Last Revised July 30th, 2012
This “Site” (as defined below) is owned and operated by Mobile Movement, LLC, on its own behalf or in combination with one of its divisions or joint
“Agreement”) set forth the legal terms and conditions governing your use of our website and any other online and mobile websites and interactive
applications operated by Company (collectively, the “Site”) (unless a different policy is provided on a particular site, application or service, in which
incorporated herein by this reference.
Table of Contents
Participation in Program
License to the Site
Changes to Site and/or Terms of Service
Trademarks, Copyrights and Restrictions
Consent to Electronic Communications
Forums and Public Communications
Registration and Acceptance of Community Guidelines
Non-United States Residents
Limitation of Liability
The Site is intended solely for users thirteen (13) years of age and older. You represent and warrant either that you are eighteen (18) years of age or
older, or if you are under the age of eighteen (18) that you are at least thirteen (13) and are accessing the Site with the knowledge and consent of your
parent or legal guardian, who will also be deemed to have agreed to this Agreement. Certain parts of the Site may be subject in whole or in part to
heightened age and/or other eligibility requirements.
Certain parts or features of the Site may require registration or may otherwise ask you to provide information to participate in certain features or to
access certain content. The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information,
you may not be able to access certain content or participate in certain parts or features of the Site. You agree that you will not provide any false
personal information to the Site, or create an account for anyone other than yourself without permission. You will also not create more than one personal
profile, and if you select a username for your account, we reserve the right to remove or reclaim it if we believe appropriate (such as if a trademark
owner complains about a username). If you register with the Site, you are responsible for maintaining the confidentiality of your password, if any, and for
restricting access to your computer so that others may not access the password protected portion of the Site. You accept responsibility for all activities
that occur under your account, email or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. Company
may, in its sole discretion, and at any time, with or without notice, terminate your password and membership, for any reason or no reason at all. If we
disable your account, you agree that you will not create another one without our permission.
Participation in Program
Company provides you (the "Participant") with the profiles of under-banked or low-income individuals and/or groups in various countries (each collectively
referred to herein as a "Group" or “Groups”) in need of affordable capital, donations and/or mentorship. In most instances, these Groups are considered
"high risk" by traditional lenders for a variety of factors, including, but not limited to, the Groups’ lack of credit history, the use of the proceeds for
entrepreneurial endeavors including investment in a "start up" business, and the geographic location including the risk of financial instability and
exchange rate fluctuations. By participating in the Program or otherwise accessing or using the Site, you hereby acknowledge and agree that: (a) Company
makes no representation, warranty, covenant or guarantee that any funds and/or goods and/or contributions you lend or donate to a Group via the Site (each,
a “Contribution”) will be repaid and/or returned in whole or in part; (b) that such Contributions are unsecured and bear a high risk of non-repayment
and/or return; and (c) given your financial situation and objectives, you will lend and/or give only those amounts and/or goods on the Site that you can
afford to lose. Contributions made via the Site are philanthropic in nature with no offered rate of return and, as such, are not intended as, and cannot be
considered as, an investment in a financial instrument or security.
You understand that Contributions are not made directly to Groups and that Company identifies existing domestic and international non-profit or aid
organizations (each, an "NGO") that work in low-income communities and generally have a stated mission to reduce poverty and/or promote health and
awareness by providing affordable working capital, donations and/or mentorship to such individuals and/or groups. Contribution requests are posted in
cooperation with such NGO(s). Contributions provided by you, the Participant, will be delivered either to the NGO(s) or a corresponding micro-financing
institution (“MFI”) for ultimate disbursement to the Group(s) you have selected. Company serves as a middle-man in the process and aggregates funds from
multiple Participants via the Site, and the transactional banking institution and/or payment processor (the “Banking Institution”) delivers 90% of these
funds (excluding 10% used to fund banking transaction administrative fees for Program operations) to the NGO(s) and/or MFI(s) for disbursement to the
selected Group(s). In order to complete your Contribution transaction, you may have to leave the Site and/or agree and be subject to a third party online
structure just described. Currency and other national or local regulations may require a different philanthropic funding structure in some countries. In
such cases, instead of Contributions being forwarded directly to the corresponding NGO or MFI, Company or the Banking Institution may, for example, have to
transact with other intermediaries, such as the respective U.S.-based affiliates or other third parties licensed in the particular country to transact in
foreign currencies, to structure a different indirect funding process to enable a Group to ultimately be supported by a Contribution from you.
