Last Updated: [Jan. 12, 2017]
This Policy describes the information that we gather from you on the Service, how we use and disclose such information, and the steps we take to protect such information. By using the Service, you consent to the privacy practices described in this Policy.
This Policy is incorporated into and is subject to the Opportunity Fund Terms of Service. Capitalized terms used but not defined in this Policy have the meaning given to them in the Opportunity Fund Terms of Service.
The information we collect on the Service:
- User-provided Personal Data. When you use the Service, you may provide and we may collect what is generally called personally identifiable information, or personal information, which is information that specifically identifies an individual. For the purposes of this Policy, we refer to such information as “Personal Information.” Examples of Personal Information include your name, email address, mailing address, phone number, social security number, bank routing numbers and other billing information. Personal Information also includes other information, such as date of birth, geographic area, or preferences, when any such information is linked to information that identifies a specific individual. You may provide us with Personal Information in various ways on the Service. For example, you provide us with Personal Information when you register for an account, use the Service, make a purchase on the Service, or send us customer service-related requests.
- Cookies. When you use the Service, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your device. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Service. Please review your web browser “Help” file to learn the proper way to modify your cookie settings. Please note that if you delete, or choose not to accept, cookies from the Service, you may not be able to utilize the features of the Service to their fullest potential.
- Automatically Collected Information. We may also automatically record certain information from your device by using various types of technology, including “clear gifs” or “web beacons.” This automatically collected information may include your IP address or other device address or ID, web browser and/or device type, the features of the apps you use, the web pages or sites that you visit just before or just after you use the Service, the pages or other content you view or otherwise interact with on the Service, and the dates and times that you visit, access, or use the Service. We also may use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on, or forwarded a message. This information is gathered from all users, and may be connected with your Personal Information.
- Third Party Web Beacons and Third Party Buttons. We may also implement third-party content or advertising on the Service that may use clear gifs or other forms of web beacons, which allow the third-party content provider to read and write cookies to your browser in connection with your viewing of the third party content on the Service. Additionally, we may implement third party buttons (such as Facebook “like” or “share” buttons) that may allow third parties to collect information about you through such third parties’ browser cookies, even when you do not interact with the button. Information collected through web beacons and buttons is collected directly by these third parties, and Opportunity Fund does not participate in that data transmission. Information collected by a third party in this manner is subject to that third party’s own data collection, use, and disclosure policies.
- Information from Other Sources. We may obtain information, including Personal Information, from third parties and sources other than the Service, such as our advertisers and partners (including through referrals of borrower applications). One such third party partner, LendingClub Corporation (“Lending Club”), provides Opportunity Fund with application information from certain small business borrowers who fulfill Opportunity Fund’s credit requirements. Such application information may include all of the Personal Information provided during the third party application process. Information provided to Opportunity Fund by Lending Club and other third party partners will be governed by this Policy and afforded all of the protections provided by this Policy.
- If we combine or associate information from other sources with Personal Information that we collect through the Service, we will treat the combined information as Personal Information in accordance with this Policy.
How we use the information we collect. We use information we collect on the Service in a variety of ways in providing the Service and operating our business, including the following:
- We use the information that we collect on the Service to operate, maintain, enhance and provide all features of the Service, to provide services and information that you request, to respond to comments and questions, and otherwise to provide support to users.
- We use the information that we collect on the Service to analyze credit history, to enable financial service partners to implement automatic payments and fund transfers, to engage in collection activities as needed, as well as to contact users regarding transactions and their accounts.
- We use the application information obtained from third party partners, such as Lending Club, in order to extend pre-approved credit offers to certain applicants.
- We use the information that we collect on the Service to understand and analyze the usage trends and preferences of our users, to improve the Service, and to develop new products, services, features, and functionality.
- We may use your email address or other information we collect on the Service (i) to contact you for administrative purposes such as customer service or (ii) to send communications, including updates on promotions and events, relating to products and services offered by us and by third parties we work with. Generally, you have the ability to opt-out of receiving any promotional communications as described below under “Your Choices.”
