Last Updated: December 1, 2015
THE FOLLOWING USER AGREEMENT APPLIES TO MOVE YOUR MOUNTAIN CLIENTS AND OUTLINES THE TERMS ON WHICH MOVE YOUR MOUNTAIN ALLOWS YOU ACCESS TO AND USE OF OUR SERVICES.
Move Your Mountain is an online fundraising platform that is based in Reno, Nevada. We provide a safe and secure site for individuals, organizations and causes to raise money. We also provide a custom service to registered 501c3 organizations (ministries, schools, leagues, churches and charities). The “Users” of our site are typically “Campaign authors” (those who start fundraising campaigns), “Donors” (those who donate money to a campaign), “Visitors” (those who tour the site) yet may not donate. Campaigns are free to set up, a small fee is charged to each donation for our services (see pricing & fees). Our service footprint as of this update is primarily focused on the United States. Donations may be made from virtually any country with a recognized and approved financial tool (i.e. MasterCard, Visa, American Express, Discover, etc.).
Most campaigns are not registered 501c3 so therefore donations to them are not tax deductible. If a registered 501c3 company is running a campaign with Move Your Mountain then you will receive a receipt with the approved tax Id number on it that is good for you to use as an official record. The receipt is provided as soon as your donation is processed and delivered to the email address that was provided by you. Move Your Mountain is not a charity nor does it solicit donations for itself.
Move Your Mountain is a fundraising platform whose services are administrative only. Move Your Mountain facilitates the donation between campaign authors and donors, but is not a party to any agreement between a campaign author and a donor. Move Your Mountain is not connected in any agreement with a charity or nonprofit. Again, we simply facilitate the donation between charity and donor. Move Your Mountain is not a broker, agent, financial institution, creditor or insurer for any user. Move Your Mountain has no control over the actions of, or any information provided by a campaign author or a charity. Move Your Mountain hereby disclaims all liability from these.
Move Your Mountain does not guarantee that a campaign or a charity will raise a certain amount of donations. Move Your Mountain does not personally endorse any campaigns or charities. Move Your Mountain does not guarantee that the information provided by “Users” is accurate. Move Your Mountain expressly disclaims any liability or responsibility for the success of any campaign or fundraising event. All donors must decide if the campaign they choose to support is valid and worthy of their support.
Move Your Mountain does not and cannot verify the information that campaign authors provide. Move Your Mountain does not guarantee that the donations will be used in accordance with any fundraising purpose described by the campaign author. While we have no obligation to verify that the use of funds raised is in accordance with applicable law and these terms of service, we take possible fraudulent actions and the misuse of funds very seriously. If you have reason to believe a campaign or charity is raising funds not for the stated purpose, please contact us via email at [email protected] and inform us of your findings and we will investigate the matter.
When you register as a campaign author, you agree to provide and maintain true, accurate, current and complete information about yourself. Your true identity is required and you must be 18 years of age to use Move Your Mountain. If you are not 18 then you may use Move Your Mountain with parental supervision. You as a campaign author represent, warrant and guarantee that all information you provide in connection with your campaign is accurate, complete and is not designed to mislead, defraud or deceive any user. You also agree that all donations will be used for the purpose you have described in your campaign. Move Your Mountain reserves the right to provide information relating to your campaign to law enforcement or assist in any legal investigation.
You are responsible for maintaining the confidentiality of your password and account. You are also responsible for any and all activities that occur under your password and account. You agree to notify Move Your Mountain immediately if any unauthorized use of your password or account happens. Move Your Mountain will not be held liable for any loss or damage arising from your failure to comply with this section.
You are solely responsible for all campaign “content” that you upload, post, publish or display while using Move Your Mountain. This includes designs, comments, videos, images, data, text, software, music, photographs, graphics or other materials.
Move Your Mountain also strictly prohibits the following:
Move Your Mountain does not charge a campaign author any upfront fees for starting a campaign. Move Your Mountain charges a flat percentage of every donation contributed to a campaign. An additional payment processing fee is also deducted from each donation and is payable directly to our third party payment processor (WePay). Please see our pricing and fees at http://www.moveyourmountain.org/content/pricing-fees/.
United States “Users”:
Move Your Mountain charges a small flat fee of 2%.
WePay (our credit card processor) charges 2.9% + .30¢ per donation.
Fees are deducted directly from each donation and detailed reports are available for you to see every donation and all fees. You may access this information on your campaign dashboard.
