Terms of Use

Updated and Effective Date: March 2023

This section applies to MTC users accessing the Services through a corporate organizational license

By using our Services (as such terms are defined below), you agree to the following Terms of Use (“Terms”) which governs the access and use of the Services (as such terms are defined below) and to our Privacy Policy (“Privacy Policy”), which governs how we collect, use, share and otherwise process information about you, available here. If you are entering into these terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms of use, in which case the terms “you” or “your” shall refer to such entity.

This section applies to MTC Users that are accessing the Services through a corporate organizational license subject to an agreement between MTC and the organization through which they are accessing the Services (“Company”). These users are generally employees using their individual account or acting as administrators on their company's licensed instance of the Services. If you have signed up for MTC in your individual personal capacity and not as a result of a corporate organizational license, please see the Terms of Use below.

ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW, BY USING THE MOVE THE CHAIN SERVICES (COLLECTIVELY “SERVICES”), YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.

These Terms governs the access or use by you, an individual, of the Services through a corporate organizational license subject to an agreement between MTC and the organization through which they are accessing the Services (“Agreement”).

By accessing or using the Services, you consent that you: (a) represent that you are duly authorized to access and use the solution on behalf of your organization, and (b) have read, understood and hereby accept this Terms of Use and agree that are legally bound by them, both in your individual capacity and on behalf of your organization. If you do not agree to this Terms of Use, do not access or use the Services.

These Terms expressly supersede prior agreements or arrangements with you or made on your behalf, except for the terms of the Agreement between the licensing organization through which you are accessing the Services and MTC. MTC may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason allowed under the Agreement.

MTC may amend the Terms related to the Services from time to time. Amendments will be effective upon MTC's posting of such updated Terms. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. Information on how we collect, use, share and otherwise process information about you, is accessible here, in the Privacy policy. In the case of a conflict between these Terms and the Agreement, the Agreement shall prevail.

The Services constitute a technology solution, which includes an online website, applications, content, products and services (“Services”) that enable MTC's users to access the standard services, including but not limited to: (a) Showcase corporate social responsibility, values and impact, which includes, but is not limited to, donations, volunteering events, ESG goals, through their branded corporate profile; (b) Make one-time or recurring donations to a database of thoroughly vetted nonprofits in good standing; (c) Offer a corporate donation matching program to employees; (d) Manage and promote communities and Employee Resource Groups; (e) Organize, streamline and communicate social events using MTC's proprietary social calendar; (f) Launch co-branded fundraisers, with the option for gamification, with vetted nonprofit organizations directly on the Platform and/or via other communication tools, including but not limited to, Slack and/or Microsoft Teams, leveraging proprietary customizable templates; (g) Launch volunteering events directly on the Platform, and via other communication tools, including but not limited to, Slack and/or Microsoft Teams, leveraging proprietary customizable templates. Volunteering photos, videos, and other assets shared by employees through the Move the Chain platform are consolidated and can be promoted on the licensing organization's profile, if it elects to do so; (h) Locate, learn about, and schedule volunteering opportunities with organizations in need of such volunteer services. If permitted by the user, volunteering hours are recorded, and can be reported on the licensing organization's profile, if it elects to do so; (i) Launch cultural events and promote them directly via Slack and/or Microsoft teams. Participants can add events to calendar, upload photos, video and other assets, that can be promoted on the licensing organization's profile, if it elects to do so. (j) Access a pool of diverse talent through a curated partnership with a nonprofit organization focused on advancing education for diverse talent.

MTC also offers customized Services, which requires MTC to customize fundraisers, volunteering, and other events to accommodate for the licensing organizations' specific needs.

MTC does not act as and is not a Broker, Financial Institution, Creditor or nonprofit organization. MTC is a technology platform that provides services to MTC users and may accept a Platform fee for the services rendered. You acknowledge that facilitation is integral to the Services offered and that all personal and other types of information collected to enable our Services are dictated by our Privacy Policy.

• 3.1 Licenses

  If you are using MTC due to an organizational licensure of the Services, and subject to your compliance with the Terms of Use and any other terms included in the Agreement made between your affiliated organization and MTC, MTC grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license during the term of this Agreement to: (a) access and use the Services on your company-owned and personal device, solely in connection with your use of the Services; (b) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use; and (iii) access and use the Services to add your own content, information and related materials, including to create employee resource group pages and events such as volunteer opportunities, fundraisers and cultural events. Any rights not expressly granted herein are reserved by MTC and MTC's licensors, as applicable.

