Last Modified: April 12, 2023
The Portal connects private foundations, individual donors, donor networks, and collaborative funds (“Grantmakers”) with critical organizations around the United States and their work (“Proposals”) (the “Service”). Proposals may be submitted by: 1) grantseekers that have been determined to be tax-exempt under an applicable provision of the Internal Revenue Code, as amended (the “Code”); 2) grantseekers that have not been determined to be tax-exempt under the Code, but may be fiscally sponsored by an organization that has been determined to be tax-exempt under the Code; or 3) projects that may otherwise qualify for charitable and/or educational funding. JUSTFUND DOES NOT VERIFY THE TAX-EXEMPT STATUS OR GOOD STANDING OF ORGANIZATIONS AND THEIR PROPOSALS AND MAKES NO REPRESENTATION AS TO THE DEDUCTIBILITY OF CONTRIBUTIONS IN SUPPORT OF AN ORGANIZATION OR PROPOSAL. GRANTMAKERS MUST COMPLETE THEIR OWN DUE DILIGENCE WHEN DETERMINING WHETHER OR NOT TO PROCEED WITH FUNDING A PARTICULAR ORGANIZATION OR PROPOSAL. ALTHOUGH GRANTMAKERS MAY USE THE PORTAL TO SUBMIT GRANT RECOMMENDATIONS, JUSTFUND DOES NOT TRANSMIT CONTRIBUTIONS BETWEEN GRANTMAKERS AND PROPOSALS OR OTHERWISE MAKE GRANT DISTRIBUTIONS; RATHER GRANTMAKERS MUST MAKE THEIR OWN INDEPENDENT ARRANGEMENTS TO FUND PROPOSALS. IN SOME CASES, JUSTFUND MAY, IN ITS DISCRETION, SUPPORT GRANT DISTRIBUTION THROUGH OUR PARTNERSHIP WITH AMALGAMATED CHARITABLE FOUNDATION. YOU AGREE THAT JUSTFUND SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FROM THE FAILURE OF A GRANTMAKER TO FUND AN ORGANIZATION OR PROPOSAL FOR ANY REASON OR NO REASON AT ALL.NOR WILL JUSTFUND BE LIABLE IF A GRANTMAKER FUNDS A NON-TAX EXEMPT ORGANIZATION OR PROPOSAL (e.g. activity)COLLECTED THROUGH THE PORTAL.
IMPORTANT: SUBSCRIPTIONS AUTOMATICALLY RENEW. If you enroll as a paid Member for the Service, your subscription will renew automatically each subscription period and will continue unless paused or cancelled by you or us in accordance with these terms and conditions. You can cancel your paid Member subscription by following instructions set forth in Section 5 below.
PLEASE BE AWARE THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 26) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
This Portal is offered and available to users who are 18 years of age or older. By using this Portal, you represent and warrant that you are of legal age to form a binding contract with JustFund and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Portal.
3. Accessing the Portal and Account Security
We reserve the right to withdraw or amend this Portal, and any service or material we provide on the Portal, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Portal is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Portal or the entire Portal to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Portal.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Portal or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We further reserve the right to monitor your use of the Service and collect and compile data and information related to your (and your authorized users’) use of the Service (“Usage Data”). JustFund may use and disclose Usage Data in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Service and benchmarking reports. Without limit the foregoing, JustFund may publish reports based on or containing Usage Data, provided that such publications do not identify you or any individual.
4. Available Services
As a non-paying Member, you may access the Portal and use some, but not all, of the features and services available within the Portal. The features and services that may be available to you may be changed or eliminated at any time in JustFund sole and absolute discretion. Additional features and services may be made available to you upon becoming a paying Member to the Service. If you are not a paying Member, you acknowledge and agree that you will not be able to use all the features and services available within the Service. A Member profile may remain posted on the Portal even if that Member is not actively using the Service, but JustFund may remove any Member profile at any time in its sole and absolute discretion, with or without cause.
So long as you maintain a fully-paid membership for the Services, JustFund will make the Services available to you pursuant to this Agreement on an as-available basis. The Services may be unavailable as a result of planned or emergency downtime and any unavailability caused by circumstances beyond JustFund reasonable control, including by way of example and without limitation, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem, Internet service provider failure or delay or denial of service attack. JustFund reserves the right at any time to modify or discontinue the Service or any part thereof, temporarily or permanently, with or without notice. You agree that JustFund shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. JustFund reserves the right at any time in its sole discretion to block users, including without limitation users from certain IP addresses, from accessing the Service.
