Last updated October 23, 2013
PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE BEFORE USING THIS WEBSITE. These Terms of Service describe the online information practices and expectations of National Community Investment Fund (“NCIF”) in the context of its website, applications, and other products or services of NCIF (collective, the “Website”).
1. User Conduct
You agree to refrain from engaging in unlawful or otherwise harmful actions while using the Website, including, without limitation:
i.) Harassing, threatening, embarrassing, or causing distress or discomfort upon another individual or entity, impersonating any other person or entity, or otherwise restricting or inhibiting any other person from using or enjoying the Website;
ii.) Interfering with or infringing the patents, copyrights, trademarks, service marks, logos, confidential information, trade secrets, or intellectual property rights of others;
iii.) Using any automated device, spider, robot, crawler, data mining tool, software, or routine to access, copy, or download any part of the Website, unless expressly permitted by NCIF;
iv.) Taking any action creating a disproportionately large usage load on the Website, unless expressly permitted by NCIF;
v.) Engaging in disruptive or damaging activities while using the Website, including excessive use of scripts, sound waves, scrolling, or use of viruses, bots, worms, time bombs, Trojan horses, or any other destructive element;
vi.) Gaining or attempting to gain unauthorized access to non-public, private, or subscription-based areas of the Website;
vii.) Attempting to: decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up all or any part of the Website; modify any meta data, copy or duplicate in any manner any of the content; frame of or link to the Website, its content or information available from the Website (except as provided in Section 6 below); use any data mining or extraction; interfere with or inhibit any portion of the Website, including any other user’s use of any part of the Website.
viii.) Using the Website in any way that violates or causes or results in a violation of any law or regulation;
ix.) Using the Website to engage in or assist another individual or entity to engage in fraudulent, abusive, manipulative, or illegal activity; and
x.) Using the Website for any commercial use and benefit, including, without limitation, any resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity.
Please report any violations of these Terms to: email@example.com.
You agree to comply with all applicable laws, statutes, regulations, and ordinances concerning your use of the Website.
2. Further Restrictions on Use
IN ADDITION TO WHAT IS CONTAINED IN SECTION 1 ABOVE, YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE NOT TO COPY, REPRODUCE, DECOMPILE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE WEBSITE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE WEBSITE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU COMPLY WITH AND RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. THE ANALYSIS AND PRESENTATION INCLUDED IN THE WEBSITE MAY NOT BE RECIRCULATED, REDISTRIBUTED OR PUBLISHED BY YOU WITHOUT NCIF’S PRIOR WRITTEN CONSENT. ADDITIONALLY, YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE NOT TO OFFER ANY PART OF THE WEBSITE FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM, INCLUDING, WITHOUT LIMITATION, TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK, DIGITAL VIDEO, STREAMING, YOUTUBE, OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF NCIF. THE WEBSITE AND THE INFORMATION CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND, NOR MAY THE WEBSITE BE STORED (IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY OR TO DISTRIBUTE ANY DATABASE WEBSITES CONTAINING ALL OR PART OF THE WEBSITE. YOU FURTHER UNDERSTAND, ACKNOWLEDGE, AND AGREE NOT TO USE THE WEBSITE IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. YOU WILL NOT USE THE WEBSITE OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL.
3. User Consent to Terms and Conditions of Service.
NCIF may, in its sole discretion, refuse to offer the Website to any person or entity. You hereby affirm, represent, and warrant that you: (1) are at least eighteen (18) years of age or otherwise have the consent of a parent or legal guardian to consent to these Terms and to use the Website (and all of your actions with respect to and in connection with the Website); (2) are legally entitled, permitted, and able to freely consent to enter into the Terms, conditions, obligations, affirmations, representations, covenants, provisions, and warranties set forth in these Terms; and (3) will abide by and comply with these Terms. Any failure to abide by or comply with any part of the Terms may result in the suspension or termination of your use of the Website, deletion of your NCIF account, and may subject you to civil or criminal liability.
