These Terms of Service (these “Terms” or “TOS”) are an agreement between Silence Catwood, Inc. DBA GoodMatch ("GoodMatch," "we," "us," and “our”) and you (“you” or “your”). "You" and “your,” as used in these Terms, means any individual person using the Services, the Site, or the App and agreeing to these Terms on his or her own behalf; or, if use of the Services, Site, or App, and corresponding agreement to these Terms, is on behalf of an organization or entity, "you" and “your” additionally refers to such organization or entity, in which case the person agreeing to these Terms represents and warrants that he or she has the authority to do so on such entity’s behalf. Access to and use of our Services, Site, and App constitutes your agreement to be bound by these Terms, and these Terms set forth the legally binding terms of your access to and use of the Site, App, and Services, and any information, data, text, graphics, photos, profiles, or other material uploaded, downloaded, or appearing on or as part of the Site, the App, or the Services (“Content”). By visiting, using or accessing the Site, the App, and/or the Services, you agree to comply with and be bound by the Terms. If you do not agree to be bound by all of these Terms, do not access or use, or continue to access or use, the Site, the App, or the Services.

1. UPDATE TO TERMS.

We reserve the right to update or modify the Terms or the GoodMatch Privacy Policy at any time for any reason. We will notify you of any such changes via e-mail or by posting notice to the Site and/or App. Your access to and/or use of the Site or the App, or use of the Services, following any update or modification of the Terms constitutes your agreement to follow and be bound by such updated or modified Terms. Changes to the Terms shall be effective immediately and the most current version of the Terms will govern our relationship with you.

If you are a GoodMatch member and/or have registered for a GoodMatch account, you are responsible for providing us with a current, active email address and we will notify you of updates or modifications to the Terms by sending a notification to such email address. In the event that the last email address you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. If you object to any changes to the Terms, your sole and exclusive remedy shall be to terminate your GoodMatch membership or account.

2. THE SERVICES.

GoodMatch provides the GoodMatch website, located at the domain www.goodmatch.org (the “Site”) and the associated GoodMatch mobile application (the “App”). GoodMatch offers and provides certain services through the Site and the App, including, but not limited to, the GoodMatch online volunteer matching service, the GoodMatch online donor matching service, various related syndication services, and other information and services related thereto (collectively, the "Services") to our users, whether they be nonprofit organizations, volunteers, readers of our articles, information, and blogs, registered GoodMatch members, or other visitors and users of the Site or the App. You may use the Services only if you can form a binding contract with GoodMatch and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services may differ depending on your current membership or account level with GoodMatch. Additionally, the Services may differ depending on your role as a volunteer, donor, or organization.

Joining GoodMatch as a member or creating a GoodMatch account may be necessary depending on the Services you desire to receive. You may become a member or create an account by following the instructions on the Site or in the App. By joining GoodMatch as a member and/or creating a GoodMatch account you represent that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any applicable law or regulation. Your GoodMatch account or profile may be deleted or suspended without warning if we have reason to believe that you do not meet eligibility requirements or have otherwise violated these Terms.

You may be asked to include an email address and to create a password when becoming a GoodMatch member or creating an account. By entering such email address, you represent that such email address belongs to you and that you have the authority to communicate with GoodMatch and other GoodMatch users and members through such email address. You are solely responsible for maintaining the confidentiality of your password and all use of your email address, password, and GoodMatch account or profile. You agree to notify us immediately if you suspect any unauthorized use of your GoodMatch account or profile, or any unauthorized access to account or password.

We reserve the right, in our sole discretion and without prior notice or liability to you, to: (a) modify or stop providing the Services or any part of the Services to you or to users generally; (b) remove or refuse to distribute any Content on or through the Site, the App, or otherwise; (c) suspend or terminate users and/or accounts; (d) reclaim usernames; and (e) deny access to you or any other person to the Site, the App, or any events or projects created or hosted by GoodMatch.

The Site and the App may contain links to third party websites or content. Such links are provided for your convenience only and you access them at your own risk. We have no responsibility or liability for such links, or the content or websites accessed via such links. Your use of such websites is subject to the terms of use applicable to each website. You agree that we are not liable for any loss or claim that you may have against the website operator or owner and release us from any claims or liability related to your agreement with them or use of their website.

You shall not use the Site, App, or Services to: (a) violate any local, state, national or international law or regulation; (b) violate any third-party right, including any intellectual property or privacy right; (c) stalk, harass, threaten, or harm another individual; (d) collect or store personal data about other users without their express consent; (e) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity (including a non-profit organization or GoodMatch); or (f) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, through the use of automated software or otherwise. You must not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Content, Site, App, or Services, use of the Content, Site, App, or Services, or access to the Content, Site, App, or Services. You may not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site, App, or Services or access the Site, App, or Services in order to build a similar or competitive service. You may not introduce software or automated agents to the Site, App, or Services so as to produce multiple accounts, generate automated searches, requests, and/or queries, or to strip, scrape, or mine data from the Site, App, or Services. Without our prior written consent, you may not (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via email (spam); (b) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts or other automatic device) to access the Services or monitor or copy our web pages or the content contained thereon; or (c) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.