When we disclose information. Except as described in this Policy, we will not disclose your information that we collect on the Service to third parties without your consent. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:
- We work with numerous third parties that perform vital functions as part of our operations, including credit bureaus, collection agencies, electronic payment service providers, customer support call centers, and other third party service providers. We share information with these parties only to the extent necessary to process customer transactions or to perform other specific services, like collections or identity verification.
- We work with third party service providers that provide website, application development, hosting, maintenance, and other services for us. These third parties may have access to or process your information as part of providing those services for us. Generally, we limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such information.
- If you reached us through Lending Club or another third party partner, we may send information back to such third party partner, including which applications we have approved or denied, as well as performance of the associated loans.
- We may make certain automatically-collected, aggregated, or otherwise non-Personal Information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Service.
- We may disclose your information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws, in response to a court order, judicial or other government subpoena or warrant, to comply with bankruptcy proceedings, or to otherwise cooperate with law enforcement or other governmental agencies.
- We also reserve the right to disclose your information that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the Service and any facilities or equipment used to make the Service available, or (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.
- Information about our users, including Personal Information, may be disclosed and otherwise transferred to an acquirer, or successor or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
You may, of course, decline to share certain Personal Information with us, in which case we may not be able to provide to you some of the features and functionality of the Service. If you wish to access or amend any Personal Information we hold about you, you may contact us at email@example.com. The ability to amend such information will depend on your account type and account status. Please note that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.
If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt-out from receiving commercial email from us, and any other promotional communications that we may send to you from time to time, by sending your request to us by email at firstname.lastname@example.org or by writing to us at the address given at the end of this Policy. We may allow you to view and modify settings relating to the nature and frequency of promotional communications that you receive from us in user account functionality on the Service. You may opt out of commercial email on our subscription page here.
Please be aware that if you opt out of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten business days for us to process your request, and you may receive promotional communications from us that you have opted out from during that period. Additionally, even after you opt out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Service.
We do not specifically respond to Do Not Track (“DNT”) signals. However, some third party websites do keep track of your browsing activities, including across other websites on the Internet, which enables these websites to tailor what they present to you. Your browser may allow you to set a DNT signal on your browser so that these third parties know you do not want to be tracked.
The Service may contain features or links to websites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Service. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the Service. We encourage you to learn about third parties’ privacy and security policies before providing them with information.
Protecting the privacy of young children is especially important. Our Services are for general audiences and are not directed to children under the age of 13, and we do not knowingly collect Personal Information from children under the age of 13 without obtaining parental consent. If you are under 13 years of age, then please do not use or access the Service at any time or in any manner. If we learn that Personal Information has been collected on the Service from persons under 13 years of age and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 13 years of age has obtained an account on the Service, then you may alert us at email@example.com and request that we delete that child’s Personal Information from our systems.
We use certain physical, administrative, and technical safeguards that are designed to improve the integrity and security of Personal Data that we collect and maintain. We cannot, however, ensure or warrant the security of any information you transmit to us or store on the Service, and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice through the Service if a security breach occurs.
Although we may allow you to adjust your privacy settings to limit access to certain Personal Information, please be aware that no security measures are perfect or impenetrable. We are not responsible for circumvention of any privacy settings or security measures on the Service. Additionally, we cannot control the actions of other users with whom you may choose to share your information. Further, even after information posted on the Service is removed, caching and archiving services may have saved that information, and other users or third parties may have copied or stored the information available on the Service. We cannot and do not guarantee that information you post on or transmit to the Service will not be viewed by unauthorized persons.
The Service is hosted in the United States and is intended for visitors located within the United States. If you choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your Personal Information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Service. By providing any information, including Personal Information, on or to the Service, you consent to such transfer, storage, and processing.
Changes and Updates to this Policy
Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify this Policy, we will make it available through the Service and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of this Policy.
Your California Privacy Rights
Under California Civil Code Section 1798.83, California customers are entitled to request information relating to whether a business has disclosed Personal Information to any third parties for the third parties’ direct marketing purposes. As explained elsewhere in this Policy, Opportunity Fund will not sell or transfer your Personal Information with third party companies for their direct marketing purposes without your consent. California customers who wish to request further information about our compliance with this statute or who have questions more generally about our Policy and our privacy commitments to our customers and Service users should not hesitate to contact us at the address below.
