Disclosures

Introduction

Protecting your private information is our priority. This Privacy Policy applies to www.findCRA.com and Community Core LLC d/b/a findCRA and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Community Core LLC d/b/a findCRA include www.findCRA.com, findCRA, www.learnCRA.com and search.findCRA.com, referred to as “Website” or “findCRA” herein. The findCRA Website is an online directory and database SaaS site. By using the findCRA Website, you consent to the data practices described herein.

Collection of Your Personal Information

findCRA may collect personally identifiable information, such as your name and address. We may gather additional personal or non-personal information in the future.

Information about your computer hardware and software may be automatically collected by findCRA. This information can include, but is not limited to, your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Website.

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through findCRA’s public message boards or forums, this information may be collected and used by others.

findCRA encourages you to review the privacy statements of websites you choose to link to from findCRA so that you can understand how those websites collect, use and share your information. findCRA is not responsible for the privacy statements or other content on websites outside of the findCRA Website.

Use of Your Personal Information

findCRA collects and uses your personal information to operate its Website and deliver the services you have requested.

findCRA may also use your personally identifiable information to inform you of other products or services available from findCRA and its affiliates or partners. findCRA may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

findCRA does not sell, rent or lease its customer lists to third parties.

findCRA may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. findCRA may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to findCRA, and they are required to maintain the confidentiality of your information.

findCRA may keep track of the Websites and pages our users visit within findCRA, in order to determine what findCRA services are the most popular. This data is used to deliver customized content and advertising within findCRA to customers whose behavior indicates that they are interested in a particular subject area.

findCRA will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on findCRA or the Website; (b) protect and defend the rights or property of findCRA; and, (c) act under exigent circumstances to protect the personal safety of users of findCRA, or the public.

Use of Cookies

The findCRA Website may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize findCRA pages, or register with the findCRA Website or services, a cookie helps findCRA to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same findCRA Website, the information you previously provided can be retrieved, so you can easily use the findCRA features that you customized.

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the findCRA services or Websites you visit.

Security of Your Personal Information

To secure your personal information from unauthorized access, use or disclosure, findCRA uses the following:

  • iThemes Security
  • Secured payment processing through Stripe.com
  • WPEngine secured web hosting

When personal information is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.

Children Under Thirteen

findCRA does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this Website.

Compliance with the California Online Privacy Protection Act

findCRA has taken the necessary precautions to be in compliance with the California Online Privacy Protection Act (COPPA). findCRA does not knowingly distribute your personal information to outside parties without your consent. As part of COPPA, all Users of our Website may make any changes to their information at anytime by logging into their user dashboard. If you wish to control the use of cookies, please read the “Use of Cookies” section above.

Changes to this Privacy Policy

findCRA will occasionally update this Privacy Policy to reflect company and customer feedback. findCRA encourages you to periodically review this Privacy Policy to be informed of how findCRA is protecting your information.

Opt-out & Unsubscribe

We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from findCRA by contacting us at the information provided below.

Contact Information

findCRA welcomes your questions or comments regarding this Privacy Policy. If you believe that findCRA has not adhered to this Privacy Policy, please contact findCRA at:

findCRA, P.O. Box 6005, Louisville, Kentucky 402027

Email Address: operations@findCRA.com

Telephone Number: 1-844-2-findCRA

Effective March 2017

Introduction and Acceptance

Welcome to findCRA.com, an interactive online service operated by Community Core, LLC (“Community Core,” “us,” “we,” “our,” et.al.). For the purposes of this Terms of Use, unless otherwise noted, all references to Community Core LLC d/b/a findCRA include www.findCRA.com, findCRA, www.learnCRA.com and search.findCRA.com, referred to as “Website” or “findCRA” herein.

PLEASE READ THESE TERMS OF USE CAERFULLY BEFORE USING THE WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN THE “AMENDMENT; ADDITIONAL TERMS” SECTION BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE.

In addition to these Terms of Use, we have established a Privacy Policy to explain how we collect and use information about you. A copy of this Privacy Policy can be found on our Website in the area dedicated for disclosures and is incorporated by reference into these Terms of Use. By accessing or using the Website, you are also signifying your acknowledgement and agreement to our Privacy Policy.

In addition to these Terms of Use, we have established related Service Agreements to explain how our service works and the requirements and responsibilities of using our services. A copy of both the Bank Service Agreement and Nonprofit Service Agreement can be found on our Website in the area dedicated for disclosures and is incorporated by reference into these Terms of Use.

Intellectual Property

The Website and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, algorithms, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the “Website Content”) and all intellectual property rights to the same are owned by us, our licensors, or both, unless otherwise indicated on the Website. Additionally, all trademarks, service marks, trade names, and trade dress that may appear on the Website are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title, or interest in the Website or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved.

Website Access and Use

Access to the Website including, without limitation, the Website Content is provided for your information and personal, non-commercial use only. When using the Website, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. In certain instances, we may permit you to download or print Website Content or both. In such a case, you may download or print (as applicable) Website Content for your personal, non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.

Furthermore, except as expressly permitted in these Terms of Use, you may not:

  • 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 featured of the Website including, without limitation, any features that prevent or restrict use or copy of any content or enforce limitation 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;
  • attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;
  • post content that is contained on restricted on password-only pages;
  • decompile, reverse engineer, or disassemble any portion of the Website;
  • 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 the Service 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.

You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.

Website Content and Third Party Links

In many 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 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 links. 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 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 site, services, application, or mobile or handheld device application by us.

User Content

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.

You represent, warrant, and covenant that you will not submit any User Content that violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity; impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable; encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; is an advertisement for goods or services or a solicitation outside of those authorized in this Terms of Use; includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references for someone other than you; contains a formula, instruction, or advice that could cause harm or injury; or is a chain letter of any kind. Moreover, any conduct by a User that in our sole discretion restricts or inhibits any other User from using the Website will not be permitted.

By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub-licensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other Users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of the Website and this Terms of Use.

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.

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.

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 terminate 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 warrants 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.

Endorsement Disclaimer

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 representation 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 or others to whose sites we link.