4. Copyright and Other Intellectual Property Rights; User Content; License
(a) Copyright and other Intellectual Property Rights. All materials on the Website, including without limitation, logos, images, text, illustrations, audio and video files, graphics, images, illustrations, designs, icons, photographs, video clips, and written and other materials, as well as their selection and arrangement are protected by copyrights, trademarks, service marks, trade dress, and/or other proprietary rights which are either owned by or licensed to the NCIF or owned by other parties who have used and posted on the Website (or allowed NCIF to do the same). Materials from the Website and from any other web site owned, operated, controlled, or licensed by NCIF may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Except as expressly stated otherwise, NCIF does not grant any express or implied rights or license for you to use these proprietary materials. By using the Website and agreeing to these Terms, you agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or otherwise infringe any intellectual property rights of NCIF (and/or that of its or its affiliates, owners, agents, directors, officers, employees, representatives, sponsors, suppliers, or partners), or participate in any attempts to do the same.
(b) User-Provided Content. By uploading files, inputting data, or submitting content through the Website (including, without limitation, on the Conference Panelist Information and the Success Story Collection Questionnaire portions of the Website), you are granting NCIF a royalty-free, irrevocable, transferable, perpetual, non¬exclusive, unrestricted, worldwide license to (i) use, copy, sublicense (through multiple tiers), adapt, edit, modify, translate, reformat, distribute, transmit, publicly perform, display, reproduce or create derivative works in any form of media or technology now known or later developed or invented, and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted. You understand, acknowledge, and agree that that NCIF shall have the right to record, reproduce, and/or use by any means whatsoever (collectively, “Use” or “Uses”) all materials including, without limitation, all audio, video, photographs or other visual, pictorial, or textual materials supplied by you to NCIF and/or the Website (the “Supplied Elements”) and/or all materials including, without limitation, all photographs or other visual, pictorial, or textual materials captured and/or collected by NCIF on its own, including, without limitation, in connection with the Website or for the purposes of any conference, symposium, or other event NCIF hosts, organizes, or participates in (the “Materials”). You further understand, acknowledge, and agree that the Supplied Elements and Materials may depict or contain information, including, without limitation, your name, photograph, likeness, physical appearance, or other facts about you. Except as provided in any other agreement(s) you may have with NCIF (including, without limitation, any agreement relating to any any conference, symposium, or other event NCIF hosts, organizes, or participates in (or those of its affiliates)), you hereby grant NCIF the right to Use and to authorize others to Use in perpetuity (i.e., forever) throughout the universe the Supplied Elements and Materials. Except as provided in any other agreement(s) you may have with NCIF (including, without limitation, any agreement relating to any any conference, symposium, or other event NCIF hosts, organizes, or participates in (or those of its affiliates)), you further understand, acknowledge, and agree that NCIF shall have the exclusive right to edit, modify, add to, juxtapose, and/or delete the Supplied Elements and/or Material, or any part thereof. NCIF may, but is not obligated, to Use the Supplied Elements and/or the Materials in connection with the Website. Except as provided in any other agreement(s) you may have with NCIF (including, without limitation, any agreement relating to any any conference, symposium, or other event NCIF hosts, organizes, or participates in (or those of its affiliates)), you consent to, waive, and release any claims and rights that you might have to review, inspect, edit, or approve any Use of the Supplied Elements or Use of the Materials or the nature or content of any Use of the Supplied Elements or Use of the Materials. You also represent and warrant that such Supplied Elements are wholly original and are not copied in whole or in part from any other work and do not infringe upon any statutory or common law, copyright, right of publicity, right of privacy, proprietary right, or any other right of any person, firm, or corporation and that you have the full power and authority to grant the rights herein granted to NCIF. NCIF shall own all rights in any and all Uses of the Supplied Elements and any and all Uses of the Materials it has made (including, without limitation all copyrights) and may obtain, in its name, or otherwise, a copyright therefor of or including any or all aspects of the Supplied Elements and/or Material. You represent and warrant that all the Supplied Elements are free and clear of any rights held by any other individual or entity and may be exploited consistent with the terms hereof.