Opportunity Fund Terms of Service
Last Updated: [Jan. 12, 2017]
Welcome, and thank you for your interest in Opportunity Fund Northern California (“Opportunity Fund,” “we,” or “us”) and our website at www.opportunityfund.org along with our related websites, apps, and other services provided by us (collectively, our “Service”). These Terms of Service are a legally binding contract between you and Opportunity Fund regarding your use of the Service, regardless of whether you are a registered user of the Service.
You may enter into other agreements with us that will govern your use of the Service or related services offered by us. If there is any contradiction between these Terms of Service and another agreement you enter into applicable to specific aspects of the Service, the other agreement shall take precedence in relation to the specific aspects of the Service to which it applies. For example, if Opportunity Fund provides you with a loan or a savings account, additional terms will apply.
These Terms provide that all disputes between you and Opportunity Fund will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 19 (“Dispute Resolution and Arbitration”) for the details regarding your agreement to arbitrate any disputes with Opportunity Fund.
1 Opportunity Fund Overview. Opportunity Fund is a non-profit microfinance provider. Our approach to social change combines microloans for small business owners and microsavings accounts to help students pay for college and families save for a rainy day.
2 Eligibility. You must be at least 18 years of age to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization. Opportunity Fund does not provide business savings accounts, and does not consider loans other than for businesses or sole proprietorships.
3 Accounts and Registration. To access features of the Service, Opportunity Fund may require that you register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your email address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at firstname.lastname@example.org.
4 Payments; Donations
4.1 Payments. Opportunity Fund may charge any fees associated with loans, as specified in your loan documents. In addition, we may charge for various services at our discretion, or as specified in the agreements governing such services.
5 Prohibited Conduct. On behalf of yourself, as well as the business or entity you represent, you agree not to:
5.1 use the Service for any illegal purpose or in violation of any local, state, national, or international law;
5.2 violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
5.3 interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering, decompiling, or otherwise attempting to discover the source code of any portion of the Service, including the app(s), except to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction;
5.4 interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer, advertisement, or other communication to another user of the Service; (c) attempting to collect personal information, including location information, about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;
5.5 perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
5.6 modify, translate, or create derivative works, adaptations or compilations of, or based on, the Service or part thereof, or use, copy or reproduce the Service or any part thereof other than as expressly permitted in these Terms;
5.7 assign, sublicense, lease, sell, grant a security interest in, or otherwise transfer the app(s) or access granted under these Terms or any Materials (as defined in Section 12) or any right or ability to view, access, or use any Material;
5.8 attempt to do any of the acts described in this Section, or permit or assist any person in engaging in any of the acts described in this Section or in Section 6.
6 Representations of Borrowers. You hereby agree and confirm, both individually and on behalf of the business or entity that you represent that:
6.1 you will not register for multiple accounts on behalf of the same business or entity;
6.2 you will not operate or otherwise utilize an account opened in the name of a business or entity for the benefit of any persons other than that business or entity;
6.3 you will not operate or otherwise utilize an account opened in the name of a business or entity for any purpose prohibited by law or regulation, any activity which that business or entity is not duly authorized to conduct by agreement or under applicable law, or for any purpose prohibited or not authorized by any other agreement between the business, guarantor or entity and Opportunity Fund;
6.4 you will not operate an account on behalf of any business or entity with regard to which you are not authorized with the power to enter into binding agreements on behalf of the business or entity;
6.5 you will not represent or portray the business or entity as being affiliated with Opportunity Fund in any capacity other than being a borrower in connection with a loan or loan request without Opportunity Fund’s prior written consent;
6.6 all email addresses provided on behalf of the business or entity are and will be used by the business or entity for business purposes;
6.7 use of the Service is contingent on acceptance of and compliance with these Terms of Service by all persons acting on the business or entity’s behalf or in furtherance of the business or entity’s loan request, including persons acting as a prospective guarantor of any requested loan;
6.8 all information relating to any prospective guarantor of any requested loan that is requested by any registration forms on the Service will be provided directly by such prospective guarantor; and
6.9 neither you nor the business or entity will use the Service to attempt to generate business or investment interest in the business or entity from any other person, other than for purposes of obtaining a loan via the Service or through the use of the proceeds of any loan the business or entity may receive.
