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I have read and agree to the following:

Welcome to the Most Valuable Kids of Greater Atlanta, Inc. ("MVK") community!  Accepting this Member Agreement (the "Agreement") is the first step in registering with MVK.
 
Please read the complete this Agreement carefully. The headings and summary points of the Agreement are for your convenience only, and don't expand, limit or define it in any way.  You should read the entire Agreement before you accept it. 
 
This Agreement addresses:
 
1. Terms and Conditions When Donating on MVK; and
 
2. General Terms and Conditions for Donating on MVK. 
 
The Agreement explains your obligations to, and the general terms and conditions with respect to donating tickets to, MVK and the participating Nonprofits you select to receive your donated tickets.  After you have carefully reviewed this Agreement, please accept and agree to all of its terms by checking the checkbox on the Member Registration Form.  You will not be able to donate tickets through MVK without accepting this Agreement. 
 
The Agreement is effective immediately when you click the "I Accept" button and will continue until terminated by MVK or you as provided in this Agreement (the "Term"). 
 
If you have questions about this Member Agreement, contact MVK at 404-285-5032.
 
TERMS AND CONDITIONS WHEN DONATING ON MVK 
 
This section explains the terms and conditions that apply whenever you submit tickets for donation to a Nonprofit organization through MVK. 
 
When donating, you confirm that: 
 
· you will provide accurate descriptions of the tickets, including, without limitation, event, venue, participating teams, seat locations and inform us of any time sensitivities 
· you are making an irrevocable offer to transfer title in and to the tickets and other items being donated to the participating Nonprofit 
· you will hold the tickets to be donated and ship them in accordance with the Member Agreement Tickets may be returned to you if not as you described 
· We have permission to use images and logos you provide 
 
You will provide accurate item descriptions.
 
When submitting tickets for donation to a participating Nonprofit organization through MVK, you are required to submit a detailed description of those tickets.  The description you provide is very important, because it is used (1) by the Nonprofit organizations that you select to decide whether to accept it, and (2) by the Nonprofit organization and MVK to issue a charitable contribution receipt to you in appropriate circumstances.  You agree that your description of donated tickets will at all times be truthful, complete, and accurate.  You agree that you are solely liable and responsible, and you release MVK and the Nonprofit organizations from, any and all liability and responsibility, arising from any misrepresentations, errors, and other inaccuracies, whether intentional or unintentional, in your descriptions of any donated tickets.
 
You will tell MVK if a ticket donation is time-sensitive.
 
You also agree that the description of any item you seek to donate will clearly indicate whether the tickets are time-sensitive and will specify the particular time-sensitivity (e.g., the date and time on which the performance or event occurs), and that you will promptly and accurately provide any other information requested by MVK and/or the participating Nonprofit organization(s) about the time-sensitive tickets.  You further acknowledge and agree that MVK will not accept tickets donated within of the event for which such tickets provide admission. 
 
Your Donation through MVK is an irrevocable offer.
 
You agree that, notwithstanding anything else you may do, once you click the "I Agree" button at the end of the Ticket Donation Agreement for any tickets that you donate to a Nonprofit organization through MVK, you are making an irrevocable offer to donate the tickets you have described to MVK, and that this offer will remain open until one of the participating Nonprofit organization(s) affirmatively accepts such tickets.  You hereby represent that you are the sole owner of the donated tickets and the sale and/or donation of such tickets will not violate any contractual obligations, applicable laws or third party rights. 
 
Your Donation transfers title of the tickets to the Nonprofit.
 
You agree that immediately upon the acceptance by a Nonprofit organization of your irrevocable offer to donate tickets as described above, all legal right, title, and interest in and to such tickets will automatically transfer to that Nonprofit organization under all applicable federal, state and local laws and regulations.  You further agree that you will execute any and all documents necessary to fully effectuate this transfer of title from you to the Nonprofit organization.  You understand and agree that upon this transfer of legal title to the Nonprofit organization, it has the full legal right to control the described tickets and therefore that the Nonprofit in its sole discretion may use the tickets in any lawful manner (provided such use complies with the stated rules and regulations for Nonprofit ticket use set forth on the MVK Website) and in any other way consistent with the Nonprofit's charitable purposes. 
 
