Term and Conditions

Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

Please read these Terms of Use (“User Agreement”) before using the services offered by Hatch. The Pittsburgh Downtown Community Development Corporation (“PDCDC”) requires that all visitors (“you”) to its site, hatch.pdcdc.org, (“Hatch”) and its other sites (collectively, the “Sites”), agree to all of the terms and conditions in this User Agreement (“UA”). By accessing and using the Sites, you indicate your acknowledgement and acceptance of this UA. As used in this Agreement, “we,” “our,” and “us” means Hatch unless otherwise indicated.

Who is Hatch?

Hatch is a crowdfunding web platform. Hatch connects vetted, well-planned Pittsburgh-based community initiatives with the support they need while raising public awareness and building partnerships for new solutions. In our online marketplace, community-based groups with limited resources can describe their projects, and users can explore the site, find meaningful projects, and make a donation or volunteer. The Sites provide you with access to an online collection of information, materials and services related to Hatch and its work, including text, pictures, photographs, audio and video, graphics, logos, marks and images (collectively, “Content”), as well as software used in accessing the Sites, displaying the Content, and utilizing the functionality offered through the Sites (“Software”), all of which are subject to this UA. Unless stated otherwise, any new Content and Software added to the Sites and all revisions, modifications, and enhancements to the Sites, the Content or the Software will be covered by this UA effective upon the date of each such addition.

Eligibility.

Use of the Sites is void where prohibited. By using the Sites, you represent and warrant that (1) all information you submit to the Sites is truthful and accurate; (2) you are 18 years of age or older or have received parental consent and supervision when using the Sites; and (3) your use of the Sites does not violate any applicable law or regulation. Your use of the Sites may be terminated without warning if we believe you are in violation of any of these conditions.

Binding Agreement.

By using any Site, you agree to be bound by this UA, whether you are a visitor, Project group, Donor or Volunteer. The use of the Sites (including, without limitation, photographs or images), by you, or anyone else authorized by you, is prohibited except as allowed by this UA. There are specific terms of use applicable to Projects and Donors or Volunteers.

Hatch’s Privacy Policy is a Part of this User Agreement

We are committed to protecting the privacy of any personal information you may provide to us when you use the Sites. Please see our Privacy Policy for details. This UA includes and incorporates by reference Hatch’s Privacy Policy. By accepting the terms of this UA, you agree to abide by the terms of this Privacy Policy.

Our Proprietary Materials.

We welcome you to our Sites and we invite you to use it within the following rules:

1. You may use the Sites, Content and Software solely for the purposes stated on the Sites and as described in this UA.

2. You may make one copy of relevant Content for your non-commercial use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Beyond that, no text, logo, graphic, sound, image, photograph or Software published on or underlying the Sites may be copied, modified, published or otherwise distributed or used without the prior express written permission of Hatch.

3. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, hyperlink to, promote, frame, download, cache, store for subsequent use, create derivative works from, transfer, or sell any information or Content displayed on or obtained from the Sites, in any manner, without your receipt of the prior written authorization of Hatch.

The information on the Sites, the design and layout of the Sites, the Content and Software contain elements protected by trade dress, copyright, or other laws, and may not be copied or imitated in whole or in part, except as specifically stated on the Sites or in this UA. Except where noted otherwise, all rights to these materials are reserved by hatch or their respective owners. Individuals appearing on the Sites do so with permission; names and photographs of individuals may not be copied, downloaded or otherwise used.

All Site Content and functionality, and all Software underlying the Sites, may be changed or updated by us from time to time, without notice. Although hatch cannot monitor the conduct of users of the Sites, it is a violation of this UA to use the Sites or any information obtained from the Sites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any person featured on the Sites. Any unauthorized use of the Sites, the Content or Software may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes.

Disclaimers.

We make reasonable efforts to provide Sites that are safe and accurate, but can make no warranties. Hatch retains the right to restrict use of the Sites, in any manner it deems appropriate.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITES, THE CONTENT AND SOFTWARE IS AT YOUR SOLE RISK. ALL CONTENT AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Hatch EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Hatch MAKES NO WARRANTY THAT (i) THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SOFTWARE WILL BE RELIABLE; AND (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

Hatch makes every effort to work with 501(c)3 nonprofit organizations in good standing. However, Hatch makes no representation as to whether all or any portion of your donations, including, if any, processing fees are tax deductible. Hatch will have no liability for any claim by federal, state, local or any other tax authority with respect to the characterization on any applicable tax return of any donation by you, any Hatch user or any charity. You should consult your tax advisor as to the amount of your donation that is tax deductible.

