PS GIVE INC.

Website Terms and Conditions of Use

1. User’s Acknowledgment and Acceptance of Terms

PS Give Inc. (referred to as “us” or “we”) provides the PSgive.org website and various related services (together referred to as this “Website”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us and you. In addition, when using particular services on this Website, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE WEBSITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE, IS TO STOP USING THE WEBSITE AND/OR THOSE PARTICULAR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS WEBSITE.

We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Website and these Terms of Use periodically and to be aware of any modifications. Your continued use of this Website after such modifications will constitute your acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

As used in these Terms of Use, references to our “Affiliates” include our owners, officers, directors, suppliers, charities, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Website and/or its contents.

2. Description of Services

We make various events available on this Website. Fees to take part in the events are set out in the membership and service fees described elsewhere on this Website. You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and your own Internet access (including payment of telephone or other service fees associated with such access).

We reserve the right in our sole discretion to either modify or discontinue the Website, including any features therein, at any time, with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure or the addition of fee-based services. Any new features that augment or enhance the then-current services on this Website shall also be subject to these Terms of Use.

You understand and agree that temporary interruptions of the events available on this Website may occur under normal circumstances. You further understand and agree that we have no control over third-party networks you may access in the course of the use of this Website, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the events on this Website are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communications or personalization settings.

3. Eligibility

Accounts on the Website are limited to ONE PER PERSON. To be eligible to register and open an account and/or participate in any event offered on the Website, you must: (a) be a natural person at least 18 years of age or older, who is assigned to the e-mail address submitted on your account registration form; (b) be a legal resident of the United States with a U.S. address and currently residing at the address in an eligible location; (c) be physically located within the U.S.; (d) be physically located in a U.S. state in which participation in the event you select on the Website is unrestricted by law; and (e) at all times abide by the Terms of Use. By using or accessing the Website, you represent and warrant that you have the right, authority, and capacity to enter into this agreement to abide by the Terms of Use. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account and/or participate in any event offered on the Website while located in a prohibited jurisdiction, you may be in violation of the law of such jurisdiction and will be in violation of the Terms of Use and subject to having your account suspended or terminated. In addition, and without limiting any rights or remedies available to the Website, in the event of any violation of the Terms of Use, all unused tokens will be forfeited, and all sale item offers(if any) may be voided, and in the event such sale items have already been purchased by you, recouped by the us, at our sole and absolute discretion.

In addition, you are subject to all laws of the city, state, federal, province and/or country in which you reside and from which you access the Website and are solely responsible for obeying those laws. Access to the Website may not be legal for some or all residents of, or persons present in, certain jurisdictions. You agree that we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, express or implied, as to the lawfulness of your accessing the Website or participating in any events, products or services offered by or through the Website, nor shall any person affiliated, or claiming affiliation, with us have authority to make any such representations or warranties.

WE MAY REQUIRE ANY PARTICIPANT WHO WINS AN EVENT ON THE WEBSITE TO PROVIDE US WITH PROOF THAT HE OR SHE IS, OR WAS AT THE TIME THE SUBJECT EVENT TOOK PLACE, ELIGIBLE TO PARTICIPATE ACCORDING TO THE TERMS OF USE.

YOU AGREE THAT WE MAY AT ANY TIME, AND IN OUR SOLE DISCRETION, TERMINATE YOUR MEMBERSHIP WITHOUT PRIOR NOTICE TO YOU FOR VIOLATING ANY OF THE PROVISIONS OF THE TERMS OF USE, OR FOR ANY OTHER REASON THAT WE, IN OUR SOLE DISCRETION, DEEM APPLICABLE.

4. Registration Data and Privacy

In order to access this Website, you will be required to have a separate account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”). By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep the information current, complete, and accurate. Knowingly submitting incomplete or inaccurate Registration Data or other information, or failing to update and maintain current, complete and accurate Registration Data or information, may result, without limitation, in immediate termination of your account without refund and forfeiture of any unused tokens, and right to any unpurchased and/or purchased sale items.

You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of this Website, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

5. Payment of Fees

If you use this Website and your use requires payment of a fee, you agree to pay all fees associated with your use. For all charges on this Website, we will charge your account via the payment method chosen by you. Recurring charges are billed in advance. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within seven days of the change.