Nonprofits Appearing on the Website

Nonprofits appearing on the Website fall into three distinct classes. Nonprofits that have successfully completed the claim your nonprofit online process are classified as Verified Nonprofits and have provided findCRA with contact information and other basic information about their nonprofit organization. They have authorized findCRA to promote their nonprofit, seek bank interest in their nonprofit, and other similar activities as outlined in the Nonprofit Service Agreement.

Nonprofits that have successfully submitted a CRA Certification Application and accompanying payment and that have been granted a CRA Certified status by findCRA are classified as Certified Nonprofits and have provided findCRA with detailed information about their organization as solicited during the application process. They have authorized findCRA to promote their nonprofit, seek bank interest in their nonprofit, promote any of their submitted Community Need Listings, and other similar activities outlined in the Nonprofit Service Agreement.

Any other Nonprofit appearing on the Website that is not classified as Verified or Certified is classified by findCRA as a Qualified Nonprofit. These Qualified Nonprofits are added to the Website if they successfully pass our proprietary qualification criteria based on an evaluation of publically available data related to the Qualified Nonprofit accumulated from a variety of government and industry sources. Access to view Qualified Nonprofit information, including Qualified Nonprofit Profiles, is restricted to Licensed Bank Users as defined in the Bank Service Agreement. In the majority of cases, Qualified Nonprofits listed on the Website are added solely through our accumulation and evaluation of publically available data, unless the Qualified Nonprofit has directly submitted a request to us for evaluation and we have subsequently qualified them based upon their request and our independent review of their Nonprofit in comparison to our qualification criteria. In any instance where a Qualified Nonprofit is added to the Website solely based on our qualification process, it should be noted that the Nonprofit’s inclusion on our Website neither implies any affiliation, sponsorship, granting of rights to trademarks or other intellectual property, or endorsement of findCRA’s services or Website nor any partnership or other relationship with findCRA, unless otherwise noted. Any information appearing on the Website related to a Qualified Nonprofit is published as it appears in the applicable government or industry resource or has been independently added through our own expertise.

If a Qualified Nonprofit wishes to remove their information from our Website, they can submit a request to be removed by sending an email to support@findCRA.com indicating such a request. In the email requesting removal from the Website, the Qualified Nonprofit should include their official legal name, employer identification number or tax identification number, full address of record with the Internal Revenue Service, the full name of the individual requesting the removal, that individual’s official role with the Nonprofit, an email address where the individual can be reached, and a brief statement as to why the Nonprofit would like to removed from the Website. We will review any requests for removal and confirm via email when the Qualified Nonprofit has been removed from the Website to the email address included with the request to be removed sent by the Nonprofit.

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 this information. We do not guarantee positive consideration of any information or relationship during Community Reinvestment Act examinations. Any reliance you place on such information is strictly at your own risk. 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 services 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 necessarily 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.

Interactions and Transactions with Other Users

findCRA has elected to provide certain features to you so that you may interact with and exchange information with other Users of the Website. This may include communication tools, forums, listings, messaging, responses, and other User-submitted public posting areas (“User Tools”). We want to encourage an open exchange of information and ideas, but at the same time we want everyone to be able to enjoy these User Tools.

Without limiting the terms of our Privacy Policy, we will not, in the ordinary course of business, review private electronic messages that are not addresses to us or other content or materials submitted through the Website. However, we maintain the right to do so and to use any other forms of information available to us through your use of our Website and/or User Tools (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce these Terms of Use, to gather insight into our Website and related services, or to protect the rights, property or safety of visitors and Users of our Website, the public, our employees or our affiliates.

We cannot and do not review every posting made in any forums, messages, or other areas available for public postings we may provide. You may well read any given posting before anyone on our staff does. Know that any such content is strictly another User’s opinion. You can expect these areas to include information and opinions from a variety of individuals and organizations other than findCRA. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a User, a member of our staff, or findCRA.

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 to be made available to other Users of the Website. If findCRA provides you the ability to anonymously post certain comments or information, we may not include your contact information on the Website in those instances. However, you should know that findCRA’s internal records may 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 not obligation, to monitor disputes between you and other Users related to the Website or any transactions resulting therefrom.

User Feedback

findCRA is interested in hearing from our Users and welcomes comments regarding our Website. 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. If, despite our request, you send us creative suggestions, ideas, drawings, concepts of other information, such submissions will be the property of findCRA and will not be the subject or any obligations of confidentiality and findCRA will not be liable for any future use or disclosure of such submissions.

Technical Requirements

Use of the Website and its related services requires Internet access through your computer or mobile device. You are responsible for all 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 have JavaScript (or similar technologies) enabled to use the Website, and some features and portions of the Website may not be accessible with JavaScript disabled.

Delays and Accessibility

findCRA shall have no liablity whatever for delays or interruption in delivery or accessbility of any of the Website, interruptions of service, or other breach of these Terms of Use due to fire, explosion, lightning, power surge or failure, natural diasaster, water, acts of God, war, civil disturbance, terrorism, acts or ommision of comunications carriers, or other causes beyond findCRA’s reasonable control.

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.

Indemnification

You agree to indemnify and hold harmless findCRA and its owners, managers, members, officers, directors, employees, contractors, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of the Website; (ii) User Content provided by you or through use of the Website; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder. You understand that all information posted on our Website should be construed as our opinion and that we make no guarantee that any of the information we provide including listings, profiles, CRA Analyses, CRA Certification, educational resources, industry insights, blog postings, regulatory guidance, frequently asked questions, tutorials, etc. meet the requirements for qualified CRA activity. All information is provided based on our professional experience supported by industry and regulatory research. Under no circumstances will findCRA be held liable for any loss or damage caused by our reliance on any information on the Website or provided outside of the Website and recommend that you conduct appropriate due diligence as you deem warranted.

Disclaimers

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

UNDER NO CIRCUMSTANCES SHALL FINDCRA OR ITS OWNERS, MANAGERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF FINDCRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP USING THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF FINDCRA AND ITS OWNERS, MANAGERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY FINDCRA DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF THE WEBSITE OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

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.

Copyright Policy

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 infringement (its “Designated Agent”).

Our Designated Agent is:  Brian Waters, President, findCRA, P.O. Box 6005, Louisville, KY 40207, email: 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 online site are covered by a single notification, a representative list of such works at that site.
  • 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.

