Terms of Use Agreement

Updated October 2020

Welcome to missionassetfund.org! Mission Asset Fund, a California nonprofit public benefit corporation (“MAF”) provides this website (the “Website”), any information, text, data, articles, design, source code, software, photos, images, graphics, logos or other materials appearing on the Website (the “Content”), and any programs and services provided through MAF or the Website (the “Services”), to you subject to following terms and conditions (these “Terms of Use”). Your access to and use of the Website, Content, and/or Services are expressly conditioned on your compliance with these Terms of Use. By accessing, browsing and/or using the Website, Content, or Services, you acknowledge that you have read, understand and agree to be bound by these Terms of Use and MAF’s Privacy Policy, which is accessible at https://missionassetfund.org/privacy-policy/ and which is hereby incorporated into and made part of these Terms of Use. If you do not agree with any of the above, you may not access, browse or use the Website, Content, or Services.

MODIFICATIONS

You acknowledge and agree that MAF may revise these Terms of Use from time to time without notice to you. You understand and agree that your access to or use of the Website, Content, or Services is governed by the Terms of Use effective at the time of your access to or use of the Website, Content, or Services. MAF may terminate, suspend, or restrict access to all or any part of the Website, Content, or Services without notice or liability. You should periodically review the Website for the most up-to-date version of these Terms of Use.

PRIVACY POLICY

Please review MAF’s Privacy Policy, which is accessible at https://missionassetfund.org/privacy-policy/, for information concerning how MAF’s uses and protects the personal information that you may provide through the Website.

COPYRIGHTED MATERIAL

All right, title, and interest in and to the Website, Content, and Services are the sole and exclusive property of MAF and its licensors. The Website, Content, and Services are protected by copyright, trademark, and other proprietary or intellectual property rights and laws of both the United States and other countries. Except as expressly permitted in these Terms of Use, you may not copy, reproduce, modify or prepare derivative works based upon, distribute, republish, display, sell, transfer, post, publicly display, publicly perform, transmit, or otherwise use the Website, Content, or Services in any form or by any means, including without limitation electronic, mechanical, photocopy, record or otherwise, without MAF’s express written consent. You may not copy or modify the HTML code used to generate web pages on the Website. You may not use the Website, Content, or Services on or in connection with any other website, for any purpose, including without limitation linking, framing, or in any network computer environment, without MAF’s express written consent. You also may not, without MAF’s express written consent, archive, cache, or mirror all or any portion of the web pages on the Website.

TRADEMARKS

You acknowledge and agree that all of MAF’s trademarks, trade names, service marks, logos, brand features, and product and service names, including “Mission Asset Fund,” “MAF”, “Missionassetfund.org, “Lending Circles”, and “Resources Match” (the “MAF Marks”) are the sole and exclusive property of MAF. You may not use the MAF marks for any purpose including, without limitation, for advertising or promotion, in any public medium, to imply any endorsement by or relationship with MAF.

ACCEPTABLE USE

You may access and use the Website, Content and Services solely your personal, non-commercial benefit. You agree not to use the Website, Content, and Services except as specifically provided for in these Terms of Use or otherwise approved in writing by MAF.

You agree to use the Website, Content and Services only for lawful purposes. You are prohibited from any use of the Website, Content or Services that would constitute a violation of any applicable law, regulation, rule or ordinance or that could give rise to any civil or criminal liability.

Without limitation, you agree not to do any of the following while using the Website, Content or Services:

• Use any language, or post, upload, transmit, send or otherwise make available any content that: (1) is false or misleading; (2) is defamatory; (3) constitutes an invasion of privacy; (4) is obscene, pornographic, or offensive; (5) promotes bigotry, racism, hatred or harm against any individual or group; (6) infringes another’s rights, including any intellectual property rights; or (7) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability;
• Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
• Post, upload, transmit, send or otherwise make available through the Website any content that constitutes , junk mail, “spam”, or chain letters, phishing, advertising, and/or commercial offers;
• Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, rent, lease, loan, sublicense, grant a security interest in, or otherwise transfer any right in any of the software used to provide the Website, Content, or Services;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Website;
• Impersonate or misrepresent yourself or your affiliation with any person or entity;
• Harass, abuse, or harm another person in any way in connection with the Website, Content or Services;
• Prevent or exclude others, from accessing or using the Website, Content or Services; or
• Violate any provision of these Terms of Use.

