1. Introduction:

Welcome to the “User” Terms of Use for Move Your Mountain, Inc. (“Move Your Mountain”, “we”, “us”, “our”).  Move Your Mountain provides its services to you through the website located at www.moveyourmountain.org (“site”, “the site”) and through its mobile applications.  All users are subject to the following Terms of Use.  Move Your Mountain reserves the right at our sole discretion, to change or modify these Terms of Use at any time. If you do not agree to be bound by these Terms of Use, you may not use or access our services.  After any update or change to our Terms of Use, we will post a notice in our “Help Center” and on this “Terms of Use”.  If you continue to use our services this constitutes your acceptance of the new Terms.

2. Services We Provide:

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.).  

3. Charitable Giving:

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.

4. Move Your Mountain Site/Platform:

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 contact@moveyourmountain.org and inform us of your findings and we will investigate the matter.

5. Your Obligations:

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.

6. User Conduct:

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.

The following are examples of the kind of “content” that is prohibited by Move Your Mountain. However, this list is not exhaustive and Move Your Mountain reserves the right to investigate anyone and take appropriate action against anyone who, in Move Your Mountain’s sole discretion, violates any of the Terms of Use.  You agree to not use Move Your Mountain for anything that relates to any of the following:

  1. Any activity that violates any law or governmental regulation.
  2. Any content that is misleading, fraudulent or dishonest.
  3. Drugs, controlled substances, steroids or other products that present a risk to consumer safety.
  4. Firearms, weapons, knives, ammunition or explosives.
  5. Investments, equity, lay-away, off shore banking, money services, lottery, gambling or check cashing services.
  6. Sports betting, Fantasy sports, horse racing, dog racing or any venture that facilitates gambling.
  7. Promotion of hate, violence, harassment, discrimination, terrorism, racial or gender intolerance.
  8. Human trafficking or exploitation.
  9. Pornography or other sexual content.
  10. Offensive, perverse or graphic content.
  11. Defense or support of anyone alleged to be involved in criminal activity.
  12. Offering money rewards or gift cards, or bounties.
  13. Funding an abortion.
  14. Ending the life of an animal.

Move Your Mountain also strictly prohibits the following:

  1. Interference or the attempts to interfere with Move Your Mountain networks and/or servers.
  2. Harvest or the attempt to harvest emails or personal data from Move Your Mountain.

7. Pricing and Fees:

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.

8. Withdrawing Funds:

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.

Account Holds

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:

  1. If we have reason to believe (in our sole discretion) that the information provided by the campaign author is false, misleading or fraudulent or that funds are being used in a prohibited manner.
  2. If the funds are to be delivered directly to someone other than the designated beneficiary.
  3. If we believe the campaign author has violated our terms of use.
  4. If required in order to comply with a court order or subpoena.

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 contact@moveyourmountain.org.

9. Intellectual Property Rights

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.

10. Third Party Material:

Under no circumstances will Move Your Mountain be liable in any way for any content or materials of any third parties (including users and campaign authors), including but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content.  You acknowledge that Move Your Mountain does not pre-screen content, but that Move Your Mountain and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services.  Without limiting the foregoing, Move Your Mountain and its designees will have the right to remove any content that violates these Terms of Use or is deemed by Move Your Mountain, in its sole discretion, to be otherwise objectionable.

11. User Content Transmitted through the Site Services:

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.

You acknowledge and agree that Move Your Mountain may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Move Your Mountain, its users or the public.

12. Copyright Complaints:

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 contact@moveyourmountain.org (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.

13. Counter-Notice:

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:

  • your physical or electronic signature;
  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • a statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and
  • Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern Nevada and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

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.

14. Repeat Infringer Policy:

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.

15. Third Party Websites/Services:

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.

16. Social Networking Services:

You may enable or log into the Services via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”).  By logging in or directly integrating these Social Networking Services into the Services, we make your online experience richer and more personalized.  To take advantage of this feature and capabilities, we may ask you to authenticate, register for, or log in to Social Networking Services on the websites of their respective providers.  As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy.  For more information about the implications of activating these Social Networking Services and Move Your Mountain’s use, storage and disclosure of information related to you and your use of such services within Move Your Mountain (including your friend lists and the like), please see our Privacy Policy at: https://moveyourmountain.org/content/privacy-policy/.  However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Move Your Mountain shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Services.  In addition, Move Your Mountain is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services.  As such, Move Your Mountain is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services.  Move Your Mountain enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

17. Indemnity and Release:

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.  

