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Policies & Terms

Flyer Posting

Effective February 9th, 2016

Schools and Parent Groups

Use of Peachjar is provided for free to district staff, school staff and authorized parent groups for the distribution of noncommercial, school-related eflyers. The district is not authorized to post eflyers through the system on behalf of, or for the benefit of, any external organizations.

Community Organizations and Enrichment Providers

All community organizations and enrichment providers (both for-profit and non-profit) are subject to Peachjar’s service fees. Payment of Peachjar's flyer posting service fee is non-refundable once the transaction is completed. Should an external organization's flyer be denied, the posting organization will be notified electronically and a refund will be provided as an account credit after 24 hours.

Peachjar’s Community Free Program – Terms & Conditions

Peachjar provides its Community Free Program to program providers residing within the boundary of a school district who is under contract with Peachjar with the inclusion of the Community Free Program. Peachjar’s service fees will be waived for local program providers who are promoting a free program or event that does not entice participants to join a fee- based program, or purchase products or services. All flyers submitted for free distribution will be reviewed by Peachjar for verification of eligibility.

  • The program provider may only distribute one time every 30 days
  • The flyer duration is not to exceed one month (30 days)
  • Flyer distribution is limited to a maximum of 25 schools

If a program provider wishes to distribute to more schools or more frequently than a Community Free account allows, the program provider may register for a standard paid account (Program Provider) with a different email address and distribute the remaining flyers through that account.

Flyer Content and Removal

Peachjar reserves the right to remove flyers with content that it deems inappropriate, in violation of the law, counter to contractual agreements, in violation of the Terms of Use, posted beyond the stated date of the event, or for general misuse, as defined solely by Peachjar staff. We do not accept responsibility to do the same, and failure to do so shall not invalidate these terms for future

Privacy

VCN 10.0
Effective April 19th, 2019

Peachjar is committed to keeping your personal and confidential information protected and safely maintained. We do not share or sell personally identifiable information to any third party unless required by law, regulation or legal process. We will protect personally identifiable information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. We will make readily available to customers information about our policies and practices relating to the management of personal information. Any information that you provide to Peachjar is subject to this privacy policy which governs our collection and use of your information.

Personally identifiable information includes Student Data (as defined below) provided to Peachjar through the use of Peachjar’s Services and is governed by the terms of the agreement between Peachjar and the educational institution related to your use of Peachjar’s Services. Educational institutions own all right, title and interest to all Student Data they provide or otherwise make available to Peachjar, and we do not own, control, or license such Student Data, except so as to provide Peachjar’s Services to you and to the educational institution that uses Peachjar’s Services and controls Student Data from the educational records, if applicable, and as described herein. “Student Data” is any information (in any format) that is directly related to an identifiable current or former student that is maintained by a school, school district, or related entity or organization, or by Peachjar, as part of providing Peachjar’s Services. Student Data may include “educational records” as defined by the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232(g). Peachjar agrees to treat Student Data as confidential and not to share it with third parties.

Peachjar may collect non-personal information about your computer, including your IP (internet protocol) address, operating system and browser type, for system administration and information about where a user comes from before arriving at our website, what pages a user visits, the order of those pages, and the amount of time spent on each. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual. Google Analytics is a web analytics tool that helps website owners understand how visitors engage with their website. Google Analytics customers can view a variety of reports about how visitors interact with their website so that they can improve it. Like many services, Google Analytics uses first-party cookies to track visitor interactions as in our case, where they are used to collect information about how visitors use Peachjar’s website. Cookies contain information that is transferred to your computer’s hard drive. These cookies are used to store information, such as the time that the current visit occurred, whether the visitor has been to the site before and what site referred the visitor to the web page. Google Analytics collects information anonymously. It reports website trends without identifying individual visitors. We then use the non-personal information to compile reports (including for analytical and research purposes) to help us improve and optimize our current and future website and/or Peachjar’s Services (and for our business generally) and to provide anonymous aggregated reporting for internal audits and audits by third-parties.

