Terms of Use

(If you are a User having your usual residence in the US)

Last updated: December 2020.

Welcome to Move the Chain (the “Platform”). The Platform is provided and controlled by Move the Chain, Inc. and its affiliated entities (collectively, "Move the Chain ", " us" or " we").

The Terms of Use govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, products and content (collectively, the “Services”). If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms of Use with you. For purposes of the Terms of Use, “you” and “your” means you as the User of the Services.

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.

1. Terms Acceptance

Your access and continued use of our Services after the date of any such changes constitutes your acceptance of the new Terms of Use. By using our Services, you are also subject to our Privacy Policy, the terms of which can be found directly on the Platform. By using the Services, you consent to the terms of the Privacy Policy.

To the extent allowed by law, the English version of these Terms of Use is binding, and other translations are for convenience only. If you do not wish to accept the new Terms of Use, you may discontinue your use of our Services.

2. Changes to the Terms of Use

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Use at any time. When we do this, we will post the revised Terms of Use on our Platform and will indicate the date of such revision.

3. Our Services

We provide a Platform for Users – individuals, entities, nonprofit organizations, etc. – to create “challenges” or calls to action to bring attention to social campaigns, programs, and fund-raising efforts (“Causes”). Through Move the Chain, Users may pledge and make payment on donations to nonprofit organizations.

All Causes must be created on behalf of nonprofit organizations, established as such under the applicable jurisdictional laws (hereinafter: Beneficiaries). All United States Beneficiaries must be either a 501(c)(3), (C)(4), or other nonprofit organization with the purpose of accepting funds for charitable purposes.

Move the Chain does not act as and is not a Broker, Financial Institution, Creditor or nonprofit organization. We provide the technology for the creation of Causes and awareness between Users and their selected Causes. We may accept a Platform fee for the services rendered associated with the Causes. 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.

Nonprofit Organizations

We partner with PayPal Giving Fund (“PPGF”) to recommend nonprofit organizations to support. We access a database maintained by PPGF of nonprofit organizations participating in PPGF’s programs.

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.

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 their Donation Delivery Policy. We are not responsible to validate the legitimacy and/or status of the nonprofit organizations included in the database.

As a donor, you should get a tax receipt from PPGF for each tax-deductible donation you make. PPGF sends tax receipts to donors by email.

Donation Processing

We partner with PPGF to ensure your charitable donations benefit the nonprofit organizations of your choice. PPGF receives donations from Users as charity of record on our Platform and provides you with the donation receipt. PPGF then grants the funds to the nonprofit you recommended on our Platform, 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. The charity you recommend will typically receive the funds within 15-45 days of your original donation, or within 90 days if the charity has not enrolled with PPGF.

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.

Refunds and Chargebacks

All refunds for Causes are handled by us. We are responsible for handling or communicating the refund policy 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 60 days after the donation date, subject to PayPal Giving Fund’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 60 days will not be refunded.

You should contact Move the Chain concerning a refund, by emailing us at [email protected]

4. Your Account and Responsibilities

While accessing our Services and Platform, you are responsible for the following:

  • Users: Warrant that you are 13 years of age or older and, if not of the age of majority in the applicable jurisdiction, you have approval for use of the services from your parents or guardians. You are responsible for maintaining the confidentiality of your password and account, if any, and you are fully responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of a password or account or any other breach of security. You agree to log off of accounts at the end of each session when accessing the Services.
  • Challenge Creators: As a User, you have the ability to create “challenges” or calls to action to bring attention to Causes. Challenges can take multiple forms, such as marathons, walks, rides, and other similar activities (collectively, “Challenges”), which would be determined by you, the creators of these Challenges (“Challenge Creators”). Challenge Creators shall be solely responsible for such Challenges, including but not limited to any participation requirements, obtaining any and all necessary permits and waivers, and ensuring such Challenge complies with applicable law. You represent, warrant, and covenant that (i) all information you provide in connection with a challenge is accurate, complete, and not likely to deceive reasonable Users; (ii) all funds contributed to your Cause will be used solely as described in the Platform; (iii) if you add a Beneficiary through the Services, you relinquish control of the donations, including the ability to issue refunds; (iv) you will not infringe on the rights of others; (v) you will comply with all relevant and applicable laws and financial reporting obligations, including but not limited to laws and regulations relating to registration, tax reporting, political contributions, and asset disclosures for your Cause; and (vii) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorize Move the Chain, and Move the Chain reserves the right, to provide information relating to your Cause to Users, Beneficiaries of your Cause or law enforcement, and to assist in any investigation thereof.
  • Beneficiary agents: Some Users can register as acting agents on behalf of the Beneficiary nonprofit organizations. Move the Chain partners with PPGF to access a database of eligible charities with the purpose of accepting funds for charitable purposes. As beneficiary agents to a nonprofit organization, we allow you to claim ownership of a nonprofit organization. For the purposes of creating challenges to raise funds, you, as a beneficiary agent, represent and warrant that you are a representative of the Beneficiary and you have authorization to raise funds and/or bind the Beneficiary to these Terms of Use. You represent and warrant that you are raising funds for a legal and legitimate charity and that said charity will maintain its tax-exempt status under the applicable law. You represent and warrant that all funds collected will be used solely for the purposes described by you on our Platform as they relate to the Cause.