• 3.2 Restrictions

  You may not: (a) remove any copyright, trademark or other proprietary notices from any portion of the Services; (b) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by MTC in writing; (c) decompile, reverse engineer or disassemble the Services; (d) link to, mirror or frame any portion of the Services; (e) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; (f) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks; or (g) use in any way that violates the organizational license and Agreement through which you are accessing the Services.

• 3.3 Provision of the services

  • 3.3.1 Donations

    If you are using the Services to make a donation, MTC will facilitate that transaction through the use of PayPal Giving Fund (“PPGF”). PPGF gives MTC and its Users access to a database of nonprofit organizations participating in PPGF's programs to validate the legitimacy and/or status of the nonprofit organizations, process the charitable donations and send a tax receipt. PPGF is a grant-giving IRS-registered 501(c)(3) public charity (Federal Tax ID: 45-0931286) that aims to inspire a new wave of philanthropy by making giving part of everyday life. PPGF is the receiving charity of record for any donation made through its programs.

  • 3.3.2. Nonprofit Certification Process

    PPGF ensures all charities have met the eligibility requirements in the Nonprofit Certification Policy  Policy before including them in their programs. You can learn more about how PPGF grants funds to charities by reviewing their Donation Delivery Policy. We are not responsible to validate the legitimacy and/or status of the nonprofit organizations included in the database.

  • 3.3.3. Donation Processing

    Prior to making a donation, you will be provided with additional terms and conditions associated with the donation transaction at the time of the donation transaction, and must agree to those terms and conditions to complete the transaction. Furthermore, if you choose to share your contact information with the recipient organization for any reason other than to request receipts for tax purposes, future communications directly between yourself and the recipient organization are not connected to MTC, nor is MTC responsible or liable for any dealings or issues related to that ensuing relationship between the donor and recipient organization. If you are using the Services to make a donation, you should get a tax receipt from PPGF for each tax-deductible donation you make. PPGF sends tax receipts to donors via email, to the email provided when making a donation.

    As the charity of record, PPGF receives the donations from Users, then grants the funds to the nonprofit you recommended, subject to its terms. Donations are subject to PayPal's payment processing fees, and PPGF makes grants to benefiting charities net of those fees. Whether a charity is enrolled in PPGF determines the method and speed at which funds are granted. Pending distribution of grants, PPGF holds all donations in a secure, non-interest bearing bank account. PPGF grants donated funds to charities enrolled with PPGF (“Participating Nonprofits” pursuant to the PayPal Giving Fund Nonprofit User Agreement) on a monthly basis on or around the 25th day of each month, in nearly all cases within 10 to 40 days after PPGF receipt of funds.

    This doesn't happen often, but if, after reasonable efforts, PPGF cannot deliver donations to the charity you recommend, it will whenever possible seek a new recommendation from you, and if no recommendation is given, will reassign the funds to another charity, which has been vetted by PPGF.

  • 3.3.4. Refunds and Chargebacks

    All donation refunds are handled by MTC. We are responsible for handling the refund request and work with our payment processor to process the refunds. Donations processed are not typically refundable. In exceptional circumstances, you may be able to request a refund up to 30 days after the donation date, subject to PPGF's refund policy  and provided that the funds have not already been granted to your chosen charity. The donation amount less the processing fee will be returned to the Donor. Donations older than 30 days will not be refunded. You should contact Move the Chain concerning a refund, by emailing us at support@movethechain.com

  • 3.3.5. Volunteering

    If you are using the Services to find volunteering opportunities (a “Volunteer”), your correspondence and/or ensuing relationship with nonprofit and public service organizations, volunteers, partners, advertisers, sponsors or other third parties found on or through the Services (an “Organization“), including posting or acceptance of volunteer opportunities, and any other terms or conditions associated with such dealings, are solely between Volunteer and the Organization(s) you choose to deal with. YOU AGREE THAT MTC WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, COST, DAMAGE, OR OTHER LIABILITY OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS, OR AS THE RESULT OF THE PRESENCE OF SUCH PARTIES ON THE SERVICES AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIMS AGAINST MTC ARISING FROM OR RELATED TO YOUR RELATIONSHIP WITH AN ORGANIZATION.

    If you are using the Services to find Volunteers to fill volunteer opportunities, your correspondence or ensuing relationship with the Volunteers found on or through the Services, and any other terms or conditions associated with such dealings, are solely between you and the Volunteer. YOU AGREE THAT MTC WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, COST, DAMAGE, OR OTHER LIABILITY OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS, OR AS THE RESULT OF THE PRESENCE OF SUCH PARTIES ON THE SERVICES AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIMS AGAINST MTC ARISING FROM OR RELATED TO YOUR RELATIONSHIP WITH A VOLUNTEER.