In most cases, NGO(s) are solely responsible for screening and selecting each Group (including, without limitation, posting requests for Contributions on
the Site), and the NGO(s) or MFI(s) are responsible for making all Contribution disbursements, and Company and Banking Institution expressly disclaim any
liability or responsibility to screen or select any Group or any NGO or MFI or to monitor the disbursement of Contribution proceeds from the NGO(s) or
MFI(s) to the Group(s), and you shall hold the Released Parties (as defined below) harmless from, any and all liabilities with respect to, or resulting
from such screenings, selections and disbursements.
Loan Collection and Repayment. In the case where a Loan is repaid directly by the Group(s) to the Banking Institution, repayments may be made in periodic
installments, depending on the terms of the applicable Loan. Except as may be provided in the sections below, any amounts actually received as repayment by
the applicable Group(s) will be distributed back to the Program, for re-distribution to another Group (or Groups). These distributions may be made
periodically or in one lump sum once 100% of all Loan proceeds for a particular Loan have been received. Furthermore, please note that timing of
distributions of any collected repayment may vary and may be materially impacted because of circumstances that require further reviews with respect to the
collected repayments (by way of one example, to resolve issues regarding accuracy of repayment amounts and corresponding data, or for other issues). If,
for any reason, the Banking Institution is unable to collect Loan repayments directly from the Group(s), repayment of the Loan amounts could be at risk of
partial or total delay or non-repayment and a loss of some or all of the principal could occur. You hereby acknowledge and agree that neither the NGO(s),
MFI(s), nor the Group(s) will have direct contractual obligation or liability to pay you any principal to the extent any repayment is actually received,
from a Group (subject to the conditions noted above). None of Company, the Banking Institution, NGO(s), MFI(s) or any Group will have any obligation to pay
interest on the Loan or other fees or amounts (other than as expressly set forth above) to you or any other Participant in connection with any Loan you
make. At this time, there is no interest charged on any Loans posted in connection with the Program.
Tax Deductibility. If you are making a donation, you may be eligible to receive a tax deduction. You understand that you are solely responsible for
determining the proper tax treatment for any donation and/or loan you make through the Site and the Program. Company has not and will not provide any tax
or legal advice to you in connection with any Donation and/or Loan you might make. This Agreement does not attempt to define the tax implications of
participating in the Program. If you participate in the Program, you should consult with your own accountants, tax advisors and legal advisors.
Principal Loss Scenarios. You understand and hereby consent (without any prior notice thereof) to any restructuring of the repayment plan for your Loan
and/or, in Company’s or Banking Institution’s sole discretion, any extension of the length of the term of your Loan in order to increase the chances that
your Loan is repaid or that amounts of your Loan are repaid back to the Program. A Loan will generally be deemed to be in default if it is determined that
collection of funds from a Group for such Loan is doubtful or a repayment on the Loan is six (6) months past the originally scheduled repayment date (for
any expected repayment, including interim repayments), although case by case differences may exist based on pending prospects for repayment of the Loan. If
for any reason less than 100% of your Loan is repaid, you agree that the Released Parties shall have no liability therefor, and you hereby release and
forever hold harmless the Released Parties for any loss you may incur. You should consult with your accountant and/or tax advisors to determine the
appropriate tax treatment of such a loss.
License to the Site
Company grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Site and the materials thereon for
your personal use only, provided that you comply fully with these TOU. You shall not interfere (or permit the use of your membership by a third party to
interfere) or attempt to interfere with the operation or use of Site by other members in any way through any means or device including, but not limited to,
spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these TOU.
Changes to Site and/or Terms and Conditions of Use
Company reserves the right, from time to time, in its sole discretion, to change, modify, update, discontinue, remove, revise, delete or otherwise change
any portion of the Site or these TOU, in whole or in part, at any time without further notice. For changes to these TOU that we deem material, we will
amount of time that we determine in our discretion. If you access or use the Site in any way after the TOU have been changed, you will be deemed to have
read, understood and unconditionally consented to and agreed to such changes. The most current version of these TOU will be available on the site and will
supersede all previous versions of these TOU.