You can use the Site and certain Other Services without providing any Personal Data, but if you decline to provide Personal Data, you may not be able to use certain services or features. If you have previously provided Personal Data to Peachjar and have subscribed to one or more email newsletters or are receiving emails or other communications from Peachjar and you do not want to receive such emails, please discontinue your subscriptions by selecting the "unsubscribe" link at the bottom of any message, visiting the Unsubscribe section of the Site or contacting us at unsubscribe@peachjar.com. You may optout of receiving digital flyers from us by adjusting your Site preferences at our Unsubscribe link on this page. If you ask that we stop using your Personal Data, we will honor that request. However, we will retain records of your Personal Data as needed in order to comply with applicable federal, state, or local law.

Terms of Use

VCN 10.0
Effective April 19th, 2019

Welcome to Peachjar. Peachjar unites schools, parents and communities in their joint mission to elevate student outcomes and increase parent engagement. Please continue reading to learn about the rules and restrictions that govern your use of Peachjar’s website(s) and all other products, services and applications made available by Peachjar.

1. Terms

This Terms of Use Policy (the “Terms of Use”) governs your access to and use of the Peachjar website, including our related technologies, such as email notifications, applications (“apps”), and our related services (individually or collectively, "Peachjar’s Services"). These Terms of Use apply to all visitors, users, and others who access and use Peachjar’s Services ("Users"). Your access to and use of Peachjar’s Services and any information, text, graphics or other materials uploaded, downloaded, or appearing on the Peachjar website and/or through Peachjar’s Services (collectively referred to as "Content") is conditioned on your acceptance of and compliance with these Terms of Use.

By accessing or using Peachjar’s Services, you agree to be bound by these Terms of Use, as well as all applicable federal and state laws and regulations, and you agree that you are responsible for compliance with any applicable local laws. The materials contained in this website are protected by applicable copyright and trademark law. These Terms of Use apply to all visitors, users, and others who access and use Peachjar’s Services. If you do not agree with any of these terms, you are prohibited from using or accessing Peachjar’s Services.

If you are accepting these Terms of Use and using Peachjar’s Services on behalf of a company, organization, government, or other legal entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Use, and you agree to these Terms of Use on behalf of the entity. You may use Peachjar’s Services only in compliance with these Terms of Use, any agreement entered into by your entity relating to Peachjar’s Services, and all applicable local, state, national, and international laws, rules and regulations.

2. Policies

Communications Policy

Peachjar keeps parents/legal guardians and school/district staff informed of various school events, users via email on a frequent basis on behalf of schools and school districts. By using Peachjar’s Services, you agree to receive such email communications from Peachjar (on behalf of specific schools/districts or other educational institutions who have contracted with Peachjar and have approved of such communications). You may opt-out of receiving such communications by following the unsubscribe instructions under the “Set Email Preferences” link within any Peachjar-delivered email.

All users who create a school/district account agree to: (a) provide a link between each school’s website (if any) and Peachjar’s school dedicated web flyerboard; and (b) gather and provide parent/guardian email addresses, load them into Peachjar’s system, and refresh the email list on a timely basis; and (c) refer community organizations, inquiring to distribute flyers through the school/district, to Peachjar.

All users who create an organization account (all account types other than a parent/guardian account) agree to receive periodic email communication from Peachjar for the purpose of keeping users aware of new features, sending recommendations to optimize performance, and providing notices and other information.

Peachjar allows for user uploaded content and reserves the right to remove content that is deemed (in Peachjar’s sole discretion) inappropriate, in violation of the law, counter to contractual commitments, or for general misuse as defined solely by Peachjar staff. You acknowledge and agree that Peachjar has the right (but not the obligation or responsibility) to review your content. Any use or reliance on any Content posted online or distributed via Peachjar’s Services is at your own risk.

Regardless of whether you are a School/Parent group, an external community organization/program provider, or any other type of organization, or an individual, you represent and warrant to Peachjar that: (a) you have the right to enter into these Terms of Use, and perform your obligations hereunder; and (b) your content on its own, and as either provided to Peachjar directly or uploaded, included and distributed as digital flyers to be delivered through campaigns using Peachjar’s website/service, does not and shall not (i) infringe upon any third-party including, without limitation, intellectual property rights and rights of privacy and publicity, (ii) violate any applicable laws, rules or regulations, (iii) be defamatory, obscene, harmful to minors, fraudulent, misleading or inaccurate, or (iv) contain any viruses or other computer programming routines that are intended to damage or detrimentally interfere with any system, data or personal information. Further, you certify that you are 18 years of age or older.

