Updated October 2020
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.
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
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
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
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@example.com. 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 firstname.lastname@example.org. 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@example.com. 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 firstname.lastname@example.org.
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.
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.
GOVERNING LAW; ARBITRATION
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.
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.
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.