Users acknowledge that they are required to provide and maintain complete, true, and accurate information about themselves and their Causes on the Platform. You acknowledge and agree that all information shall be current and otherwise up to date.

Move the Chain reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.

5. Your Access and Responsibilities

To access or use some of our Services and Platform, without limiting the foregoing, you agree:

  • Not to use the Services and/or Platform with the implicit or explicit purpose of or involving:
  • The violation of any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound, including those of payment card providers and transaction processors that you utilize in connection with the Services.
  • User Content or campaigns that are fraudulent, misleading, inaccurate, dishonest, or impossible.
  • Drugs, narcotics, steroids, controlled substances, pharmaceuticals or similar products or therapies that are either illegal, prohibited, or enjoined by an applicable regulatory body; legal substances that provide the same effect as an illegal drug; or other products, medical practices, or any related equipment or paraphernalia that have been found by an applicable regulatory body to cause consumer harm.
  • Knives, explosives, ammunition, firearms, or other weaponry or accessories.
  • Annuities, investments, loans, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., Investment opportunities or other services that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies.
  • Gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to raffles, casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery), promotions involving monetary rewards, including gift cards, or sweepstakes.
  • User Content or reflecting behavior that we deem, in our sole discretion, to be an abuse of power or in support of hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, serious disabilities or diseases.
  • For the legal defense of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, serious disabilities or diseases, financial crimes or crimes of deception.
  • Activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority.
  • Funding a ransom, human trafficking or exploitation, vigilantism, bribes or bounty.
  • Pornography or other sexual content.
  • Offensive, graphic, perverse or sensitive content.
  • Credit repair or debt settlement services.
  • The receipt or grant of cash advances or lines of credit to yourself or to another person for purposes other than those purposes clearly stated in the Campaign.
  • Publication or removal of User Content (such as mug shots), where the primary purpose of posting such User Content is to cause or raise concerns of reputational harm.
  • Aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds.
  • Counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder.
  • Products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party.
  • Unauthorized sale or resale of brand name or designer products or services.
  • Collecting or providing funds for any purpose other than as described in a Campaign description.
  • Any other activity that Move the Chain may deem in its sole discretion to be in support of individuals and/or entities associated with alleged financial crimes including but not limited to corruption, bribery, tax evasion, fraud, and activities of a similar nature; or
  • Any other activity that Move the Chain may deem in its sole discretion to be unacceptable.
  • Not to use the Services to transmit or otherwise upload any User Content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; or (vi) in the sole judgment of Move the Chain, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Move the Chain or its Users to any harm or liability of any type.
  • Not to interfere with or disrupt servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.
  • Not to harvest, collect or publish personally identifiable information of others.
  • Not to raise funds for a minor without the express permission of the minor’s guardian unless the funds are transferred into a trust account for the sole benefit of the minor.
  • Not to use the Services on behalf of a third party or post any personal data or other information about a third party, without the express consent of that third party.
  • Not to use another User's account or URL without permission, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, misrepresent a Charity or Campaign through the Services, or post User Content in any inappropriate category or areas on the Services.
  • Not create any liability for Move the Chain or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers.
  • Not to engage in any conduct that, in Move the Chain’s sole judgment and discretion, restricts or inhibits any other user from using or enjoying the Services.
  • Not to interfere with or disrupt any servers or networks used to provide the Services or their respective features or disobey any requirements of the networks Move the Chain uses to provide the Services.
  • Not to gain unauthorized access to the Services, or any account, computer system, or network connected to these Services, by any unauthorized or illegal means.
  • Not to obtain or attempt to obtain any materials or information not intentionally made available through the Services.
  • Not to use the Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising, except that using the Services for fundraising activities in accordance with these Terms is expressly permitted.
  • Not to engage in advertising or commercial solicitation of any product or service without Move the Chain’s written consent, except that using the Services for fundraising activities in accordance with these Terms is expressly permitted.
  • Transmit more request messages through the Services in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser.
  • Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services; or attempt to undertake indirectly any of the foregoing.