Below are important terms and conditions which describe how your content may be posted and distributed through Peachjar’s website/service:

Schools/Districts and Parent Groups is defined as a person or entity who either works on behalf of the school/district or is a parent/legal guardian who the school/district has approved to distribute relevant information via Peachjar about various school events, after-school events, programs, and activities and/or other school/district approved communications. Posting and distributing informational flyers is offered as a service to schools/districts and each school’s authorized parent group(s). Peachjar encourages schools/districts and parent groups to post and distribute all school-related flyers created by school/district staff or parent groups. Schools/Districts agree that all participating schools/districts will not distribute paper flyers from external organizations or post/distribute digital flyers from external organizations in a manner that would circumvent Peachjar’s service fees. If a flyer describes an activity or event and there is a fee associated with such activity or event, then all of the following criteria must be met in order for the flyer to be posted at no charge to you (i.e. you will not be charged Peachjar’s service fee):

  • The fee associated with the activity/event must only be payable to a school, a school district, or a school's authorized parent group/foundation.
  • The activity/event must be conducted by school/district staff, or parent group volunteers.

External Community Organizations and Program Providers is defined as a person or entity that is external to a school/district who sends digital flyers via Peachjar to schools/districts to promote your offerings/programs or other flyer content to parents/legal guardians (“Customers”). You acknowledge and agree that if you are deemed by Peachjar to be an external, non-school/district organization (including both for-profit and non-profit), then you and/or your organization, as a Customer, are subject to Peachjar’s service fee.

Customer grants to Peachjar a limited, non-exclusive, non-transferable, royalty-free license to use, reproduce and display all creative materials Customer provides to Peachjar for it to perform the service, including creation, approval and distribution of digital flyers, along with all content, images, trademarks, trade names, logos, service marks, brand features and product/service designations contained therein (collectively, “Customer Content”).

Flyer Review And Payment Policy

If you are a school/district staff approver, you acknowledge and agree that: (a) you at least once a week review and action flyers pending approval; and (b) all denied actions are in alignment with the school’s/district’s published flyer guidelines (if any).

If you are an external, non-school/district organization uploading a flyer, you acknowledge and agree that your flyer is subject to review and approval by the district(s)/school(s) where you seek to post/distribute your flyer. For the appropriate district(s)/school(s) to determine whether your flyer meets school district requirements for flyer approval, your account information may be viewed by school district staff during the flyer approval process and as part of reports provided to school districts. The decision to approve or deny a flyer is solely determined by the controlling district(s)/school(s). Payment of Peachjar's digital flyer posting service fee is non-refundable once the transaction is completed. Should your flyer be denied, you (or your posting organization) will be notified electronically and an account credit will be provided after 24 hours.

Peachjar does not verify the authenticity of information, nor filter, review, or approve the content that is contained in the digital flyers or provided to districts and schools by external, non-school/district organizations as part of the digital flyer approval process, as this is the sole responsibility of the approving district(s)/school(s) and their staff.

You represent that you own or have the permission to use, all content in your flyers, including permission to use the name and likeness of each identifiable individual person whose name or likeness is contained or used within.

Should Peachjar allow you (as an external, non-school/district community organization and/or program provider) to distribute a digital flyer through Peachjar’s Services at no charge to you, and should any such flyer promote an event or program whereby attendees pay a fee, are encouraged to join a fee-based program or have the opportunity to purchase products or services, you agree to pay Peachjar’s standard fees for its commercial flyer distribution service.

Peachjar makes no claims regarding the extent of email distribution to parents/guardians because the quantity of email addresses in Peachjar’s system is a function of the effectiveness of each school district’s process to gather such email addresses, load them into Peachjar’s system, and refresh the email list on a timely basis.

Peachjar receives compensation from many of the companies featured in the emails we distribute and shown on our website.