If, for any reason, your credit card company refuses to pay the amount billed for the use of the Website, you agree that we may, at our option, suspend or terminate your membership to the Website and require you to pay the overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated accounts. You agree that until your membership to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the Website.

In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including collection and/or attorney fees and other legal expenses.

You agree that we are not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party in connection with the Website.

ANY ATTEMPT TO DEFRAUD THE WEBSITE THROUGH THE USE OF CREDIT CARDS OR OTHER METHODS OF PAYMENT OR THE USE OF MULTIPLE ACCOUNTS TO MANIPULATE THE OUTCOME OF EVENTS, REGARDLESS OF THE OUTCOME, OR ANY FAILURE BY YOU TO HONOR LEGITIMATE CHARGES OR REQUESTS FOR PAYMENT WILL RESULT IN IMMEDIATE TERMINATION OF YOUR ACCOUNT, FORFEITURE OF ANY SALE ITEMS AND/OR TOKENS TO WHICH YOU ARE OTHERWISE ENTITLED, AND ACTIVE PURSUIT OF CIVIL LITIGATION AND/OR CRIMINAL PROSECUTION. NO REFUNDS WILL BE PROVIDED IF AN ATTEMPT TO DEFRAUD THE WEBSITE IS LINKED TO YOUR ACCOUNT, IN THE SOLE DISCRETION OF THE WEBSITE.

6. Conduct on Website

Your use of the Website is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the Website. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Website, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content - including text, communications, software, images, sounds, data, or other information - that:

a. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;

b. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

c. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

d. Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

e. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

f. Impersonates any person or entity, including any of our employees, representatives, partners, or other affiliates.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third-party users of the Website. We generally do not prescreen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Website. However, we and our authorized agents have the right in our sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our Website, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Website infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Website may be available to you or other authorized users of the Website. You shall not interfere with anyone else’s use and enjoyment of the Website. Users who violate systems or network security may incur criminal or civil liability.

In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other websites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

7. Third-Party Websites and Information

This Website may link you to other websites on the internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These websites may contain information or material that some people may find inappropriate or offensive. These other websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Website or party by us, or any warranty of any kind, either express or implied, unless otherwise noted on the Website.

8. Intellectual Property Information

For purposes of these Terms of Use, “content” is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Website. This includes, but is in no way limited to, message boards, chat, and other original content.

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this Website is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws, and is the sole property of PS Give Inc. and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Website in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Website. Any unauthorized use of the materials appearing on this Website may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

All custom graphics, icons, logos and service names are registered trademarks or trademarks or service marks of PS Give Inc. or its Affiliates. All other logos, trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of PS Give Inc. or its Affiliates.

9. Use of Your Materials

Subject to our Privacy Policy, any communication or material that you transmit to this Website or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us without us soliciting your feedback or clearing it with us first. Unsolicited ideas that are incorporated by the Website will be the sole and exclusive property of the Company. Furthermore, we are free to use any ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation or other liability or obligation whatsoever to you.

We respect the intellectual property of others, and we ask you to do the same. If you or any user of this Website believes its copyright, trademark, or other property rights have been infringed by a posting on this Website, you or the user should send notification to our designated agent immediately at info@psgive.org. To be effective, the notification must include:

a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b. Identification of the copyrighted work claimed to have been infringed;

c. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

d. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;

e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and

f. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

By registering for an account, you agree that we may display your username and event records. If you win an event on the Website, you agree to allow us to print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or biographical information for promotional, marketing or related purposes without additional compensation.

10. Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.

THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the Website, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to, the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS WEBSITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Before purchasing products and services on or through this Website, review our terms of sales which are incorporated by reference into these Terms of Use.

Content available through this Website often represents the opinions and judgments of an information provider, Website user, or other person or entity not connected with PS Give Inc. We do not endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by anyone other than an authorized PS Give Inc. spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this Website for further information, which policies are incorporated by reference into these Terms of Use.