7 Consent to Electronic Disclosures, Signatures, and Communications
7.1 Disclosures. Because the Opportunity Fund financial platform may provide some services on the Internet, whether you choose to participate on our platform as a borrower, savings account holder or in any other manner, 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 (defined below) electronically, either via our Service or to the email address you provide to us. By agreeing to these Terms of Service, you agree to receive electronically all documents, forms, communications, notices, contracts, consents, acknowledgments, conditions, and agreements arising from or relating to your use of the Service, including any loans you may request or receive, your registration as a borrower on the Service, any loans you may fund, your use of this Service, and the servicing of your loan, if funded (a “Disclosure”). The decision to do business with us electronically is yours.
7.2 Electronic Signatures. You consent and agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act while using any electronic service we offer or in accessing or making any transactions regarding any Disclosures constitutes your signature, acceptance and agreement as if actually signed by you in writing. Further, you agree that no certification authority (“Certification”) or other third party verification (“Verification”) is necessary to validate your electronic signature and that the lack of such Certification or Verification will not in any way affect the enforceability of your signature or any resulting contract between you and Opportunity Fund.
7.3 Customer Communications. By accepting these Terms of Service, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes, at any telephone number, or physical or electronic address you provide or at which you may be reached or numbers we can reasonably associate with your account, with information or questions about your application, loan and/or account. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine or voice mail, or send one via text. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to alert us whenever you stop using a particular telephone number.
7.4 Telemarketing Calls. By accepting these Terms or otherwise consenting to receive telemarketing communications, you agree that: (a) we, our agents, representatives, affiliates, third parties, and anyone calling on our behalf may call, email or SMS messages (including text messages) you at the numbers and addresses you have provided for purposes of describing goods and services that may be of interest to you, offered by us, our affiliates and/or third parties; and (b) these calls, text and email messages may be made using an automatic dialing or email system technology and/or involve prerecorded and/or artificial voice messaging. Your consent, if provided, will be effective even if the number you have provided is registered on any state or federal Do-Not-Call list. This consent for telemarketing calls shall remain in effect until you revoke it. Your consent to telemarketing calls may be revoked by informing the telemarketing representative, or any other method, which ensures we receive the revocation. Your consent to telemarketing calls is not a condition of obtaining your loan. You also understand that your cellular or mobile telephone provider will charge you according to the type of plan you carry.
7.5 Call Recording and Monitoring. You consent to the recording and monitoring, for quality assurance, training, risk management and/or collection purposes, of any call that you place with us (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) or that we (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) place to you.
7.6 Electronic Disclosures. Any Disclosures may be provided to you electronically at www.opportunityfund.org or via electronic mail to the email address you provided. If you require paper copies of such Disclosures, send a request to email@example.com. A request for a paper copy of any Disclosure will not be considered a withdrawal of your consent to receive Disclosures electronically. We may discontinue electronic provision of Disclosures at any time in our sole discretion.
7.7 Scope of Consent. Your consent to receive Disclosures and transact business electronically applies to any transactions to which such Disclosures relate. Your consent will remain in effect for so long as you are a user and, if you are no longer a user, it will continue until such a time as all Disclosures relevant to transactions that occurred while you were a user have been made.
7.8 Hardware and Software Requirements. Before you decide to do business electronically with Opportunity Fund, you should consider that 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; and supported Internet browsing software and hardware capable of running this software. If you are accessing our site and the Disclosures electronically via a mobile device (such as a smart phone, tablet, and the like), in addition to the above requirements you must make sure that you have software on your mobile device that allows you to print and save the Disclosures presented to you during the application process. These applications can be found for most mobile devices in the device’s respective “app store”. If you do not have these capabilities on your mobile device, please access our site through a device that provides these capabilities.