You will hold the tickets for the Nonprofit until notified.
 
You agree that upon the Nonprofit organization's acceptance of any donated tickets you describe in a Ticket Donation Form, you will hold the tickets as a bailee acting on behalf of the Nonprofit and you will maintain the described item safely and securely in your possession until you deposit the described item with an approved delivery service or other carrier in accordance with MVK's instructions to you. 
 
You will ship your Donation per instructions.
 
You agree to comply with all regulations and requirements of the shipping company or other delivery service that MVK selects to transport donated tickets that have been granted to a Nonprofit.  You also agree that you will ship or otherwise surrender the donated tickets in accordance with any instructions given to you by MVK. 
 
We provide documentation but you are responsible for tax compliance.
 
YOUR CONTRIBUTIONS TO NONPROFIT ORGANIZATIONS THROUGH MVK MAY BE TAX-DEDUCTIBLE UNDER APPLICABLE UNITED STATES TAX LAWS AND REGULATIONS.  AS THE TAXPAYER, YOU MAY BE RESPONSIBLE FOR DOCUMENTING AND JUSTIFYING ANY CHARITABLE CONTRIBUTION TAX DEDUCTIONS YOU CLAIM.  YOU SHOULD CONSULT YOUR TAX ADVISOR(S) ABOUT THE PROPER TAX TREATMENT OF YOUR DONATIONS TO PARTICIPATING NONPROFITS.  YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE TAX TREATMENT AND ALL TAX CONSEQUENCES OF YOUR DONATION AND ANY CHARITABLE CONTRIBUTION DEDUCTION THAT YOU MAY CLAIM.

IRS Circular 230 Legend:  Any advice contained in the MVK web site or printed or oral materials is not intended or written to be used, and cannot be used for the purpose of avoiding U.S. federal, state, or local tax penalties.  You should assume that any such statement relating to any U.S. federal, state, or local tax matter was written in connection with the promotion or marketing by other parties of the transaction(s) or matter(s).  You should seek advice based on your particular circumstances from an independent tax advisor.
 
We have permission to use images and logos you provide.
 
You warrant and represent that any logos, trademarks, or other designs (collectively "Marks") that you have submitted or in the future may submit to MVK on any Donor Registration Form or similar forms belong exclusively to you or your organization, and that such Marks do not infringe any trademark or other intellectual property rights of any third party, and that you or your organization has sufficient rights in such Marks to grant the licenses granted in this paragraph.  You hereby grant MVK a non-exclusive license during the Term of this Agreement to use such Marks for the purposes of publicizing the item in the MVK auction or sale process and carrying out the various pre-auction, auction, and post-action processes related to the MVK process. You agree to indemnify MVK against any and all claims of infringement as a result of MVK's use of any such Marks.
 
Please note that MVK reserves the right to sell your tickets without notification to a third party.  The funds from such sale may be used for any charitable reason at the sole discretion of MVK, including, without limitation, to purchase additional tickets for use by authorized MVK recipient agencies.
 
GENERAL TERMS AND CONDITIONS WHEN DONATING ON MVK 
 
This section explains the terms and conditions that govern your use of MVK. 
 
By registering you confirm that: 
 
· you are at least 18 years old 
· you reside or your organization is qualified to do business in the United States 
· you are legally empowered to enter this Agreement on behalf of your organization or business (if applicable). 
· you have not been suspended from MVK 
 
You will be asked to enter information about yourself on the Member Registration Form.  MVK's use of that information is governed by our Privacy Policy.  When you register, you represent and warrant (1) that you are over eighteen years of age; (2) that you are a resident of the United States of America; and (3) that you have not been temporarily or indefinitely suspended from using MVK services.  If you are under eighteen years of age or are not a United States resident, you may not participate in donating to MVK at this time. 
 
All information that you provide will be accurate and legal.
 