5. Paid Membership Terms
JustFund may offer services on a membership fee (the “Membership Fees”) basis according to the pricing and payment schedule available through the Portal, or as otherwise agreed upon between you and JustFund. You agree to pay the Membership Fees and any other charges incurred in connection with your Account (including any and all applicable taxes) at the rates in effect when the charges were incurred. If your membership includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas.
Unless otherwise specified in an applicable Service Agreement, JustFund bills all charges automatically to your credit card or other payment method that JustFund offers and you select (including third-party payment processing services, such as Stripe, PayPal, Circle, and other similar payment processing services). Each membership term shall be for one year, which term shall automatically renew unless you terminate your subscription at least thirty (30) days prior to the end of the then-current term. All payments are due in advance of the subscription term. Membership Fees will be billed beginning on or about the day of the month in which JustFund activates your Account (the “Membership Date”) and on or about the monthly anniversary of each Membership Date thereafter for the term of this Agreement and any renewal thereof until you cancel your annual membership. If you cancel your annual membership, you may use your membership until the end of your then-current membership term and your membership will not be renewed after your then-current membership term expires; however, you won’t be eligible for a prorated refund of any portion of the membership fee paid for the then-current membership period. You may cancel your annual membership by emailing [email protected]. You hereby accept responsibility for all recurring charges made to your selected payment method prior to cancellation or termination. Unless you cancel, your membership will be automatically extended for successive monthly periods at the then-current Membership Fee. Your non-termination or continued use of the Service reaffirms that JustFund is authorized to charge your selected payment method on the recurring basis to which you agreed at registration. We may submit those charges for payment, and you will be responsible for such charges. We assume no responsibility or liability if your access to the Service fails to renew or otherwise expires because of outdated or incorrect payment information. JUSTFUND MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU AFFIRMATIVELY CANCEL YOUR MEMBERSHIP OR NOTIFY US THAT YOU WISH TO CHANGE YOUR PAYMENT METHOD INFORMATION. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE JUSTFUND REASONABLY COULD ACT.
Unless JustFund otherwise agrees in writing, all fees and charges are nonrefundable. JustFund may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card or payment method than one previously provided or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Services using your user name and password without your authorization, you must contact us immediately. If you initiate a chargeback or otherwise reverse a payment made with your payment method, JustFund may in its discretion terminate your account immediately. If JustFund successfully disputes the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your account or membership reinstated. You are responsible for any fees or charges incurred to access the Service through an Internet access provider or other third-party service. By way of example and without limitation, the Service may include large video and/or image files. You are responsible for payment of any bandwidth, data, or subscription charges you may incur from a service provider while utilizing the Services.
You acknowledge and understand that JustFund does not offer as part of the Service any form of verification of the Proposals collected and/or listed through the Portal. JustFund makes no guarantee of the accuracy of the content of Proposals submitted for listing via the Portal. JustFund does not conduct background checks of the grantseekers which submit Proposals through the Portal and does not represent or warrant the exempt status of any such grantseeker. JustFund is not liable for any inaccuracies contained in a Proposal, or for any non-tax exempt activity outlined in a Proposal.You hereby irrevocably release, acquit, and forever discharge JustFund and its subsidiaries, affiliates, officers, and successors of any liability for and against any and all past or future causes of action, suits, or controversies arising out of the content of any Proposals.
6. Intellectual Property Rights
The Portal and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by JustFund, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
If you wish to make any use of material on the Portal other than that set out in this section, please contact us at [email protected].
The JustFund.us name, JustFund name, the term “JustFund”, the JustFund logo and all related names, logos, product and service names, designs and slogans are trademarks of JustFund or its affiliates or licensors. You must not use such marks without the prior written permission of JustFund. All other names, logos, product and service names, designs and slogans on this Portal are the trademarks of their respective owners.
If you are subscribed to the Service on behalf of an entity, you hereby grant JustFund permission to disclose that the entity you represent is a Member and use and display such entity’s name and logo (and that of its affiliated applications) in any marketing and promotional materials. If you would like to opt-out of this, please email us at [email protected].
8. Prohibited Uses
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate JustFund, a JustFund employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Portal, or which, as determined by us, may harm JustFund or users of the Portal or expose them to liability.