Trademarks, Copyrights & Restrictions
The Site and all of the content it contains, or may in the future contain, including but not limited to text, video, pictures, graphics, designs,
information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names,
trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property (collectively, the “Material”) that relates to
the Site (other than and except for “User Content” as defined herein) are owned by or licensed by Company or other third parties and are protected from any
unauthorized use, copying and dissemination by copyright, trademark and other intellectual property and non-intellectual property laws and by international
treaties. Except as expressly permitted in writing by site host, you shall not capture, reproduce, perform, transfer, sell, license, modify, create
derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in
whole or in part, any of the Material. Nothing contained in this Agreement or on the Site should be construed as granting, by implication, estoppel or
otherwise, any license or right to use any Material in any manner without the prior written consent of Company or such third party that may own the
Material or intellectual property displayed on the Site. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING,
FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. Any use of the
Material other than as permitted by this Agreement will violate this Agreement and may infringe upon our rights or the rights of the third party that owns
the affected Material. You agree to report any violation of this Agreement by others that you become aware of. You are advised that Company will
aggressively enforce its rights to the fullest extent of the law. Company may add, change, discontinue, remove or suspend any of the Material at any time,
without notice and without liability.
From time to time, and at its sole discretion, Company may make available to users certain software that may be accessible or downloaded from this Site. In
the event you access or download software from this Site, the software, including any files, images incorporated in or generated by the software, and data
accompanying the software (collectively, the “Software”) are licensed to you by Company or a Company-approved third party software provider (“Third Party
Provider”). Company does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Company retains full and
complete title to the Software, and all intellectual property rights therein. For purposes of these TOU, such Software shall be included in the definition
of “Materials”. Furthermore, your use of any Software of a Third Party Provider shall be subject to the end user license agreement or any other terms of
use set forth by such Third Party Provider for its Software.
Consent to Electronic Communications
By registering with the Site, you understand that we or other registered users in the Forums (as defined below) may send you communications or data from
Company regarding the Site via electronic mail, SMS, MMS, instant messaging, electronic chat, or other electronic delivery, including but not limited to
(i) tasks, notices, videos, record keeping, and audio files; (ii) marketing and/or promotional information regarding the Site, (iii) updates; and (iv)
notices about your use of the Site. By registering with Site you consent to such communications and understand that standard text and data charges may
The Site may contain links to third party websites or resources, which may or may not be obvious (“Third Party Sites”) as well as software, text, graphics,
articles, photographs, pictures, designs, sound, video, music, information, software applications and other content originating from third parties
(collectively, “Third Party Applications, Software or Content”). Our provision of links to Third Party Sites is not an endorsement of any information,
product or service that is offered on or reached through such Third Party Site or Third Party Application, Software or Content. Such Third Party Sites and
Third Party Applications, Software or Content are not monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible
for the content or performance of any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available
through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or
contained in the Third Party Sites or the Third Party Applications, Software or Content. If you decide to leave the Site and access the Third Party Sites
or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no
YOU AGREE THAT YOUR USE OF THIRD-PARTY SITES OR THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT,
INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE
TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Any purchases, including but not limited to, any importation of any goods made and/or produced by a Group, made through the Site will be handled by a
third-party fulfillment company (“Fulfillment Company”), who will be responsible for processing and shipping any purchase order made through the Site.
Company is not responsible for any content appearing on the Fulfillment Company’s website. Please note that the Fulfillment Company’s conditions of use,
shipping rates and policies and returns policy shall apply to your order. Fulfillment Company’s customer service will be responsible for handling your
concerns and issues with your order. Company expressly disclaims any and all responsibility for, or liability to any person or entity arising out of or
related in any way to Fulfillment Company’s decisions regarding such matters or for any other matters related to Fulfillment Company’s website.
Forums and Public Communications
As a convenience to its visitors, Company may provide, from time to time and at its sole discretion, one or more chat areas, message boards, bulletin
boards, e-mail functions, instant messaging service, voice-mail, and other interactive areas as part of the Site (collectively, the “Forums”). Forums are
published from time to time by Company in its sole discretion. The individual who posts messages, content or other information in the Forums (collectively,
“User Content”) is responsible for the reliability, accuracy, and truthfulness of such content, and Company has no control over the same. Additionally,
Company has no control over whether any such User Content is of a nature that users will find offensive, distasteful or otherwise unacceptable and
expressly disclaims any responsibility for such material.
Company does not endorse the User Content in the Forums and specifically disclaims any responsibility or liability to any person or entity (including,
without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury,
claim, liability or other cause of any kind or character based upon or resulting from any User Content provided through a Forum.
Company does not and cannot review every message posted by users in the Forums, and is not responsible for the content of these messages or the views or
opinions expressed by the users of the Forums. Information disclosed in the Forums is revealed to the public by design. Company reserves the right, but not
the obligation, to delete, move or edit User Content, in whole or in part for any reason in Company’s sole discretion. In addition, Company may delete,
move, edit or disclose User Content when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the
rights and property of Company or to protect the safety of our users or the public. In no event does Company assume any obligation to monitor the Forums or
remove any specific material.
