EULA

END USER PLATFORM LICENSE AGREEMENT

Welcome and thank you for your interest in Pitch.Me. Pitch.Me, LLC (“Pitch.Me”) provides a platform for a unique and respectful way for suppliers and purchasers of goods and services, or mentors and those desiring advice and mentoring, (“Users,” as defined below) to connect with each other, all while directing a contribution to a charitable cause (“Platform”). Access to and use of Pitch.Me

Welcome and thank you for your interest in Pitch.Me. Pitch.Me, LLC (“Pitch.Me”) provides a platform for a unique and respectful way for suppliers and purchasers of goods and services, or mentors and those desiring advice and mentoring, (“Users,” as defined below) to connect with each other, all while directing a contribution to a charitable cause (“Platform”). Access to and use of Pitch.Me’s Platform is governed by and subject to the terms of this End User Platform License Agreement (“EUPLA” or “Agreement”) as set forth herein or as amended. These recitals, all other terms of this Agreement, as well as external links constitute material and substantive parts of this Agreement. Each User may use the Platform only after first reading this EUPLA and expressing acceptance remotely through the internet In the event of use on behalf of an employer or legal entity, the User must obtain the legal entity or employer’s prior authorization to use the Platform to bind such entity or employer to the terms of this EUPLA. This EUPLA may be amended in Pitch.Me’s sole discretion. Each User should review the EUPLA through the Pitch.Me Website (“Pitch.Me Website” or “Website”) regularly. The User’s subsequent use of the Platform will constitute the User’s acceptance of the changes. If a User is dissatisfied with any modification, the User’s recourse is to discontinue use of the Platform immediately. SINCE BY ACCESSING AND USING THE PLATFORM, YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT, PLEASE READ THESE TERMS CAREFULLY.

As used herein, the following terms shall have the following meanings: “Pitch.Me” shall mean Pitch. Me, LLC, a Michigan Limited Liability Company. “Client” shall mean a company or other business professional that agrees to provide a designated amount of time to a “Supplier,” as defined below, provided that the Supplier agrees to donate a designated amount to a charity selected by the Client. “Supplier” shall mean a company or business professional who agrees to donate a designated amount to a charity selected by a Client, provided that the Client agrees to be available to the Supplier for a designated period of time to discuss goods or services that Supplier could supply to Client. “User” or “Users” shall mean any person or entity who accesses or uses the Platform through http://pitchme/signup, including any Client or Supplier. “You” or “your” as used herein shall mean the User on whose behalf assent is indicated in Section XVIII, below.

License to Use Platform

Subject to the terms of the Agreement, Pitch.Me, LLC grants eligible Users a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license solely for the User’s use, access to and use of the Platform (excluding to any software source code). User will not copy, adapt, modify, prepare derivative works from, or sell, transfer or otherwise exploit, the Platform, except as expressly permitted in this Agreement. The Platform is provided “AS IS”. No intellectual property rights owned by Pitch.Me, LLC are granted to any User.\r\n\r\nPitch.Me reserves the right, in its sole, exclusive, and confidential discretion (a) to review, verify or validate, at any time, any User or potential User’s right to access or sue the Platform; and (b) immediately and without notice to deny or terminate any User or potential User’s access to or use of the Platform.

Eligibility

To be eligible to use the Platform in the United States, you represent that you are at least 14 years of age, or otherwise above the minimum age for use of the Platform in any other applicable jurisdiction. You agree that the information provided through the sign-up process is truthful, and that you have signed up with your real name. You also agree that you will comply with all applicable laws, including without limitation, laws relating to privacy, intellectual property, internet communications, taxes and other regulations.Pitch.Me reserves the right, in its sole, exclusive, and confidential discretion (a) to review, verify or validate, at any time, any User or potential User’s right to access or use the Platform; and (b) immediately and without notice to deny or terminate any User or potential User’s access to or use of the Platform.