MAF may, but is not obligated to, monitor activity on the Website to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. You hereby specifically agree to such monitoring.

MAF reserves the right to remove or refuse to post or distribute any third party content, and to restrict, suspend or terminate the access or use of the Website, Content or Services of any user without notice and with no liability to MAF whatsoever.

REPRESENTATION OF USERS; PASSWORDS AND SECURITY

Certain Services require registration for an account in order to fully use the Website and the Content. Such users must be United States Residents that are 18 years of age or older. Persons under the age of 18 are not eligible to participate in such Services. If you are under the age of 18, you may only participate in the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. By accessing and using such Services, you represent and warrant that: (1) you are at least 18 years of age or are accessing or using the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use; (2) you are eligible to register and participate in such Services, including Lending Circles, Security Deposit, and MAF Programs; (3) all information that you submit to MAF in connection with the Services is true and correct; and (4) you will not use the Website, Content, or Services, directly or indirectly, for any fraudulent undertaking, illegal activity, or in any manner that is inconsistent with these Terms of Use or that would impair the rights of MAF.

When you register for an account, you agree to submit accurate and complete information and to update such information as required from time to time. You will be asked to select a personal, non-transferable password when you create an account. If you submit a request for a lost or forgotten username or password, you may be asked to provide information that MAF will use to confirm your identity. You are solely responsible for all activities or actions that occur in connection with your password-protected account. You are responsible for maintaining the confidentiality of your account password and agree not to disclose your password to any third party. You agree to notify MAF immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. You agree that MAF may send to you in electronic form any notices or other communications regarding the Website, Content, and Services and such electronic form will satisfy any legal requirements with respect to communications or notice.

CONSENT TO DO BUSINESS ELECTRONICALLY

Because MAF operates on the Internet, it is necessary for you to consent to transact business with MAF online and electronically. As part of doing business with us, therefore, MAF also needs you to consent to our giving you certain disclosures electronically, either via the Website or to the email address you provide to MAF during registration for the Services. By entering into this Terms of Use, you consent to receive electronically all documents, communications, notices, contracts, and agreements arising from or relating in any way to your or our rights, obligations or services under this Terms of Use (each, a “Disclosure”). The decision to do business with MAF electronically is yours. This document informs you of your rights concerning Disclosures.

Electronic Communications. Any Disclosures will be provided to you electronically through MAF either on our Website or via electronic mail to the verified email address you provided during registration for the Services. If you require paper copies of such Disclosures, you may write to MAF at the mailing address provided below and a paper copy will be sent to you.

Scope of Consent. Your consent to receive Disclosures and transact business electronically, and our agreement to do so, applies to any transactions to which such Disclosures relate.

Consenting to Do Business Electronically. Before you decide to do business electronically with us, you should consider whether you have the required hardware and software capabilities described below.

Hardware and Software Requirements. In order to access and retain Disclosures electronically, you must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet; a web browser which is SSL-compliant and supports secure sessions, or the equivalent software; and hardware capable of running this software.

Withdrawing Consent. You may withdraw your consent to receive Disclosures electronically by contacting MAF at the address below.

How to Contact MAF regarding Electronic Disclosures. You can contact MAF via email at [email protected] You may also reach MAF in writing at the following address: Mission Asset Fund, 3269 Mission St. San Francisco, CA 94110.

SMS Notifications Terms. MAF may communicate with you, with your prior consent, through text message to inform you about your participation in our programs, or to notify you about programs or services that might be of interest for you. You can cancel the SMS service at anytime. Just text “STOP” to the short code, or email us at [email protected] After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at [email protected] Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive up to 5 messages per month. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

You will keep MAF informed of any change in your email or home mailing address so that you can continue to receive all Disclosures in a timely fashion. If your registered email address changes, you must notify MAF of the change by sending an email to [email protected]

If you have any questions about these Terms of Use, please contact MAF at [email protected]

TERMINATION

If you violate any of these Terms of Use, your permission to use the Website, Content, and Services will automatically terminate. MAF reserves the right to revoke your access to and use of the Website, Content, and Services at any time, without cause. MAF also reserves the right to cease providing or to change the Website, Content, or Services at any time and without notice.