(c) Posting. You acknowledge, understand, consent to, and agree that anything you submit on the Website (including, without limitation, on the Conference Panelist Information and the Success Story Collection Questionnaire portions of the Website) may be publicly available on the Internet and/or stored on NCIF’s servers and accordingly you have no expectation of privacy with regard to such use of the Website. “Post” or “posting” shall mean reproducing or placing in a format so that content or information may be viewed on the Website. You understand, acknowledge, and agree that all content contained in any submission is subject to NCIF’s approval. You hereby understand, acknowledge, and agree that NCIF, in sole discretion, may refuse to post any content you submit for any reason or no reason at all. You further understand, acknowledge, and agree that, if NCIF refuses to post any content you submit, you have no recourse and hereby waive any that you may have had. You further acknowledge, understand, consent to, and agree that such postings for are for the public and not intended as private communications. You make such disclosures at your own risk. If a posting comes from your account, you agree to abide by these standards: (1) the posting does not interfere with anyone else’s use or enjoyment of the Website; (2) the posting is not harmful, illegal (or encourage illegal activity), defamatory, offensive, or otherwise threatening in any way; (3) the posting does not violate anyone else’s intellectual property right or privacy right; (4) the posting does not contain a virus or any other harmful component; or (6) the posting is not premised on false or misleading statements of fact or descriptions. If you believe that your account has been compromised and that another person has posted on your account without your permission, please notify NCIF immediately by emailing firstname.lastname@example.org. You hereby grant NCIF a non-exclusive, perpetual, worldwide license to anything you post on the Website.
(d) Confidentiality. NCIF will seek consent before attributing data or content to any individual or institution. NCIF will not publish content that is confidential by federal, state, or local law, rule, or regulation or otherwise deemed confidential by appropriate authority (for example, without limitation, annual borrower-specific lending data from banks or other private lending information). However, NCIF has the right to aggregate, report, and publish summary statistics on confidential data provided that these summary statistics do not identify the individual source or otherwise violate specific confidentiality restrictions.
(e) License. NCIF grants you a non-exclusive, non-transferable, revocable limited license to access and use the Website and materials contained therein, subject to and in accordance with these Terms. Should you choose to download or print content from the Website, you must do so in accordance with the Terms. As noted in Section 2 above, such download is licensed to you by NCIF ONLY for your own personal, noncommercial use in accordance with the Terms and does not transfer any other rights to you. NCIF reserves the right to temporarily or permanently revoke your license to the Website for any violation of these Terms.
5. Notification of Infringement
If you believe that another user’s Use of or interaction with the Website constitutes copyright infringement, please provide the following information to NCIF:
i.) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
ii.) A description of the copyrighted work that you claim has been infringed;
iii.) A description of where the material that you claim is infringing is located on the Website;
iv.) Your name, address, telephone number and e-mail address;
v.) A signed 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 that the infringing material is not a fair use of the copyrighted material; and
vi.) A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our copyright agent can be reached as follows:
National Community Investment Fund
Attn: Copyright Agent
135 S. LaSalle St., Suite 135
Chicago, IL 60603
By Phone: 312-881-5841
By Fax: 312-662-6100
Email: email@example.com (please put “Copyright Infringement” in the subject line)
NCIF may, under appropriate circumstances and at NCIF’s sole right and discretion, remove content, disable access, and/or terminate the accounts of users.
6. Links; Linking and Framing
(a) Links. You understand, acknowledge, and agree that NCIF has no control over and is not responsible for the content of or claims made by websites, hyperlinks, or other services that may be linked to or from the Website, whether or not they may be affiliated with NCIF. You understand, acknowledge, and agree that any other websites linked to or from the Website are for the user’s convenience only. You access them at your own risk.