3. MODIFICATION TO SERVICES.

We reserve the right to modify or discontinue the Site, the App, or the Services with or without notice to you. We shall not be liable to you or any third party should we exercise our right to modify or discontinue the Site, the App, or the Services. If you object to any such changes, your sole recourse shall be to cease using the Site, the App, and/or the Services. Continued use of the Site, the App, and/or the Services following any such changes shall indicate your acknowledgement of such changes and satisfaction with the Site, the App, and/or the Services as so modified.

4. FEES AND CHARGES.

You acknowledge that we reserve the right to charge fees for the Services, the Site, or the App, and any postings or listings you make thereon, from time to time in our discretion, upon notice to you either posted on the Site and the App or delivered via email to your then current email address associated with your GoodMatch account or membership profile. You acknowledge that we reserve the right to charge a transaction fee, to be determined in our sole discretion, for any donations made through GoodMatch. We reserve the right to change any fees that we charge, or to institute new or additional fees, at any time at our discretion.

We currently have an optional 3.2% service fee on all donations, to lessen the fee burden of our nonprofit partners made through GoodMatch, we reserve the right to update the service fee. Payments are processed by the “Stripe Verified” third-party service “Dessert Pay, Inc.”. Dessert Pay’s terms of service, privacy policy, or other terms govern your relationship with them and their use of your personal information. You can find such terms on the “Dessert Pay, Inc. ” website, https://www.dessert-pay.com/. You agree that we are not liable for any loss or claim that you may have against “Dessert Pay, Inc.”, and release us from any claims or liability related to your agreement with them or use of their services. We have the right to terminate our relationship with “Dessert Pay, Inc.” at any time and put in place other payment processing services.

5. PRIVACY

The collection, use, and disclosure of your personal information is described in our Privacy Policy available at https://www.goodmatch.org/privacy-policy.

6. THIRD PARTY CONTENT AND MONITORING

Our Site and App may include content supplied by users of the Services and by other third parties ("Third-Party Content"). Accordingly, we have no editorial control over such Third-Party Content. Any services, offers, or other information expressed or made available by third parties as part of the Third-Party Content, including information provided by other users of the Services, are those of the respective author(s) or distributor(s) of that information and not of us. We neither endorse nor are responsible for the accuracy or reliability of any Third-Party Content, or opinion, advice, information, or statement made on the Site, the App, or otherwise in connection with the Services by anyone. We have the right, but not the obligation, to monitor and review the Third-Party Content on the Site, the App, or as used or provided in connection with the Services and your account or membership profile to determine compliance with these Terms and any other operating rules established by us, to satisfy any law, regulation or authorized government request, or for other purposes. You understand and acknowledge that we do not monitor Third-Party Content for accuracy or reliability.

7. YOUR CONTENT; INTELLECTUAL PROPERTY; LICENSE.

You are solely responsible for any information, comments, feedback, data, materials, photos or other content of any type or description that you provide or make available to us through or to the Site, the App, or in connection with the Services, including any data entry forms found through the Site or App ("Your Content"), and we act as a passive conduit for the distribution and publication of Your Content. However, we reserve the right to remove Your Content if we believe Your Content violates these Terms or may otherwise create liability for us. You represent and warrant that Your Content (a) does not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) does not violate any law, statute, ordinance or regulation; (c) is not defamatory or libelous; (d) is not pornographic or obscene; (e) does not violate any laws regarding unfair competition, anti-discrimination or false advertising; and (f) does not contain viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines. You hereby grant to us a worldwide, perpetual, irrevocable and royalty-free license, sublicensable through multiple tiers of sublicensees, to use, reproduce, modify, distribute, display, perform, and create derivative works from Your Content in any media or through any means now known or not currently known for the purposes of providing and maintaining the Site, the App, and the Services. You acknowledge that some of Your Content may be publicly available for other users of the Site, the App, or the Services to view. You acknowledge and agree that you are solely responsible for Your Content.

Without limiting the foregoing, if you believe that your work has been copied and posted on the Site, App, or Services in a way that constitutes copyright infringement, please provide us with the following information as set forth in The Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3):

A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Your contact information, including your address, telephone number, and an email address;
A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our DMCA designated copyright agent for notice of alleged copyright infringement is:

GoodMatch Inc

101 Colorado St, #1606

Austin, TX 78701

hello@goodmatch.org

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorneys' fees incurred by us in connection with the written notification and allegation of copyright infringement.

