Terms of Use

Assets Under Movement (AUM+)

Effective Date: April 16, 2026

1. Introduction

These Terms of Use (“Terms”) govern your use of (a) the websites, mobile applications, and other online platforms owned and/or controlled by Assets Under Movement (“AUM+,” “we,” “us” and “our”) where these Terms are posted (collectively, the “Platforms”) and (b) any services, features, and functionalities available on the Platforms (collectively, the “Features” and, together with the Platforms, the “Sites”). 

Please read these Terms carefully to ensure that you understand each provision. Among other provisions that affect your legal rights, these Terms include an arbitration requirement and class action waiver set forth in Section 16, which, subject to some limited exceptions, requires you and AUM+ to arbitrate any Disputes (defined below) on an individual basis. Arbitration on an individual basis means that neither party will have the right for a judge or jury to decide its claims or to proceed in a class, consolidated, or representative capacity.

These Terms represent a binding contract between AUM+ and you. By using the Sites, except for the limited purpose of reviewing these Terms, you expressly represent that you (a) have reached the age of majority in your jurisdiction of residence and (b) agree to be bound by these Terms. If you do not agree to be bound by these Terms, or if these Terms are not enforceable where you are located, you may not use the Sites. We would not provide the Sites without the conditions in these Terms. If you later seek to repudiate these Terms or any aspect thereof, you agree that such action would constitute a breach of these Terms, prohibiting you from enforcing any aspect of the Terms and entitling us to damages resulting from your breach. 

If you are an individual using the Sites on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (an “Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. In that case, references to “you” and “your” in these Terms will refer to both the individual using the Sites and to any such Organization.

2. Additional Terms 

Certain Features may be subject to additional terms, rules, guidelines, or policies (“Additional Terms”), and we may provide such Additional Terms to you via postings, pop-up notices, links, or other reasonable means. All Additional Terms are hereby incorporated by reference into these Terms. As such, any reference to the “Terms” herein includes the Additional Terms. From time to time, Additional Terms may conflict with the terms herein. In the event of such a conflict, the Additional Terms will control.

3. Informational Purposes Only

The Sites are provided for general informational purposes only. While the Sites discuss and provide charitable giving opportunities, the Sites are not intended to provide, and should not be relied upon for, any financial, tax, legal, accounting, or any other type of professional advice. You should seek the advice of professionals, as needed, regarding the evaluation of any information on the Sites. 

4. Account Creation

To use certain Features, including the DonorView and GranteeView portals, you will be required to create an account on the Sites (an “Account”). You agree to provide truthful and accurate information during the Account creation process. You also agree to maintain the accuracy of any submitted information by updating it as needed. If you provide any information that is untrue or inaccurate, or if we determine that you have acted in a false or misleading manner during the Account creation process, we reserve the right to suspend or terminate your Account and/or your use of the Sites. 

You are responsible for preserving the confidentiality of your Account password and agree to notify us of any known or suspected unauthorized use of your Account. You agree that you are responsible for the acts and omissions of any person who uses the Sites under your Account. 

5. Your License to Use the Sites

The Sites and all of their contents, including all information, text, graphics, Trademarks (defined below), icons, images, audio and video content, data compilations, and the design, selection, and arrangement thereof (collectively, the “AUM+ Content”), are the exclusive property of AUM+ or our licensors and may not be used or exploited in any way without prior written consent. For clarification, references to the “Sites” in these Terms include the AUM+ Content.

We are giving you access to the Sites pursuant to a limited, non-exclusive, non-sublicensable, non-transferable, revocable license (the “License”). The License is available to you unless and until you or we terminate these Terms, we otherwise suspend or terminate your access to the Sites, or you are barred from using the Sites by applicable law. AUM+ reserves all right, title, and interest not expressly granted under the License to the fullest extent possible under applicable law. 

Under the License, you are permitted to use the Sites solely for non-commercial purposes and only in the following limited ways: (i) you may access and browse the Sites, and use the Features made available to you, using a device that you own or are authorized to use (an “Authorized Device”); (ii) you may download the AUM+ Content from the Sites to your Authorized Device and print out copies for your personal or internal business use, provided that you do not modify such content in any way and do not remove or alter any copyright or other legal notice contained thereon; (iii) you may install a copy of any mobile applications that we make available from time to time (collectively, the “Apps”) on an Authorized Device; and (iv) your Authorized Device may temporarily store copies of the AUM+ Content incidental to your use of the Sites.     