Limitation of Liability.

IN NO EVENT SHALL Hatch, ITS EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, ADVISORS AND VOLUNTEERS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITES (COLLECTIVELY “Hatch AND ITS AFFILIATES”) BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES OR LOSS OF PRODUCTS, USE OF DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF ANY OF THE SITES OR ANY LINKED SITE (AS DEFINED BELOW), OR INABILITY TO USE THE SITES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE Hatch AND ITS AFFILIATES AND TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITES.

YOU UNDERSTAND AND AGREE THAT Hatch AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER, AND THAT Hatch AND ITS AFFILIATES WILL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE SITES, EVEN IF THERE IS NEGLIGENCE BY Hatch OR AN AUTHORIZED Hatch REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.

HATCH IS AN INTERMEDIARY AND LIMITED AGENT OF THE PROJECT GROUP, SOLELY FOR THE PURPOSES OF 1) ACCEPTING PROJECTS FOR PUBLICATION THROUGH THE SERVICE, 2) COLLECTING PAYMENT ON BEHALF OF PROJECT GROUP AND. ONCE Hatch HAS PROCESSED PAYMENT, ALL FURTHER COMMUNICATIONS AND TRANSACTIONS MUST BE MADE BETWEEN THE DONOR AND THE PROJECT GROUP. IN THE EVENT THE PROJECT GROUP REFUSES TO HONOR A REWARD OR DOES NOT PROVIDE THE GOODS AND SERVICES OUTLINED IN THE PROJECT DESCRIPTION CONSISTENT WITH THE DONOR’S EXPECTATIONS, WE WILL USE REASONABLE EFFORTS TO ASSIST THE DONOR IN DEALING WITH THE PROJECT GROUP. YOU UNDERSTAND THAT WE DO NOT OPERATE OR CONTROL THE GOODS OR SERVICES OFFERED BY PROJECT GROUPS. PROJECT GROUPS ARE RESPONSIBLE FOR ALL ASPECTS OF ORDER PROCESSING, FULFILLMENT, BILLING AND CUSTOMER SERVICE RELATED TO THE GOODS AND SERVICES THEY OFFER. WE ARE NOT A PARTY TO THE TRANSACTIONS ENTERED INTO BETWEEN DONOR AND PROJECT GROUPS. PROJECT GROUPS AND OTHER ADVERTISERS ARE ALSO RESPONSIBLE FOR ENSURING THAT ADVERTISEMENTS AND OTHER MATERIALS SUBMITTED FOR INCLUSION ON THE SERVICE ARE ACCURATE AND COMPLY WITH APPLICABLE LAWS.

Benefits may not be combined with any other offers purchased from Hatch, third party certificates, coupons or promotions unless otherwise noted by project group.

Donor understands that there is an inherent risk in funding a project group. While Hatch will attempt to assess financial stability of project groups prior to featuring their projects on Hatch, Hatch may not be held liable for unredeemed benefits in the event that a project group goes out of business. Any funds transferred to the project group will be deemed lost and unsalvageable.

Hatch neither warrants nor represents that your use of Content, Software or any other materials displayed on the Sites will not infringe rights of third parties.

Third Party Websites.

The Sites may provide links to other websites (“Linked Sites”) as a convenience to you. Such Linked Sites are not maintained by Hatch, thus Hatch is not responsible for the content, products, services or policies or activities of those Linked Sites. The inclusion of any link to such Linked Sites does not imply endorsement by Hatch of the Linked Sites.

Third Party Websites Seeking to Hyperlink to the Sites.

We welcome appropriate hyperlinks to our Sites. By publishing a hyperlink to our Sites on your website, you warrant that the content of your website is appropriate and consistent with the stated purposes of the Sites and Hatch. If this is not the case, please do not link to any Site. Hatch reserves the right to rescind the right to link to its Sites at its sole discretion.