• 3.4. Third Party Services and Content

  The Services may be made available or accessed in connection with third party services and content MTC does not control, such as the content provided by the licensing organization, other users or groups associated with the licensing organization, or a nonprofit organization seeking donations or volunteers. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. MTC does not endorse such third party services and content and in no event shall MTC be responsible or liable for any products or services of such third party providers.

• 3.5. Ownership

  The Services and all rights therein are and shall remain MTC's property or the property of MTC's licensors, as applicable. Neither these Terms nor your use of the Services convey or grant to you any rights: (a) in or related to the Services except for the limited license granted above; or (b) to use or reference in any manner MTC's company names, logos, product and service names, trademarks or services marks or those of MTC's licensors.

• 4.1. User Accounts

  In order to use most aspects of the Services, you must maintain an active user Services account (“Account”), which will reflect your role, depending on the privileges assigned to you by the licensing organization. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration may require you to submit to MTC certain personal information, such as your name, role, functional department associated with your role and other data categories according to the Privacy Policy; or this data may be shared on your behalf by the licensing organization (typically your employer). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services or MTC's termination of these Terms with you. You are responsible for all activity that occurs under your Account.

• 4.2. User Requirements and Conduct

  The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to access the Services on your behalf. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to an Organization or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

• 4.3. User Provided Content

  At the discretion of MTC and the licensing organization, you may be permitted, from time to time to submit, upload, publish or otherwise make available to MTC through the Services textual, audio, and/or visual content and information, including but not limited commentary and feedback related to the Services, user profiles, and initiation of support requests (“User Content“). You may also submit, upload, publish or otherwise make available to or through MTC textual, audio and/or visual content that belongs to the licensing organization (“Company Content”), to which MTC has the right to publish through the Agreement with the licensing organization. Any User Content provided by you remains your property, or, as may be appropriate, Company Content remains the property of the licensing organization. However, by providing User Content to MTC, you grant MTC a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and MTC's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant MTC the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content, nor MTC's use of the User Content as permitted herein, will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by MTC in its sole discretion, whether or not such material may be protected by law. MTC may, but shall not be obligated to, review, monitor, or remove User Content, at MTC's sole discretion and at any time and for any reason, without notice to you.

• 4.4. Network Access and Devices

  You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. MTC does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

• 5.1. Disclaimer

  OTHER THAN AS MAY BE SET FORTH IN THE AGREEMENT BETWEEN MTC AND THE LICENSING ORGANIZATION, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” MTC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS AND/OR THE AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, EXCEPT AS SET FORTH IN THE AGREEMENT, MTC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. MTC DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF ORGANIZATIONS, VOLUNTEERS, DONATION OPPORTUNITIES, OR VOLUNTEER OPPORTUNITIES. OTHER THAN AS MAY BE PROVIDED FOR IN THE AGREEMENT, YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

• 5.2. Limitation of Liability

  MTC'S LIABILITY ASSOCIATED WITH YOUR USE OF THE SERVICES SHALL BE LIMITED IN ACCORDANCE WITH THE UNDERLYING AGREEMENT BETWEEN MTC AND THE LICENSING ORGANIZATION.

• 5.3. Indemnity

  MTC AND THE LICENSING ORGANIZATION SHALL EACH INDEMNIFY THE OTHER PARTY, INCLUDING FOR CLAIMS, DEMANDS, LOSSES, LIABILITIES AND EXPENSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, IN ACCORDANCE WITH AND TO THE EXTENT GUARANTEED BY THE UNDERLYING AGREEMENT BETWEEN MTC AND THE LICENSING ORGANIZATION.

These Terms and the Agreement between MTC and the Licensing Organization govern your license to and use of the Services, superseding any prior agreements or negotiations between you and MTC with respect to the subject matter hereof. We may change the Terms or the Privacy Policy, from time to time. These Terms can only be modified upon MTC's written agreement.

These Terms governs the access or use by you, an individual, of the Services provided by MTC.

By accessing or using the Services, you consent that you have read, understood and hereby accept this Terms of Use and agree that are legally bound by them. If you do not agree to this Terms of Use, do not access or use the Services.

These Terms expressly supersede prior agreements or arrangements with you. MTC may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

MTC may amend the Terms related to the Services from time to time. Amendments will be effective upon MTC's posting of such updated Terms. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. Information on how we collect, use, share and otherwise process information about you, is accessible here, in the Privacy policy.