(b) Linking and Framing. You may include a hyperlink(s) associated with the Website to other Internet websites, provided that, under no circumstances, may you link any hyperlink(s) associated with the Website to any site containing, suggesting, or encouraging profane, defamatory, infringing, discriminatory, or otherwise inappropriate or unlawful material or information. Additionally, you may not use, frame, or utilize framing techniques to enclose any portion of this Website (including the images found at this Website or any text or the layout/design of any portion of it), without the expressed written consent of NCIF. By using the Website and agreeing to be bound by the Terms, you further understand, acknowledge, consent to, and agree that if NCIF discovers that another user took any aforementioned actions, NCIF is authorized to discipline you for any violation of this Confidentiality provision, including, without limitation, by terminating or suspending your access to the Website (and/or any portion or area thereof) and/or taking civil or criminal legal action against you. As provided in Section 14 (below), and in addition thereto, you further agree to defend, hold harmless, and indemnify NCIF for any claims (or alleged claims), allegations, or causes of actions against NCIF arising from, relating to, or in connection with any linking or framing activities you may engage in. By using the Website and agreeing to the Terms, you waive and release any rights you may have to bring a claim, allegation, or cause of action arising from, relating to, or in connection with any linking or framing activities you may engage in.
8. Subscription, Registration and Account Creation.
As part of your use of the Website, you may be required to create an account with NCIF and the Website, which includes, but is not limited to, selecting a username and a password. You agree to maintain only one account with the Website at any time. NCIF offers both a paid and unpaid portions of the Website. You understand, acknowledge, and agree that if you chose not to subscribe to the paid portion of the Website, you cannot access the content, information, and material contained in the paid portion of the Website. NCIF reserves the right to grant or deny subscription, registration, and account creation to any party. In the event that NCIF does not approve a request, any payment made will be returned in full. NCIF reserves the right to deny creation of your account based on NCIF’s inability to verify the authenticity of your registration information.
NCIF does allow multiple users per account provided that those users are all staff members of the same company or organization. NCIF does not allow users to share account access or information with person outside of the subscriber’s company or organization. After opening an account with NCIF for the Website (i.e. creating and registering a username and password), you accept all responsibility for any activity that occurs while logged into your account—regardless of whether you or any other person is actually the one using your account. You understand, acknowledge, and agree that you alone are responsible for making sure that your account information including your username and password is kept secure and safe. You shall be solely responsible for maintaining the confidentiality of your password. You are fully responsible for all usage or activity or content provided through your NCIF account, including but not limited to use by any third party authorized by you to use your account. If you believe that your account has been compromised, please notify NCIF immediately by emailing firstname.lastname@example.org. Notwithstanding anything contained herein, NCIF reserves the right to pursue any and all claims against any user of your account.
As described in Section 15 below, NCIF reserves the right to terminate your account, in its sole discretion, at any time without notice. You may terminate your account at any time by contacting email@example.com. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your account will be terminated. Subscription fees are for one full year from date of account activation. No refunds will be given for “unused” portions of your subscription period. Please note that such requests may take up to ten (10) days to become effective.
9. Free Trials and Billing.
(a) Free Trials. From time to time, NCIF may offer access to our paid content through a free trial. You must register an account with the NCIF’s financial institutional subcontractor PayPal to redeem a free trial offer. At the end of any free trial period, you will no longer have access to our paid content.
(b) Billing. By subscribing to a the Website, you are expressly agreeing that PayPal, on behalf of NCIF, is permitted to bill you the posted subscription fee, any applicable tax and any other charges you may incur in connection with your use of the Website. “Billing” shall denote a charge against the payment means you provide PayPal. You represent and warrant that you are legally entitled to use the payment means for these purposes. The subscription fee will be billed at the beginning of your subscription. Your subscription period shall expire one (1) year after the date on which it began. Once your subscription expires, and unless you renew your subscription, you will no longer have access to our paid content. There will be no refunds or credits for partially used periods, unless required by applicable federal, state, or local law. If you want to make any change to your payment means, you may edit this information on the PayPal. If a charge is denied for any reason, Subscription fees are subject to change. In the event of a change in any subscription fee, a notice regarding the subscription fee change will he posted on the Website or you will be sent an email prior to the effective date of the fee change. It is solely your responsibility to check from time to time for any such notices. NCIF shall have the right to terminate or suspend your subscription and your access to the paid portions of the Website.