Use of any Hatch trademark, service mark or other intellectual property or content provided by Hatch for a hyperlink to a Site is permitted and licensed by Hatch solely for the purposes described on the Sites, and you shall not otherwise copy, modify, publish, use or distribute such trademarks, service marks or other intellectual property or content. Upon request by Hatch, you shall immediately remove any hyperlink to the Sites, and discontinue use of any trademarks, service marks or other intellectual property or content provided by Hatch.

Making Donations through Hatch.

Hatch is a non-profit marketplace that brings Donors and Volunteers together with Projects in order to provide support to Pittsburgh-based community initiatives. Here, 93% – 97% of each donation made through Hatch goes directly to fund the charitable project to which it was given. Of the remaining 3%-6%, half is given to the Community Development Corporation of that project’s neighborhood and half is kept by the PDCDC either to maintain Hatch and/or for it’s own projects.

Included in a Project’s “budget” (the price of the project exclusive of any donation intended to support Hatch’s operations) are: shipping charges, sales tax, credit card and bank processing fees (regardless of payment method), and the cost of postage and processing for donor thank-you packages. All Donors are subject to the specific Donor terms described below.

All donations are tax deductible to the fullest extent allowed by law. Hatch works with PayPal to make working with your projects of choice easy, safe, and seamless. When you use the site to make donations through PayPal, you agree that: (1) your donations will be processed through PayPal; (2) PayPal will remit funds to the designated project; (3) Project Group will send a thank you email and/or transaction receipt to all Donors. PayPal is not affiliated with Hatch and is not permitted to share your financial information, such as credit card information, with Hatch without your consent. When you make a donation through PayPal, Hatch does not collect or store your credit card information. All donations processed through PayPal will be governed by the PayPal User Agreement and PayPal Privacy Notice.

Rules for all Donations

For all donations made on or through the Site, all Donors agree that: (1) they will not use an invalid or unauthorized credit or debit card or other payment method; (2) they are solely responsible for selecting the correct project for fundraising, volunteering, donating, or registering; (3) designated donation amounts and Processing Fees will be charged to the credit or debit card or other payment method you use through PayPal; (4) all donations are final and non-refundable.

Fees for Donations

In order to ensure that Hatch is sustainable and to provide you with the very best experience and customer service, Hatch charges certain fees for donations made on or through site. All of Hatch’s fees are explained on our Fees page, which is incorporated by reference into these Terms of Use. By using the Site and our Services, you agree to our Fees, which are further explained below.

When a donation is made through Hatch, a Transaction Fee is paid by the Project Group so we can maintain and market the Site. We try to keep our pricing as low as possible so your donation can have the greatest possible impact. Transaction Fees cover Hatch’s costs associated with maintaining and hosting the Site, plus other value-added services so that we can give you the best, most innovative fundraising platform.

Special Provisions Relating to Donors

Terms and Conditions of your donation through hatch.pdcdc.org:

Thank you for your interest in making a donation through hatch.pdcdc.org (“Donor”). By clicking the “Submit order” button during the process to send Hatch your donation, the following additional terms of the UA apply:

Donor Representations

By applying to become a Donor, you promise that:

You are a U.S. citizen at least 18 years old or if under 18 years old are acting with parental consent and under parental supervision; All information you provide to hatch is accurate, and you will update the information to keep it accurate; and Any donation you make is legal in your jurisdiction.

Donor Responsibilities

You will be responsible for the use and maintenance of the confidentiality of your username and password (which you will receive upon completing the process of registering) for access to Donor-restricted portions of the Sites, and shall not share your username and password with anyone else. You agree not to use the account, username, or password of another Donor or Project at any time or to disclose your password to anyone else. You agree to exit from your account at the end of each session and to immediately notify Hatch of any unauthorized use of your password or account. You are solely responsible for any and all use of your account and for any actions that take place using your account. All suggestions and comments you provide become the intellectual property of Hatch.

In addition to the rights of Hatch described elsewhere in this UA, you agree that descriptions of the proposed activity, the photographs and the thank-you notes, and other materials that hatch may send you regarding each Project that you fund are solely for your personal, non-commercial use and may not be distributed, displayed or copied in any way. You specifically agree not to send chain, promotional, bulk or junk communications to other users through the unauthorized use of this service.