Except as expressly provided for in the preceding paragraph, you may not modify, copy, distribute, display, reproduce, sell, license, create derivative works from, or otherwise use or exploit the AUM+ Content in any manner without the prior written authorization of AUM+ or our relevant licensor (if applicable). Any unauthorized use of the Sites may violate copyright, trademark, and other applicable laws. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.

The AUM+ Content includes the trademarks, service marks, logos, slogans, trade names, and trade dress displayed on the Sites (the “Trademarks”). The absence of a trademark notice or symbol indicating the registration or ownership of the Trademark does not constitute a waiver of AUM+’s or its licensors’ trademark or other rights. These Terms do not grant you any rights to use the Trademarks, and under no circumstances are you permitted to use the Trademarks in a manner that creates a likelihood of consumer confusion. 

Finally, the Sites are intended for users genuinely interested in our services. Under no circumstances may the Sites be used for the purpose of, or with the intention of, initiating litigation or arbitration, including using the Sites in order to trigger or induce an alleged violation of any law (“Litigation Purposes”). Use of the Sites for Litigation Purposes is strictly prohibited, exceeds the parameters of the License, and constitutes a breach by you of these Terms. In such circumstances, AUM+ may elect to terminate these Terms, without prejudice to our ability to seek damages, including attorneys’ fees, resulting from your breach. 

6. User Content & Your License Grant to AUM+

The Sites may permit users to submit, post, link, send, share, or otherwise make available (“share”) information and content (“User Content”). User Content has not necessarily been reviewed or approved by AUM+, and we, therefore, make no representations or warranties as to the accuracy, reliability, completeness, timeliness, or any other aspect of any User Content. Any views or opinions expressed in User Content belong to the users who shared the content and not to AUM+. Your reliance on any User Content is done entirely at your own risk. You understand and agree that we are not responsible for, and shall have no liability related to, any User Content, including your reliance on such content. 

You will retain ownership of any intellectual property rights that you own in your User Content. However, in exchange for the opportunity to use the Sites, when you share User Content you automatically grant to AUM+ a royalty-free, perpetual, irrevocable, worldwide, unlimited, sublicensable, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and otherwise use and exploit your User Content for any purpose (commercial or otherwise) and in any media, medium, form, format, and forum now known or hereafter developed (the “User Content License”). We may sublicense the rights granted under the User Content License through multiple tiers of sublicenses. 

By sharing User Content, you represent and warrant that you possess all rights and permissions necessary to grant the User Content License to AUM+. If you are not the owner of User Content that you intend to share, and you have not obtained permission from the owner to license such content to AUM+ under the User Content License, you are prohibited from sharing that content unless and until you have obtained such permission. You agree to maintain a record of all such rights and permissions and to provide the same to AUM+ upon request. 

User Content shall not be deemed confidential, and AUM+ shall not have any obligation to keep any such content confidential. You acknowledge and agree that, pursuant to the User Content License, AUM+ shall be free to use any ideas, concepts, know-how, or techniques contained in User Content for any purpose whatsoever, including developing, manufacturing, and marketing products and services incorporating or based on your User Content, all without any compensation or attribution to you. 

For avoidance of doubt, all User Content on the Sites is considered AUM+ Content. As such, aside from the limited right to access and use the Sites granted in the License, you may not use or exploit any User Content shared by another party without the prior written permission of the owner of such content. 

7. Video Content

The Sites may contain video content, audiovisual content, or content of a like nature (collectively, “Video Content”). Video Content is provided for the purpose of enhancing the user experience on the Sites and is, therefore, provided in connection with AUM+’s business activities related to charitable giving. AUM+ is not in the business of renting, selling, or delivering Video Content in a commercial manner. By using the Sites, you agree that AUM+ is not a “video tape service provider,” as defined in the Video Privacy Protection Act (“VPPA”), 18 U.S.C. § 2710 or similar state laws.

