Last Modified: October 7, 2021

1. Acceptance of the Terms of Use

Welcome to the website of JustFund.us (“JustFund”, “we”, “our” or “us”). JustFund.Us is a California not for profit corporation with tax-exempt status under Section 501(c)(3) of the United States Internal Revenue Code. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of this portal, including any content, functionality and services offered on or through www.justfund.us and any applicable subdomains thereof, and through any applications, mobile applications, functionalities, content, materials, or other online services provided by us (the “Portal”).

The Portal connects private foundations, donors, and collaborative funds (“Funders”) with critical projects around the United States (“Proposals”) (the “Service”). Proposals may be submitted by: 1) organizations that have been determined be to tax-exempt under an applicable provision of the Internal Revenue Code, as amended (the “Code”); 2) organizations that have not been determined be to 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 EXEMPT STATUS OR GOOD STANDING OF PROPOSALS AND MAKES NO REPRESENTATION AS TO THE DEDUCTIBILITY OF CONTRIBUTIONS IN SUPPORT OF A PROPOSAL. FUNDERS MUST COMPLETE THEIR OWN DUE DILIGENCE WHEN DETERMINING WHETHER OR NOT TO PROCEED WITH FUNDING A PARTICULAR PROPOSAL. JUSTFUND.US DOES NOT TRANSMIT CONTRIBUTIONS BETWEEN FUNDERS AND PROPOSALS, AND FUNDERS MUST MAKE THEIR OWN INDEPENDENT ARRANGEMENTS TO FUND PROPOSALS. YOU AGREE THAT JUSTFUND SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FROM THE FAILURE OF A FUNDER TO FUND A PROPOSAL FOR ANY REASON OR NO REASON AT ALL.

Please read the Terms of Use carefully before you start to use the Portal. By accessing or using the Service provided by or through the Portal, whether or not you become a member of the Service, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy incorporated herein by reference. If you do not want to agree to these Terms of Use or our Privacy Policy, you must not access or use the Portal.

This Portal is offered and available to users who are 18 years of age or older and reside in the United States. 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.

2. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Portal thereafter. Your continued use of the Portal following the posting of revised Terms of Use means that you accept and agree to the changes. You are encouraged to check this page each time you access this Portal so you are aware of any changes, as they are binding on you.

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, in 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.
  • Ensuring that all persons who access the Portal through your internet connection are aware of these Terms of Use and comply with them.

Access to certain areas of the Portal is restricted. JustFund reserves the right to restrict access to areas of the Portal, or indeed the entire Portal, at its discretion. To access the Portal or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Portal that all the information you provide on the Portal is correct, current and complete. You agree that all information you provide to register with this Portal or otherwise, including but not limited to through the use of any interactive features on the Portal, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

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 have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

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’s 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’s reasonable control, including, 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. Membership

JustFund may offer services on a membership fee basis according to the pricing and payment schedule available through the Portal (the “Membership Fees”). 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.

JustFund bills all charges automatically to your credit card, PayPal account or other payment method that JustFund offers and you select. Each membership term shall be for one month, which term shall automatically renew unless you terminate your subscription prior to the beginning of 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 membership. If you cancel your 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.

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 Services through an Internet access provider or other third-party service. By way of example and without limitation, the Services 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.

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.

These Terms of Use permit you to use the Portal for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Portal or any of the material on our Portal. You must not access or use for any commercial purposes any part of the Portal or any services or materials available through the Portal.

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].

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Portal in breach of the Terms of Use, your right to use the Portal will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Portal or any content on the Portal is transferred to you, and all rights not expressly granted are reserved by JustFund. Any use of the Portal not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

7. Trademarks

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.

8. Prohibited Uses

You may use the Portal only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Portal:

  • 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 send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
  • 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:

  • 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.
  • 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.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

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.
  • All of your User Contributions do and will comply with these Terms of Use.
  • 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.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Portal or the public or could create liability for JustFund.
  • 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.
  • Terminate or suspend your access to all or part of the Portal for any or no reason, including without limitation, any violation of these Terms of Use.

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:

Privacy Policy

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’s 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:

Copyright Agent

Bernstein Shur
P.O. Box 9729
Portland, ME 04104
Attn: JustFund

207-774-1200

[email protected]

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

All information we collect on this Portal is subject to our Privacy Policy. By using the Portal, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

16. Linking to the Portal and Social Media Features

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.
  • Otherwise take any action with respect to the materials on this Portal that is inconsistent with any other provision of these Terms of Use.
  • The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

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.

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 the Commonwealth of Massachusetts 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.

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.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

21. Indemnification

You agree to defend, indemnify and hold harmless JustFund, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Portal, including, but not limited to, your User Contributions, any use of the Portal’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Portal.

22. Governing Law and Jurisdiction

All matters relating to the Portal and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Portal shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Massachusetts although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

23. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

24. Waiver and Severability

No waiver by JustFund of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of JustFund to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

25. Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and JustFund with respect to the Portal and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Portal.

26. Your Comments and Concerns

This website is operated by JustFund.us.

All notices of copyright infringement claims should be sent to the copyright agent as designated herein.

If you have any other feedback, comments, requests for technical support or other communications relating to the Portal, please contact us at [email protected].

Thank you for visiting JustFund.