Terms and Conditions for MyMountain

Terms and Conditions
Last updated: May 26, 2022

HERE’S THE DEAL: YOU MUST AGREE TO THESE TERMS AND CONDITIONS TO USE OUR SOFTWARE OR SERVICE

THESE TERMS AND CONDITIONS REQUIRE YOU TO, AMONG OTHER THINGS, AGREE TO PROVIDE US CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU. READ THEM CAREFULLY AND DO NOT USE THIS THE MyMountainSM WEB APPLICATION OR THE MyMountainSM MOBILE APPLICATION, OR OTHERWISE USE OUR PRODUCTS OR SERVICES IF YOU DO NOT AGREE.

Be sure that you carefully read and fully understand these Terms and Conditions.
You may use Our Software and Service only if you agree to all these Terms and Conditions.
You are considered to have agreed to all of these Terms and Conditions if you check your acceptance of these Terms and Conditions during the creation of your account, or you otherwise access, download, or use any of Our Software or Service.
You do not have the right to access, download or use Our Software or Service if you do not agree to these Terms and Conditions.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:
Software means the Mobile Application or Web Application, each as defined herein, or both.
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Mobile Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to: Florida, United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to MyMountain, LLC, 7380 SW 60th Avenue, Suite 4, Ocala, FL 34476.
User Content means any ideas, comments, questions, feedback, survey responses, testimonials, or other content You post in User Areas.
User Data refers to content such as text, images, documents or other information that You upload, download, store, share, link to or otherwise use or make available using the Software, regardless of the form of that content. Essentially, User Data is comprised of Your tax-related documents that You want to organize and store using the Software.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store's own terms and conditions.
Mobile Application means the software program named MyMountainSM or MyMountainSM PRO provided by the Company in the form of a mobile application downloaded by You on a mobile device.
Service refers to the Software or the Website or both.
Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
User Areas means blogs, message boards, chat rooms, e-mail, surveys, questionnaires, reviews, and other features of the Software and Service that may be offered from time to time and are operated by Us or a third party on Our behalf.
Web Application means the software program named MyMountainSM or MyMountainSM PRO provided by the Company in the form of a Web application accessed by You via the Website or any other website owned by MyMountain, LLC.
Website refers to the MyMountainSM website, accessible from https://MyMountain.net/.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Your use of the Software and Service
Your licensed and permitted use
MyMountain, LLC grants You a non-exclusive, non-transferrable, non-sublicenseable, and limited license to access and use the Software and Service for your individual personal and/or internal business purposes under the terms, conditions, and limitations set forth in these Terms and Conditions and payment of all applicable fees. MyMountain, LLC reserves any and all rights not expressly granted to you in these Terms.
Open Source
If any component of the Software is offered under an open source license, We will make the license available to You and to the extent the provisions of that license grant You additional rights, those provisions will expressly override some terms of these Terms solely with respect to that component of the Software.
User Account