Choice of Law; Jurisdiction and Venue

These Terms of Use shall be construed in accordance with the laws of the Commonwealth of Kentucky without regard to its conflict of laws rules. Any legal proceedings against findCRA that may arise out of, relate to, or be in any way connected with our Website or these Terms of Use shall be brought exclusively in the state and federal courts of Louisville, Kentucky and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

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 this restriction in section is unconscionable or unenforceable, then our agreement to arbitrate doesn’t 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.

Notices

By using this Website, you consent to receive electronic communications from findCRA (via e-mail or via posting on the Website), and you agree that any such communications satisfy any legal requirement to make such communications in writing. You also agree that findCRA may communicate any notices to you under these Terms of Use, through electronic mail, by regular mail, or by posting the notices on the Website. All notices to findCRA will be provided either sending: (1) an e-mail to support@findCRA.com; or (2) a letter, first class certified mail, to findCRA, Attn: Notices, P.O. Box 6005, Louisville, KY 40207. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.

Amendment; Additional Terms

We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Website or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Website generally, unique parts of the Website, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.

Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the Website or by notification by email or postal mail. It is your responsibility to review the Terms of Use and the Website from time to time for any changes or Additional Terms. Your access and use of any part of the Website following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of the Website and, if applicable, terminate your Account.

Miscellaneous

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.

Except where specifically stated otherwise (e.g., the “Dispute Resolution and Mandatory Arbitration” section), if any part of these Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected. So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms of Use shall remain in force.

These Terms of Use (including the Service Agreements, Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.

You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.

Effective March 2017

Introduction and Acceptance

Welcome to findCRA.com, an interactive online service operated by Community Core, LLC (“Community Core,” “us,” “we,” “our,” et.al.). For the purposes of this Bank Service Agreement, unless otherwise noted, all references to Community Core LLC d/b/a findCRA include www.findCRA.com, findCRA, www.learnCRA.com and search.findCRA.com, referred to as “Website” or “findCRA” herein.

This Bank Service Agreement applies to Users who have registered on the Website and selected to register as a Bank in the areas available to indicate such choice. This Bank Service Agreement is effective March 2017. By accessing or using the Website, you are signifying your acknowledgement and agreement to this Bank Service Agreement.

In addition to this Bank Service Agreement, we have established a Terms of Use and Privacy Policy, which can be found on our Website in the area dedicated for disclosures and are incorporated by reference into this Bank Service Agreement. You can access this Bank Service Agreement at any time and other related disclosures on our Website in the area dedicated for disclosures. For previous versions of our disclosures, please contact us directly.

Key Definitions

“Account” means your User account on our Website.

“Bank” means any legal entity that has registered on our Website and selected a User type of Bank including, but not limited to commercial banks, thrifts, credit unions, insurance agencies, trade associations, etc.

“Bank User License” is a single user license purchased on a monthly or annual plan by a Bank User to gain access to certain restricted content on the Website, including, but not limited to, the Nonprofit Search feature.

“Certified Nonprofit” is a Nonprofit that is listed on a Website that has applied for and been granted a CRA Certification by findCRA.

“Community Need Listing” is a specific need listed on the Website by a Nonprofit for promotion to Bank Users and the general public.

“CRA” means the Community Reinvestment Act, a federal law enacted in 1977, and its subsequent revisions, amendments, variations, implementing regulations and interpretive guidance.

“Licensed Bank User” is a Bank User that has purchased a Bank User License that is currently active.

“Nonprofit” means any legal entity that we have qualified for placement on our Website and/or that has registered on our Website and selected a User type of Nonprofit including, but not limited to, nonprofit organizations, public or private charities, foundations, community development organizations, government entities, etc. For information about classes of Nonprofits, consult our Terms of Use.

“Qualified Nonprofit” is a Nonprofit that has been reviewed and met the requirements to be listed on our Website in the Nonprofit Search feature based on its alignment with the CRA.

“Services” means the products and services that are offered by us both on the Website and independently.

“User” means an individual who has completed registration on our Website for the purpose of using our Services and who is authorized to do so by a Bank or Nonprofit.

“Verified Nonprofit” is a Nonprofit that is listed on our Website that has claimed its Nonprofit listing.

“Website” is our online Services and unless otherwise noted, includes www.findCRA.com, findCRA, www.learnCRA.com and search.findCRA.com, separately or collectively.

Registration and User Account

In order to access or use some features of the Website, you have to become a User. If you are under the age of thirteen, then you are not permitted to register as a User or otherwise submit personal information. You can register on the Website by clicking on any buttons or links indicated as “LOG IN” or “SIGN UP” or other buttons that access the online registration process.

The online registration process consists of three steps including creating your login and password credentials; completing your User information; and completing your Bank information. If you complete only step one of the registration process, you will be considered a registered User and may log in and complete steps two and three at any time from your User profile or from any other button or link that accesses the registration.

When you become a User, you agree to provide true, accurate and complete registration information for both you and your Bank and, if such information changes, you agree to update the relevant registration information as soon as reasonably possibly. During registration, you will create a User name and password which permits you access to certain areas of the Website not available to non-registered Users. You are responsible for safeguarding and maintaining the confidentiality of your User name and password. If you forget your User name or password, you can reset it any time by accessing the Website log in and following the online prompts to reset your password. To maintain security of your password, we do not know nor have access to your password. You are solely responsible for the activity that occurs using your User name and password, whether or not you have authorized the activity. You agree to notify us immediately at support@findCRA.com of any breach of security or unauthorized use of your User name or password.

At the time of your registration, you will be presented the option to purchase a Bank User License (see “Bank User License” section for more details). If you do not purchase a Bank User License at the time of registration, you can log in and purchase a Bank User License at any time from your User profile or from any other button or link that indicates this purchase option. Some content of the Website is restricted to Users who have purchased and have an active Bank User License.

Each User account is independent and if multiple Users register online and complete their User profile and Bank information, we will not combine or share information between Bank Users, even if those Users are employees or affiliated with the same Bank. If you would like to register multiple Users for the same Bank and associate those Users together, please contact us at support@findCRA.com.

