Updated March 2014
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.
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
Attn: Chief Executive Officer
3269 Mission St, San Francisco CA 94110
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
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
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.
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.
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 AND DISPUTE RESOLUTION
REPRESENTATION OF USERS
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. 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 [email protected] You may also reach us in writing at the following address: Mission Asset Fund, 3269 Mission 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 [email protected] 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.