Fees

The Client has the right to determine, in its sole discretion, (a) the amount of time to be made of available to the Supplier; (b) the amount of money that the Client must agree to donate in exchange for interaction with such Supplier (“Pitch Price”); and (c) the charity to which the Client will donate the full amount of the Pitch Price. In order to offset administrative costs such that the full amount of the Pitch Price will be donated to the designated charity, Client is also responsible for payment of (a) a Transaction Fee in the amount set forth on the Website at the time Client elects to interact with a Supplier on the Platform; and a Connection Cost, in the amount of a fixed percentage of the Pitch Price as set forth on the Website at the time the Client elects to interact with a Supplier on the Platform. Pitch.Me reserves the right to change this policy and fees at any time.

V. Account Security You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify Pitch.Me of any disclosure or unauthorized use of your username or password or any other breach of security, and ensure that you log out from your account at the end of each session.

VII. Links The Pitch.Me Website and the Platform may contain, or third parties may provide, advertisements and promotions offered by third parties and links to other websites or resources. You acknowledge and agree that Pitch.Me is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your communication or interaction with, or participation in promotions of, third parties found on or through the Pitch.Me Website or Platform, are solely between you and such third party, and Pitch.Me shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or related to the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.

VII. No Endorsement or Agency Pitch.Me is not a party to any agreement between Users or between any User and any third party, nor does Pitch.Me endorse any User of the Platform. No agency relationship, partnership, joint venture or an employee relationship shall be created between Pitch.Me and any User by virtue of this Agreement or any User”s access or use of the Pitch.Me Website or Platform.

VIII. No Guarantee you understand that by providing this Platform, Pitch.Me makes no guarantee, whether express or implied, that any Supplier will sell or provide or any Client will purchase any goods or services as a result of interaction through the Platform.

Interaction with Users

Each User is solely responsible for its interaction with any other User. You understand that Pitch.Me does not conduct criminal background checks or any other screenings of any User. Although Pitch.Me requires that the information provided by a User to the Platform be truthful, you understand that Pitch.Me does not attempt to verify this information or the identity of Users. Pitch.Me reserves the right, but is not obligated, to conduct criminal background checks or other screenings of you or any other User, and to monitor activity on or through the Platform and website, as permitted by law and including through the use of publicly-available sources and records.Without limiting the terms set forth in Section XI, below, in no event shall Pitch.Me be liable, directly or indirectly, for any loss, damage, cost or fee, including compensatory, consequential, exemplary, or statutory damages or costs, attorneys” fees or interest arising out of or relating to your conduct or the conduct of any other User of the Platform, including without limitation any damages or loss for breach of contract, bodily injury, (including death), emotional distress, interference with or appropriation of any business opportunity or expectancy, or lost profits.You agree that you are solely responsible for taking all reasonable and necessary precautions in your interactions with any other User or third party, including with respect to the disclosure of any information, or to the extent you agree to meet any User or any other person online or offline, or to the extent you decide to make any payment to any User or any other person, and that Pitch.Me has no responsibility or liability with respect to your interactions with any User or third party.

Intellectual Property Rights

The Platform and all content on the Pitch.Me Website, and all other information aside from User-submitted content, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (“Website Content”) are protected by copyright, trademark, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided herein, Pitch.Me exclusively owns all right, title, and interest in and to the Platform and Website Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of Pitch.Me are trademarks and/or registered trademarks and are exclusively owned by Pitch.Me.