Bank User License

In order to gain full access to our Website, you may need to purchase a Bank User License, or otherwise certain Website Content may be restricted. You can purchase a Bank User License during registration or any time thereafter. You must be at least eighteen years or older and authorized by your Bank to purchase a Bank User License.

Single Bank User License – Each Bank User License is for a single User to access the areas of the Website restricted for Licensed Bank Users and are assigned and associated with the User information and log in and password credentials established by the User during registration. Bank User Licenses should not be shared and any access of Website Content restricted under a Bank User License by an individual or credentials that are not attached to the Bank User License can result in suspension or termination of the Bank User License immediately without refund.

Purchasing a Bank User License – When you purchase a Bank User License, you must first complete your registration including your login and password credentials, your User information, and your Bank information. Once you have completed your full registration, you can select the Bank User License purchase option for your User Account and complete the online checkout to activate your Bank User License. It may take us up to one (1) business day to activate your Bank User License after your payment has cleared.

We currently offer two options for purchasing a Bank User License. You can select to purchase a Bank User License on a monthly plan in the amount of $250 per month or an annual plan of $2,500 per year.

Monthly Plan. The Bank User License monthly plan is active month-to-month for thirty (30) calendar days beginning on the date that you complete payment and each subsequent period thereafter. We will automatically rebill or invoice you for each month that you maintain your Bank User License unless you notify us that you want to cancel your Bank User License as described below. You can elect to switch to an annual Bank User License at any time by logging in to your Account and changing your Bank User License to the annual plan.

Annual Plan. The Bank User License annual plan is active for twelve (12) calendar months beginning on the date that you complete payment and each subsequent period thereafter. We will automatically rebill or invoice you each year that you maintain your annual Bank User License unless you notify us that you want to cancel your Bank User License as described below. You can elect to switch to a monthly Bank User License at any time by logging in to your Account and changing your Bank User License to the monthly plan. If you have any time remaining on your annual plan, we will honor that time, and begin monthly rebilling in the month after your current annual plan is scheduled to end.

Payment – During online checkout, you may select to pay for your Bank User License by credit card or by invoiced billing. You may switch between either payment method at your discretion and with proper notification to us. We will activate your Bank User License within one (1) business day of receipt of your payment. Your Bank User License will remain active as long as your have maintained payment on your Account. Otherwise, we reserve the right to restrict, suspend, or terminate your Account for lack of payment.

If you select to pay for your Bank User License by credit card, your Bank User License is billed to the credit card you provide at the time you purchase the Bank User License. The transaction is processed immediately at the time you complete checkout. You will be automatically rebilled to the credit card on file each month or year thereafter on the same calendar day, depending on whether you selected a monthly or annual Bank User License plan. If you would like to be charged on a different date, you may contact us at support@findCRA.com to discuss adjusting your billing date. We reserve the right to approve or deny your request to adjust your billing date. Automatic rebilling will continue until you either change your billing method to invoiced billing, cancel your Bank User License plan, or terminate your Account. If we attempt to automatically rebill your credit card under the terms of your existing Bank User License and your credit card payment cannot be processed due to no fault of ours, we will attempt to process your payment on the next business day or switch your account to invoiced billing and send you an invoice for the amount due.

If you select to pay for your Bank User License by invoiced billing, you will receive an invoice by e-mail within three (3) business days of the date you indicated you would like to purchase a Bank User License. This invoice will reflect the amount due and payable to us and will be delivered to the email address that you provided at registration. We may also mail you paper copies of your invoices upon request or at our discretion to the physical address you provided at registration or that we identify through other means. Your Bank User License will not be activated until we receive payment for your invoice. We must receive payment within thirty (30) calendar days of the invoice date or your Bank User License will be suspended until payment is received. Unless you change your billing plan, cancel your Bank User License plan, or terminate your Account, we will automatically send you an invoice for each subsequent period you maintain your Bank User License, based on the frequency of billing you initially selected (e.g., if you chose monthly billing, we will send an invoice for payment of your Bank User License each month). All payments for outstanding invoices should be remitted to findCRA, ATTN: Payments, P.O. Box 6005, Louisville, KY 40207.

Opting Out of Automatic Renewal – You may only opt out of automatic renewal of your Bank User License within five (5) days business days of the next rebilling date or by canceling your Bank User License or by terminating your Account. When you cancel your Bank User License, your Account will be downgraded to the features of a free Bank User account immediately. You may also notify us by mail, at support@findCRA.com or by phone of your wish to cancel your Bank User License. If you do not notify us at least five (5) business days before your next automatic payment, your automatic payment will be processed in the same manner as previous payments. We may or may not provide a refund for automatic billing canceled within five (5) business days of the automatic renewal date.

Cancelation – You may only cancel a Bank User License if you are the owner of the Account. If you notify us that you wish to cancel your Bank User License by e-mail, in writing, or by phone, we will cancel your Bank User License at the end of the paid through period. At the end of the paid through period, we will cancel your Bank User License and your account will be downgraded to the features of a free Bank User account. You will remain in a free Bank User Account until you either purchase a new Bank User License or notify us that you wish to terminate your Account. You will not be entitled to any refund of payments made prior to your notification of cancelation. See the Termination of Account section below for more information on terminating an Account fully.

Limitations – A Bank User License is designed and intended for use by Bank Users, generally employees of commercial banking institutions operating in the United States, that must adhere to and demonstrate performance with the federal Community Reinvestment Act. While some similar financial institutions, such as credit unions or insurance agencies, may wish to purchase a Bank User License, if you are not a commercial banking institution required to adhere to the CRA, we recommend that you first contact us at support@findCRA.com to determine if a Bank User License is appropriate for your entity. If we determine that you have purchased a Bank User License inappropriately or in error, we reserve the right, without advance notice to you, to suspend or restrict your Account and Website access until such time that we can discuss the purchase with you and determine the appropriate resolution.

Bank Services

We will make our Services available to you pursuant to this Bank Service Agreement and any applicable documents that we provided in the performance of our Services.

Service Area – Our service area includes all geographical areas within the United States, including Alaska, Hawaii, and U.S. territories. We are registered and operate under the laws of the Commonwealth of Kentucky. In some instances, due to factors such as availability of nonprofits, banks or other information in certain geographic areas, we reserve the right to refuse to offer our Services in a particular geographic region. We will inform you of this refusal when we make such a determination.