Hatch’s name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Hatch and/or its affiliates.You may not use such marks without the prior written permission of Hatch. All other names, brands and marks are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners.

Recognizing the critical importance of these restrictions in protecting the rights and privacy of the participants, you agree that any breach by you of any of these restrictions may cause Hatch and others to suffer irreparable loss, damage and harm in an amount not easily ascertained, and therefore agree that Hatch may immediately seek an injunction against you to stop your distribution, display, or copying of any such materials and you waive any objection to the scope or venue of such an action.

Procedures related to Donations

After reading the Project description and proposed budget, the Donor may choose the project to which they donate, but, after donating, retains no advisory privileges over the use of the donated funds.

Included in the “budget” (the price of the Project exclusive of any donation intended to support hatch’s operations) are: shipping charges, sales tax, credit card and bank processing fees (regardless of payment method), and the cost of postage and processing for donor thank-you packages.

All donations are tax deductible to the fullest extent allowed by law.

We take reasonable steps to protect the privacy of any personal and financial information you may provide to us when you donate through the Site as described in our Privacy Policy.

Services Provided by hatch

We review, verify and calculate the cost of each Project before we post it on the Sites for visitors, Donors or Volunteers to view. Our efforts include, but are not limited to, screening the proposed project for compliance with the hatch.pdcdc.org eligibility requirements, communicating with project applicants to create the best project possible and determining the appropriate budget for the application. Whenever practical, we arrange to the best of our ability for a letter, photographs of the Project activity and/or thank-you notes to be sent to the Donor(s) after completion of the funded activity. Additionally, we provide assistance to Project groups in posting content to their unique Project profile.

We take reasonable steps to protect the privacy of any personal and financial information you may provide to us when you donate through the Site as described in our Privacy Policy.

Hatch reserves the right to exclude any Donor from use of the Sites, in hatch’s sole discretion. All directions and requirements stated on the Sites regarding Donors or donations shall apply to any donation offered or made by you.

Disclaimers

When a partially funded project does not reach complete funding within the life of the campaign, Hatch allows the organization to apply that money towards its project

If, for any other reason, a project cannot move forward (i.e., the Project group goes out of existence, no longer requires the requested materials, or for circumstance beyond Hatch’s control will not be able to carry out the proposed Project, or the Project is no longer in good standing with Hatch, etc.), Hatch will follow the procedure outlined above.

Hatch cannot be responsible for the success of any proposed or funded projects or for the activities (or lack thereof) of the Projects, Donors or Volunteers participating in any proposed or funded projects.

Special Provisions for Applications and Projects

Thank you for your interest in submitting an application for a hatch.pdcdc.org Project. By clicking the “Submit” button during the process to send hatch your application, the following additional Application Agreement terms of the UA apply:

Project Representations

By submitting a Project application (“the application”), you promise that: The activity you propose is legal, all information you provide to Hatch is accurate, and you will promptly update such information to keep it accurate; You have full rights to any ideas, descriptions and materials you submit to Hatch, and that you (and not Hatch) are solely responsible for such submission, including its legality and appropriateness, and that all such materials are your original creations and use by Hatch will not infringe on any rights of any third party.

Project Responsibilities

You will be responsible for the use and maintenance of the confidentiality of your username and password (which you will receive upon completing the process of registering) for access to Project-restricted portions of the Sites, and shall not share your username and password with anyone else. You agree not to use the account, username, or password of another Donor or Project at any time or to disclose your password to anyone else. You agree to exit from your account at the end of each session and to immediately notify Hatch of any unauthorized use of your password or account. You are solely responsible for any and all use of your account and for any actions that take place using your account.

In addition to the rights of Hatch described elsewhere in this UA, you agree that descriptions of the proposed activity, photographs and thank-you notes, and other materials you may send Hatch regarding your project are solely for personal, non-commercial use and may not be distributed, displayed or copied in any way by Donors or Volunteers. You agree not to provide any personal information that will identify those persons involved in your project as members of your organization or as Volunteers, with the exception of the designated contact person. Recognizing the critical importance of these restrictions in protecting the rights and privacy of the participants in Hatch Projects, you agree that any breach by you of any of these restrictions may cause Hatch and others to suffer irreparable loss, damage and harm in an amount not easily ascertained, and therefore agree that Hatch may immediately seek an injunction against you to stop your distribution, display, or copying of any such materials and you waive any objection to the scope or venue of such an action.