Additionally, you agree not to (and shall not permit others to):
- Use the Portal in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Portal, including their ability to engage in real time activities through the Portal.
- Use any robot, spider or other automatic device, process or means to access the Portal for any purpose, including monitoring or copying any of the material on the Portal.
- Use any manual process to monitor or copy any of the material on the Portal or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Portal.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Portal, the server on which the Portal is stored, or any server, computer or database connected to the Portal.
- Attack the Portal via a denial-of-service attack or a distributed denial-of-service attack.
- Use the Portal to send SPAM or store or transmit infringing, libelous, or otherwise unlawful, or tortious content, material, or data.
- Use the Portal to post or send infringing, obscene, threatening, libelous, or otherwise unlawful material.
- Use the Portal to access blocked services in violation of applicable laws.
- Remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Portal.
- Permit direct or indirect access to or use of the Portal in a way that circumvents a contractual usage limit.
- Sell, resell, license, sublicense, distribute, rent, lease the Portal, or include the Portal in a service bureau or outsourcing offering.
- Modify, display, republish or create derivative works based on the Portal.
- Decompile, disassemble, decipher, reverse-engineer or reverse assemble any portion of the Portal, or otherwise attempt to derive any source code or underlying ideas or algorithms of the software of any other part of the Portal (except to the extent such restriction is expressly prohibited by applicable statutory law).
- Without the express prior written consent of JustFund, conduct any benchmarking or comparative study or analysis involving the Portal for any reason or purpose except, to the limited extent absolutely necessary, to determine the suitability of the Portal to interoperate with your internal system.
- Otherwise attempt to interfere with the proper working of the Portal.
9. Interactions With Other Members / User Contributions
JUSTFUND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT JUSTFUND CURRENTLY DOES NOT (I) CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS OF ITS MEMBERS, (II) INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS OR (III) REGULARLY ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS, INCLUDING WITHOUT LIMITATION ANY OF THE REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT. JUSTFUND RESERVES THE RIGHT TO CONDUCT SCREENINGS AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS. JUSTFUND MAY TERMINATE THE MEMBERSHIP OF ANY MEMBER IF IT BELIEVES IN ITS SOLE DISCRETION THAT SUCH MEMBER HAS OR MAY VIOLATE ANY OF THE TERMS AND/OR CONDITIONS OF THIS AGREEMENT.
JUSTFUND IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY MEMBER. IN NO EVENT SHALL JUSTFUND, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR THEIR RESPECTIVE AFFILIATES BE LIABLE (DIRECTLY OR INDIRECTLY) FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE OR SERVICE.
The Portal may contain message boards, chat rooms, personal web pages, or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Portal.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Portal, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the limited right to use, reproduce, modify, perform, display, distribute any such material.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
- You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not JustFund, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
- We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Portal.
10. Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Portal.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Portal. YOU WAIVE AND HOLD HARMLESS JUSTFUND AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Portal, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
11. Content Standards
These Content Standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property, or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or institution.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
12. Copyright Infringement
JustFund respects the intellectual property rights of others and we expect our users to do the same. We will respond to notices of alleged copyright infringement if they comply with the Digital Millennium Copyright Act of 1998, the text of which may be found at the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf. Claims of copyright infringement in connection with our service and/or the JustFund website must be reported to our Designated Copyright Agent identified in the sample notice below.
Copyright owners, those authorized to act on behalf of one, or those authorized to act under any exclusive right under copyright, may report alleged copyright infringements that occur on or through our service or website by completing the following DMCA Notice of Alleged Infringement and by delivering it to JustFund Designated Copyright Agent. Before submitting a Notice, consider whether fair use or a similar exception applies. Upon receipt, JustFund will take action, in its sole discretion and as it deems appropriate, including removal of allegedly infringing content from our service and/or website. We reserve the right to delete or disable content alleged to be infringing and to terminate accounts of repeat infringers.
DMCA Notice of Alleged Infringement (“Notice”)
- Description of the Work – Please identify the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, you may provide a representative list of such works in a single Notice.
- Specific URL – Please identify the material or link that you claim is infringing (or the subject of the infringing activity) and to which access should be disabled, including information reasonably sufficient for us to locate the material, such as a URL or link or the exact location where the allegedly infringing material may be found.