In addition, the materials on this Website may include sample or form agreements, letters or other documents, including financially or legally significant documents such as contracts and other items (“Forms”). These Forms are provided solely as examples of typical documents of their kind, and the delivery and use of Forms does not constitute legal, accounting, or other professional advice. Under no circumstances will PS Give Inc. or its Affiliates be liable for any loss or damages caused by your reliance on information or advice obtained through this Website, including your use of any of the Forms. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, Forms, or other content available on or through this Website. In particular, you are urged to consult an appropriate professional licensed in your jurisdiction before using any Forms or otherwise relying on any legal, accounting, or other professional advice or information obtained on or through this Website.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Shipping and Delivery.

All goods are shipped F.O.B. Origin, and accordingly, the Website takes no responsibility for any damage incurred during shipping and thereafter. Costs of shipping are borne by you. In certain specifically disclosed events, the Website may choose to bear the cost of shipping within the continental U.S., although the Website is under no obligation to do so. All items purchased from us are made pursuant to a shipment contract, and therefore, the risk of loss and title for such items pass to you upon delivery of the item to the carrier. Unless otherwise stated, delivery will be made directly from our third party suppliers or from our warehouse to the shipping address provided by you. Deliveries are made solely within the 50 states of the United States (explicitly excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands). Some restrictions or higher shipping costs may apply if the delivery address is in Alaska or Hawaii. You acknowledge that delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed. We shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify you. Should we not be able to deliver the item ordered, we shall be entitled to substitute the item with a comparable replacement product with similar or better features, or provide a refund of the event end price to you based upon your preference.

12. Limitation of Liability

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Use and your use of this Website shall be limited to the amount you paid us for the services on the Website during the three-month period before the act giving rise to the liability.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS WEBSITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD-PARTY GOODS AND SERVICES OFFERED THROUGH THIS WEBSITE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Indemnification

You agree to defend, indemnify, and hold our Affiliates and us harmless from all liabilities, claims, and expenses, including attorneys’ fees, which arise from your use or misuse of this Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

14. Use of Event Participant Information

By registering for an account, you agree that we may display your username and event records. By accepting any sale item from us, you agree to allow us to print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or biographical information for promotional, marketing or related purposes without compensation.

15. Participation in Promotions

From time to time, this Website may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Website. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.

16. Use of Website

You acknowledge that we may establish general practices and limits concerning use of the services available on our Website, including without limitation the maximum number of days that uploaded content will be retained on the Website, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Website. You acknowledge that we reserve the right to log off and/or delete accounts which have not paid a membership fee that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

You may not use this Website to publish material that we determine, at our sole discretion, to be unlawful, indecent, or objectionable, or which violates the restrictions in these Terms of Use. We will not routinely monitor the contents of your online portfolio. You are solely responsible for any information contained in your online portfolios. However, if complaints are received regarding language, content, or graphics contained in your online portfolio, we may, at our sole discretion, remove the images hosted on our servers and terminate your Web hosting service. We may also suspend the account, restrict access to it, or remove content from it if necessary or appropriate.

The accounts of our users operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your account or limitation of your activities.

We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Website or your downloading of any materials, data, text, images, video or audio from the Webite.

In case of a malfunction or disruption of service for which the Website is responsible that prevents you from completing an event in which you have begun to participate, we will, upon receipt of a refund request and verification of the status of the alleged malfunction or disruption of services, replace any tokens used inthat unfinished event only. We reserve the right to determine, in our sole discretion, whether the Website is responsible for any such malfunction or disruption. We also reserve the right to limit your event access or terminate your account should we determine, in our sole discretion, that you have intentionally caused such a malfunction or disruption on the Website. We are not liable for any potential sale item from any unfinished event.

By registering for an account and/or participating in the events offered by or through the Website, you agree that we are not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Website or your account.

ANY ATTEMPT TO GAIN UNAUTHORIZED ACCESS TO THE WEBSITE’S SYSTEMS OR ANY ACCOUNT, INTERFERE WITH PROCEDURES OR PERFORMANCE OF THE WEBSITE, OR DELIBERATELY DAMAGE OR UNDERMINE THE WEBSITE IS SUBJECT TO CIVIL AND/OR CRIMINAL PROSECUTION AND WILL RESULT IN IMMEDIATE TERMINATION OF YOUR ACCOUNT AND FORFEITURE OF ANY TOKENS OR SALE ITEMS TO WHICH YOU ARE OTHERWISE ENTITLED.