Additionally, with respect to all donations you make or accept through the Services, you agree:

  • Not to make or accept any donations that you know or suspect to be erroneous, suspicious or fraudulent.
  • Not to use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC).
  • To maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including without limitation by adhering to any security procedures and controls required by Move the Chain from time to time.
  • To maintain a copy of all electronic and other records related to Causes and donations as necessary for Move the Chain to verify compliance with these Terms of Use and make such records available to Move the Chain upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and
  • At Move the Chain’s request, including without limitation in case of investigations by Move the Chain, a payment processing partner, or a regulatory or governmental authority, to fully cooperate in the auditing of such records, investigation of the relevant circumstances and remedy of any uncovered violation or wrongdoing.
  • Not to use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC).
  • To maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including without limitation by adhering to any security procedures and controls required by Move the Chain from time to time.
  • To maintain a copy of all electronic and other records related to Causes and donations as necessary for Move the Chain to verify compliance with these Terms of Use and make such records available to Move the Chain upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and
  • At Move the Chain’s request, including without limitation in case of investigations by Move the Chain, a payment processing partner, or a regulatory or governmental authority, to fully cooperate in the auditing of such records, investigation of the relevant circumstances and remedy of any uncovered violation or wrongdoing.

Move the Chain reserves the right to refuse, condition, or suspend any Challenges and/or Causes that we believe in our sole discretion may violate the Terms of Use or harm the interests of our Users, business partners, the public, or Move the Chain, or that expose you, Move the Chain, or others to risks unacceptable to us. We may share any information related to your use of the Services with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your account, your Donors, your Donations, and transactions made through or in connection with your use of the Services.

Prohibited Activities

You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a User of the Platform, you agree not to:

  • Systematically retrieve data or content from the Platform to create a collection or database without written permission from us.
  • Trick, defraud, or mislead other Users, especially in any attempt to learn sensitive account information such as passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Platform. This includes features that prevent/restrict the use of any content limits Platform usage.
  • Disparage, tarnish, or otherwise harm, in our opinion, the Platform and/or Move the Chain.
  • Harass, abuse, or harm another person using any information obtained from the Platform.
  • Use the support services improperly, or submit false reports of abuse or misconduct.
  • Use the Platform inconsistently with any applicable laws or regulations.
  • Advertise or offer to sell goods and services on the Platform.
  • Frame or link to the Platform without authorization.
  • Attempt to upload or transmit viruses, Trojan horses, or other materials (including excessive use of capital letters and spamming) that interferes with any party's uninterrupted use of the Platform and its features.
  • Use scripts, data-mining, robots, or similar data gathering tools to send comments or messages.
  • Delete the copyright or other proprietary rights notice from any content.
  • Impersonate another User or person or use the username of another User.
  • Sell or otherwise transfer your profile on the Platform.
  • Upload any materials that actively or passively collect information or acts as a transmission mechanism (includes gifs, 1x1 pixels, web bugs, cookies, spyware, pcms, etc.)
  • Interfere, disrupt, or create an undue burden on the Platform, its networks, or related Services.
  • Harass, annoy, intimidate, or threaten any of our employees or agents.
  • Bypass measures of the Platform designed to prevent/restrict access.
  • Copy/adapt the Platform’s software (includes Flash, PHP, HTML, JavaScript, or other code).
  • Decipher, decompile, disassemble, or reverse engineer any of the software that makes up the Platform.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.
  • Use any automated system (spiders, robots, cheat utility, scraper, offline reader) to access the Platform, or launch any unauthorized script or software (Unless as a result of a standard search engine or internet browser usage).
  • Use the Platform in an unauthorized way (collecting usernames, email addresses, of Users for the purpose of sending unsolicited email, or creating User accounts by automated means or under false pretenses).
  • Use the Platform in an effort to compete with us, or otherwise use the Platform and/or the Content for any revenue-generating endeavor or commercial enterprise.