You understand that the uploading to and/or posting of any User Content in any Forum shall not be subject to any obligation of confidence on the part of
Company, and Company shall not be liable for any use or disclosure of any User Content. In consideration for your use of the Forums and functionality, you
agree to comply with the “Community Guidelines” set forth below. Without limiting Company’s other rights and remedies, individuals who violate the
following Community Guidelines may, at Company’s sole discretion, be banned from using the Forums and/or the Site entirely.
Registration and Acceptance of Community Guidelines
In consideration for your use of the Forums, you agree to (i) comply with these TOU and the Community Guidelines, (ii) provide Company with accurate,
complete and true information about yourself as required on the Forums registration form (your “Registration Information”) in order to create your Company
Forum Account (your “Account”) and (iii) maintain and update, as applicable, your Registration Information with current and complete information. Users who
violate these TOU, the Community Guidelines, or provide inaccurate, false, or non-current Registration Information may, at Company’s sole discretion, have
their Account suspended or terminated, and may be permanently banned from using any Forum or the Site.
Guidelines for Use of the Forums
You are entirely responsible and liable for all activities conducted by you and any authorized user of your Account in the Forums, including the
transmission, posting, or other provision of User Content. Listed below are some, though not all, violations that may result in Company terminating or
suspending your access to a Forum. You agree not to do any of the following actions while using any Forum:
Harass, threaten, embarrass or cause distress or discomfort upon another Forum participant, user, or other individual or entity;
Transmit any User Content in any Forum that Company considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, hateful, racially, ethnically or otherwise objectionable;
Misrepresent yourself, your age or your affiliation with any person or entity, impersonate in any Forum any person or entity, including but not limited
to, a Company official, chat or message board leader, guide or host, or make false or misleading statements;
Disrupt the normal flow of dialogue in a Company chat room or otherwise act in a manner that negatively affects other participants;
Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Forums;
Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having
the force of law while using or accessing any Forum;
Invade the privacy or violate any personal or proprietary right of any person or entity;
Infringe the intellectual property rights or similar rights, including but not limited to copyrights and trademarks, of any person or entity;
Use the Site in any manner that could damage, impair, disable, overburden or harm the Site or circumvent the intended functionality of the Site;
Collect information identifying users of the Site by electronic or other means without authorization from the person(s) affected;
Upload, post, transmit, send, share, store, distribute or otherwise make available on the Site any private or sensitive information or content about any
third party, including, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers; and
Upload, post, transmit, send, share, store, distribute, or otherwise make available any viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software, hardware or other electronic or telecommunications equipment.
By posting or uploading Content to the Site, any Forum or submitting any other User Content to Company, you automatically grant (or warrant that the owner
of such rights has expressly granted) Company a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to reproduce, modify,
adapt, publish, publicly perform, translate, sub-license, create derivative works from, exploit, distribute and otherwise use such materials or incorporate
such User Content in or in connection with the Site or by or in any other media or technology now known or later developed throughout the universe in
perpetuity. In addition, you represent and warrant that any and all User Content you upload, post, transmit, send, share, store, distribute, or otherwise
make available on the Site complies with each of the foregoing Community Guidelines.
You are solely responsible for your interactions with other Site users. We reserve the right, but have no obligation, to monitor disputes between you and
From time to time, the Site may offer promotions that require you to send material or information about yourself. Please note that promotions offered via
the Site may be, and often are, governed by a separate set of rules that, in addition to describing such promotion, may have eligibility requirements, such
as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and supplemental disclosures about how your
personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate,
register and/or enter. By entering any such promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein,
which shall be final and binding in all respects.
You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Site for any commercial purpose.
Non-United States Residents
Company operates the Site in the United States. Company makes no representation that the Materials, including merchandise offered for sale on the Site and
their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. If you
access the Site from locations outside of the U.S. you do so on your own initiative and at your own risk, and you are solely responsible for compliance
with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to
the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.
The Site is controlled and operated by Company from its offices within the United States. Company makes no representation that materials in the Site are
appropriate or available for use in other locations. Software from this Site is further subject to United States export controls. No software from this
Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any countries that are subject to U.S. export
restrictions; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny
Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any
such country or on any such list.