ANY ATTEMPT TO PARTICIPATE IN ANY EVENTS OFFERED BY OR THROUGH THE WEBSITE BY MEANS OF AUTOMATIC, MACRO, PROGRAMMED, OR SIMILAR METHODS, OR TO OTHERWISE COMMIT FRAUD WITH REGARD TO THE WEBSITE, WILL RESULT IN THE IMMEDIATE DE-ACTIVIATION OF YOUR ACCOUNT(S) AS WELL AS THE ACTIVE PURSUIT OF CIVIL LITIGATION AND/OR CRIMINAL PROSECUTION, TERMINATION OF YOUR ACCOUNT, AND FORFEITURE OF ALL TOKENS AND/OR SALE ITEMS TO WHICH YOU MIGHT OTHERWISE BE ENTITLED.

17. Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.

18. Export Controls

Software available on or through this Website is subject to United States Export Controls. No software from this Website may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

19. International Use

Although this Website may be accessible worldwide, we make no representation that materials on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited.

20. Termination of Use

YOU AGREE THAT WE MAY, IN OUR SOLE DISCRETION, TERMINATE OR SUSPEND YOUR ACCESS TO ALL OR PART OF THE WEBSITE WITH OR WITHOUT NOTICE AND FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, BREACH OF THESE TERMS OF USE. ANY SUSPECTED FRAUDULENT, ABUSIVE, OR ILLEGAL ACTIVITY MAY BE GROUNDS FOR TERMINATING YOUR RELATIONSHIP AND MAY BE REFERRED TO APPROPRIATE LAW ENFORCEMENT AUTHORITIES.

UPON TERMINATION OR SUSPENSION, REGARDLESS OF THE REASONS THEREFORE, YOUR RIGHT TO USE THE SERVICES AVAILABLE ON THIS WEBSITE IMMEDIATELY CEASES, AND YOU ACKNOWLEDGE AND AGREE THAT WE MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR ACCOUNT AND ALL RELATED INFORMATION AND FILES IN YOUR ACCOUNT AND/OR BAR ANY FURTHER ACCESS TO SUCH FILES OR THIS WEBSITE. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS OR DAMAGES ARISING OUT OF ANY TERMINATION OR SUSPENSION OR ANY OTHER ACTIONS TAKEN BY US IN CONNECTION THEREWITH. YOUR LIABILITY FOR ANY UNPAID FEES SHALL SURVIVE ANY TERMINATION.

IF YOU CHOOSE TO CANCEL YOUR ACCOUNT WITH THE WEBSITE, ANY UNUSED TOKENS AND/OR SALE ITEMS WILL BE FORFEITED. IF YOUR ACCOUNT WITH THE WEBSITE REMAINS INACTIVE FOR THREE (3) MONTHS, THE COMPANY RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT AND ANY UNUSED TOKENS AND/OR SALE ITEMS WILL BE FORFEITED, IF SO DETERMINED BY THE COMPANY IN ITS SOLE DISCRETION.

21. Governing Law and Venue:

These Terms and Conditions shall be governed by and construed in accordance with the law of the Commonwealth of Pennsylvania, without regard to the conflict of laws thereof, and to the laws of the United States. Exclusive venue of any disputes arising from the use of this Website shall be in Philadelphia County, Pennsylvania for all state court matters, and the U.S. District Court for Eastern District of Pennsylvania for all federal court matters.

22. Notices

All notices shall be in writing and shall be made via e-mail. Notices to us must be sent to the attention of Customer Service at info@psgive.org. Notices to you will be sent to the e-mail address supplied for your account as part of your Registration Data. In addition, we may broadcast notices or messages through the Website to inform you of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to you.

Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication on the delivery date of the e-mail.

23. Entire Agreement

These Terms of Use constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s) by anyone other than the Company. Any attempt to alter, supplement, or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Website is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

24. Miscellaneous

Any cause of action brought by you against us or our Affiliates must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Use to any third party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms of Use.

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this Website.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products available through our Website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, the discontinuance of the product by the manufacturer, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

25. Contact Information

This Website is maintained by PS Give Inc., a Delaware corporation. If you would like to provide us with notice that any user is violating these Terms of Use, please contact us at info@psgive.org.

May 24, 2017 1:48:42 PM