7.9 Withdrawing Consent and Changes in Contact Information. If you withdraw your consent to receive Disclosures electronically as discussed above, and have a pending loan request on our Service, we may, at our sole discretion, terminate it and remove it from our system. If you withdraw your consent to receive Disclosures electronically and have already received a loan, all previously agreed to terms and conditions will remain in effect, and we will send Disclosures to your primary address, as applicable, as provided during registration or updated by you. You agree to keep us informed of any changes to your primary address so that you can continue to receive all Disclosures in a timely fashion. You also agree to update your primary address and telephone number on the Opportunity Fund website if they change. If you are acting as a potential guarantor for a small business loan, you also agree to notify us of any change to your primary address via email or telephone using the contact information provided above. You can contact us via email at firstname.lastname@example.org or by calling member support at 866-299-8173. You may also reach us by writing to us at the following address: Attention: Compliance, Opportunity Fund, 111 West Saint John Street, Suite 800, San Jose, CA, 95113.
8 Third-Party Services and Linked Websites. Opportunity Fund may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account to Opportunity Fund with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.
9 Termination of Use; Discontinuation and Modification of the Service. You may only terminate your account if you have no outstanding loan or savings account with Opportunity Fund, in which case you may request termination by contacting customer service at email@example.com. If you or Opportunity Fund terminate your account, you remain obligated to pay any outstanding loan balance, fees, or interest, if any, incurred prior to termination relating to your use of the Service. Opportunity Fund may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service, provided that if Opportunity Fund ceases to operate the Service and terminates your access to the Service accordingly, then any outstanding loans shall survive through their remaining term and you will remain liable for any outstanding loan balance, fees, or interest owed to Opportunity Fund.
10.2 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”), such as agreements associated with loans or savings accounts, or rules that apply to a particular feature or content on the Service, subject to Section 11. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
11 Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we will notify you of the modified Terms by email to the address you provided in your user profile and/or in a notification in the App and on our website. Material modifications will be effective upon your acceptance of such modified Terms or 15 days after we send or post our notification of the changes, whichever is earlier. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
12 Ownership; Proprietary Rights. The Service is owned and operated by Opportunity Fund. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Opportunity Fund are protected by intellectual property and other laws. All Materials included in the Service are the property of Opportunity Fund or our third-party licensors. Except as expressly authorized by Opportunity Fund, you may not make use of the Materials. Opportunity Fund reserves all rights to the Materials not granted expressly in these Terms.
13 Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Opportunity Fund an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
14 Indemnity. You are responsible for your use of the Service, and you will defend and indemnify Opportunity Fund and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Opportunity Fund Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
15 Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE OPPORTUNITY FUND ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE OPPORTUNITY FUND ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE OPPORTUNITY FUND ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
16 Limitation of Liability
IN NO EVENT WILL OPPORTUNITY FUND OR RELATED ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY OPPORTUNITY FUND ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
THE AGGREGATE LIABILITY OF THE OPPORTUNITY FUND ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE GOVERNED BY THESE TERMS OR ARISING OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
17 Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and Opportunity Fund agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for the purpose of litigating any dispute. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
19 Dispute Resolution and Arbitration
19.1 Enforceability. If Section 19.4 is found to be unenforceable or if the entirety of this Section 19 is found to be unenforceable, then the entirety of this Section 19 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 17 will govern any action arising out of or related to these Terms.
19.2 No Class Actions. YOU AND OPPORTUNITY FUND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Opportunity Fund agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
19.3 Arbitrator. Any arbitration between you and Opportunity Fund will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Opportunity Fund.
19.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party’s designated address for notice (“Notice”). The Notice should: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Opportunity Fund may commence an arbitration proceeding. Each party is responsible for its respective fees associated with the arbitration process.
19.5 Generally. In the interest of resolving disputes between you and Opportunity Fund in the most expedient and cost effective manner, you and Opportunity Fund agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND OPPORTUNITY FUND ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
20 Contact Information. The Service is offered by Opportunity Fund Northern California located at 111 West Saint John Street, Suite 800, San Jose, CA, 95113. You may contact us by sending correspondence to that address or by emailing us at firstname.lastname@example.org.
21 Notice to California Residents. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms. In addition, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the Service.
Our Contact Information
Please contact us with any questions or comments about this Policy, your Personal Information, our use and disclosure practices, or your consent choices by email at email@example.com.
Opportunity Fund Northern California
111 West Saint John Street, Suite 800, San Jose, CA 95113