You understand and agree that Company may, in its sole discretion and at any time, terminate your password, Account or use of any Forum, and discard and
remove any User Content posted or submitted by you to any Forum, and/or prohibit you from accessing the Site, in whole or in part, for any reason or no
reason at all, at any time in its sole discretion, with or without notice. You understand and agree that Company may take any one or more of these actions
without prior notice to you. Should Company take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all
information about and concerning your Account, including your Registration Information and submitted User Content. You understand and agree that Company
shall not have any liability to you or any other person for any termination of your access to any Forum and/or the removal of information concerning your
Account. Company will determine your compliance with this Agreement in its sole discretion and its decision shall be final and binding and not subject to
challenge or appeal. Any violation of this Agreement may result in restrictions on your access to all or part of the Site and may be referred to law
enforcement authorities. No changes to or waiver of any part of this Agreement shall be of any force or effect unless formally posted or made in writing
and signed by a duly authorized officer of Company. Upon termination of your membership or access to the Site, or upon demand by Company, you must destroy
all materials obtained from the Site and all related documentation and all copies and installations thereof. You are advised that Company will aggressively
enforce its rights to the fullest extent of the law.
The Site may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons. Company assumes no
responsibility for any delays, interruptions, errors, defects, omissions, or deletions, related to the communications line failure, operation or
transmission, or alteration of, or theft or destruction or unauthorized access to, user communications. Company is not responsible for any technical or
non-technical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone networks or telephone services,
computer or mobile phone equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or in
connection with the Site, including injury or damage to a user’s or to any other person's computer, mobile phone, or other hardware or software, related to
or resulting from using or downloading materials in connection with the Web and/or in connection with the Site.
THE SITE, THE MATERIALS, AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND
EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF TRADE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. COMPANY DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE, THE MATERIALS, THE FORUMS OR THE SOFTWARE, WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS OR THAT THE SITE, MATERIALS SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR
ENTITY. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE MATERIALS, THE FORUMS OR THE
SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.
Limitation of Liability
YOU AGREE THAT COMPANY AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, MEMBERS AND
DIRECTORS, AND AGENTS AND PARTNERS (INCLUDING, BUT NOT LIMITED TO, BANKING INSTIUTIONS, NGO(s), MFI(s) AND GROUPS) (COLLECTIVELY, THE “RELEASED PARTIES”)
ARE NOT LIABLE TO YOU OR ANY THIRD PERSON FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT
LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR
RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE SITE, THE PROGRAM, MATERIAL, THE FORUMS, ANY TRANSACTIONS, ANY LISTING OR ANY ERRORS OR OMISSIONS IN
THE TECHNICAL OPERATION OF THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN
PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE (COLLECTIVELY, THE “RELEASED
MATTERS”). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF
THE ACTION, WILL AT ALL TIMES BE LIMITED TO $1000. BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT
THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE
BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You hereby waive any and all rights you have or may have under California Civil Code Section 1542, and/or any similar provision of law or successor statute
to it, with respect to the Released Matters. In connection with this waiver and release, you acknowledge that you are aware that you may hereafter discover
claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you intend
by this Agreement to release fully, finally and forever all Released Matters under this Agreement. In furtherance of such intention, the releases set forth
in this Agreement shall be and shall remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or
different claims or facts relevant hereto.
Company makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views,
opinions, statements or recommendations contained on the Site and/or the Material. Reference to any product, process, publication or service of any third
party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation
by Company. Views and opinions of users of the Site do not necessarily state or reflect those of Company. Users are responsible for seeking the advice of
professionals, as appropriate, regarding the information, opinions, advice or content available as part of the Site.
The Internet may be subject to breaches of security. Company is not responsible for any resulting damage to any user's computer from any such security
breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or
transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not
be secure, and you should consider this before submitting any information to anyone over the Internet. Company makes no representation or warranty
whatsoever regarding the suitability, functionality, availability or operation of the Site.
If you link to the Site, we require that you follow these guidelines. You may link only to the home page, and the link must be in plain text, unless
otherwise approved in writing by an authorized representative of Company. The link to this Site must not damage, dilute or tarnish the goodwill associated
with any Company names and/or intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored,
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Mobile Movement, LLC
32 Boundary Bay Road
Point Roberts, WA
Attn: Copyright Agent
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forward-looking statements include, but are not limited to, those risk factors contained in our filings with the Securities and Exchange Commission.
Alternatively, you may contact Company via postal mail at:
232 Boundary Bay Road
Point Roberts, WA
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