Disclaimers and Limitations of Liability

NO REPRESENTATION, MATERIAL, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PITCH.ME OR THROUGH THE PLATFORM OR WEBSITE CREATES ANY WARRANTY NOT EXPRESSLY MADE HEREIN. PITCH.ME AND ITS MEMBERS, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THE PLATFORM OR WEBSITE OR ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE PLATFORM OR WEBSITE; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE PLATFORM OR WEBSITE. PITCH.ME MAKES NO WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PITCH.ME ASSUMES NO LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER-RELATED EQUIPMENT OR OTHER PROPERTY ARISING OUT OF YOUR ACCESS OR USE OF THE PLATFORM OR WEBSITE. PITCH.ME SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR OTHER THIRD PARTY, INVASION OR LOSS OF PRIVACY, CONFIDENTIALITY OR PRIVILEGE OR PROTECTION OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED ARISING OUT OF THE USE OF THE PLATFORM OR WEBSITE, OR ANY DATA, INFORMATION, CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE PLATFORM OR THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND WEBSITE, OR YOUR SUPPLYING OR PURCHASING GOODS OR SERVICES AND/OR ANY CONTACT YOU HAVE WITH OTHER USER OR THIRD PARTY, WHETHER OFFLINE OR ONLINE, REMAINS WITH YOU. PITCH.ME SHALL NOT BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, WHETHER OR NOT IT IS FORESEEABLE AND/OR IT IS AWARE OR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE) FOR: (A) ANY DAMAGES, INCLUDING INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF CURE OR SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY (INCLUDING DEATH) OR EMOTIONAL DISTRESS; (E) THE USE OF OR INABILITY TO USE THE PLATFORM OR WEBSITE; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR WEBSITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM OR WEBSITE; OR (G) YOUR OFFERING, PROVIDING OR REQUESTING OR PROCURING GOODS OR SERVICES THROUGH THE PLATFORM OR WEBSITE.\r\n\r\n \r\n\r\nIN NO EVENT SHALL PITCH.ME’S LIABILITY, INCLUDING ANY LIABILITY OF ITS MEMBERS, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THIS AGREEMENT, THE PLATFORM, OR THE WEBSITE, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR WEBSITE OR ANY INTERACTION OF ANY KIND WITH ANY USER EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, EXCLUSIVE OF ANY DONATION TO CHARITY, ACTUALLY PAID TO PITCH.ME BY YOU HEREUNDER, OR FIFTY DOLLARS ($50.00) IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.

XII. Indemnity by you agree to indemnify and hold Pitch.Me, its members, partners, affiliates, officers, directors, employees and agents, harmless from any loss, liability, cost, fee, claim, or demand, including attorney’s fees, made by any third party relating to or arising out of your breach of or failure to comply with this Agreement or as a result of your use of the Platform or Website, or the violation of any law or regulation by you. Pitch.Me reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Pitch.Me in connection therewith.

XIII. Privacy Policy You acknowledge that you have read and agree to the Privacy Policy found at https://pitch.me/privacy-policy/.

No Endorsement of any Charity

You acknowledge that the universe of charities to which a Client may direct a Supplier to contribute is determined by a third party organization which provides that service. Currently, that third party organization is MakeMyDonation.org, a 501(c)(3) corporation. Pitch.Me reserves the right to engage another or different third party to handle the functions currently handled by MakeMyDonation.org. You understand that Pitch.Me has not made and will make any independent inquiry into or vetting of such charities, including, for example, as to the percentage of any donations that are directed towards the charity”s charitable purpose, and has no involvement in or any agency or other relationship with any such charity by virtue of its presence on such list. The fact that any charity appears on the list of potentially available charities or the selection by a Client of a particular charity is not intended to be nor should it be construed as an endorsement of such charity by Pitch.Me. It is the User’s, and not Pitch.Me’s sole responsibility to investigate or verify any information regarding any charity before agreeing to a donation to such charity.

END USER PLATFORM LICENSE AGREEMENT Welcome and thank you for your interest in Pitch.Me. Pitch.Me, LLC (“Pitch.Me”) provides a platform for a unique and respectful way for suppliers and purchasers of goods and services, or mentors and those desiring advice and mentoring, (“Users,” as defined below) to connect with each other, all while directing a contribution to a charitable cause (“Platform”). Access to and use of Pitch.Me

Welcome and thank you for your interest in Pitch.Me. Pitch.Me, LLC (“Pitch.Me”) provides a platform for a unique and respectful way for suppliers and purchasers of goods and services, or mentors and those desiring advice and mentoring, (“Users,” as defined below) to connect with each other, all while directing a contribution to a charitable cause (“Platform”). Access to and use of Pitch.Me