NCIF assumes no responsibility for the accuracy, currency, completeness or usefulness of information, views, opinions or advice in any material provided by users or from NCIF partners or affiliates that is contained on the Website. In addition, NCIF does not endorse any opinions or recommendations posted by users or from NCIF partners or affiliates. Any user who violates the Terms may be temporarily or permanently banned from using the Website. You understand that all messages, advertisements, photos, sounds, images, text, files, video, or other materials (collectively “Content”) transmitted through or linked from the Website (including, without limitation, any such Content provided by users or from NCIF partners or affiliates), are solely the responsibility of the source from whom such Content originated or if the individual(s) from whom prior authorization was provided. You understand that NCIF does not control, and is not responsible for Content available on the Website. You agree that NCIF, in its sole discretion, shall have the right, but not the obligation to remove, move, refuse, edit or delete any Content for any reason whatsoever, including, without limitation, that the Content is unlawful, false, misleading, harmful, threatening, abusive, invasive of another’s privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation. NCIF shall not be responsible for any interaction between you and any other party through or in connection with the Website. Your dealings with others through the Website are solely between you and such other parties. Under no circumstances will NCIF be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. NCIF reserves the right to discipline its users by any means available to it for inappropriate use of the Website, including, without limitation, for providing information that is unlawful, false, misleading, harmful, threatening, abusive, invasive of another’s privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation.
In the event that you are involved in a legal dispute (including, without limitation, threatening, being threatened, or engaging in litigation) with any third party in connection with your use of the Website, you understand, acknowledge, and agree that NCIF is under no obligation to become involved in any way, except as required by law. You agree to release NCIF from any and all claims, demands, and damages arising out of or in connection with such dispute. You further agree to defend, hold harmless, and indemnify NCIF for any claims (or alleged claims), allegations, or causes of actions against NCIF relating or arising out any dispute you may have with any user of the Website.
You are entirely responsible and liable for any Content you send or that is sent through your user account.
YOU HEREBY CONSENT TO, WAIVE, RELEASE, AND AGREE TO DEFEND, HOLD HARMLESS, AND INDEMNIFY NCIF, its vendors, subcontractors, licensors, and licensees, from and against any and all claims and causes of action which you may have now or may have later, or any of your heirs, executors, administrators, personal representatives, assigns or successors may have at any time in the future, including, without limitation, claims (or alleged claims), assertions, allegations, or causes of actions for infringement of rights of publicity or misappropriation, false light, trespass to person or property, breach of any alleged contract (whether the alleged contract is verbal or in writing), allegedly unfair or deceptive business or trades practices, copyright or trademark infringement, violations of Section 43(a) of the Lanham Act, tortious interference with any contractual relations, intentional or negligent interference with prospective economic advantage, invasion of privacy, defamation, personal injury (including, without limitation, intentional and negligent infliction of emotional distress), death, property damage or destruction or any other claims (or alleged claims), assertions, allegations, or causes of actions arising out your use of the Website.
Except as provided herein, NCIF does not offer any credits or refunds, under any circumstance, in connection with your use of the Website.
You understand, acknowledge, consent to, and agree that NCIF may access, preserve and disclose your account information and Content you upload, send, or otherwise make available on the Website if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) comply with legal requirements imposed by Federal, State or Local law or authorities (iii) enforce these Terms; (iv) respond to claims that any content violates the rights of third parties; (v) respond to your requests for customer service; or (vi) protect the rights, property or personal safety of the Website, its users and the public.
You understand, acknowledge, and agree that, by using the Website, you absolve and release NCIF from any claim of harm resulting from any cause beyond NCIF’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telecommunications or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, Acts of God, strikes or other labor problems, wars, or governmental restrictions.
11. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IN ANY WAY OR TO ANY EXTENT IS AT YOUR OWN RISK. NCIF SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THE WEBSITE (AND/OR ANY AND ALL PORTIONS OR AREAS THEREOF). NCIF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NCIF MAKES NO WARRANTY THE WEBSITE (AND/OR ANY AND ALL PORTIONS OR AREAS THEREOF OR INFORMATION OR CONTENT THEREIN) WILL BE UNINTERRUPTED, TIMELY, SECURE, WITHOUT DEFECT OR ERROR FREE. THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NCIF MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS.
YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12. No Trading or Investment Advice
The information contained on the website is provided for informational purposes only. You understand, acknowledge, and agree that the Website and NCIF do not recommend any investment and that any mention of a bank or investment on the Website does not constitute any such recommendation regarding any security, financial product or investment. You further understand, acknowledge, and agree that neither the Website nor NCIF offer or provide tax, legal or investment advice. You further understand, acknowledge, and agree that the Website and NCIF do not offer or provide any investment advice or opinion regarding any financial product or bank. You further understand, acknowledge, and agree that any investment decisions you may make are solely on your evaluation of your financial circumstances, investment objectives, risk tolerance, financial condition, and liquidity needs. NCIF is in no way responsible for the accuracy or usefulness of any information contained or transmitted on the Website, and shall not be responsible or liable for any trading or investment decisions you make, including, without limitation, any such decision you make based on such information on the Website. Any information on the Website may be compiled from other services or providers and does not reflect the opinions of NCIF, its partners, subsidiaries, parent companies, or affiliates.
13. Limitation of Liability
The Website may contain errors and are subject to periods of interruption. While NCIF does its best to maintain the information, services and products it offers on the Website, it cannot be held responsible for any errors, defects, lost profits or other consequential damages arising from the use of the Website.
EXCEPT AS PROHIBITED BY LAW, AND IN ADDITION TO THE PROVISIONS, COVENANTS, TERMS, CONDITIONS, AND AGREEMENTS CONTAINED IN THE RELEASE SECTION ABOVE, IN NO EVENT SHALL NCIF OR ITS AFFILIATES, OWNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SPONSORS, SUPPLIERS, OR PARTNERS (COLLECTIVELY “INDEMNIFIED PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM OR IN ANY WAY CONNECTED OR RELATING TO (i) THE USE OF (OR INABILITY TO USE), OR PERFORMANCE OF THE WEBSITE , (ii) ANY INFORMATION, WEBSITE , OR PRODUCTS PROVIDED THROUGH THE WEBSITE , OR (iii) ANY INTERACTION BETWEEN YOU AND OTHER USERS AND/OR THIRD-PARTIES OF THE WEBSITE, EVEN IF ANY OF THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACCEPT ALL RESPONSIBILITY FOR, AND HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST, ANY ACTIONS TAKEN BY YOU OR BY ANY PERSON AUTHORIZED TO USE YOUR ACCOUNT, INCLUDING WITHOUT LIMITATION, DISCLOSURE OF PASSWORDS TO THIRD PARTIES. AS PROVIDED IN SECTION 14 (BELOW), AND IN ADDITION THERETO, BY USING THE WEBSITE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY AND ALL LIABILITY REGARDING YOUR USE OF THE WEBSITE OR PARTICIPATION IN ANY OF NCIF’S ACTIVITIES.
IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR DO NOT AGREE WITH THESE TERMS, YOUR ONLY RECOURSE AND EXCLUSIVE REMEDY SHALL BE TO STOP USING THE WEBSITE.
If, regardless of these Terms (including, without limitation, this Limitation of Liability section), NCIF is found liable to you for any damage, including, without limitation, any damage arising from or in connection with the Website, NCIF’s liability shall, under no circumstances and in no event, exceed $1.00. The foregoing limitation may not apply to you in jurisdictions that do not provide for limitations of liability.
If you are a California resident, you waive any rights you may have under California Civil Code § 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
IN ADDITION TO THE PROVISIONS, COVENANTS, TERMS, CONDITIONS, AND AGREEMENTS CONTAINED IN THE RELEASE AND LIMITATION OF LIABILITY
SECTIONS ABOVE, you understand, acknowledge, and agree to, at your own expense, indemnify, defend and hold harmless NCIF, its officers and employees, general partners, affiliates, subsidiaries, successors and assigns, against any claim, suit, action or other proceeding, to the extent that such claim, suit, action or other proceeding is based on or arises in connection with the Website, or any links on the Website, including, but not limited to: (i) your use of the Website in violation of the Terms; (ii) your infringement, misappropriation or other violation of any intellectual property right, any right of personality or publicity, or any duty of confidentiality owed to any third party hereunder; (iii) any content provided by you; (iv) any misrepresentation or breach of representation or warranty made by you contained herein; (v) any breach of any covenant or agreement to be performed by you. You further understand, acknowledge, and agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from the foregoing. NCIF reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with NCIF in asserting any available defense. You understand, acknowledge, and agree to pay NCIF’s reasonable attorney fees incurred in connection with any and all lawsuits brought against you by NCIF under the Terms and any other terms and conditions of service of the Website or any successor site, in which NCIF prevails, including without limitation, lawsuits arising from your failure to indemnify NCIF pursuant to the Terms.