Further, the Sites may include online technologies and code-based tools, including cookies, pixels, web beacons, and software development kits, that track information about your activity on the Sites (collectively, “Cookies”). Cookies may result in information about your activity on the Sites being transmitted from your browser to AUM+ and to third parties, which, in turn, may result in the display of targeted advertisements on third-party websites, services, or platforms (“External Sites”). Whether Cookies on the Sites result in your browser’s transmission of information to third parties depends on a number of factors that may be outside of AUM+’s knowledge or control, including what External Sites you use, what information you have provided to External Sites, and whether (and the extent to which) you have limited the use of Cookies on External Sites. 

you hereby acknowledge and agree that, if Cookies on the Sites result in your browser’s transmission of information to EXTERNAL SITES, (A) such transmissions do not constitute a “knowing disclosure” of “personally identifiable information” by AUM+ under the VPPA and (B) you will not initiate any litigation or otherwise assert any claim against AUM+ based, in whole or in part, on such transmissions, whether under the VPPA, the California Invasion of Privacy Act (Cal. Penal Code § 630 et seq.), or any other statute, regulation, or cause of action.  

8. Transactions 

A. Transactions Generally

The Sites may allow users to engage in financial transactions, such as a contribution to a fund managed by AUM+ (“Transactions”). If you wish to engage in a Transaction, you will be asked to supply certain information, such as your name, your organization’s name, your Payment Method (defined below), and other information relevant to your Transaction (collectively, “Transaction Information”). You agree to provide current, complete, and accurate information for all Transactions and agree that AUM+ shall have no liability to you arising your provision of inaccurate Transaction Information. 

Further, you represent and warrant that you have the legal right to use any bank account, check, payment card, security, or other payment method (collectively, “Payment Methods”) utilized in connection with a Transaction. The Payment Methods that we accept will be set forth on the Sites and may change from time to time. By submitting any Transaction Information, you grant AUM+ the right to provide such information to third parties for purposes of facilitating the completion of the Transaction. Verification of information may be required prior to the acknowledgment or completion of a Transaction. 

We reserve the right to refuse service or cancel or modify Transactions in our sole discretion and shall have no liability to you other than refunding any amount you transferred to AUM+. Notwithstanding the preceding sentence, we will not alter the amount of a Transaction unless required by law and, in any case, we will never increase the amount of a Transaction. If we make a change to or cancel a Transaction, we will attempt to notify you via contact information that we have on file for you. 

It is your sole responsibility to comply with all laws applicable to your Transactions, including all laws pertaining to charitable giving and taxation. You agree that AUM+ shall have no liability to you arising from your non-compliance with any laws applicable to your use of the Sites. All references to monetary amounts on the Sites are in U.S. Dollars.

B. Recurring Contributions 

The Sites may allow users to set up automatically recurring contributions to certain funds (“Recurring Contributions”). If you establish a Recurring Contribution, this means that your designated Payment Method will be automatically charged for the relevant amount at the interval you select (e.g., monthly, semiannual, annual) on a recurring basis until you cancel the Recurring Contribution. 

By establishing a Recurring Contribution, you are expressly authorizing AUM+ to charge your Payment Method for these recurring payments. You may cancel a Recurring Contribution at any time without fee or penalty by emailing us aT DONORSERVICES@ASSETSUNDERMOVEMENT.ORG 

to avoid subsequent charges, WE must receive your request to cancel the Recurring Contribution at least thirty (30) DAYS BEFORE THE next scheduled charge to your Payment Method. 

9.  User Conduct

You agree not to share any User Content or otherwise use the Sites in any manner that:

• Is designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files, or programs);
• Interferes with or disrupts the proper functioning of the Sites;
• Infringes any copyright, trademark, trade secret, patent, or other right of any party, including the publicity and privacy rights of any person (living or deceased);
• Consists of any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
• Causes AUM+ to lose (in whole or in part) the services of our Internet service providers or other suppliers;
• Links to materials or other content, directly or indirectly, to which you do not have a right to link;
• Is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, defamatory, hateful, or discriminatory on the basis of race, religion, ethnicity, nationality, sex, sexuality, gender, age, or disability;
• Is designed to gain access to Features that you are not authorized by AUM+ to access;
• Copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Sites or any portion thereof;
• Violates, or encourages anyone to violate, these Terms or any applicable law, regulation, or order.

AUM+ has the right, but not the obligation, to monitor the Sites for the purpose or determining and enforcing compliance with these Terms. Further, AUM+ shall be free to delete, remove, modify, or refuse to post any User Content (a) if we determine that the content violates these Terms or is stale or off-topic or (b) as we deem necessary or convenient in connection with our administration of the Sites. 