Creating Your account. You will be required to register and create an account with Us to access certain features of the Software and/or Service. You will be assigned or will select a username and password through the registration process. By creating an account, You consent to receive e-mail correspondence from Us regarding Your account or Your use of the Software and/or Service.
Accurate information. By registering or creating an account to use the Software and/or Service, you represent and warrant that your information is true and accurate to the best of your knowledge. You agree not to submit false information such as name, email, address, or telephone number when registering for an account to use the Software and/or Service.
Security. You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. You must take security precautions with at least reasonable and prudent care.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Subscriptions
Subscription period
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
Subscription cancellations
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
If the Subscription has been made through an In-app Purchase, You can cancel the renewal of Your Subscription with the Application Store.
Billing
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
If the Subscription has been made through an In-app Purchase, all billing is handled by the Application Store and is governed by the Application Store's own terms and conditions.
Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
If the Subscription has been made through an In-app purchase, the Application Store's refund policy will apply. If You wish to request a refund, You may do so by contacting the Application Store directly.
Free Trial
The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.
You may be required to enter Your billing information in order to sign up for the Free Trial.
If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
In-app Purchases
The Application may include In-app Purchases that allow you to buy products, services or Subscriptions.
More information about how you may be able to manage In-app Purchases using your Device may be set out in the Application Store's own terms and conditions or in your Device's Help settings.
In-app Purchases can only be consumed within the Application. If you make a In-app Purchase, that In-app Purchase cannot be cancelled after you have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.
If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified to the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will We charge You to replace or repair the In-app Purchase. In the unlikely event that we are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly.
You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store's own terms and conditions.
If you have any payment related issues with In-app Purchases, then you need to contact the Application Store directly.
User Content and User Data
Your Right to Post User Content
Our Service may allow You to post User Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness. These Terms don’t give the Company any rights to Your Content except for the limited rights that enable Us to offer the Services.
License to User Content
You grant MyMountain, LLC a perpetual and royalty-free license to reproduce, use, store, and process Your User Content throughout the world for any purpose without any compensation or remuneration to You. You acknowledge that MyMountain, LLC may preserve and disclose User Content if required to do so by law or We believe in good faith that such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms and Conditions, respond to a claim that User Content violates any third party's rights, or protect the right, property or personal safety of MyMountain, LLC, any users of the Software and Service, and the public.
No Monitoring of User Content
We do not assume any obligation to review, screen, or approve the User Content. However, We may, in Our sole discretion, remove any User Content from a User Area at any time and for any or no reason.
User Data
Acceptance of these Terms constitutes Your instructions to Us to process Your User Data. The Company, its personnel and its subcontractors will only process, access, use, store, and transfer Your User Data as You instruct in order to deliver the Service and to fulfil Our obligations under these Terms. We need your permission to do things like hosting Your User Data, backing it up, and sharing it with others when you use Our Software to do so. Our Software may also provide You with features like commenting, sharing, searching, image thumbnails, document previews, optical character recognition (OCR), easy sorting and organization, and personalization to make Your life easier. To provide these and other features, MyMountain may access, store, and scan Your User Data. You give Us permission to do those things, and this permission extends to our affiliates and trusted third parties We work with.
User Data Backups
Although regular backups of Your User Data are performed, the Company does not guarantee there will be no loss or corruption of Your User Data.
Corrupt or invalid backup points may be caused by, without limitation, User Data that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of User Data. But You acknowledge that the Company has no liability related to the integrity of User Data or the failure to successfully restore User Data to a usable state.
You agree to maintain a complete and accurate copy of Your User Data in a location independent of the Software and Service.
Transfer and Storage of Your User Data
You agree that the Company and its subcontractors may transfer Your User Data to and access, and store Your User Data in locations other than the United States of America.
Disclosure of Your User Data
You acknowledge that We may preserve and disclose Your Content if required to do so by law or we believe in good faith that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, respond to a claim that Your Content violates any third party's rights, or protect the right, property or personal safety of MyMountain, LLC, any users of the Software and Service, and the public.
Responsibility
The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for Your User Content and User Data and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any User Content or User Data that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
• Unlawful or promoting unlawful activity.
• Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
• Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
• Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
• Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
• Impersonating any person or entity including the Company and its employees or representatives.
• Violating the privacy of any third person.
• False information and features.
• Information that falls within the definition of “Protected Health Information” under the HIPAA Privacy Rule (45 C.F.R. Section 164.051).
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any User Content is appropriate and complies with these Terms, refuse or remove this User Content in part or in its entirety. The Company further reserves the right to make formatting and edits and change the manner of any User Content. The Company can also limit or revoke the use of the Service if You post such objectionable User Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that User Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at Admin@MyMountain.net and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any other person’s User Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
• A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
• Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
• Your 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 owner, its agent, or the law.
• A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our copyright agent via email at Admin@MyMountain.net. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
Intellectual Property
The Service and its original content (excluding User Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service. Upon termination by you or the Company, the Company will have no obligation to delete, store or back up your Content.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Indemnification
You agree to indemnify, defend and hold harmless MyMountain, LLC and Our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of Your breach of these Terms or the documents and other policies they incorporate by reference, or your violation of any law or the rights of a third-party.
Force Majeure
We will not be liable for delays in delivery or for failure to perform Our obligations due to causes beyond Our reasonable control including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, Government priorities, fires, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots or war. Our time for delivery or performance will be extended by the period of such delay or We may, at Our option, cancel any order or remaining part thereof, without liability by giving notice to You.
Governing Law; Jurisdiction and Venue
These Terms of Use shall be construed in accordance with the laws of the State of Florida without regard to its conflict of laws rules. Any legal proceedings against MyMountain, LLC that may arise out of, relate to, or be in any way connected with Our Website, the Application, the Service, these Terms, the Privacy Policy, and/or the EULA incorporated by reference herein, and which are not subject to the below arbitration provisions, shall be brought exclusively in the state and federal courts of Florida, located in Marion county and you irrevocably waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Disputes Resolution
We want to address your concerns without needing a formal legal case. Before filing a claim against MyMountain, you agree to try to resolve the dispute informally by sending us a written Notice of Dispute at Admin@MyMountain.net that includes your name, a detailed description of the dispute, and the relief you seek. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days after submission, you or MyMountain may bring a formal proceeding.
Users
Currently, the Service is only available to U.S. citizens.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are a U.S. citizen, (ii) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (iii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Modifications
We may revise these Terms from time to time to better reflect:
1. changes to the law,
2. new regulatory requirements, or
3. improvements or enhancements made to our Services.
If an update affects your use of the Service or your legal rights as a user of our Service, we’ll notify you prior to the update's effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.
If you don’t agree to the updates we make, please cancel your account and stop using the Service before the updated Terms become effective. Where applicable, we’ll offer you a prorated refund based on the amounts you have prepaid for Service and your account cancellation date. By continuing to use or access the Service after the updates come into effect, you agree to be bound by the revised Terms.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
• By email: Admin@MyMountain.net