You may also provide other information to MVK in connection with using MVK services, including but not limited to the MVK registration, donating process, in any public message area, or through any e-mail feature.  You agree that that any information you provide will be complete; will not be false, inaccurate, misleading, or fraudulent; will not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary or intellectual property rights or rights of publicity or privacy; and will otherwise comply with all rules and regulations that MVK may promulgate regarding use of MVK services.  You further agree that you are solely liable and responsible, and you release MVK and the participating Nonprofits from any and all liability and responsibility, for any misrepresentations, errors, and other inaccuracies, whether intentional or unintentional, in any information you provide. 
 
Either party can terminate this Agreement at any time.
 
The Term of this Agreement is as set forth in the introductory paragraphs in this Agreement.  MVK may terminate this Agreement at any time, for any reason, by sending electronic or written notice of termination to you at the electronic mail address and/or other delivery address that you have provided to MVK, and/or by posting such notice of termination in the area(s) of the MVK site where your user information is accessible.  You agree to update your electronic mail address, delivery address, and other user information periodically, and no less often than whenever such information changes.  You may terminate this Agreement at any time by sending written notice to MVK at 285 West Wieuca Road, B-113, Atlanta, Georgia 30342; however, you understand and agree that your termination of this Agreement will not be effective until any outstanding donations and auctions that are in process have been completed to the satisfaction of MVK and the participating Nonprofit(s).  Further, you agree and acknowledge that a termination of this Agreement by either party shall not serve to revoke any outstanding offers of donation that you have made pursuant to the terms hereunder.
 
You will comply with all laws and instructions.
 
You agree to comply with all applicable federal, state, and local laws, regulations and rulings.  You understand and agree that you are solely responsible for the tax treatment and all tax consequences of your donation and that neither MVK nor any participating Nonprofit is in any way liable or responsible for such tax matters. 
 
DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, MVK DOES NOT MAKE, AND HEREBY SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. 
 
You agree that there will be no consequential damages.
 
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL MVK OR ANY PARTICIPATING NONPROFIT ORGANIZATION BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, SUCH AS, BUT NOT LIMITED TO, FAILURE TO USE THE DONATED TICKETS, LOSS OF REVENUE OR ANTICIPATED PROFITS, ADVERSE TAX CONCEQUENCES OR LOST BUSINESS, IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, EVEN IF YOU ADVISE MVK AND/OR THE NONPROFIT ORGANIZATION OF THE POSSIBILITY OF SUCH DAMAGES. AS YOUR EXCLUSIVE REMEDIES FOR ANY BREACH OF WARRANTY OR MVK OBLIGATIONS UNDER THIS AGREEMENT, MVK AGREES TO ACT AS PROMPTLY AS COMMERCIALLY REASONABLE TO CORRECT THE BREACH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL MVK'S LIABILITY (OR THE LIABILTY OF ANY MEMBER, OFFICER, DIRECTOR, EMPLOYEE, AGENT OR CONTRACTOR OF MVK OR ANY NON-PROFIT) FOR ANY DAMAGES (DIRECT OR INDIRECT) OR PENALTIES OR LOSS SUFFERED BY YOU OR BY ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT, DELICT, OR OTHERWISE, EXCEED $100.  YOU AGREE THAT THE LIABILITY LIMITATION CONTAINED IN THIS SECTION IS AN ESSENTIAL ELEMENT TO OUR RELATIONSHIP AND THAT MVK WOULD NOT ENTER INTO THIS RELATIONSHIP WITH YOU IF YOU DID NOT AGREE TO THE FOREGOING LIMITATION.
 
You agree to limited indemnity for MVK and participating Nonprofits.
 
You agree that you will defend, indemnify, save, and hold harmless MVK and participating Nonprofit organizations and their respective members, officers, directors, agents, volunteers, affiliates, distributors, franchisees, and employees from any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorneys' fees ("Liabilities"), resulting from your breach of any duty, representation, or warranty of this Agreement, except where Liabilities result from the gross negligence or knowing and willful misconduct of the entity that you are indemnifying. This obligation of indemnity is conditioned on the party you are indemnifying giving prompt notice of any claim to be indemnified, providing reasonable information and other assistance to the indemnifying party, and mitigating damages as feasible. 
 
This Agreement is governed by Georgia law.
 