Welcome and thank you for your interest in Pitch.Me. Pitch.Me, LLC (“Pitch.Me”) provides a platform for a unique and respectful way for suppliers and purchasers of goods and services, or mentors and those desiring advice and mentoring, (“Users,” as defined below) to connect with each other, all while directing a contribution to a charitable cause (“Platform”). Access to and use of Pitch.Me’s Platform is governed by and subject to the terms of this End User Platform License Agreement (“EUPLA” or “Agreement”) as set forth herein or as amended. These recitals, all other terms of this Agreement, as well as external links constitute material and substantive parts of this Agreement. Each User may use the Platform only after first reading this EUPLA and expressing acceptance remotely through the internet In the event of use on behalf of an employer or legal entity, the User must obtain the legal entity or employer”s prior authorization to use the Platform to bind such entity or employer to the terms of this EUPLA. This EUPLA may be amended in Pitch.Me’s sole discretion. Each User should review the EUPLA through the Pitch.Me Website (“Pitch.Me Website” or “Website”) regularly. The User’s subsequent use of the Platform will constitute the User’s acceptance of the changes. If a User is dissatisfied with any modification, the User’s recourse is to discontinue use of the Platform immediately. SINCE BY ACCESSING AND USING THE PLATFORM, YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT, PLEASE READ THESE TERMS CAREFULLY.

As used herein, the following terms shall have the following meanings: “Pitch.Me” shall mean Pitch. Me, LLC, a Michigan Limited Liability Company. “Client” shall mean a company or other business professional that agrees to provide a designated amount of time to a “Supplier,” as defined below, provided that the Supplier agrees to donate a designated amount to a charity selected by the Client. “Supplier” shall mean a company or business professional who agrees to donate a designated amount to a charity selected by a Client, provided that the Client agrees to be available to the Supplier for a designated period of time to discuss goods or services that Supplier could supply to Client. “User” or “Users” shall mean any person or entity who accesses or uses the Platform through http://pitchme/signup, including any Client or Supplier. “You” or “your” as used herein shall mean the User on whose behalf assent is indicated in Section XVIII, below.

License to Use Platform

Subject to the terms of the Agreement, Pitch.Me, LLC grants eligible Users a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license solely for the User”s use, access to and use of the Platform (excluding to any software source code). User will not copy, adapt, modify, prepare derivative works from, or sell, transfer or otherwise exploit, the Platform, except as expressly permitted in this Agreement. The Platform is provided “AS IS”. No intellectual property rights owned by Pitch.Me, LLC are granted to any User.\r\n\r\nPitch.Me reserves the right, in its sole, exclusive, and confidential discretion (a) to review, verify or validate, at any time, any User or potential User’s right to access or sue the Platform; and (b) immediately and without notice to deny or terminate any User or potential User’s access to or use of the Platform.

Eligibility

To be eligible to use the Platform in the United States, you represent that you are at least 14 years of age, or otherwise above the minimum age for use of the Platform in any other applicable jurisdiction. You agree that the information provided through the sign-up process is truthful, and that you have signed up with your real name. You also agree that you will comply with all applicable laws, including without limitation, laws relating to privacy, intellectual property, internet communications, taxes and other regulations.Pitch.Me reserves the right, in its sole, exclusive, and confidential discretion (a) to review, verify or validate, at any time, any User or potential User’s right to access or use the Platform; and (b) immediately and without notice to deny or terminate any User or potential User’s access to or use of the Platform.

Fees

The Client has the right to determine, in its sole discretion, (a) the amount of time to be made of available to the Supplier; (b) the amount of money that the Client must agree to donate in exchange for interaction with such Supplier (“Pitch Price”); and (c) the charity to which the Client will donate the full amount of the Pitch Price. In order to offset administrative costs such that the full amount of the Pitch Price will be donated to the designated charity, Client is also responsible for payment of (a) a Transaction Fee in the amount set forth on the Website at the time Client elects to interact with a Supplier on the Platform; and a Connection Cost, in the amount of a fixed percentage of the Pitch Price as set forth on the Website at the time the Client elects to interact with a Supplier on the Platform. Pitch.Me reserves the right to change this policy and fees at any time.

V. Account Security

You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify Pitch.Me of any disclosure or unauthorized use of your username or password or any other breach of security, and ensure that you log out from your account at the end of each session.