You agree that AUM+ has the right to (a) disclose your identity or other relevant information about you to any third party who claims that User Content shared by you violates their rights; (b) take legal action, including referral to law enforcement, with respect to any suspected illegal or unauthorized use of the Sites; and (c) cooperate with any law enforcement authorities or court order requesting or directing us to disclose your identity or information. 

You hereby waive any claims related to or resulting from any action or inaction of AUM+ with respect to (A) monitoring the Sites; (B) deleting, removing, modifying, or refusing to post any User Content; (C) determining or enforcing compliance with these Terms; and (D) cooperating with law enforcement OR A COURT ORDER CONCERNING any matter related to the Sites. 

Notwithstanding the use restrictions in this Section 9, nothing in these Terms shall prohibit or restrict your ability to (i) make any “statement” protected by Cal. Civ. Code § 1670.8; (ii) engage in a “covered communication” as defined by the Consumer Review Fairness Act, 15 U.S.C.A. § 45b; or (ii) express or publish any review, performance assessment, or similar analysis (collectively, “Reviews”) about AUM+, its employees or agents, or its products or services, to the extent that such Reviews are protected under applicable law. 

10.  Hyperlinking to the Sites 

You are permitted to establish a hyperlink to any homepage of the Sites, provided that (a) you do so in a manner that is legal and does not state or imply any endorsement of or affiliation with the originating website, application, or service (the “Originating Site”) by AUM+; (b) the Originating Site contains no content that you would be prohibited from sharing on the Sites pursuant to these Terms or any applicable law; (c) the Originating Site is owned by you or you have express written consent from the owner to establish the link; and (d) you do not establish a deep-link or otherwise link to any page other than the homepage of the Sites. You agree to cooperate with us as requested to remove any links that we determine violate these Terms. We reserve the right to withdraw linking permission at any time and without notice. 

11.  Links to External Sites

The Sites may contain links or otherwise facilitate access to External Sites. We are not responsible for the availability of External Sites, nor do we endorse the content, goods, or services provided by or on External Sites. Any terms and conditions and policies applicable to an External Site are set by the operator of the External Site and not by AUM+. Under no circumstances shall we be held responsible or liable for any loss or damage caused or alleged to have been caused by your use of any External Sites.

12.  Privacy

Your submission of personal information through the Sites is governed by our Privacy Policy, which is hereby incorporated into these Terms by reference.

You hereby represent to AUM+ that you understand and accept how we collect, use, and disclose information concerning your use of the Sites, as set forth in our Privacy Policy. You understand and agree that (a) AUM+ is justifiably relying on this representation in granting you access to the Sites and (b) if you later take legal action inconsistent with this representation, such action will constitute evidence that your representation was false. In that case, AUM+ may elect to terminate these Terms, without prejudice to our ability to seek damages resulting from your breach. If you do not agree to the practices described in our Privacy Policy, you may not use the Sites or provide us with any information. 

13. Disclaimer of Warranties

A. THE SITES

THE SITES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. AUM+ MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PARTY, RELATING IN ANY WAY TO THE SITES. FOR AVOIDANCE OF DOUBT, AUM+ DISCLAIMS ANY IMPLIED WARRANTIES THAT THE SITES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO INFORMATION OR ADVICE GIVEN BY AUM+ OR A REPRESENTATIVE SHALL CREATE A WARRANTY.

WITHOUT LIMITING THE PRECEDING PARAGRAPH, WE DO NOT GUARANTEE THAT THE SITES WILL MEET YOUR REQUIREMENTS, OR THAT THEY WILL BE ERROR-FREE, EFFECTIVE, ACCURATE, RELIABLE, WITHOUT INTERRUPTION, OR AVAILABLE AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SITES AND TO CONSULT PROFESSIONALS AS NEEDED IN SUCH EVALUATION. 

B. ADDITIONAL RIGHTS

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME THE WARRANTY DISCLAIMERS IN THESE TERMS MIGHT NOT APPLY TO YOU. FOR CLARIFICATION, NOTHING IN THESE TERMS SEEKS TO DISCLAIM ANY WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. YOU AGREE, HOWEVER, THAT ALL WARRANTY DISCLAIMERS IN THESE TERMS SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. 