Representation

By using the Platform, you represent and warrant that: (i) you have the legal capacity and you agree to comply with these Terms of Use; (ii) you will not access the Platform through automated or non-human means, whether through a bot, script, or otherwise; (iii) you will not use the Platform for any illegal or unauthorized purpose; and (iv) your use of the Platform will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).

6. Platform Content

Move the Chain Content

Unless otherwise indicated, the Platform is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Platform (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Platform “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Platform and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Platform, you are granted a limited license to access and use the Platform and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Platform, the Content and the Marks.

User-generated content

The Platform may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Platform, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other Users of the Platform and through third-party websites and mobile applications. As such, any Contributions you transmit may be treated in accordance with our Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Platform, and other Users of the Platform to use your Contributions in any manner contemplated by the Platform and these Terms of Use.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Platform and these Terms of Use.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Platform in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Platform.

Guidelines for including music in videos: Under these Terms, you can only post Contributions to the Platform if it doesn’t violate someone else’s intellectual property rights. Move the Chain has added a Music Library which includes a list of royalty-free music that can be accessed for use on the Platform: [https://freemusicarchive.org/]. If you choose to use sounds beyond what is available in the Music Library for your Contribution, you are responsible for obtaining the appropriate license. The best way to help make sure that what you post to the Platform doesn’t violate copyright law is to only post Contributions that you’ve created yourself.

Contribution License: You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings). By submitting suggestions or other feedback regarding the Platform, you agree that we can use and share such feedback for any purpose without compensation to you. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Platform. You are solely responsible for your Contributions to the Platform and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

Other Submissions:You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Platform ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Data Retention

We will maintain certain data that you transmit to the Platform for the purpose of managing the performance of the Platform, as well as data relating to your use of the Platform. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Platform. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

You acknowledge that Move the Chain has no obligation to you to retain data relating to any account or Cause. You acknowledge that we reserve the right to delete data or to terminate accounts or Causes at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. The foregoing does not apply to Causes or nonprofit accounts, in which case Move the Chain will provide reasonable notice where possible.

Corrections

There may be information on the Platform that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.

7. Monitoring

We reserve the right, but not the obligation, to: (1) monitor the Platform for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such User to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.

8. Electronic Communications, Transactions and Signatures

Visiting the Platform, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

9. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform. We also reserve the right to modify or discontinue all or part of the Platform without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platform.

We cannot guarantee the Platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.

10. Governing Law

These Terms shall be governed by and defined following the laws of the State of Connecticut, USA. Move the Chain and yourself irrevocably consent that the courts of Fairfield County, Connecticut shall have exclusive jurisdiction to resolve any dispute that may arise in connection with these terms.

11. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (i) use of the Platform; (ii) breach of these Terms of Use; (iii) any breach of your representations and warranties set forth in these Terms of Use; (iv) your violation of the rights of a third party, including but not limited to intellectual property rights; or (v) any overt harmful act toward any other User of the Platform with whom you connected via the Platform. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

12. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR ONE HUNDRED U.S. DOLLARS ($100.00). CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." IF YOU ARE A RESIDENT OF ANOTHER JURISDICTION—IN OR OUTSIDE OF THE UNITED STATES—YOU WAIVE ANY COMPARABLE STATUTE OR DOCTRINE.

13. Dispute Resolution

Binding Arbitration and Class Action Waiver

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF USE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING OUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Arbitration Process

Any arbitration between you and us will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms of Use. The AAA Rules and filing forms are available online at www.adr.org.

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Our current address for Notice is: Move the Chain, Inc., 138 W Hill Road, Stamford, CT, 06902. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to work with you and make a good faith effort to resolve the claim directly, but if we aren’t successful within 60 days after the Notice of Arbitration is received, you or we may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by either of us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount which exceeds the last written settlement amount offered by us in settlement of the dispute prior to the award, we will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.00.