Campaign authors (or as applicable, the beneficiary designated by the campaign) may withdraw funds from their campaign at any time up to the full amount that has been credited to their campaign. Move Your Mountain strives to make withdrawals available to you promptly. You acknowledge and agree that withdrawals may not be available to you for immediate use, and Move Your Mountain does not guarantee that withdrawals will be available to you within a specific time frame, and Move Your Mountain expressly disclaims any and all responsibility for any delay or inability to access and use withdrawals at any specified time. You as a campaign author, are responsible for ensuring that the information you provide Move Your Mountain in order to process a withdrawal, including your bank account information is accurate and up to date.
From time to time, Move Your Mountain may place a hold on a campaign account that restricts withdrawals by the campaign author. Some of the reasons that we may place a hold on a campaign account include the following:
If you have questions regarding a hold we may have placed on your campaign, or need more information about how to resolve a hold, please contact us at [email protected].
Site Content/Services, Software and Trademarks:
Site Content, Software and Trademarks: You acknowledge and agree that the Site Content (“Site”, or “Site Content”, or “Site Services”) may contain content or features that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Move Your Mountain, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Move Your Mountain from accessing the site/services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Move Your Mountain, our affiliates, and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Move Your Mountain.
The Move Your Mountain name and logos are trademarks and service marks of Move Your Mountain (collectively the “Move Your Mountain Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Move Your Mountain. Nothing in this Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Move Your Mountain Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Move Your Mountain Trademarks will inure to our exclusive benefit.
With respect to the content, photos, images, trademarks, logos, brands or other materials you upload or post through the site or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to ) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading any User Content, you hereby grant and will grant Move Your Mountain and its affiliated companies a non-exclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless Move Your Mountain and its contractors and employees from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of Move Your Mountain in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or Move Your Mountain’s exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”) provided by you to Move Your Mountain are non-confidential and Move Your Mountain will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Move Your Mountain respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Move Your Mountain of your infringement claim in accordance with the procedure set forth below.
Move Your Mountain will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to the Move Your Mountain’s Copyright Agent at [email protected] (Subject line: “DMCA Takedown Request”).
To be effective, the notification must be in writing and contain the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site, with enough detail that we may find it on the site;
your name, address, telephone number and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your Notification is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, Move Your Mountain will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced or access to it restored, in 10-14 business days or more after receipt of the counter-notice, at our sole discretion.
In accordance with the DMCA and other applicable law, Move Your Mountain has adopted a policy of terminating, in appropriate circumstances and at Move Your Mountain’s sole discretion, users who are deemed to be repeat infringers. Move Your Mountain may also at its sole discretion limit access to the site/services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Services may provide or facilitate, or third parties may provide, links or other access to other sites, services and resources on the Internet. Move Your Mountain has no control over such sites, services and resources and Move Your Mountain is not responsible for and does not endorse such sites, services and resources. You further acknowledge and agree that Move Your Mountain will not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site, service or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Move Your Mountain is not liable for any loss or claim that you may have against any such third party.
You agree to release, indemnify and hold Move Your Mountain and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation or Campaign, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. If you are a resident of another state/jurisdiction, you waive any comparable statute or doctrine.
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. Move Your Mountain and its affiliates expressly disclaim all warranties of any kind, whether express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Move Your Mountain and its affiliates make no warranty that (1) the Service will meet your requirements, (2) the Service will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of the Service will be accurate or reliable, or (4) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.
You expressly understand and agree that neither Move Your Mountain nor its affiliates will be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if Move Your Mountain has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (I) the use or the inability to use the Service; (II) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (III) unauthorized access to or alteration of your transmissions or data; (IV) statements or conduct of any third party on the Service; or (V) any other matter relating to the Service. In no event will Move Your Mountain’s total liability to you for all damages, losses or causes of action exceed the amount you have paid Move Your Mountain in the last six (6) months, or, if greater, one hundred dollars ($100).
Most user concerns can be resolved quickly and to the user’s satisfaction by emailing Move Your Mountain support team at: [email protected]. In the unlikely event that our user support team is unable to resolve a complaint you may have (or if Move Your Mountain has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Arbitration, which is often less expensive, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury.
Move Your Mountain and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
A party who intends to seek arbitration must first send to the other, by email, a written Notice of Dispute (“Notice”). The Notice to Move Your Mountain should be sent to: Attn:CEO to [email protected] (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Move Your Mountain and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or Move Your Mountain may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Move Your Mountain or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Move Your Mountain is entitled.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
The arbitrator may award declaratory in injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and Move Your Mountain agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Move Your Mountain agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
You agree that you are solely responsible for your interactions with any other user in connection with the Services and Move Your Mountain will have no liability or responsibility with respect thereto. Move Your Mountain reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.