TERMS OF THE “GIVE ONE GET ONE” INITIATIVE

1. The Give One Get One (“G1G1”) initiative ends on December 31, 2007. In connection with your payment of US$399 to OLPC Foundation, OLPC Foundation will provide you with one XO laptop, and a second XO laptop will be given by OLPC Foundation to a child in one of the least developed countries¹ in the developing world. It is not possible to make a payment now and order the XO laptop at a later time. Participation may not be canceled after payment is made.

2. XO laptops will be shipped only to G1G1 participants and only to the street addresses they provide for themselves in the fifty United States, Puerto Rico, Guam, the U.S. Virgin Islands, the District of Columbia and Canada.

3. XO laptops are available only for private home and educational uses. No XO laptops will be supplied for resale.

4. Your payment of US$399 (or some multiple of that number if you wish to receive two or more XO laptops) does not include shipping and handling or any applicable sales or use tax.

5. Please understand that OLPC Foundation depends on the assistance of manufacturers that are committed to providing XO laptops and accessories to children in the developing world at the lowest possible cost. Delivery of your XO laptop may be subject to delays, and neither OLPC Foundation nor its suppliers can be responsible for any delays in delivery. OLPC Foundation’s upmost priority is the fulfillment of its humanitarian mission and the delivery of XO laptops to children in the developing world.

6. The XO laptop that you receive will be subject to a 30-day Limited Warranty. Please click here to review the Warranty terms. OLPC Foundation estimates that the fair market value of an XO laptop is $199.

7. IF YOU CHANGE YOUR MIND, YOU CAN GET A FULL REFUND, BUT YOU MUST REQUEST THE REFUND WITHIN THIRTY (30) DAYS OF YOUR CREDIT CARD TRANSACTION DATE. This refund option applies whether you make a contribution or elect to participate in the G1G1 initiative. For participants in the G1G1 initiative, should you receive an XO laptop within the thirty-day refund period, to obtain a refund you'll have to return the XO laptop(s) unopened and undamaged. To request a refund, please contact help@laptop.org. Refunds will be issued as a credit to the credit card used to make your original payment. Please allow two (2) to four (4) weeks for the processing of your refund following the receipt of your request and, if applicable, receipt by the OLPC Foundation's agent of the XO laptop(s) you received. No refunds will be made if your request is made more than thirty (30) days after the transaction date of your payment. Please note that this refund option is independent of the Warranty that XO laptop purchasers receive in Section 6 of this Agreement.

8. OLPC Foundation is a tax-exempt U.S. charitable organization. The amount of your payment that is deductible for Federal income tax purposes is limited to the excess of the amount of any money contributed by you over the value of the goods or services provided by OLPC Foundation. If you make a donation to OLPC Foundation and do not elect to receive an XO laptop, your entire payment will be treated by OLPC Foundation as a charitable contribution. To the extent your payment exceeds the fair market value of the benefits you receive, you may be able to claim a charitable contribution deduction (if you are Canadian, against your U.S.-source income only). OLPC Foundation does not provide tax advice, and participants in the G1G1 initiative should consult with their own tax and legal advisors concerning tax matters.

9. Neither OLPC Foundation nor One Laptop per Child, Inc. has service facilities, a help desk or maintenance personnel in the United States or Canada. Although we believe you will love your XO laptop, you should understand that it is not a commercially available product and, if you want help using it, you will have to seek it from friends, family, and bloggers. One goal of the G1G1 initiative is to create an informal network of XO laptop users in the developed world, who will provide feedback about the utility of the XO laptop as an educational tool for children, participate in the worldwide effort to create open-source educational applications for the XO laptop, and serve as a resource for those in the developing world who seek to optimize the value of the XO laptop as an educational tool. We urge participants in the G1G1 initiative to think of themselves as members of an international educational movement rather than as “customers.”

10. The XO laptop is designed for easy-to-use wireless connection by children to the Internet and other networks. Internet access must be purchased separately through an independent Internet Service Provider (ISP). In selecting an ISP, you should remember that, in addition to the many wonderful sites and educational resources on the Internet and World Wide Web, there are places where you wouldn’t want your child to go and people you wouldn’t want your child to meet. That’s why many ISPs offer “filters” that assist you in monitoring and/or controlling your child’s Internet access. So your child can have a safe and healthful experience, OLPC FOUNDATION RECOMMENDS THAT YOU USE AN APPROPRIATE INTERNET FILTER, REMAIN INVOLVED IN YOUR CHILD’S USE OF THE INTERNET AND, OF COURSE, STAY ACTIVELY ENGAGED IN YOUR CHILD’S EDUCATION.