From time to time, Hatch or a third party on Hatch’s behalf may send you emails regarding important information regarding your use of the Sites. Even if the electronic communication system that sends such emails to your account contains an “opt-out” feature, you acknowledge and agree that it is your responsibility to be aware of the information contained in these emails.

Rights You Grant to Hatch

While you retain ownership in the works you create, such as the application submissions (except for the photographs you take, as discussed below), as to all information or materials created by you and submitted to Hatch or posted on hatch.pdcdc.org through the Sites and all materials (except for the photographs) which you send to Hatch or post in hatch.pdcdc.org after the completion of the project, you hereby grant to Hatch a perpetual, irrevocable, worldwide, non-exclusive, fully paid and fully sublicensable license to use the submission and project materials, and portions thereof, in furtherance of Hatch’s purposes and activities and to promote Hatch and its programs, in any medium, and Hatch may copy, publish, display, create derivative works and make other uses of the submission and project materials (in whole or in part) and license others to do the same, for Hatch’s purposes, whether or not your proposal is funded.

Hatch reserves the right to exclude any Projects from use of the Sites, in Hatch’s sole discretion.

Your Responsibilities When Submitting Your Application for Hatch Approval

By submitting an application to Hatch, you agree and consent to the following terms and conditions as set forth in this Application Agreement: You represent and warrant that all information you have provided in your application, including information about yourself and your proposed project (the “project”), is true as of the date that you submit this application.

We will review your application in a timely fashion—usually within 2 (two) weeks. If your application is approved, we will notify you immediately and your project will be posted on hatch.pdcdc.org. If your application is not approved, we will notify you and may, if appropriate and in Hatch’s sole discretion, communicate suggestions to improve your project. Applications are evaluated and approved at Hatch’s sole discretion. If your application is approved and your project is posted on hatch.pdcdc.org:

Your project will have a funding window of 9 (nine) months to receive donations, beginning on the date that your project is posted on hatch.pdcdc.org (the “funding period”).

To the extent your project does not receive full funding of its Hatch-approved budget by the end of the funding period, your project will be removed from hatch.pdcdc.org at the end of the funding period. If you would like to have your project reposted on hatch.pdcdc.org a new application must be submitted, and hatch review and approval must be obtained. Should you choose to submit an application again, we require you to modify the project. If your project is fully funded:

In order to have any donated funds disbursed to you for your project, you must sign our “Link to Project Agreement,” a legal contract which explains our procedures for funded projects and states that you understand that hatch.pdcdc.org can withhold or retract funds if we believe they are being misused. You must use any funds disbursed to you to complete your project as described in your application.

Project groups which have a sufficient budget will be asked to make the purchases and, when the project is complete, submit a reimbursement invoice to hatch. Project groups that are unable to purchase materials upfront will be required to contact hatch.pdcdc.org staff so that we might arrange for distributions of your funding or arrange for vendors of your required materials and/or services to invoice hatch.pdcdc.org directly.

All groups must keep records and receipts of how funding from hatch was used and submit these to Hatch along with a final report of expenses. You must maintain your project profile’s blog on hatch.pdcdc.org (we are happy to help you with this if you need it). As you work on your project, take notes, pictures, and/or video to record the process. Then upload these to your project profile’s blog on hatch.pdcdc.org. This allows other project groups to learn from your hard work and it allows donors and/or volunteers to follow along with the progress of your project.

You must make a good faith effort to communicate with other users, donors and projects which interact with your profile, in furtherance of supporting and growing the hatch.pdcdc.org community.

You must fill out our Hatch project survey, if provided, so that we can continue to improve our process.