Links

The Pitch.Me Website and the Platform may contain, or third parties may provide, advertisements and promotions offered by third parties and links to other websites or resources. You acknowledge and agree that Pitch.Me is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your communication or interaction with, or participation in promotions of, third parties found on or through the Pitch.Me Website or Platform, are solely between you and such third party, and Pitch.Me shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or related to the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.

VII. No Endorsement or Agency Pitch.Me is not a party to any agreement between Users or between any User and any third party, nor does Pitch.Me endorse any User of the Platform. No agency relationship, partnership, joint venture or an employee relationship shall be created between Pitch.Me and any User by virtue of this Agreement or any User”s access or use of the Pitch.Me Website or Platform.

VIII. No Guarantee you understand that by providing this Platform, Pitch.Me makes no guarantee, whether express or implied, that any Supplier will sell or provide or any Client will purchase any goods or services as a result of interaction through the Platform.

Interaction with Users

Each User is solely responsible for its interaction with any other User. You understand that Pitch.Me does not conduct criminal background checks or any other screenings of any User. Although Pitch.Me requires that the information provided by a User to the Platform be truthful, you understand that Pitch.Me does not attempt to verify this information or the identity of Users. Pitch.Me reserves the right, but is not obligated, to conduct criminal background checks or other screenings of you or any other User, and to monitor activity on or through the Platform and website, as permitted by law and including through the use of publicly-available sources and records.Without limiting the terms set forth in Section XI, below, in no event shall Pitch.Me be liable, directly or indirectly, for any loss, damage, cost or fee, including compensatory, consequential, exemplary, or statutory damages or costs, attorneys” fees or interest arising out of or relating to your conduct or the conduct of any other User of the Platform, including without limitation any damages or loss for breach of contract, bodily injury, (including death), emotional distress, interference with or appropriation of any business opportunity or expectancy, or lost profits.You agree that you are solely responsible for taking all reasonable and necessary precautions in your interactions with any other User or third party, including with respect to the disclosure of any information, or to the extent you agree to meet any User or any other person online or offline, or to the extent you decide to make any payment to any User or any other person, and that Pitch.Me has no responsibility or liability with respect to your interactions with any User or third party.

Intellectual Property Rights

The Platform and all content on the Pitch.Me Website, and all other information aside from User-submitted content, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (“Website Content”) are protected by copyright, trademark, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided herein, Pitch.Me exclusively owns all right, title, and interest in and to the Platform and Website Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of Pitch.Me are trademarks and/or registered trademarks and are exclusively owned by Pitch.Me.

Disclaimers and Limitations of Liability

NO REPRESENTATION, MATERIAL, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PITCH.ME OR THROUGH THE PLATFORM OR WEBSITE CREATES ANY WARRANTY NOT EXPRESSLY MADE HEREIN. PITCH.ME AND ITS MEMBERS, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THE PLATFORM OR WEBSITE OR ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE PLATFORM OR WEBSITE; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE PLATFORM OR WEBSITE. PITCH.ME MAKES NO WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PITCH.ME ASSUMES NO LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER-RELATED EQUIPMENT OR OTHER PROPERTY ARISING OUT OF YOUR ACCESS OR USE OF THE PLATFORM OR WEBSITE. PITCH.ME SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR OTHER THIRD PARTY, INVASION OR LOSS OF PRIVACY, CONFIDENTIALITY OR PRIVILEGE OR PROTECTION OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED ARISING OUT OF THE USE OF THE PLATFORM OR WEBSITE, OR ANY DATA, INFORMATION, CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE PLATFORM OR THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND WEBSITE, OR YOUR SUPPLYING OR PURCHASING GOODS OR SERVICES AND/OR ANY CONTACT YOU HAVE WITH OTHER USER OR THIRD PARTY, WHETHER OFFLINE OR ONLINE, REMAINS WITH YOU. PITCH.ME SHALL NOT BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, WHETHER OR NOT IT IS FORESEEABLE AND/OR IT IS AWARE OR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE) FOR: (A) ANY DAMAGES, INCLUDING INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF CURE OR SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY (INCLUDING DEATH) OR EMOTIONAL DISTRESS; (E) THE USE OF OR INABILITY TO USE THE PLATFORM OR WEBSITE; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR WEBSITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM OR WEBSITE; OR (G) YOUR OFFERING, PROVIDING OR REQUESTING OR PROCURING GOODS OR SERVICES THROUGH THE PLATFORM OR WEBSITE. NO EVENT SHALL PITCH.ME’S LIABILITY, INCLUDING ANY LIABILITY OF ITS MEMBERS, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THIS AGREEMENT, THE PLATFORM, OR THE WEBSITE, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR WEBSITE OR ANY INTERACTION OF ANY KIND WITH ANY USER EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, EXCLUSIVE OF ANY DONATION TO CHARITY, ACTUALLY PAID TO PITCH.ME BY YOU HEREUNDER, OR FIFTY DOLLARS ($50.00) IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.