15. Termination of Access
NCIF has the right terminate or suspend your access to the Website and/or any portion or area thereof, indefinitely or for a specific period of time, for any reason, including, without limitation, if NCIF believes you have violated these Terms in any manner. You further understand, acknowledge, and agree that the determination of whether to terminate or suspend your access to the Website is within the sole right and discretion of NCIF. You understand and acknowledge that all decisions of NCIF whether to terminate or suspend your access to the Website and/or any portion or area thereof may not be appealed or challenged, including, without limitation, in a court of competent jurisdiction, and you hereby waive and release any right that you may have to do so. You agree not to hold NCIF liable for such termination, and further agree not to attempt to use the Website after termination (in the case of termination) or until after your period of suspension (in the case of suspension).
16. No Third Party Beneficiaries
You agree that, except as otherwise provided in these Terms, there shall be no third party beneficiaries to these Terms.
17. Jurisdiction and Choice of Law
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Illinois without regard to its choice of law provisions. Any action you or any third party may bring to enforce these Terms, or in connection with any matters related to the Website thereof, shall be brought only in the United States District Court for the Northern District of Illinois (specifically, the Eastern Division, located in Chicago, Illinois) or the Circuit Court of Cook County, Illinois, and you expressly consent to the jurisdiction of said courts. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
18. International Use; Export Control
(a) International Use. The Website are located and hosted within the United States and are intended for and directed to users in the United States. If you use or access the Website internationally, in a jurisdiction where the laws or regulations differ from United States laws, including, without limitation, those laws and regulations relating to privacy, data collection and use, and disclosure, you hereby understand, acknowledge, and agree that your use of the Website is governed by United States law. You further consent to jurisdiction within the United States (as provided by the Jurisdiction and Choice of Law section above), and waive and release any right you may have to apply the laws of any other jurisdiction or nation. You hereby understand and acknowledge that, by using the Website, you are transferring your personal information to the United States, and you consent to that transfer.
(b) Export Control. The products, services, and other materials NCIF makes available through this Website are available globally, and are subject to United States export controls. Access to these products, services, and materials from countries where their content or use is illegal is strictly prohibited. Software and publications from or related to the Website are subject to United States export controls and may not be downloaded, exported, or re-exported: (i) into (or to a national or resident of) any other country with respect to which the U.S. maintains a trade embargo; or (ii) to anyone on or acting on behalf of the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Persons List or Entities List. By downloading or using such software, you represent and warrant that you are not (i) located in or a national or resident of any such country or (ii) on any such list or acting on behalf of any person or entity on any such list.
You understand, acknowledge, and agree that if any provision of these Terms shall be found to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. You further understand, acknowledge, and agree that, if any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.
NCIF’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by NCIF.
The failure of NCIF to exercise or enforce any right or provision of the Terms shall not
constitute a waiver of such right or provision. No waiver by NCIF of any right under the Terms will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
22. Note on Policy on Use by Children
The Website is directed and intended to be used by people who are thirteen (13) years or older. If are concerned or believe that your child has provided NCIF information without your consent (including, without limitation, registered an account for the Website without your consent), please contact us at firstname.lastname@example.org (Please note in the subject line of the email “Children Use”). NCIF does not knowingly collect personal information from children under 13. NCIF will remove personal information it later becomes aware was furnished by a child under the age of 13 (who does not have parental consent) and terminate the associated account.
Please report any violations (or suspected violations) of these Terms to: email@example.com.
24. Contact Us.
To contact us, please email firstname.lastname@example.org or write to the following address: National Community Investment Fund, 135 S. LaSalle St. Suite 135, Chicago, IL 60603.