The Site, the App, the Services, and the Content are subject to trademark, copyright, and other intellectual property rights or licenses held by GoodMatch. No right, title, or interest in any content or materials is transferred to you as a result of your use of the Site, the App, the Services, or the Content.

8. RESPONSIBILITY FOR DEALINGS WITH THIRD PARTIES.

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

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

You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (a) any interactions with other GoodMatch users (including volunteer opportunities), or (b) your participation in any volunteer activities or activities arising from or related to your use of the Services.

If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

9. TERMINATION.

You agree that we, in our sole discretion, may terminate your GoodMatch membership, account, or other use of the Site, the App, or the Services without prior notice, and remove and discard Your Content from the Site or the App for any reason and without prior notice, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES. You may discontinue your participation in and access to the Services at any time by following the instructions on the Site or the App, or by emailing hello@goodmatch.org.

10. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SITE, THE APP, AND THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES, APP, AND SITE ARE ALL PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GOODMATCH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. GOODMATCH MAKES NO WARRANTY THAT THE SERVICES, APP, OR SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES, APP, OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES GOODMATCH MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, APP, OR SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, APP, OR SITE, OR THAT DEFECTS IN THE SERVICES, APP, OR SITE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, APP, OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. GOODMATCH MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES (INCLUDING VOLUNTEER OPPORTUNITIES) THROUGH THE SERVICES, APP, OR SITE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORT AND RESULTS TO BE OBTAINED THROUGH THE USE OF THE SITE, APP, OR THE SERVICES IS WITH YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOODMATCH OR THROUGH THE SERVICES, THE SITE, OR THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

11. LIMITATION OF LIABILITY; RELEASE

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL GOODMATCH OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, APP, OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE, OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE APP, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE OR THE APP. THE AGGREGATE LIABILITY OF GOODMATCH TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE, THE APP, OR THE SERVICES OR THESE TERMS IS LIMITED TO ONE-HUNDRED DOLLARS ($100).

12. EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

13. INDEMNIFICATION

You agree to indemnify, defend and hold harmless GoodMatch, its parents, subsidiaries, affiliates, officers, directors, co-branders and other partners (including third-party partners to whom GoodMatch may provide Your Content ("Third Parties")), employees, consultants and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that GoodMatch or Third Parties may incur as a result of or arising from (1) Your Content and any information you (or anyone accessing the Services, the Site, or the App using your password) submit, post or transmit through the Services, the Site, or the App, (2) your (or access to the Services, the Site, or the App as you) violation of these Terms or applicable law or regulation, (3) your (or anyone using your account's) violation of any rights of any other person or entity (including, but not limited to, third party privacy rights), or (4) any information or content we collect from third parties through the Site, the App, or the Services at your request, or (5) any viruses, trojan horses, worms, time bombs, cancelbots, spyware or other similar harmful or deleterious programming routines input by you into the Site, the App, or the Services.

14. TRADEMARKS

Certain of the names, logos, and other materials displayed on the Site, the App, or otherwise in connection with the Services constitute trademarks, trade names, service marks or logos ("Marks") of us or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities, whether or not such Marks are registered.

15. COPYRIGHTS; RESTRICTIONS ON USE.

The content made available to you through the Site, the App, or the Services, other than Your Content or Third-Party Content, including without limitation, text, databases, software, code, music, sound, photos, and graphics ("Our Content"), is (1) copyrighted by GoodMatch and/or its licensors under United States and international copyright laws, (2) subject to other intellectual property and proprietary rights and laws, and (3) owned by GoodMatch or its licensors. Our Content, and Content (except Your Content), may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, publicly performed, publicly displayed, or redistributed in any way without our prior written permission or the prior written permission of our applicable licensors or other owners of such content. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Content.

16. GENERAL TERMS.

The Terms constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of the Site, the App, and the Services, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof. The Terms and the relationship between you and GoodMatch shall be governed by the laws of the State of Delaware, without giving effect to any choice of laws or principles that would require the application of the laws of a different country or state. Any legal action, suit or proceeding arising out of or relating to the Terms, or your use of, the Site, the App, or the Services must be instituted exclusively in the federal or state courts located in Delaware and in no other jurisdiction. You further consent to personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, the App, or the Services, or the Terms, must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect. This Agreement cannot be transferred or assigned by you without our prior written consent. The terms of this Agreement can only be modified as set forth herein or upon written agreement signed by an authorized representative for GoodMatch. The terms of Sections 3 through 16 as well as any other limitations on liability explicitly set forth herein shall survive the expiration or earlier termination of the Terms for any reason. Our (and our licensors') proprietary rights (including any and all Intellectual Property Rights) in and to Our Content and the Services shall survive the expiration or earlier termination of the Terms for any reason. Please report any violations of the Terms to hello@goodmatch.org.

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