Nonprofit Search – For Bank Users with an active Bank User License (“Licensed Bank User”), we provide access to our Nonprofit Search feature. This feature gives Licensed Bank Users the ability to search for and review information about Qualified Nonprofits whereby we have made a determination that the entity may be aligned with CRA requirements.

Qualification Process. findCRA utilizes a proprietary, rules-based algorithm to qualify Nonprofits based on data accumulated from a variety of publicly available government and industry databases and sources. Using this information, findCRA has designed rules and other evaluation steps to review each Nonprofit for selected geographic regions to determine its alignment with the requirements of the CRA. Whenever possible, findCRA utilizes the most current information during this decision process and at a minimum, each Qualified Nonprofit listed on our Website is currently registered with the Internal Revenue Service. However, from time-to-time, Qualified Nonprofits may restructure, merge, become inactive, cease operations, or dissolve. These instances are outside of the control of findCRA and we do not continually monitor changes in the operations and legal status of Qualified Nonprofits. In any instance where we become aware that a Qualified Nonprofit is ineligible for listing on the Website, has ceased operations, etc. we will remove the Qualified Nonprofit from the Website within a reasonable time of identifying their ineligibility. We also periodically re-evaluate and update Qualified Nonprofits which may result in changes to the available listings in a particular geography after re-evaluation, including, but not limited to, new Qualified Nonprofits being added, ineligible Nonprofits being removed, and data on Qualified Nonprofit listings changing due to informational updates.

Searching Nonprofits. A Licensed Bank User may conduct a geographic search of Qualified Nonprofits at any time by logging into their Account and accessing the Nonprofit Search feature. There are no restrictions on which geographies or Qualified Nonprofits may be searched. We do not guarantee that all geographies will be available at any time, as we are continually adding and re-evaluating certain geographies. You can contact us at support@findCRA.com at any time to request a current listing of all geographies that have been qualified and are available for searching.

Verified Nonprofits. A Qualified Nonprofit has the ability to complete an online search and claim their Nonprofit listing on the Website. In these instances, additional information will be added to this Nonprofit’s listing and if approved, their status on the Website will change from a Qualified Nonprofit to a Verified Nonprofit.

Certified Nonprofits. A Verified Nonprofit has the ability to complete an online application and submit a nonrefundable application fee for CRA Certification through findCRA. In this instance, findCRA reviews a detailed application, conducts additional due diligence, and reviews additional documentation for each submitted application. When a Nonprofit meets these requirements and passes findCRA’s independent review and due diligence process, the Nonprofit will be granted CRA Certification. In this instance, additional information will be added to this Nonprofit’s listing and their status on the Website will change from a Verified Nonprofit to a Certified Nonprofit.

Selecting Nonprofits. A Licensed Bank User gains access to review a detailed Nonprofit profile for each Nonprofit listed on the Website which includes a variety of information. Licensed Bank Users can save individual Nonprofit listings to their Account for viewing later.

Nonprofit Introductions. A Licensed Bank User may request an introduction to the Nonprofit through the Website. When a Licensed Bank User requests an introduction through the Website, findCRA will facilitate an email introduction between the Licensed Bank User and the Nonprofit User. From that point forward, it will be the responsibility of the Licensed Bank User and Nonprofit User to continue their collaboration, independent from findCRA.

Messaging Nonprofits. Only Verified Nonprofits or Certified Nonprofits can be messaged directly through the findCRA Website and only in the instances where these Nonprofits have provided an email address. A Licensed Bank User may message the Nonprofit User directly through the messaging features enabled within the Website. This email message will be delivered directly to the Nonprofit User from the Licensed Bank User, facilitated by the Website. From that point forward, it will be the responsibility of the Bank User and Nonprofit User to continue their collaboration, independent from findCRA.

Community Need Listings Search – For any Bank User we provide access to the Community Needs Listings Search page. This feature gives Bank Users the ability to search and review information about current Community Need Listings posted by our Nonprofit Users.

Searching Community Need Listings. A Bank User may conduct a geographic search of any Community Need Listings at any time by logging into their Account and accessing the Community Needs Listings Search page. There are no restrictions on which geographies or Community Need Listings may be searched. We do not guarantee that all geographies will be available at any time, as available listings are dependent on our Nonprofit Users, submitting and findCRA approving Community Need Listings for posting on the Website. Except for Community Need Listings that were listed prior to the date of this Bank Service Agreement, from that date forward, only Certified Nonprofits may post a Community Need Listing.

Selecting Community Need Listings. Bank Users gain access to review a detailed Community Need Listings on the Website, which includes a variety of information. Bank Users can save individual Community Need Listings to their Account for viewing later.

CRA Analysis. For each Community Need Listing, findCRA creates and includes a CRA Analysis. This CRA Analysis includes information about how the Community Need Listing meets the requirements of the Community Reinvestment Act. It is prepared by a findCRA representative and should only be viewed as our opinion based on our professional experience, research, and interpretation of the CRA. As such, only findCRA representatives can create and edit the content of the CRA Analysis. The CRA Analysis does not guarantee positive consideration or CRA credit during regulatory examinations. As a Bank User, it is your responsibility to evaluate the accuracy of the information provided in the CRA Analysis to verify that the Community Need Listing meets your own qualification and documentation standards.

Nonprofit Introductions. A Bank User may request an introduction to the Nonprofit that submitted the Community Need Listing, directly through the Website. When a Bank User requests an introduction through the Website, findCRA will facilitate an email introduction between the Bank User and the Nonprofit User. From that point forward, it will be the responsibility of the Bank User and Nonprofit User to continue their collaboration, independent from findCRA, including any subsequent discussions about the Community Need Listing and the Bank User’s desire to support it.

findCRA Learning Center – findCRA provides the findCRA Learning Center, located at www.learnCRA.com, as an educational resources with access to current industry news, white papers, articles, postings, technical support, examination guidelines, regulatory guidance, etc. Access to the findCRA Learning Center is open to Website visitors and registered Users. In addition, the findCRA Learning Center also maintains forums wherein Banks, Nonprofits, and other individuals can collaborate and share information and ideas regarding the CRA and their respective industry. Access to the forums is open to Website visitors but the ability to post new topics or reply to existing topics is restricted to registered Users. For more information about requirements regarding User Content, User Tools, etc., please refer to our Terms of Use.