XII. Indemnity by you agree to indemnify and hold Pitch.Me, its members, partners, affiliates, officers, directors, employees and agents, harmless from any loss, liability, cost, fee, claim, or demand, including attorney”s fees, made by any third party relating to or arising out of your breach of or failure to comply with this Agreement or as a result of your use of the Platform or Website, or the violation of any law or regulation by you. Pitch.Me reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Pitch.Me in connection therewith.

XIII. Privacy Policy You acknowledge that you have read and agree to the Privacy Policy found at https://pitch.me/privacy-policy/.

No Endorsement of any Charity

You acknowledge that the universe of charities to which a Client may direct a Supplier to contribute is determined by a third party organization which provides that service. Currently, that third party organization is MakeMyDonation.org, a 501(c)(3) corporation. Pitch.Me reserves the right to engage another or different third party to handle the functions currently handled by MakeMyDonation.org. You understand that Pitch.Me has not made and will make any independent inquiry into or vetting of such charities, including, for example, as to the percentage of any donations that are directed towards the charity”s charitable purpose, and has no involvement in or any agency or other relationship with any such charity by virtue of its presence on such list. The fact that any charity appears on the list of potentially available charities or the selection by a Client of a particular charity is not intended to be nor should it be construed as an endorsement of such charity by Pitch.Me. It is the User”s, and not Pitch.Me”s sole responsibility to investigate or verify any information regarding any charity before agreeing to a donation to such charity.

Tax or Other Legal Liability

Pitch.Me does not make any representation regarding any potential state, federal, or other tax or other regulatory or other liability that may be incurred by any User by its use of the Platform or any payments made or received in connection with or relating to the use of the Platform. If the Client and/or the Supplier is a U.S. taxpayer, the Client and/or Supplier may be eligible for an itemized U.S. income tax charitable deduction for some or all of the contribution of the Pitch Price to this selected charity, subject to any applicable charitable limits. Notwithstanding anything in this Agreement to the contrary, you specifically acknowledge and agree that nothing in this Agreement is intended to be nor should it be construed as legal or tax advice, and that you should consult your own legal and/ or tax advisor about your personal or your employer’s situation.

XVI. Dispute Resolution and Waiver of Class Actions

Whenever possible, it is Pitch.Me”s intention that any potential disputes with you, or with any other User, be resolved amicably. In the unlikely event that we end up in a legal dispute, you agree that any such claim will be litigated in the federal court for the Western District of Michigan or the state courts of Jackson County, Michigan, and agree to personal jurisdiction in those courts. You agree that any dispute will be determined solely under the laws of the State of Michigan, excluding its conflicts of law rules. You also agree that to the extent you have any claim against Pitch.Me or its members, partners, affiliates, officers, directors, employees and agents, that you will bring such claim only in your individual capacity and not as a plaintiff or class member in any purported class action or representative action. You and Pitch.Me agree that no claims or actions against Pitch.Me may be consolidated or construed without all parties” consent.

XVII. Severability and Nonwaiver

If a court of competent jurisdiction finds that any part of this Agreement is not enforceable, you agree that the court should modify its terms to make that part of the agreement enforceable while still achieving the expressed intent. If the court is unable to do that, you and Pitch.Me agree that the court shall sever the unenforceable portion and enforce the rest of the Agreement.

XVIII. Agreement to be Bound

By creating a profile, you are indicating that you have read, understood, and agree to the terms of this End User Platform License Agreement.