Fees

If you commence arbitration in accordance with these Terms of Use, we will reimburse you for your payment of the filing fee unless your claim is for more than $10,000 in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at an agreed upon location in Stamford, Connecticut, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephone hearing or (c) by an in-person hearing as established by the AAA Rules in the county of your billing address. If the arbitration finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil procedure 11(b), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

14. Terms of Use and Termination

These Terms of Use shall remain in full force and effect while you use the Platform. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE PLATFORM OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

15. Disclaimer

We provide a Platform for Causes but advises that all information relating to Causes is for informational purposes only. The accuracy, completeness, reliability, etc. is not guaranteed by Move the Chain. You are advised to consult applicable legal, financial, tax or other professionals where applicable. Move the Chain does not provide and does not intend to provide any legal, financial, tax or other professional advice. By accepting these terms, you accept that all information, content, Cause content, etc., provided by the Platform are to be used at your sole risk.

We provide the technology for the creation of Cause campaigns and awareness and between Users and their selected Causes. We do not control the content or conduct of information provided by Users or Causes. We do not solicit donations. We do not endorse any Cause and disclaims liability for content and conduct of Users and Causes, express or implied, to the fullest extent of the law. We do not guarantee donation amounts and/or the success of a given Cause.

Donations are made at your own risk. Move the Chain is not responsible for conduct taken by Beneficiaries in regard to funds received from Causes. Move the Chain merely provides the technology for the creation of Causes and awareness between Users and their selected Causes. It is your responsibility to ascertain the Cause’s purpose and intended use of donations collected. Move the Chain does not guarantee that Beneficiaries will use funds for the specified reasons described by the Cause. That being said, Move the Chain does not allow or endorse any type of fraud and will investigate all allegations of fraud and report findings to the applicable law enforcement agency.

Donations are made to Causes with the understanding that funds will be used at the discretion of the Beneficiary. Cause descriptions are intended to be non-binding recommendations as to the use of the funds by the Beneficiary.

Move the Chain does not represent that any or all donations or fees are tax exempt, deductible or otherwise entitled to any credit. Move the Chain has no liability for any claims whatsoever regarding a tax return or liability on any donations made to or from a User or cause.

THE PLATFORM IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE PLATFORM AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Website Disclaimer: The information provided on our Platform is for general informational purposes only. All information on the Platform is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Platform. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE PLATFORM OR RELIANCE ON ANY INFORMATION PROVIDED ON THE PLATFORM. YOUR USE OF THE PLATFORM AND YOUR RELIANCE ON ANY INFORMATION ON THE PLATFORM IS SOLELY AT YOUR OWN RISK.

External Links Disclaimer: The Platform may contain (or you may be sent through the Platform) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE PLATFORM OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Testimonials Disclaimer: The Platform may contain testimonials by Users of our Platform and/or services. These testimonials reflect the real-life experiences and opinions of such Users. However, the experiences are personal to those particular Users, and may not necessarily be representative of all Users of our products and/or services. We do not claim, and you should not assume, that all Users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.

The testimonials on the Platform are submitted in various forms such as text and/or video, and may not be reviewed by us before being posted. They appear on the Platform verbatim as given by the Users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.

The views and opinions contained in the testimonials belong solely to the individual User and do not reflect our views and opinions. We are not affiliated with Users who provide testimonials, and Users are not paid or otherwise compensated for their testimonials.

16. Other Terms

These Terms of Use and any policies or operating rules posted by us on the Platform or in respect to the Platform constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Platform. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Supplemental terms of use or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Platform after the date such revised Terms of Use are posted.

The information provided on the Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

App Stores

To the extent permitted by applicable law, the following supplemental terms shall apply when accessing the Platform through specific devices:

Notice regarding Apple

By downloading the Platform from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that Apple does not have any responsibility or liability related to compliance or non-compliance by Move the Chain or you (or any other User) under these Terms of Use or the App Store Terms of Services.

Notice regarding Google Play

By downloading the Platform from Google Play operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that Google does not have any responsibility or liability related to compliance or non-compliance by Move the Chain or you (or any other User) under these Terms of Use or the Google Play Terms.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE PLATFORM AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Contact Us

Questions, comments and requests regarding this policy should be addressed to:

Mailing address: 6 Landmark Square, 4th Floor, Stamford, CT 06901

Contact us: [email protected]