No Commitment to Support

When you utilize our Website to save a Nonprofit or Community Need Listing, request an introduction, or message a Nonprofit, you are not making a firm commitment to support the Nonprofit or its Community Need Listing. You agree that when you request an introduction or message a Nonprofit that you will promptly respond to follow-up communication from findCRA or the Nonprofit regarding your request, including communication of your ultimate decision to either move forward or not move forward with the Nonprofit.

findCRA Consulting Services

From time to time, a Bank User may request for findCRA to provide CRA Consulting Services to their Bank. In those instances, a consulting scoping meeting will be conducted and a separate proposal will be submitted to the Bank for review. If the Bank selects to proceed with CRA Consulting Services, a separate Statement of Work and/or Service Agreement will be independently negotiated and executed for the CRA Consulting Services.

No CRA Guarantee

The information that we present on our Website is provided for our Bank Users to review and select Nonprofits or Community Need Listings based on their own Bank’s needs and goals. While we provide detailed information about CRA alignment and requirements for Nonprofits and Community Need Listings, it is solely based on our professional experience, research, and interpretation of the CRA. We cannot guarantee positive consideration or CRA credit during regulatory examinations regarding any Nonprofit, Community Need Listing or other information provided to you through our Website or Services. As a Bank 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 Community Reinvestment Act.

Termination of Account

We reserve the right in our sole discretion and at any time to terminate or suspend your Account or block your access to the Website for any reason including, without limitation, if you have failed to comply with the letter and spirit of this Bank Service Agreement. You agree that neither us nor our representatives shall be liable to you or any third party for any termination or suspension of your Account or for restricting your access to the Website.

You may terminate your Account on the Website at any time by advising us in writing or by email at least fifteen (15) business days in advance of the date on which you wish your Account to terminate. You will remain responsible for any introductions, messages or other nonprofit support that are in process at the time of your termination and agree to maintain contact and support until they are completed, including keeping us updated of their status and responding to the nonprofit’s requests. Any outstanding payments due to us upon notification of your termination are immediately due.

Any suspension or termination shall not affect your obligations to us under this Bank Service Agreement. The provisions of this Bank Service Agreement which by their nature should survive the suspension or termination of your Account or this Bank Service Agreement shall survive including, but not limited to the rights and licenses that you have granted hereunder and the Terms of Use incorporated herein by reference including indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury and all of the Miscellaneous section.

Amendment; Additional Terms

We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Website or our Services or to modify this Bank Service Agreement. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Website generally, unique parts of the Website, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into this Bank Service Agreement. To the extent any Additional Terms conflict with this Bank Service Agreement, the Additional Terms will control.

Modifications to this Bank Service Agreement or Additional Terms will be effective immediately upon notice, either by posting on the Website or by notification by email or postal mail. It is your responsibility to review the Bank Service Agreement and the Website from time to time for any changes or Additional Terms. Your access and use of any the Website following any modification of this Bank Service Agreement or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to this Bank Service Agreement or to any Additional Terms, immediately discontinue use of the Website and, if applicable, terminate your Account.

Miscellaneous

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.

Except where specifically stated otherwise, if any part of this Bank Service Agreement is unlawful or unenforceable for any reason, we both agree that only that part of this Service Agreement shall be stricken and that the remaining terms in this Bank Service Agreement shall not be affected. So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of this Bank Service Agreement shall remain in force.

This Bank Service Agreement (including the Terms of Use, Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.

You may not assign this Bank Service Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign this Bank Service Agreement or any rights hereunder without your consent and without notice.

Effective March 2017

Introduction and Acceptance

Welcome to findCRA.com, an interactive online service operated by Community Core, LLC (“Community Core,” “us,” “we,” “our,” et.al.). For the purposes of this Nonprofit Service Agreement, unless otherwise noted, all references to Community Core LLC d/b/a findCRA include www.findCRA.com, findCRA, www.learnCRA.com and search.findCRA.com, referred to as “Website” or “findCRA” herein.

This Nonprofit Service Agreement applies to Users who have registered on the Website and selected to register as a Nonprofit in the areas available to indicate such choice. This Nonprofit Service Agreement is effective March 2017. By accessing or using the Website, you are signifying your acknowledgement and agreement to this Nonprofit Service Agreement.

In addition to this Nonprofit Service Agreement, we have established a Terms of Use and Privacy Policy, which can be found on our Website in the area, dedicated for disclosures and are incorporated by reference into this Nonprofit Service Agreement. You can access this Nonprofit Service Agreement at any time and other related disclosures on our Website in the area dedicated for disclosures. For previous versions of our disclosures, please contact us directly.

Key Definitions

“Account” means your User account on our Website.

“Bank” means any legal entity that has registered on our Website and selected a User type of Bank including, but not limited to commercial banks, thrifts, credit unions, insurance agencies, trade associations, etc.

“Certified Nonprofit” is a Nonprofit that is listed on a Website that has applied for and been granted a CRA Certification by findCRA.

“Community Need Listing” is a specific need listed on the Website by a Nonprofit for promotion to Bank Users and the general public.

“CRA” means the Community Reinvestment Act, a federal law enacted in 1977, and its subsequent revisions, amendments, variations, implementing regulations and interpretive guidance.

“Nonprofit” means any legal entity that we have qualified for placement on our Website and/or that has registered on our Website and selected a User type of Nonprofit including, but not limited to, nonprofit organizations, public or private charities, foundations, community development organizations, government entities, etc. For information about classes of Nonprofits, consult our Terms of Use.

“Qualified Nonprofit” is a Nonprofit that has been reviewed and met the requirements to be listed on our Website in the Nonprofit Search feature based on its alignment with the CRA.

“Services” means the products and services that are offered by us both on the Website and independently.

“User” means an individual who has completed registration on our Website for the purpose of using our Services and who is authorized to do so by a Bank or Nonprofit.

“Verified Nonprofit” is a Nonprofit that is listed on our Website that has claimed its Nonprofit listing.