MVK is an Georgia corporation with headquarters in Atlanta, Georgia.  You and MVK both agree that this Agreement will be governed and interpreted in accordance with the laws of the State of Georgia without regard to its principles of conflict of laws. Venue for mediation, arbitration, and/or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, the breach of this Agreement, and/or your use of the MVK website and any services MVK may provide, shall be proper only within a mediation arbitration process or tribunal of competent jurisdiction within Fulton County, Georgia or, if federal court, the Federal District Court for the Northern District of Georgia. 
 
We both agree to resolve any disputes in this manner.
 
Any dispute between you and MVK which cannot be resolved by negotiation shall be submitted to mediation, and if mediation fails, arbitration, under the rules of the American Arbitration Association, or any comparable entity that you and MVK may subsequently agree upon in writing. Any arbitration award issued by the arbitrator shall be final, binding, and enforceable in any court of competent jurisdiction.
 
This Agreement is the entire agreement on this subject.
 
If you have entered into a separate written agreement with MVK (signed by both parties) regarding the same subject matter as this Agreement, that written agreement shall control this Agreement in the event of any conflict.  Except for such a separate written agreement, this Agreement, and all related records and data (such as your registration information), sets forth the entire agreement between MVK and you on this subject and supersedes all prior negotiations, understandings and agreements between MVK and you concerning the subject matter.  MVK may amend this Agreement at any time by posting the amended terms on our web site.  Except as otherwise expressly stated in such a posting, all amended terms shall automatically be effective and legally binding upon you seven (7) days after initially posted by MVK on our site. If, after reviewing the posted amended terms, you completely agree to all such amended terms, no further action is necessary on your part.  Rather, your continued access to and/or use of the MVK web site shall constitute your complete assent to and acceptance of all such amended terms.  All such posted amended terms shall be incorporated in this Agreement as if fully set forth in this Agreement.  If you do not accept all of the posted amended terms, you may terminate this Agreement as set forth in the section of this Agreement titled "Either party can terminate this Agreement at any time" (or any successor provision to such section). Apart from such posting of amended terms by MVK, this Agreement may not otherwise be amended except in a written document (1) that expressly references this Agreement and/or any affected amended terms as posted by MVK and (2) that is signed by both you and MVK.  Should any provision of this Agreement be held by a court or other tribunal of competent jurisdiction to be void, illegal, invalid, inoperative, or unenforceable, the remaining provisions of this Agreement shall not be affected and shall continue in effect and the invalid provision shall be deemed modified to the least degree necessary to remedy such invalidity.  All the terms and provisions of this Agreement shall be binding upon, shall inure to the benefit of, and shall be enforceable by your and MVK's respective successors and assigns. 
 
No Waiver.
 
The failure of either party to partially or fully exercise any right or the waiver by either party of any breach, shall not prevent a subsequent exercise of such right or be deemed a waiver of any subsequent breach of the same or any other term of this Agreement. 
 
Forces beyond MVK's control will not breach this Agreement.
 
MVK shall not be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed, restricted or prevented by reason of any act of God, fire, natural disaster, act of government, strikes or labor disputes, inability to provide raw materials, power or supplies, power or service or equipment outage, failure of Internet service provider, or any other act or condition beyond the reasonable control of the parties; provided that MVK uses its best efforts to avoid or remove the causes of nonperformance and continues performance hereunder immediately after those causes are removed. 
 
Having Problems?
 
MVK Inc. is a corporation that conducts this charitable ticket exchange online.  If you have any problems relating to this Agreement, you may contact MVK at 285 West Wieuca Road, B-113, Atlanta, Georgia 30342 or by phone at 404-285-5032, or by e-mail at susan@mostvaluablekids.org
 
BY CLICKING THE "I ACCEPT" BUTTON, YOU, ON BEHALF OF YOURSELF (IF YOU ARE ACTING AS AN INDIVIDUAL) OR ON BEHALF OF ANY INDIVIDUAL OR BUSINESS ENTITY FOR WHOM YOU ARE ACTING (COLLECTIVELY, "YOU"), EXPRESSLY CONSENT AND AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU (1) SHOULD CLICK THE "I DO NOT ACCEPT" BUTTON, AND (2) MAY NOT ENTER INTO THIS TRANSACTION. 
 
YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD.

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