The Services constitute a technology solution, which includes an online website, applications, content, products and services (“Services”) that enable MTC's users to access the standard services, including but not limited to: (a) Make one-time or recurring donations to a database of thoroughly vetted nonprofits in good standing; (b) Participate in fundraisers, allowing User to participate by taking action in exchange for a donation, or by simply donating; (c) Locate, learn about, and schedule volunteering opportunities with organizations in need of such volunteer services.

MTC does not act as and is not a Broker, Financial Institution, Creditor or nonprofit organization. MTC is a technology platform that provides services to MTC users. The Services are free of charge for Users and MTC does not take a fee from Users for the Services rendered. You acknowledge that facilitation is integral to the Services offered and that all personal and other types of information collected to enable our Services are dictated by our Privacy Policy.

• 3.1. Licenses

  Subject to your compliance with these Terms, MTC grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (a) access and use the Services on your personal device, solely in connection with your use of the Services; (b) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by MTC and MTC's licensors, as applicable.

• 3.2. Restrictions

  You may not: (a) remove any copyright, trademark or other proprietary notices from any portion of the Services; (b) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by MTC in writing; (c) decompile, reverse engineer or disassemble the Services; (d) link to, mirror or frame any portion of the Services; (e) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; (f) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

• 3.3. Provision of the Services

  • 3.3.1. Donations

    If you are using the Services to make a donation, MTC will facilitate that transaction through the use of PayPal Giving Fund (“PPGF”). PPGF gives MTC and its Users access to a database of nonprofit organizations participating in PPGF's programs to validate the legitimacy and/or status of the nonprofit organizations, process the charitable donations and send a tax receipt.

    PPGF is a grant-giving IRS-registered 501(c)(3) public charity (Federal Tax ID: 45-0931286) that aims to inspire a new wave of philanthropy by making giving part of everyday life. PPGF is the receiving charity of record for any donation made through its programs.

  • 3.3.2. Nonprofit Certification Process

    PPGF ensures all charities have met the eligibility requirements in the Nonprofit Certification Policybefore including them in their programs. You can learn more about how PPGF grants funds to charities by reviewing theirDonation Delivery Policy. We are not responsible to validate the legitimacy and/or status of the nonprofit organizations included in the database.

  • 3.3.3. Donation Processing

    Prior to making a donation, you will be provided with additional terms and conditions associated with the donation transaction at the time of the donation transaction, and must agree to those terms and conditions to complete the transaction. Furthermore, if you choose to share your contact information with the recipient organization for any reason other than to request receipts for tax purposes, future communications directly between yourself and the recipient organization are not connected to MTC, nor is MTC responsible or liable for any dealings or issues related to that ensuing relationship between the donor and recipient organization. If you are using the Services to make a donation, you should get a tax receipt from PPGF for each tax-deductible donation you make. PPGF sends tax receipts to donors via email, to the email provided when making a donation.

    As the charity of record, PPGF receives the donations from Users, then grants the funds to the nonprofit you recommended, subject to its terms. Donations are subject to PayPal's payment processing fees, and PPGF makes grants to benefitting charities net of those fees. Whether a charity is enrolled in PPGF determines the method and speed at which funds are granted. Pending distribution of grants, PPGF holds all donations in a secure, non-interest bearing bank account. PPGF grants donated funds to charities enrolled with PPGF (“Participating Nonprofits” pursuant to the PayPal Giving Fund Nonprofit User Agreement) on a monthly basis on or around the 25th day of each month, in nearly all cases within 10 to 40 days after PPGF receipt of funds.

    This doesn't happen often, but if, after reasonable efforts, PPGF cannot deliver donations to the charity you recommend, it will whenever possible seek a new recommendation from you, and if no recommendation is given, will reassign the funds to another charity, which has been vetted by PPGF.

  • 3.3.4. Refunds and Chargebacks

    All donation refunds are handled by MTC. We are responsible for handling the refund request and work with our payment processor to process the refunds. Donations processed are not typically refundable. In exceptional circumstances, you may be able to request a refund up to 30 days after the donation date, subject to PPGF's refund policy and provided that the funds have not already been granted to your chosen charity. The donation amount less the processing fee will be returned to the Donor. Donations older than 30 days will not be refunded. You should contact Move the Chain concerning a refund, by emailing us at support@movethechain.com.