“Website” is our online Services and unless otherwise noted, includes www.findCRA.com, findCRA, www.learnCRA.com and search.findCRA.com, separately or collectively.

Registration and User Account

In order to access or use some features of the Website, you have to become a User. If you are under the age of thirteen, then you are not permitted to register as a User or otherwise submit personal information. You can register on the Website by clicking on any buttons or links indicated as “LOG IN” or “SIGN UP” or other buttons that access the online registration process.

The online registration process consists of four steps including claiming your Nonprofit listing that we have placed on the Website, creating your login and password credentials; completing your User information; and completing your Nonprofit information. If you only claim your Nonprofit listing, you will be considered a registered User and may log in and complete the remaining steps at any time from your User profile or from any other button or link that accesses the registration.

When you become a User, you agree to provide true, accurate and complete registration information for both you and your Nonprofit and, if such information changes, you agree to update the relevant registration information as soon as reasonably possibly. During registration, you will create a User name and password which permits you access to certain areas of the Website not available to non-registered Users. You are responsible for safeguarding and maintaining the confidentiality of your User name and password. If you forget your User name or password, you can reset it any time by accessing the Website log in and following the online prompts to reset your password. To maintain security of your password, we do not know nor have access to your password. You are solely responsible for the activity that occurs using your User name and password, whether or not you have authorized the activity. You agree to notify us immediately at support@findCRA.com of any breach of security or unauthorized use of your User name or password.

Registering as the first User for a Nonprofit. If you are the first User to claim a Nonprofit listing and register for that Nonprofit, you will become the Account Owner for that Nonprofit Account. As the Account Owner, you will be responsible for certain actions including, but not limited to, approving or declining additional Users for your Nonprofit. You can request a change in Account Owner status by contacting us at support@findCRA.com.

Registering as an Additional User for a Nonprofit. If you attempt to claim a Nonprofit Listing or register as a User for a Nonprofit that has already been claimed, your request must first be approved by the Account Owner before your User Account is complete and active. As an Additional User on the existing Nonprofit Account, you will have full access to most features of the Website including your Nonprofit listing, CRA Certification, etc. However, you will not be able to access certain features including, but not limited to, terminating your Nonprofit Account or approving or declining Additional Users for your Nonprofit Account.

Managing Users

As the Account Owner, you are granted the right to approve, decline, and manage Additional Users for your Nonprofit. To access you Nonprofit User management features, log in to your Account and select “Users” from the User Dashboard. Only the Account Owner can approve, decline, and manage User for your Nonprofit.

Approving and Declining Users. As the Account Owner, when an Additional User requests to join your Nonprofit by attemptiong to claim your Nonprofit through our online features, you will be notified that a new User wants to attach themselves to your Nonprofit Account. We will notify by email at the email address that we currently have on file for your User Account. You reserve the right to approve or decline an Additional User’s request to join your Nonprofit Account. You can submit you decision to approve or decline an Additional User from the “Manage Users” tab in the “My Account” section of the User Dashboard. When you choose to “Approve” an Additional User on your Nonprofit Account, they are attached to your Nonprofit and receive access to all of the features and services of your Account, except that they do not receive access to approve and decline Additional User request, they cannot terminate your Nonprofit Account, and they cannot edit any Community Need Listings that they have not created. When you choose to “Decline” an Additional User on your Nonprofit Account, thye are not attached to your Nonprofit and do not receive access to any of your Nonprofit’s information or Account. They are classified as a General User in our system and are not attached to any Nonprofit Account until further action is taken. In either case, we will notify the Additional User of your ultimate decision to approve or decline their request to join your Nonprofit Account.

User Management. Any Nonprofit User can view a list of all Users attached to their Nonprofit Account from their User Dashboard. Nonprofit Users can view which User is the Account Owner, which Users are active, and which Users are pending. Declined Users will be removed from the User Dashboard and are not listed there. Only an Account Owner can approve or decline pending Users as outlined above. Only an Account Owner can request that a different User on their Nonprofit Account assume the role of Account Owner and ther can only be one Account Owner at any time. Neither the Acount Owner nor any Additional Users can remove or decline a User once they have been Approved using the User Dashboard. If you need to make adjustments to your Account Owner, remove a previously approved User, or make other adjustments to your Users, outside of the functions accesible to you, please contact us at support@findCRA.com.

Nonprofit Services

We will make our Services available to you pursuant to this Nonprofit Service Agreement and any applicable documents that we provided in the performance of our Services.

Service Area – Our service area includes all geographical areas within the United States, including Alaska, Hawaii, and U.S. territories. We are registered and operate under the laws of the Commonwealth of Kentucky. In some instances, due to factors such as availability of nonprofits, banks or other information in certain geographic areas, we reserve the right to refuse to offer our Services in a particular geographic region. We will inform you of this refusal when we make such a determination.

Nonprofit Search – We provide Bank Users the ability to search and view Qualified Nonprofits for informational and relationship building activities. We independently qualify Nonprofits as outlined below.

Qualification Process. findCRA utilizes a proprietary, rules-based algorithm to qualify Nonprofits based on data accumulated from a variety of publicly available government and industry databases and sources. Using this information, findCRA has designed rules and other evaluation steps to review each Nonprofit for selected geographic regions to determine its alignment with the requirements of the CRA. Whenever possible, findCRA utilizes the most current information during this decision process and at a minimum, each Qualified Nonprofit listed on our Website is currently registered with the Internal Revenue Service. However, from time-to-time, Qualified Nonprofits may restructure, merge, become inactive, cease operations, or dissolve. These instances are outside of the control of findCRA and we do not continually monitor changes in the operations and legal status of Qualified Nonprofits. In any instance where we become aware that a Qualified Nonprofit is ineligible for listing on the Website, has ceased operations, etc. we will remove the Qualified Nonprofit from the Website within a reasonable time of identifying their ineligibility. We also periodically re-evaluate and update Qualified Nonprofits which may result in changes to the available listings in a particular geography after re-evaluation, including, but not limited to, new Qualified Nonprofits being added, ineligible Nonprofits being removed, and data on Qualified Nonprofit listings changing due to informational updates.