WARRANTY DISCLAIMER

THE WEBSITE, CONTENT, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MAF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MAF OR THROUGH THE WEBSITE, CONTENT, OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MAF MAKES NO WARRANTY THAT THE WEBSITE, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS, BE ACCURATE, COMPLETE, CURRENT OR TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE.

MAF DOES NOT WARRANT THAT THE WEBSITE, CONTENT, AND SERVICES ARE FREE OF DEFECTS, VIRUSES, MALFUNCTIONS, OR HARMFUL COMPONENTS THAT COULD DAMAGE OR ALLOW UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MAF IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED AT OR THROUGH THE WEBSITE, CONTENT, AND SERVICES OR BY YOUR RELIANCE ON SUCH INFORMATION OR IDEAS.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MAF NOR ITS AFFILIATES OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES (OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS) SHALL BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM THE WEBSITE, CONTENT, AND SERVICES OR THE USE, ATTEMPTED USE OR INABILITY TO USE THE WEBSITE, CONTENT, AND SERVICES, INCLUDING LOST REVENUE, LOST DATA, DAMAGED DEVICES OR OTHER INTANGIBLES, EVEN IF MAF HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOU AGREE THAT MAF’S TOTAL LIABILITY FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE ACTUAL TOTAL AMOUNT, IF ANY, RECEIVED BY MAF FROM YOU TO ACCESS THE WEBSITE, CONTENT, AND SERVICES OR, IF GREATER, $100. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

LINKS TO THIRD PARTY WEBSITES

The Website may contain links to third-party websites or resources. You acknowledge and agree that MAF is not responsible or liable for: (1) the availability or accuracy of such websites or resources; or (2) the content, information, products, or services on or available from such websites or resources. Links to such third-party websites or resources do not imply any endorsement by MAF of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge and agree that your access and use of such third party websites and resources is your sole responsibility and you assume all risk arising from your access and use of any such websites or resources.

SEVERABILITY

If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.

WAIVER

The failure of MAF to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

GOVERNING LAW; ARBITRATION

These Terms of Use are governed by the laws of the State of California, without regard to its choice of law or conflict of law provisions.

Any controversies, claims, counterclaims or other disputes arising between you and MAF relating to these Terms of Use or the Website, Content, and Services (each a “Claim”) shall be exclusively resolved by final and binding arbitration in San Francisco, California. The arbitration will be heard and determined by a single arbitrator and submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration provided for herein shall be in lieu of any civil action, and any decision resulting from such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

The cost of each arbitration proceeding, including without limitation the arbitrator’s compensation and expenses, meeting room charges, court reporter transcript charges, and similar expenses, shall be borne by the party whom the arbitrator determines has not prevailed in such proceeding, or borne equally by the parties if the arbitrator determines that neither party has prevailed.

Notwithstanding anything in these Terms of Use to the contrary, a party may, at any time, seek a temporary restraining order or a preliminary injunction from any court of competent jurisdiction in the County of San Francisco, California, in order to prevent immediate and irreparable injury, loss, or damage on a provisional basis, pending the decision of the arbitrator on the ultimate merits of any Claim.

Neither you nor MAF may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

THESE TERMS OF USE PROVIDE THAT ALL CLAIMS BETWEEN YOU AND MAF WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.

Should a Claim arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and us, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in the County of San Francisco, California.

INDEMNITY

You agree to indemnify, hold harmless, and release MAF, its subsidiaries, and its and their respective officers, directors, members, employees, agents, representatives (and their respective successors and assigns) from and against any and all claims, damages, costs, and expenses, including, but not limited to, reasonable attorney’s fees, arising from or related to: (i) your access, use, attempted use, inability to use or misuse of the Website, Content or Services; (ii) your violation of any terms of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property or privacy right; or (iv) any claim that your use of the Website, Content or Services caused damage to a third party.

AGREEMENT

These Terms of Use are the entire and exclusive agreement between MAF and you with respect to the Website and the Content. These Terms of Use shall be subject to any other agreements you have entered into with MAF that govern your participation in the Services, including Lending Circles, Security Deposit, and Resources Match.