14.  OUR LIABILITY TO YOU

A. LIMITATION OF LIABILITY

YOU HEREBY AGREE THAT AUM+ AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, AND LICENSORS, AND EACH OF THEIR OFFICERS, SHAREHOLDERS, MANAGERS, EMPLOYEES, AGENTS, AND DIRECTORS  (THE “RELEASED PARTIES”) SHALL NOT BE LIABLE FOR THE FOLLOWING DAMAGES, IF ANY, ARISING IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITES: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, STATUTORY, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (B) LOSS OF USE, DATA, BUSINESS, REVENUE, OR PROFITS, IN ALL CASES WHETHER DIRECT OR INDIRECT; (C) DAMAGES, INCLUDING FOR ANY DELAY OR FAILURE IN PERFORMANCE, ARISING FROM CAUSES BEYOND THE REASONABLE CONTROL OF THE RELEASED PARTIES; (D) DAMAGES ARISING FROM THE CONDUCT OF OTHER USERS OF THE SITES or their user content; or (E) damages relating to the delay, failure, interruption, disclosure, or corruption of any data or information transmitted in connection with the Sites.

IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF THE RELEASED PARTIES IN CONNECTION WITH ANY DISPUTE (DEFINED BELOW) EXCEED THE GREATER OF (A) $250 USD OR (B) THE AMOUNT YOU PAID TO AUM+, IF ANY, TO USE THE SITES IN THE 12-MONTH PERIOD PRECEDING THE DATE ON WHICH THE FIRST CLAIM RELATED TO THE DISPUTE AROSE. FOR AVOIDANCE OF DOUBT, CONTRIBUTIONS TO FUNDS MANAGED BY AUM+ ARE NOT CONSIDERED AN “AMOUNT YOU PAID TO AUM+” FOR PURPOSES OF THE PRECEDING SENTENCE. 

THE LIMITATION OF LIABILITY IN THIS SECTION 14 APPLIES regardless of legal theory, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THE RELEVANT DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU UNDERSTAND AND AGREE THAT THE LIMITATION OF LIABILITY IN THIS SECTION 14 IS AN ESSENTIAL ASPECT OF OUR ABILITY TO PROVIDE THE SITES TO YOU AND THAT WE WOULD NOT BE ABLE TO DO SO WITHOUT it.

B. ADDITIONAL RIGHTS

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE LIMITATIONS OF LIABILITY IN THESE TERMS MAY NOT APPLY TO YOU. FOR CLARIFICATION, NOTHING IN THESE TERMS SEEKS TO LIMIT OUR LIABILITY IN A MANNER INCONSISTENT WITH APPLICABLE LAW. YOU AGREE, HOWEVER, THAT ALL LIMITATIONS OF LIABILITY IN THESE TERMS SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. 

15.  Indemnification

You agree to indemnify, hold harmless, and (at their option) defend the Released Parties from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to: (a) your breach of any of these Terms, including any representations or warranties herein; (b) your User Content that you share; and (c) your violation of any law or the rights of a third party.

We reserve the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you and you agree to cooperate with us if and as requested in the defense and settlement of such matter. You agree never to settle any matter for which your indemnification is required absent our prior written consent. 

Separately, if you initiate, or threaten to initiate, any litigation, arbitration, or otherwise assert any claim against the Released Parties that is based or relies, in whole or in part, upon a repudiation or breach of any promises, representations, warranties, agreements, or consents that you have made or provided under these Terms (collectively “Prohibited Legal Actions”), you agree to indemnify the Released Parties from and against any liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to the Prohibited Legal Action (or your threat of the same).  

16.  Disputes & Arbitration

If there is any controversy, claim, action, or dispute between you and AUM+ arising out of or related to your use the Sites of the or the breach, enforcement, interpretation, or validity of these Terms or any part of them (“Dispute”), you and AUM+ agree to resolve the Dispute through the dispute resolution procedures set forth in this Section 16, even if the Dispute arose prior to the Effective Date of these Terms. 

A. Informal Dispute Resolution 

You and AUM+ agree to first attempt to avoid the cost of formal dispute resolution by giving each other a full and fair opportunity to address and resolve the Dispute informally. The party with the complaint (the “Complaining Party”) shall send written notice to the other party (the “Receiving Party”) describing the facts and circumstances of the Dispute (a “Dispute Notice”).  