11. G1G1 participants may elect to be eligible for one year of T-Mobile HotSpot service, provided without charge by T-Mobile USA. T-Mobile estimates the value of this service at more than $350. OLPC Foundation assumes no responsibility for any goods or services offered or made available by any third party to participants in the G1G1 initiative.

12. Financial information about the OLPC Foundation can be obtained by contacting us in writing at P.O. Box 425087, Cambridge, MA 02142, or as stated below. Colorado: Colorado residents may obtain copies of registration and financial documents from the office of the Secretary of State, (303) 894-2680, www.sos.state.co.us/ re: Reg. No. 24172. Florida: SC No. CH22243 A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE, WITHIN THE STATE, 1-800-HELP-FLA. Georgia: A full and fair description of the programs and activities of the OLPC Foundation and its financial statement are available upon request at the address indicated above. Illinois: Contracts and reports regarding the OLPC Foundation are on file with the Illinois Attorney General. Maryland: For the cost of postage and copying, documents and information filed under the Maryland charitable organizations laws can be obtained from the Secretary of State, Charitable Division, State House, Annapolis, MD 21401, (800) 825-4510. Michigan: MICS No. 36674. Mississippi: The official registration and financial information of the OLPC Foundation may be obtained from the Mississippi Secretary of State's office by calling 1-888-236-6167. New Jersey: INFORMATION FILED WITH THE ATTORNEY GENERAL CONCERNING THIS CHARITABLE SOLICITATION AND THE PERCENTAGE OF CONTRIBUTIONS RECEIVED BY THE CHARITY DURING THE LAST REPORTING PERIOD THAT WERE DEDICATED TO THE CHARITABLE PURPOSE MAY BE OBTAINED FROM THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY BY CALLING (973) 504-6215 AND IS AVAILABLE ON THE INTERNET AT www.njconsumeraffairs.gov/ocp.htm#charity. New York: Upon request, a copy of the latest annual report can be obtained from the organization or from the Office of the Attorney General by writing the Charities Bureau, 120 Broadway, New York, NY 10271. North Carolina: Financial information about this organization and a copy of its license are available from the State Solicitation Licensing Branch at 1-888-830-4989. Pennsylvania: The official registration and financial information of the OLPC Foundation may be obtained from the Pennsylvania Department of State by calling toll-free, within Pennsylvania, 1-800-732-0999. Virginia: Financial statements are available from the State Office of Consumer Affairs, P.O. Box 1163, Richmond, VA 23218. Washington: The notice of solicitation required by the Charitable Solicitation Act is on file with the Washington Secretary of State, and information relating to financial affairs of the OLPC Foundation is available from the Secretary of State, and the toll-free number for Washington residents: 1-800-332-4483. West Virginia: West Virginia residents may obtain a summary of the registration and financial documents from the Secretary of State, State Capitol, Charleston, WV 25305. Inquiries can be made to Robert Fadel at the OLPC Foundation.

REGISTRATION IN THE ABOVE STATES DOES NOT IMPLY ENDORSEMENT, APPROVAL OR RECOMMENDATION OF THE OLPC FOUNDATION BY THE STATE.

13. Your dealings with One Laptop per Child, Inc. and OLPC Foundation on this website are subject to the OLPC Privacy Policy. To review it, please click here.

14. This agreement is the entire agreement between the parties relating to its subject matter and cannot be modified, amended or altered unless such modification, amendment or alteration is in writing and signed by OLPC and you. If any provision of this agreement should be held invalid or unenforceable for any reason whatsoever, or conflicts with any applicable law, this agreement will be considered divisible as to such provision(s), and such provision(s) will be deemed amended to comply with such law, or if it (they) cannot be so amended without materially affecting the tenor of the agreement, then it (they) will be deemed deleted from this agreement in such jurisdiction, and in either case, the remainder of the agreement will be valid and binding to the greatest extent possible. This agreement and adjudication of all disputes hereunder shall be governed by the substantive laws of the Commonwealth of Massachusetts without applying its conflicts of law principles. Any legal proceeding between the parties which relates to or arises out of this agreement shall be brought by either party in a court of competent jurisdiction located in the Suffolk County, Massachusetts.

15. If any statement contained in these Terms differs from any statement contained on any other page of this website or any email, broadcast, or oral communication by OLPC Foundation about the G1G1 initiative, the statement contained in these Terms and Conditions shall prevail.

1 OLPC Foundation follows the United Nations definition of “least developed countries.” A complete LDC list is available on the UN Website.