Introduction and Acceptance
None of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, taking screenshots, or otherwise, without the prior written permission of findCRA or the copyright owner, except that you are permitted to download and retain a copy of this Agreement and other documents made available for download or printing through integrated features of the Website.
Website Access and Use
findCRA grants you a limited, non-exclusive, worldwide, royalty-free, non-sublicensable license to access and use the Website in accordance with this Agreement and any other related Agreements.
- access, or attempt to access, the Website by any means other than through the interface that is provided by findCRA;
- access, or attempt to access, the Website through any automated means including use of scripts or web crawlers;
- remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Website Content;
- circumvent, disable, or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any Website Content or enforce limitations on the use of the Website or Website Content;
- use any automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or Website Content for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operations permission to use automatic devices (such as robots or spiders) to copy Website Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
- collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, email addresses;
- solicit other users to join or become members of any commercial online services or other organizations without our prior written approval;
- interfere, or attempt or interfere, with the proper working of the Website or impair, overburden, or disable the same;
- post content that is contained on restricted or password-only pages;
- decompile, reverse engineer, or disassemble any portion of the Website or any Website Content;
- use network-monitoring software to determine architecture of or extract usage data from the Website;
- encourage conduct that violates any local, state, or federal law, either civil or criminal, or impersonate another user, person or entity (e.g., using another person’s Account (as defined in related Agreements) without permission, etc.);
- violate any U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
- engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.
Website Content and Third Party Links
In some instances, Website Content will include content posted by a third party or will represent the opinions and judgments of a third party. We do not endorse, warrant, and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized employees or spokespersons of findCRA while acting in their official capacities.
If there is a dispute between persons accessing the Website or between persons accessing the Website and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release findCRA and its owners, mangers, members, officers, directors, employees, contractors, parents, partners, successors, agents, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
The Website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party websites. We are not responsible for any content posted on third party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
Linking to findCRA’s Website
You may link to any page that is visible to the general public or a visitor on the findCRA Website. However, if you wish to link to any page that is visible only by a logged in User or further restricted by User type or paid features, you must first contact us at support@findCRA.com and be granted permission in writing by us to do so. Any such links to Website pages visible to the general public or visitors must not state or imply any sponsorship or endorsement by findCRA of your website, services, application, or mobile or handheld device application.
We may now or in the future permit Users to post, upload, transmit through, or otherwise make available on the Website (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant to us, you retain all rights, title, and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property or other rights that you may have in your User Content, and we do not accept any responsibility for the same.
You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
By submitting User Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of droit moral with respect to the User Content. You agree to indemnify, release, and hold us harmless from any and all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any User Content you post.
We are not responsible for, and do not endorse, User Content posted by any User. Accordinly, we may not be held liable, directly or indirectly, for any loss or damage caused by a User in connection with any User Content posted by another User of the Website.
We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the Website and advertising networks of our distribution partners and third-party service providers (including their downstream users).
We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
Interactions and Transactions with Other Users
findCRA has elected to provide certain features to you so that you may interact with other Users of the Website. This may include communication tools, messaging features, introduction features, forums, online responses, and other User-submitted public posting areas (“User Tools”). We want to encourage an open exchange of information and ideas and enable everyone to enjoy these User Tools.
We cannot and do not review every post, message, or piece of information submitted in every forum, form, listing or other area of the Website we may provide for public posting or interaction between users. On occasion, you may read a given post or message before anyone on our staff does. Know that any such content is strictly another User’s statement or opinion. You can expect these features to facilitate the exchange of information and opinions from a variety of individuals and organizations other than findCRA. We do not endorse or guarantee the accuracy or intent of any post or message, regardless of whether the post or message comes from a User, a member of our staff, or findCRA.
If you provide authorization to do so, you should assume that any information (including any User information you may choose to provide, excluding your User name, password, and billing information) that you provide or post in a public area or through the use of User Tools available on the Website, to be made available to other Users of the Website. If findCRA provides you the ability to anonymously post certain comments or information, we will not include your contact information on the Website in those instances. However, you should know that findCRA’s internal records might associate your contact information with such comments or information.
If you elect to enter into a transaction with another User from this Website, the terms of such transaction and any liabilities associated with such transaction are solely between you and the other User. You agree that findCRA is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User’s use or disclosure of information about you that you have provided on publicly available sections of this Website. If there is a dispute between you and any third party (including all other Users), findCRA is under no obligation to become involved; however, findCRA reserves the right, but has no obligation, to monitor disputes between you and other Users related to the Website or any transactions resulting therefrom.
findCRA is interested in hearing from our Users and welcomes comments regarding our Website, Website Content and services. Please be advised, however, that we do not accept or consider creative ideas, suggestions, or materials other than those we specifically request. Although we do value your feedback, please be specific in your comments regarding our Website and do not submit creative ideas, suggestions, or materials unless requested or invited to do so by findCRA staff or via Website features. If you express or send us unsolicited creative suggestions, ideas, drawings, wireframes, concepts, or other information or opinions related to the services we provide, such submissions will become the property of findCRA and will not be subject to any obligations of confidentiality and findCRA will not be liable for any future use or disclosure of such submissions.