3. Peachjar’s Community Free Program

Peachjar provides its Community Free Program to External Community Organizations and Program Providers residing within the boundary of a school district that is under contract with Peachjar with the inclusion of the Community Free Program. Peachjar’s service fees will be waived for local External Community Organizations and Program Providers who are promoting a free program or event that does not entice participants to join a fee-based program, or purchase products or services. All flyers submitted for free distribution will be reviewed by Peachjar for verification of eligibility. The following terms apply:

  • The program provider may only distribute one time every 30 days.
  • The flyer duration is not to exceed one month (30 days).
  • Flyer distribution is limited to a maximum of 25 schools.

If an External Community Organization or Program Provider wishes to distribute to more schools or more frequently than a Community Free account allows, the External Community Organization or Program Provider may register for a standard paid account (Program Provider) with a different email address and distribute the remaining flyers through that account.

4. Limitations

Your access to and use of Peachjar’s Services or any materials or content therein are at your own risk. You understand and agree that the Peachjar’s Services are provided to you on an "as is" and "as available" basis. To the maximum extent permitted under applicable law, Peachjar expressly disclaims all warranties, whether express or implied, including, without limitation, any implied warranties of merchantability and fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Peachjar does not warrant or make any assurances or promises of any level of success about its website, Peachjar’s Services, any associated campaigns, likely results, any decisions made regarding school(s)/district(s) approval process relating to the posting and email distribution of digital flyers.

Peachjar does not warrant or make any representations concerning the accuracy, or reliability of the materials provided through its service or on its website on any websites linked to this website or otherwise through the service.

To the maximum extent permitted by applicable law, in no event shall Peachjar and its affiliates, directors, employees, agents, representatives (collectively “Peachjar”) be liable for any direct, indirect, incidental, special, consequential or punitive damages (including, without limitation, damages for loss of data, loss of revenue, and loss of profit) that may arise out of the use, or inability to use, the materials on the Peachjar’s Services, including flyers or other material uploaded into Peachjar's system by you or any other person, even if Peachjar or a Peachjar authorized representative has been notified orally or in writing of the possibility of such damage. Peachjar makes no representations regarding expected results. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

In no event shall Peachjar’s total liability arising out of or related to these terms of use or Peachjar’s Services exceed the greater of five hundred U.S. dollars ($500.00) or the total amount of payments made by you to Peachjar, if any, in the twelve (12) months preceding the first incident out of which the liability or claim arose relating to Peachjar’s Services. The foregoing limitation will apply whether an action is in contract or tort and regardless of the theory of liability, whether based on warranty, contract, statute, tort or otherwise, and whether or not Peachjar has been informed of the possibility of such damage.

5. Revisions and Errata

The materials appearing on Peachjar website could include technical, typographical, or photographic errors. Peachjar does not warrant that any of the materials on its website are accurate, complete, or current. Peachjar may make changes to the materials contained on its website at any time without notice. Peachjar does not, however, make any commitment to update the materials. You acknowledge and agree that Peachjar may continue to enhance Peachjar’s Services and that the form, format and/or functionality may change from time to time without prior notice to you, unless such changes are material as per Section 7 (Terms of Use Changes) below. Also, Peachjar may stop (permanently or temporarily) providing Peachjar Services (or any features within) to you or to users generally and may not be able to provide you with prior notice. Peachjar also retains the right to create reasonable limits on use and storage of your information and content.

6. Third-Party Links

Peachjar’s Services may contain links to third-party websites or resources (collectively, “Third-Party Links”). Such Third-Party Links are not under Peachjar’s control and the inclusion of any Third-Party Link does not imply endorsement by Peachjar. You acknowledge and agree that Peachjar is not responsible or liable for: (i) the availability or accuracy of such Third-Party Links or (ii) the content, products, or services on or available from such Third-Party Links. You acknowledge sole responsibility for and assume all risk arising from your use of any such Third-Party Links.

7. Terms of Use Changes

Peachjar may revise these Terms of Use at any time without notice, but the most current version will always be accessible via a prominently posted link on Peachjar’s website. If the bulk of these revisions (or any single revision) are deemed material (in our sole discretion), Peachjar will notify you through any one or more of the following ways: through Peachjar’s Services, or your email address we have on file associated with your account. By continuing to access or use Peachjar’s Services, you are agreeing to be bound by the then-current version of these Terms of Use as revised.