- Your Contact Information – Please provide information reasonably sufficient for us to contact you, such as an address, telephone number, and if available, an email address.
- Include and Agree to the Following Statements – You must include both of the following statements in the body of the Notice: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use). I hereby state that the information contained in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Your Signature – Please provide the full legal name and a physical or electronic signature of the individual authorized to act on behalf of the owner of an exclusive right that has been infringed.
Deliver this Notice with each of the above items to our Designated Copyright Agent:
490 43rd Street, Unit #213
Oakland, CA 94609
13. Reliance on Information Posted
The information presented on or through the Portal is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Portal, or by anyone who may be informed of any of its contents.
This Portal may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by JustFund, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of JustFund. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
14. Changes to the Portal
We may update the content on this Portal from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Portal may be out of date at any given time, and we are under no obligation to update such material.
15. Information About You and Your Visits to the Portal
16. Linking to the Portal and Social Media Features; Connected Applications
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Portal may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Portal.
- Send emails or other communications with certain content, or links to certain content, on this Portal.
- Cause limited portions of content on this Portal to be displayed or appear to be displayed on your own or certain third-party websites.
- You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Portal or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Portal other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
The Service may contain features designed to interoperate with your or a third party’s web-based, mobile, or other software application that is made available by you or your authorized users (“Connected Applications”). If you elect to use a Connected Application with the Service, then you hereby grant JustFund permission to allow the Connected Application and its provider to access your information and data as may be required for the interoperation of that Connected Application with the Service. Any acquisition by you or your representatives of any Connected Applications, and any exchange of information and data between you and any Connected Application provider, product or service, is solely between you and the applicable Connected Application provider. JustFund does not warrant or support any Connected Applications. JustFund is not responsible for any disclosure, modification or deletion of information or data resulting from any access or interoperation by any Connected Application or its provider.
17. Links from the Portal
If the Portal contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Portal, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
18. Geographic Restrictions
The owner of the Portal is based in California in the United States. We provide this Portal for use only by persons located in the United States. We make no claims that the Portal or any of its content is accessible or appropriate outside of the United States. Access to the Portal may not be legal by certain persons or in certain countries. If you access the Portal from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
19. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Portal will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER JUSTFUND NOR ANY PERSON ASSOCIATED WITH JUSTFUND MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER JUSTFUND NOR ANYONE ASSOCIATED WITH JUSTFUND REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
JUSTFUND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY”. YOU HEREBY WAIVE, AS APPLICABLE, THIS SECTION OF THE CALIFORNIA CIVIL CODE AND ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT.
20. Limitation on Liability
IN NO EVENT WILL JUSTFUND, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. JUSTFUND’S AGGREGATE LIABILITY UNDER THESE TERMS SHALL BE LIMITED TO FEES ACTUALLY PAID BY YOU IN CONNECTION WITH THE SERVICE IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED U.S. DOLLARS ($100). THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
22. Governing Law
23. Limitation on Time to File Claims
24. Waiver and Severability
25. Entire Agreement
For any dispute with JustFund or arising out of or in connection with these Terms, including but not limited to any question regarding its existence, interpretation, validity, performance, or termination, or any dispute between the parties arising from the parties' relationship created by these Terms, you agree to first contact us at and attempt to resolve the dispute with us informally. In the unlikely event that JustFund has not been able to resolve a dispute of which you have notified us after sixty (60) days, then the dispute shall be referred to and finally resolved by arbitration administered by the American Arbitration Association under its rules. The number of arbitrators shall be one (1). The parties shall endeavour to agree upon the sole arbitrator and jointly nominate the arbitrator. If the parties cannot agree upon the sole arbitrator within a time prescribed by AAA, the parties shall request the AAA to propose five (5) arbitrators and each party shall rank the proposed arbitrators. The AAA shall appoint an arbitrator from the list of five (5), based upon the parties' rankings. The seat, or legal place of arbitration shall be California, United States. Notwithstanding the foregoing, JustFund has the right to pursue equitable relief in the state and federal courts located in California or other jurisdiction as determined by JustFund in its sole discretion, and you agree to the exclusive jurisdiction and venue of such courts.
With respect to all persons and entities, regardless of whether they have obtained or used the Portal for personal, commercial or other purposes, all disputes and claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless JustFund agrees otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into these Terms, you and JustFund are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
27. Your Comments and Concerns
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