All Dispute Notices must: (a) be signed by the Complaining Party; (b) include the Complaining Party’s name, physical address, and email address; (c) describe with specificity the nature and basis of the Dispute in a manner sufficient for the Receiving Party to evaluate the merits of the Complaining Party’s individualized claim, and (d) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and AUM+. As such, your Dispute and the Disputes of other parties may not be combined into a single Dispute Notice.   

Dispute Notices shall be sent to:

• To AUM+: You must send notice (a) by electronic mail to donorservices@assetsundermovement.org and (b) by first-class or certified mail to: 

Assets Under Movement 

1763 Columbia Road NW 

Suite 14816 

Washington, DC 20009 

• To You: We will send notice by (a) first class or certified mail to the physical address we have on file for you (if any) and (b) by email to the email address we have on file for you (if any). If we do not have any address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by other reasonable means.

You and AUM+ will attempt to resolve the Dispute through informal negotiation within sixty (60) days beginning on the date that a valid Dispute Notice is received by the Receiving Party (the “Informal Negotiation Period”). During the Informal Negotiation Period, the parties are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and AUM+ (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to participate. AUM+ will participate in the Conference through one or more representatives, which may include our counsel.

Both you and AUM+ agree that the foregoing dispute resolution procedure (the “Informal Dispute Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation against the other party. If any aspect or requirement of the Informal Dispute Resolution Procedure has not been completed or satisfied, the parties agree that (a) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration or litigation and (b) unless prohibited by law, no arbitration administrator shall accept or administer any arbitration or demand fees in connection with the Dispute. 

B. Individual Arbitration

IF ANY DISPUTE CANNOT BE RESOLVED THROUGH THE INFORMAL DISPUTE RESOLUTION PROCEDURE, YOU AND AUM+ AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT NEITHER PARTY WILL HAVE, AND YOU AND AUM+ EACH HEREBY WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE ITS CLAIMS, AND THAT NEITHER YOU NOR AUM+ IS PERMITTED TO PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU AND WE WOULD OTHERWISE HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS. 

All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services (JAMS) (www.jamsadr.com) for binding arbitration under its rules then in effect, as modified by these Terms, before one arbitrator to be mutually agreed upon by both parties (a Dispute submitted to JAMS for arbitration being a “Demand for Arbitration”). The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (the “Minimum Standards”) if (and only if) it is determined by JAMS or the arbitrator that the Minimum Standards are applicable to the Dispute. The Minimum Standards are available at www.jamsadr.com/consumer-minimum-standards. Any hearings shall be held in the Washington, DC area, unless required otherwise by the Minimum Standards. Further, if the amount at issue in the Dispute is $5,000 or less, you may choose to (a) have the arbitration conducted solely on the basis of the documents submitted to the arbitrator or (b) hold a hearing by teleconference or videoconference. 

The arbitrator, and not any court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms is void or voidable. For the avoidance of doubt, you and AUM+ agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this Section 16 or the arbitrability of any claim or counterclaim. The award rendered by the arbitrator may be confirmed and enforced in a court of competent jurisdiction. 

C. Mass Arbitration

This Section 16(C) applies to Mass Arbitrations (defined below) and supersedes any provision to the contrary in these Terms. 

If you or AUM+ files a Demand for Arbitration that is one of fifty (50) or more similar Demands for Arbitration filed against the other party (i.e., against you or AUM+) by parties represented by the same law firm or law firms acting in coordination (a “Mass Arbitration”), the arbitration of the Dispute, and all other Disputes constituting the Mass Arbitration, shall be conducted in accordance with the JAMS Mass Arbitration Procedures and Guidelines, including the JAMS Mass Arbitration Fee Schedule (the “Mass Arbitration Rules”). The Mass Arbitration Rules are available at www.jamsadr.com/mass-arbitration-procedures. 

You and AUM+ agree that, in the event of a Mass Arbitration, any issues arising under or relating to (a) the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable or (b) the jurisdiction of the arbitrator, including any objections with respect to the existence, scope, or validity of this Section 16 or the arbitrability of any claim or counterclaim, shall be decided by a court of competent jurisdiction. 

D. Exceptions

In lieu of the dispute resolution procedures set forth in Section 16(A)-C), you or AUM+ may (a) bring an individual claim or elect to resolve a Dispute in a small claims court in the United States, consistent with any applicable jurisdictional and monetary limits (so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction) or (b) file an individual claim in court to (i) enjoin the infringement or other misuse of its intellectual property rights or (ii) seek a declaration that the other party is in breach of these Terms. To the extent permitted by applicable law, you and AUM+ agree that any claims referenced in the preceding sentence must be brought and maintained on an individual basis. 