Disclaimer Regarding Documents Uploaded to the Website
You are solely responsible for the documents you upload to the findCRA Website. You are advised not to upload Schedule B (List of Contributors) with the Form 990 for a public charity. You are advised to block any signatures, social security numbers, and personal addresses from documents that you upload. findCRA reserves the right to refuse any document. In addition, findCRA has the right to delete or otherwise remove any document at any time for any reason. You are advised to provide only copies of documents to findCRA when requested and send no original documents. findCRA does not guarantee that we will maintain your documents for any length of time and will destroy them in accordance with our internal document retention and destruction procedures. findCRA and its affiliates make no representations or warranties of any kind, whether express or implied, regarding any of the documents on the findCRA Website or provided to us by you. findCRA will not be held liable for any damages.
findCRA does not endorse, support, sanction, or verify the information or material on or accessible via the Website. Unless otherwise specifically indicated, findCRA does not endorse and has no affiliation with any of the organizations mentioned, listed in, describe on, or linked to via the Website, and it makes no representations or warranties whatsoever with regard to those organizations or any other organization, entity or person, including but not limited to the performance of goods or services provided by our advertisers, partners, or others to whose websites we may link.
Reliance on Information Posted
The information present on or through the Website or as part of our services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of any information gathered from an external third-party source. We do not guarantee positive consideration of any information during CRA examinations. Any reliance you place on such information is strictly at your own discretion. We disclaim all liability and responsibility arising from reliance placed on such information by you or any other visitor to the Website or User of our services, or by anyone who may be informed of the Website or the Website Content.
This Website includes content provided by third parties, including but not limited to, User Content. 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 findCRA, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not reflect the opinion of findCRA. 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.
No CRA Guarantee
While we provide detailed information about CRA requirements, it is solely based on our professional experience, research, and interpretation of the CRA and the data and information we have obtained. Information and analyses are prepared by findCRA using our expertise and best judgment in accordance with CRA requirements and best practices, but do not guarantee that regulatory agencies will rely on the same data or accept or data and analyses when scoping or completing their CRA examination of a Bank. We cannot guarantee positive consideration or CRA credit during regulatory examinations regarding any nonprofit, Community Need Listing, Market Report or other information provided to you through our Website or Services. As a User, it is your responsibility to evaluate the accuracy of the information provided on our Website to verify that it meets your own qualification and documentation standards and interpretation of the CRA.
No Commitment to Support
When you utilize features on our Website to save, request introductions to, or message nonprofits, you are not making a firm commitment to support that nonprofit or any solicitations for funding or volunteers it has posted. You agree that when you use our Website to request an introduction to or send a message to a nonprofit, you will respond in good faith to follow-up communication from findCRA or the nonprofit within a reasonable timeframe.
Entities Appearing on the Website
If any entity (e.g., bank, nonprofit, government agency, etc.) referenced, posted, or in any way published on the Website wants to remove their information from our Website, they can submit a request for removal by sending an email to support@findCRA.com indicating such a request. In the email requesting removal from the Website, the entity should include their official legal name, full street address, the full name of the individual requesting the removal, that individual’s official role within the entity, an email address where that individual can be reached, a description of the Content they want removed, and a brief statement as to why the entity would like the Content to be removed from the Website. We will review any requests for removal and notify the entity via email when their information has been removed from the Website by sending notice to the email address included with the request to be removed sent by the entity’s contact.
Copyright Policy and DMCA Process
We respect the intellectual property rights of others and expect Users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Accounts of Users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on our Website or hosted on our systems that may be infringing or the subject of infringing activity.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims of infringement (its “Designated Agent”).
Our Designated Agent is: Brian Waters, President, findCRA, P.O. Box 6005, Louisville, KY 40207, operations@findCRA.com
If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that website.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
Use of the Website and its related services requires Internet access through your computer or mobile device. You are responsible for all subscription, service, or mobile carrier charges resulting from your use of our Website. findCRA does not guarantee that the Website will be compatible with all browsers or devices or will be supported by all mobile carriers. You may be required to meet certain technological requirements and have specific technology installed or enabled to use the Website or some features and portions of the Website may not be accessible. For a full listing of technological requirements for accessing and using our Website, please contact us at support@findCRA.com.
Interruption of Services
Service Delays and Accessibility
findCRA will not be liable for any failure of the Website or performance of services in the event that access to the Website and/or findCRA’s performance of services for more than ten (10) consecutive days is for reasons beyond the control of findCRA including fire, explosion, lightning, storm, power surge or failure, natural diasaster, flood, water, acts of God, war, military action, union strike or labor stoppage, civil disturbance, terrorism, vandalism, acts or ommisions of comunications carriers, failure of telecommunications infrastructure, legal action by a governmental authority, or other instances that could not be prevented notwithstanding the exercise of reasonable, good faith efforts by findCRA.
Changes to the Website
We may update this Website and/or the Website Content from time-to-time, and while we endeavor to ensure that the information on the Website and/or Website Content is current and up-to-date, we make no warranties or guarantees as to the accuracy, completeness, or up-to-date status of the Website and/or Website Content.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, FINDCRA AND ITS OWNERS, MANAGERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
Limitation on Liability
In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
Choice of Law; Jurisdiction and Venue
Dispute Resolution and Mandatory Arbitration
We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution. You agree to contact us with disputes by contacting us at: findCRA, ATTN: Operations, P.O. Box 6005, Louisville, KY 40207. We will contact you based on the contact information you have provided us or that we obtain by other means.
If after thirty (30) days the parties are unable to resolve any dispute raised under the previous provision, the dispute may be submitted to arbitration consistent with this section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.
We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third-parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810.
We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
Exception to Arbitrate. Either of us may bring qualifying claims in small claims court. Further, pursuant to the “No Class Actions” section below, we each agree that any arbitration will be solely between you and findCRA, not as part of a class-wide claim (i.e., not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that the restriction in this section is unconscionable or unenforceable, then our agreement to arbitrate does not apply and the class-wide dispute must be brought in court.
No Class Actions
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASS-WIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
No Trial by Jury
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
Delivery of Notices
Amendment; Additional Terms
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Effective October 2019