8. Governing Law

Any claim arising out of or relating to Peachjar’s Services, Content, and/or these Terms of Use shall be exclusively governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law principles. Each party consents to the exclusive jurisdiction and venue of the state and federal courts located in San Diego County, California, to adjudicate any dispute arising out of or relating to this Agreement.

9. Accessibility

In accordance with the Americans with Disabilities Act's (ADA) requirements for digital content, Peachjar's content complies with the Web Content Accessibility Guidelines (WCAG) 2.0 A & AA standards. These are the guidelines by which the Office of Civil Rights requires the school district's digital content to comply with. We have successfully completed an audit performed with Monsido, a leading web accessibility scanning tool, and both our emails and school Peachjar flyer pages are in compliance.

Peachjar is fully committed to better serving individuals with disabilities. Flyers appear as an image with an alt-tag description that contains the title, and a long description attribute that contains all of the text from the flyer. By doing this, each flyer's content is compatible with screen readers and other assistive technologies that have been approved for use with the WCAG 2.0 AA standard. In addition, recognizing that individuals face unique accessibility challenges, each flyer includes contact information so that parents and students can contact the flyer uploader should they have any difficulty accessing the content.

Please be aware that WCAG 2.0 A & AA standards require that we use long description attributes for flyer content; however, not all screen readers have received an update to read such content. In order to address this issue, Peachjar has adopted the Accessible Rich Internet Applications (ARIA) attributes, which enables most modern readers to read the flyer content. If an individual is still unable to access the content, Peachjar also has a text-only email option that can be enabled. Please contact us if you would like us to enable this function for an individual.

If you have further questions about Peachjar’s commitment to ensuring effective communication for individuals with disabilities, please do not hesitate to contact us.

10. Additional Terms

  1. Severability. If any term, condition or provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect and shall not be affected, impaired or invalidated in any way.
  2. Indemnification. You agree to indemnify, defend and hold Peachjar (including its affiliates, successors, assigns, directors, officers, officers, employees, contractors and agents) harmless from and against any and all claims, allegations, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) by third parties arising from or relating to (i) your use of Peachjar’s Services, including any Content transmitted or received by you along with any allegation that such Content or subject matter is illegal or harmful in any matter, violates the right of a third party, is defamatory or obscene, or violates any law, regulation, or other administrative action, or (ii) any other party’s access and use of Peachjar’s Service with your unique username and/or password, or (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights.
  3. Force Majeure. Excluding payment obligations, neither party will be liable for delay or default or default in the performance of its respective obligations under this Agreement if such delay or default is caused by conditions beyond its reasonable control, including but not limited to, flood, accident, earthquakes, telecommunications line failures, electrical outages, network failures, acts of God or labor disputes.

Accessibility

Effective February 20, 2018

In accordance with the Americans with Disabilities Act's (ADA) requirements for digital content, Peachjar's content complies with the Web Content Accessibility Guidelines (WCAG) 2.0 A & AA standards. These are the guidelines by which the Office of Civil Rights requires the school district's digital content to comply with. We have successfully completed an audit performed with Monsido, a leading web accessibility scanning tool, and both our emails and school Peachjar flyer pages are in compliance.

Peachjar is fully committed to better serving individuals with disabilities. Effective immediately, flyers will no longer be available in PDF format and will instead appear as an image with an alt-tag description that contains the title, and a long description attribute that will contain all of the text from the flyer. By doing this, each flyer's content will be compatible with screen readers and other assistive technologies that have been approved for use with the WCAG 2.0 AA standard. In addition, recognizing that individuals face unique accessibility challenges, each flyer will include contact information so that parents and students can contact the flyer uploader should they have any difficulty accessing the content.

Please be aware that WCAG 2.0 A & AA standards require that we use long description attributes for flyer content; however, not all screen readers have received an update to read such content. In order to address this issue, Peachjar has adopted the Accessible Rich Internet Applications (ARIA) attributes, which will enable most modern readers to read the flyer content. If an individual is still unable to access the content, Peachjar also has a text-only email option that can be enabled. Please contact us if you would like us to enable this function for an individual.

If you have further questions about Peachjar’s commitment to ensuring effective communication for individuals with disabilities, please do not hesitate to contact us.

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