This Application Agreement shall be governed by and constructed in accordance with the laws of the State of Pennsylvania. Waiver of a breach of any provision of this Application Agreement shall not be deemed to be a waiver of any other provision or a modification of this Application Agreement. This Application Agreement may be modified only by a Hatch team member and yourself in writing. If this Application Agreement contains any unlawful provision not an essential part of the Application Agreement, such provision shall be deemed of no effect and shall, upon notice by either party, be deemed stricken from the Application Agreement without affecting the binding force of the remainder. This Application Agreement contains all the terms agreed upon by us, and no other agreement, oral or otherwise, regarding the subject matter of this Application Agreement shall be deemed to exist or to bind any of us, or to vary any of the terms contained herein.

Your Responsibilities Should Your Proposal Be Funded (Form of Project Agreement)

In order to have any donated funds disbursed to you for your Project, you must sign a “Project Agreement,” a legal contract which explains our procedures for funded projects. Our form of Project Agreement, which is subject to change in Hatch’s sole discretion, follows:

In order to admit you as an active project group and to explain your obligations, we have prepared this Project Agreement for your review and signature. To indicate your assent to the terms of this Project Agreement, please sign and date both copies of this agreement. Keep one copy for your records and return one copy to Hatch. Please note that your project will not receive any funding from Hatch until we have received your signed Project Agreement.

Distribution of Donations Collected on hatch.pdcdc.org.

We are not committing or guaranteeing to provide you the funds that you will need to execute your project. We only commit, subject to the terms of this Project Agreement and applicable law, to distribute funds collected on hatch.pdcdc.org that a donor(s) has expressly directed to your project. Any such distribution of funds will occur on a schedule determined by Hatch.

Disclaimers

Hatch will not be required to treat any Project application or Project materials as confidential.

Termination

You may terminate this UA by destroying all materials obtained from the Sites, canceling your Donor or Project account, as applicable, and stopping all use of the Sites. Hatch may terminate this UA immediately at will for any reason, in its sole judgment, without warning or prior notice. Upon termination, you must destroy all materials obtained from the Sites and stop all use of the Sites.

Miscellaneous

This UA is governed by the laws of the Commonwealth of Pennsylvania, USA and controlling United States federal law without regard to its choice of law or conflicts of law provisions. You agree that any action to resolve or enforce any dispute or arbitration award regarding use of the Sites or this UA will be brought exclusively in the federal or Commonwealth courts located in Pittsburgh, Pennsylvania. If any provision is deemed by a court of competent jurisdiction to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

Resolution of Disputes

THIS UA CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.

Any controversy or claim arising out of or relating use of any Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association to be heard and adjudicated by one arbitrator to be mutually chosen by you and Hatch. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Pittsburgh, Pennsylvania, and claims regarding the judgment of the arbitrator (including entry of judgment on the arbitration award) may be brought and shall be subject to the exclusive jurisdiction of the State and federal courts located in Pittsburgh, Pennsylvania, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. Either you or Hatch may seek any interim or preliminary relief from a state or federal court of competent jurisdiction in Pittsburgh, Pennsylvania, as may be necessary to protect the rights or property of you or Hatch pending the completion of arbitration.

Indemnification

You agree to indemnify and hold Hatch and its Affiliates harmless from and against any and all loss, liability, claims, causes, actions, damages or penalties, including reasonable attorneys’ fees, made by any third party due to or arising out of: (1) your use of any Site in breach or violation of any term of this UA; (2) your violation of any law or regulation; (3) breach of your representations and warranties as set forth herein; or (4) any content you provide to hatch. You have no right to indemnification by hatch.

Contact hatch

If you have any questions about the Sites or this UA, you may contact us via email at info@pdcdc.org. We are always glad to hear your questions and comments.

Entire Agreement

This UA, including the terms specifically applicable to Donors and Projects, and other policies and notices hatch may post on the Sites necessary for access to Donor and Project portions of the Sites, constitute the entire agreement between Hatch and you in connection with your use of the Sites, hyperlinks to the Sites and the Content and Software displayed on the Sites, and supersedes any prior agreements between Hatch and you regarding such matters, including prior versions of this UA. Hatch may update this UA from time to time by posting revised versions of this UA on the Sites, without notice to you except that the effective date at the top of this UA will change and your subsequent use of the Site is governed by that new UA. The terms of this UA are effective until terminated by Hatch, at any time without notice. In the event of termination, the disclaimers, limitations of liabilities and indemnities set forth in this UA will survive.

This user agreement was last updated on 02/23/2014.

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