18. Disclaimer of Warranties:

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.

19. Limitation of Liability:

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).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.  Accordingly, some of the limitations set forth above may not apply to you.  If you are dissatisfied with any portion of the Service or with these Terms of Use, your sole and exclusive remedy is to discontinue use of the Service.

Most user concerns can be resolved quickly and to the user’s satisfaction by emailing Move Your Mountain support team at: contact@moveyourmountain.org.  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.

20. Privacy, Storage and License of Your Customer Data:

  1. General.  The privacy of our users is very important, and we understand clearly that you and your information are one of our most important assets.  We use Your Information as described in the Privacy Policy.
  2. Storage.  We store and process Your Information on computers located in the United States that are protected by physical as well as technological security devices.  Our current Privacy Policy is available at:  https://moveyourmountain.org/content/privacy-policy/.  If you object to Your Information being transferred or used in this way please do not use our Services.
  3. License of Your Customer Data.  All non-encrypted data provided by Your Customer is your property.  You may export Your Customer data from the Move Your Mountain site as you desire.  However, as outlined in the Privacy Policy, Move Your Mountain reserves the right to retain a copy of any and all data provided by Your Customer of any purpose.

21. Arbitration Agreement:

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:

  • Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statue, fraud, misrepresentation or any other legal theory;
  • Claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising);
  • Claims that are currently the subject of the purported class action litigation in which you are not a member of a certified class; and
  • Claims that may arise after the termination of this Terms of Use.

References to “Move Your Mountain’, “we”, “you”, and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court.  This arbitration agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, including, for example, the Federal Communications Commission or the Attorney General of your state.  Such agencies can, if the law allows, seek relief against us on your behalf.  You agree that by entering into this Terms of Use, you and Move Your Mountain are each waiving the right to a trial by jury or to participate in a class action.  This Terms of Use evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision.  This arbitration provision shall survive termination of this Terms of Use.

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 contact@moveyourmountain.org (“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 arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Terms of Use, and will be administered by the AAA.  The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address.  The arbitrator is bound by the terms of this Terms of Use.  All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision.  Unless Move Your Mountain and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances.  If the parties are unable to agree on a location, the determination shall be made by AAA.  If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules.  If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.  Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.  Move Your Mountain will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the AAA Rules.  However if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.

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.

Notwithstanding any provision in these Terms of Use to the contrary, we agree that if Move Your Mountain makes any future change to this arbitration provision (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above.  By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

22. Termination:

You agree that Move Your Mountain, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if Move Your Mountain believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use.  Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities.  Move Your Mountain may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice.  You agree that any termination of your access to the Services under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree the Move Your Mountain may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services.  Further, you agree that Move Your Mountain will not be liable to you or any third party for any termination of your access to the Services.

23. User Disputes:

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.

24. General:

These Terms of Use constitute the entire agreement between you and Move Your Mountain and govern your use of the Services, superseding any prior agreements between you and Move Your Mountain with respect to the Services.  You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software.  These Terms of Use will be governed by the laws of the State of Nevada without regard to its conflict of law provisions.  With respect to any disputes or claims not subject to arbitration, as set forth above, you and Move Your Mountain agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Washoe County, Nevada.  The failure of Move Your Mountain to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.  If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.  A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  You many not assign these Terms of Use without the prior written consent of Move Your Mountain, but Move Your Mountain may assign or transfer these Terms of Use, in whole or in part, without restriction.  The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.  Notices to you may be made via either email or regular mail.  The Services may also provide notices to you of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Services.

25. Privacy Policy:

At Move Your Mountain, we respect the privacy of our users.  For details, please see our Privacy Policy.  By using the Services, you consent to our collection and use of personal data as outlined therein.

26. Questions? Concerns? Suggestions:

Please contact Move Your Mountain at contact@moveyourmountain.org to report any violations of these Terms of Use or to pose any questions regarding this Terms of Use or the Services.