  • 3.3.5. Volunteering

    If you are using the Services to find volunteering opportunities (a “Volunteer”), your correspondence and/or ensuing relationship with nonprofit and public service organizations, volunteers, partners, advertisers, sponsors or other third parties found on or through the Services (an “Organization“), including posting or acceptance of volunteer opportunities, and any other terms or conditions associated with such dealings, are solely between Volunteer and the Organization(s) you choose to deal with. YOU AGREE THAT MTC WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, COST, DAMAGE, OR OTHER LIABILITY OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS, OR AS THE RESULT OF THE PRESENCE OF SUCH PARTIES ON THE SERVICES AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIMS AGAINST MTC ARISING FROM OR RELATED TO YOUR RELATIONSHIP WITH AN ORGANIZATION.

    If you are using the Services to find Volunteers to fill volunteer opportunities, your correspondence or ensuing relationship with the Volunteers found on or through the Services, and any other terms or conditions associated with such dealings, are solely between you and the Volunteer. YOU AGREE THAT MTC WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, COST, DAMAGE, OR OTHER LIABILITY OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS, OR AS THE RESULT OF THE PRESENCE OF SUCH PARTIES ON THE SERVICES AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIMS AGAINST MTC ARISING FROM OR RELATED TO YOUR RELATIONSHIP WITH A VOLUNTEER.

• 3.4. Third Party Services and Content

  The Services may be made available or accessed in connection with third party services and content MTC does not control, such as a nonprofit organization seeking donations or volunteers. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. MTC does not endorse such third party services and content and in no event shall MTC be responsible or liable for any products or services of such third party providers.

• 3.5. Ownership

  The Services and all rights therein are and shall remain MTC's property or the property of MTC's licensors, as applicable. Neither these Terms nor your use of the Services convey or grant to you any rights: (a) in or related to the Services except for the limited license granted above; or (b) to use or reference in any manner MTC's company names, logos, product and service names, trademarks or services marks or those of MTC's licensors.

• 4.1. User Accounts

  In order to use most aspects of the Services, you must maintain an active user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration may require you to submit to MTC certain personal information, such as your name, email, age range and other data categories according to the Privacy Policy. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services or MTC's termination of these Terms with you. You are responsible for all activity that occurs under your Account.

• 4.2. User Requirements and Conduct

  The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to access the Services on your behalf. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to an Organization or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

• 4.3. User Provided Content

  At the discretion of MTC, you may be permitted, from time to time to submit, upload, publish or otherwise make available to MTC through the Services textual, audio, and/or visual content and information, including but not limited commentary and feedback related to the Services, user profiles, and initiation of support requests (“User Content“). Any User Content provided by you remains your property. However, by providing User Content to MTC, you grant MTC a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and MTC's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant MTC the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content, nor MTC's use of the User Content as permitted herein, will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by MTC in its sole discretion, whether or not such material may be protected by law. MTC may, but shall not be obligated to, review, monitor, or remove User Content, at MTC's sole discretion and at any time and for any reason, without notice to you.

• 4.4. Network Access and Devices

  You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. MTC does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

• 5.1. Disclaimer

  THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” MTC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS AND/OR THE AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, EXCEPT AS SET FORTH IN THE AGREEMENT, MTC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. MTC DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF ORGANIZATIONS, VOLUNTEERS, DONATION OPPORTUNITIES, OR VOLUNTEER OPPORTUNITIES. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

• 5.2. Limitation of Liability

  MTC SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF MTC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MTC SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES, OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY VOLUNTEER OR ORGANIZATION, EVEN IF MTC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MTC SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. YOU ACKNOWLEDGE THAT MTCIS LIMITED TO A TECHNOLOGY PLATFORM THAT FACILITATES THE CONNECTION BETWEEN VOLUNTEERS WITH VOLUNTEER OPPORTUNITIES AND NONPROFIT ORGANIZATIONS, AND THAT MTC SHALL HAVE NO OBLIGATIONS TO NONPROFIT ORGANIZATIONS OR VOLUNTEERS WITH RESPECT TO THE INTERACTION BETWEEN SUCH PARTIES. IN NO EVENT SHALL MTC'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS (US $100). MTC'S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE VOLUNTEER SERVICES BETWEEN VOLUNTEERS AND NONPROFIT ORGANIZATION, AS APPLICABLE, BUT YOU AGREE THAT MTC HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SUCH SERVICES PROVIDED FOR YOU OR BY YOU, OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

• 5.3. Indemnity

  You agree to indemnify and hold MTC and its officers, directors, employees, shareholders, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (a) your use of the Services; (b) your breach or violation of any of these Terms; (c) MTC's use of your User Content; or (d) your violation of the rights of any third party.

These Terms govern your license to and use of the Services, superseding any prior agreements or negotiations between you and MTC with respect to the subject matter hereof. We may change the Terms or the Privacy Policy, from time to time. These Terms can only be modified upon MTC's written agreement.