Terms of Use Agreement

Updated March 2014

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 services provided through MAF or the Website, including without limitation Lending Circles, Lending Circles for Citizenship, Lending Circles for Dreamers, Security Deposit Loan Program, , and Resources Match (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, including MAF’s Privacy Policy, incorporated herein by reference and agree to comply with all applicable laws and regulations. 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. All revisions are effective upon posting. By continuing to access or use the Website, Content, or Services after MAF makes any such revision, you agree to be bound by the revised Terms of Use. 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 for information and notices concerning MAF’s collection and use of your personal information.

 

COPYRIGHTED MATERIAL

All right, title, and interest in and to the Website, Content, and Services are the exclusive property of MAF and its licensors. The Website, Content, and Services are protected by copyright, trademark, and other laws of both the United States and foreign 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, “mirror” any material contained on this Website on any other server.

 

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”, are trademarks and the sole property of MAF (the “MAF Marks”). MAF marks may not be used in connection with any product, service or program that is not MAF’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MAF.

 

COPYRIGHT COMPLAINTS

MAF respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide MAF’s copyright agent the following information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material you claim is infringing is located on the Website;
• 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; and
• 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 duly authorized to act on the copyright owner’s behalf.

Please send notifications of claimed infringement to MAF’s copyright agent at:

Mission Asset Fund
Chief Executive Officer
1470 Valencia St, San Francisco CA 94110
info@missionassetfund.org

 

ACCEPTABLE USE

You may access and use the Website, Content and Services for your personal, noncommercial use, subject to these Terms of Use and applicable law. The Website, Content, and Services may not be accessed or used by for any purpose, commercial or otherwise, except as specifically provided for in these Terms of Use or 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:
• Post, publish or transmit any text, graphics, or material that: (1) is false or misleading; (2) is defamatory; (3) invades another’s 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;
• Access, tamper with, or use non-public areas of the Website, MAF’s computer systems, or the technical delivery systems of MAF’s providers;
• Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
• Attempt to access or search the Website, Content, or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by MAF or other generally available third party web browsers (such as Microsoft Internet Explorer, Netscape Navigator, Mozilla Firefox, or Apple Safari);
• Send unsolicited email, junk mail, “spam”, or chain letters, or promotions or advertisements for products or services;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Website, Content or Services to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer 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, 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 shall have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and website security issues, to the fullest extent of the law. MAF may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use.

You acknowledge that MAF has no obligation to monitor your access to or use of the Website, Content, and Services, but has the right to do so for the purpose of operating the Website and Services, 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.

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.

 

YOUR ACCESS AND USE OF THE WEBSITE, CONTENT AND SERVICES

MAF authorizes you to download, view, and print a single copy of any Content, solely for your personal and noncommercial purposes, subject to the restrictions set forth in these Terms of Use.

You are responsible for safeguarding the password that you use to access any secure areas of the Website. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You agree to immediately notify MAF of any unauthorized use of your password.

Your access to and use of the Website, Content, and Services is at your own risk. MAF will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website, Content, or Services.

 

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”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MAF EXPLICITLY DISCLAIMS ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

MAF MAKES NO WARRANTY THAT THE WEBSITE, CONTENT, OR SERVICES WILL MEET YOUR EXPECTATIONS, NEEDS OR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MAF MAKES NO WARRANTY REGARDING THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, OR INFORMATION RECEIVED, PURCHASED OR OTHERWISE OBTAINED THROUGH THE WEBSITE, CONTENT OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE, CONTENT OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MAF OR THROUGH THE WEBSITE, CONTENT, OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

LIMITATION OF LIABILITY

YOU UNDERSTAND THAT ANY AND ALL DECISIONS MADE BY YOU WITH RESPECT TO THE WEBSITE, CONTENT, AND SERVICES ARE YOURS ALONE. IN NO EVENT SHALL MAF, OR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUBSIDIARIES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF WEBSITE, CONTENT, OR SERVICES, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, CONTENT OR SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF MAF’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION, DELAY OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, CONTENT, OR SERVICES, (5) ANY COMPUTER BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS OF ANY KIND OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE WEBSITE, CONTENT OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MAF IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT MAF SHALL NOT BE LIABLE FOR THE CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU AGREE THAT THE AGGREGATE LIABILITY OF MAF TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE WEBSITE, CONTENT, AND SERVICES IS LIMITED TO THE AMOUNTS YOU HAVE ACTUALLY PAID OR OTHERWISE CONTRIBUTED TO MAF. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MAF AND YOU. IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, YOU AGREE THAT MAF’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
MAF IS NOT RESPONSIBLE FOR YOUR INTERACTIONS WITH ANY OF MAF’S AFFILIATES, PARTNER ORGANIZATIONS, ANY PARTICIPANTS IN THE SERVICES, OR ANY OTHER PERSON. ANY DISPUTES OR DAMAGES THAT MAY RESULT FROM SUCH INTERACTIONS ARE YOUR SOLE RESPONSIBILITY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

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 AND DISPUTE RESOLUTION

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. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in San Francisco County, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
You agree that you will notify MAF in writing of any claim or dispute concerning or relating to the Website, Content and Services, and give MAF a reasonable period of time to address it before bringing any legal action, either individually, as a class member or representative, or as a private attorney general, against MAF.

 

INDEMNITY

You agree to defend, indemnify and hold harmless MAF, its officers, directors, employees, agents, and affiliates, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Website, Content, or Services, or your violation of these Terms of Use.

 

REPRESENTATION OF USERS

Users of the Website, Content, and/or Services 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 the offerings on the Website.
By accessing and using the Website, Content, and/or Services, you represent and warrant that: (1) you are at least 18 years of age; (2) you are eligible to register and participate in the offerings on the Website, including Lending Circles, Security Deposit, and Resources Match; (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.

 

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.

 

CONSENT TO DO BUSINESS ELECTRONICALLY

Because MAF operates on the Internet, it is necessary for you to consent to transact business with us online and electronically. As part of doing business with us, therefore, we also need you to consent to our giving you certain disclosures electronically, either via the Website or to the email address you provide to us. 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 us 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. If you require paper copies of such Disclosures, you may write to us 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, such as [Internet Explorer 5.0] or above and [Netscape Navigator 6.0] or above, or the equivalent software; and hardware capable of running this software.
Withdrawing Consent. You may withdraw your consent to receive Disclosures electronically by contacting us at the address below. If you have already purchased one or more loans, all previously agreed to terms and conditions will remain in effect, and we will send Disclosures to your verified home address provided during registration.
How to Contact Us regarding Electronic Disclosures. You can contact us via email at info@missionassetfund.org. You may also reach us in writing at the following address: Mission Asset Fund, 1470 Valencia St. San Francisco, CA 94110.

You will keep us 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 us of the change by sending an email to info@missionassetfund.org. You also agree to update your registered residence address and telephone number on the web site if they change.

You will print a copy of this Agreement for your records and you agree and acknowledge that you can access, receive and retain all Disclosures electronically sent via email or posted on the Website.

If you have any questions about these Terms of Use, please contact MAF at info@missionassetfund.org.