In addition, nothing in these Terms prohibits you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

17. Choice of Law & Forum

A. Choice of Law

These Terms and your use of the Sites are governed by the laws of the United States and the District of Columbia, without giving effect to any conflict of laws principles that would result in the application of the laws of any other jurisdiction. Any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

B. Choice of Forum

Except for claims properly lodged in a small claims court in the United States, any Disputes not subject to arbitration pursuant Section 16, including those referenced in Section 16(D), shall be resolved by a court located in the District of Columbia and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such Dispute. 

18.  Jurisdiction 

AUM+ controls and operates the Sites from within the United States and makes no representation or warranty that the Sites are appropriate or available for use in any other jurisdiction. Anyone accessing the Sites from outside the United States does so on their own risk and is responsible for compliance with all applicable laws and regulations, including U.S. and international export control laws. 

19.  Changes to these Terms and the Sites

A. Changes to these Terms. 

We reserve the right to modify these Terms at any time. When we do so, we will update the “Effective Date” above. For material changes, we will seek to supplement such notice by email, a pop-up message on the Sites, another prominent notice on the Sites, or by other reasonable means. Your use of the Sites following any changes to these Terms will constitute your acceptance of the Terms as modified. 

B. Termination of these Terms

These Terms will continue to apply until terminated by either you or AUM+. We may terminate these Terms, or suspend or terminate your access to the Sites, at any time if (a) we believe you have breached any of these Terms, (b) we stop providing the Sites or any material component thereof, or (c) as we believe necessary to comply with applicable law. You may terminate these Terms at any time by deleting your account and emailing donorservices@assetsundermovement.org provide termination notice. 

If you or we terminate these Terms, or if we suspend or terminate your access to the Sites, you agree that (a) your right to access and use the Sites ceases immediately, (b) we shall have no liability to you in connection with such suspension or termination, and (c) except as expressly provided otherwise by AUM+, we will not refund any amounts that you have already paid to us or contributed to any funds managed by AUM+.  

The following provisions shall survive the termination of these Terms: Section 5 (excluding the License), 6, 7, 12, 13, 14, 15, 16, 17, and 20, as well as any other provisions of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms. 

C. Changes to the Sites

We may change, restrict access to, suspend, or discontinue the Sites, or any portion of the Sites, at any time and without notice to you. You acknowledge and agree that AUM+ will not be liable for any such actions. 

20. Miscellaneous

A. Interpretation

In these Terms, the words “include,” “includes,” and “including” are used in an illustrative sense and shall be construed as if followed by “without limitation,” and the term “or” is not exclusive. Titles and headings to sections herein are included for convenience only and are not intended to affect the meaning or interpretation of these Terms. Any limited or specific disclaimers or limitations of liability found in these Terms shall not limit the effect, force, or breadth of any other disclaimers or limitations of liability in these Terms. When these Terms refer to a decision or action that will or may be made or taken by AUM+, such decision or action shall be made, taken, or refrained from in AUM+’s sole discretion and judgment.

B. No waiver

If AUM+ does not exercise or enforce any legal right or remedy which is contained in these Terms (or which AUM+ has the benefit of under any applicable law or regulation), such action or inaction shall not be deemed a formal waiver of AUM+’s rights, and all such rights or remedies shall still be available to AUM+.

C. Severability

If any provision of these Terms is held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

D. Entire Agreement

These Terms (including, for avoidance of doubt, all Additional Terms) set forth the entire understanding and agreement between us with respect to your use of the Sites.

E. Assignment

You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction.

F. No Relationship

These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and AUM+.

G. Notice to California Residents. 

The following terms apply to California residents:

1. You may reach AUM+ at the contact information provided in Section 21. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
2. With respect to any limitations or disclaimers of warranties or liability included in these Terms, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

H. Admissibility

You agree that all agreements, notices, disclosures, and other communications that AUM+ provides to you (a) via a posting on the Sites or (b) an email to an address that we have on file for you will satisfy any legal requirement that such communications be in writing. You agree that a printed version of these Terms and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms or your use of the Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

21.  Contact Us

If you have any questions, comments or concerns about these Terms, please contact us at donorservices@assetsundermovement.org.