Qualified Nonprofit Listing. When a Nonprofit has successfully passed our qualification process, we will create a Qualified Nonprofit listing on our Website. This listing will be unique to the Qualified Nonprofit and contain dozens of data points from various government and industry sources. We have selected these data points to carefully illustrate and provide information that Bank Users may be interested in knowing when reviewing Qualified Nonprofits. When you become a User and claim your Nonprofit listing, you will gain access to see your Nonprofit listing. You will not be able to view or see any other Nonprofit listings on the Website. While you can view your listing, you will not be able to update, delete or add any information to your Nonprofit listing, outside of the information provided during the claim your listing process. If you believe that your Nonprofit listing contains inaccurate or incorrect information and you would like it updated or removed, please contact us at support@findCRA.com.

Inclusion as a Qualified Nonprofit. When you appear as a Qualified Nonprofit on our Website it is an indication that your Nonprofit has successfully passed our proprietary qualification criteria based on an evaluation of publically available data related to your Nonprofit accumulated from a variety of government and industry sources. Unless you have directly submitted a requested to us for evaluation and we have subsequently qualified your Nonprofit based upon that request and our independent review of your Nonprofit in comparison to our qualification criteria, your Qualified Nonprofit has been added to our Website solely based on our independent qualification process. Your inclusion as a Qualified Nonprofit on our Website neither implies any affiliation, sponsorship, granting or rights to trademarks or other intellectual property, or endorsement of our Services or Website nor any partnership or other relationship with findCRA, unless otherwise noted. Any information appearing on the Website related to your Qualified Nonprofit is published as it appears in the applicable government or industry source or has been independently added through our own expertise.

Request to be Added. If you attempt to claim your Nonprofit listing, but we have not yet qualified your geography or we instruct you that your Nonprofit is not currently in the Qualified Nonprofit database, you may request that we consider your Nonprofit for qualification. At the time of your inquiry, you will be presented an online form to complete to request qualification. By submitting this form, you authorize findCRA to review your Nonprofit for potential addition to the website. We make no guarantee that by submitting the form that your Nonprofit will become a Qualified Nonprofit. We will notify you by email of our ultimate decision.

Request to be Removed. If you are a Qualified Nonprofit that we have added to our Website, but do not want to appear on the Website, you can request that your Qualified Nonprofit be removed. You can submit this request by sending an email to support@findCRA.com. In the email requesting removal from the Website, you should include your Nonprofit’s full official legal name, employer identification number or tax identification number, full address of record with the Internal Revenue Service, the full name of the individual requesting the removal, that individual’s official role with the Nonprofit, an email address where the individual can be reached, and a brief statement as to why the Nonprofit would like to removed from the Website. We will review any requests for removal and confirm via email when the Qualified Nonprofit has been removed from the Website to the email address included with the request to be removed sent by the Nonprofit.

Claim Your Nonprofit. A Nonprofit can claim their listing on our Website by accessing the Claim Your Nonprofit feature from the footer on the homepage or through any other similar prompts on the Website. To claim a Nonprofit listing, the User must be able to successfully provide information about the Nonprofit, such as its Employer Identification Number or Tax Identification Number. Once a User has claimed a Nonprofit listing, additional Users can attach their User Account to the same Nonprofit as detailed in the “Registration and User Account” section above. By claiming your Nonprofit listing, you are able to provide additional information about your Nonprofit such as your website, mission statement, focus area, clients served and contact email. By providing a contact email, you will activate messaging features on the Website and authorize findCRA to allow Bank Users to reach out and message you directly if they are interested in your Nonprofit. When you successfully claim your Nonprofit listing, your Nonprofit’s status on the Website will change from a Qualified Nonprofit to a Verified Nonprofit. In these instances, the additional information that you provided during the Claim Your Nonprofit process will be added to your Nonprofit’s listing on the Website for Bank Users to view.

Bank Introductions. A Bank User may request an introduction to a Nonprofit through the Website. When a Bank User requests an introduction through the Website, findCRA will facilitate an email introduction between the Bank User and the Nonprofit User. From that point forward, it will be the responsibility of the Bank User and Nonprofit User to continue their collaboration, independent from findCRA.

Bank Messages. Verified Nonprofits or Certified Nonprofits can be messaged directly through the findCRA Website and only in the instances where these Nonprofits have provided an email address. A Bank User may message the Nonprofit User directly through the messaging features enabled within the Website and available to Bank Users. The Nonprofit User can select if they would like these messages received at a general email for the Nonprofit or to a specific email assigned to one of the Nonprofit’s employees. This email message will be delivered directly to the Nonprofit User from the Bank User, facilitated by the Website. From that point forward, it will be the responsibility of the Bank User and Nonprofit User to continue their collaboration, independent from findCRA.

findCRA Learning Center – findCRA provides the findCRA Learning Center, located at www.learnCRA.com, as an educational resource with access to current industry news, white papers, articles, postings, technical support, examination guidelines, regulatory guidance, etc. Access to the findCRA Learning Center is open to Website visitors and registered Users. In addition, the findCRA Learning Center also maintains forums wherein Banks, Nonprofits, and other individuals can collaborate and share information and ideas regarding the CRA and their respective industry. Access to the forums is open to Website visitors but the ability to post new topics or reply to existing topics is restricted to registered Users. For more information about requirements regarding User Content, User Tools, etc., please refer to our Terms of Use.

CRA Certification

Application. In order to be evaluated for CRA Certification, a Nonprofit must submit a CRA Certification Application, which can be found on our Website. Any User approved on your Nonprofit Account or other valid representative of your Nonprofit can submit a CRA Certification Application for your Nonprofit. The CRA Certification Application can only be submitted online and must be completed by an official representative of the Nonprofit.   If the Nonprofit creates an Application Account and logs in to that Application Account while working on the online CRA Certification Application, progress on the online Application will automatically save as the Nonprofit navigates to a new page within the online Application. At any time, the Nonprofit can also choose to save its progress in the online Application by pressing the “SAVE PROGRESS” button at the bottom of each page.

Application Account. In order to submit the CRA Certification Application, the Nonprofit must establish a separate online account, independent from their findCRA Account, to complete, save, return to and submit their CRA Certification Application. If the Nonprofit does not create a CRA Certification Application Account online before beginning the online Application process, the Nonprofit will not be able to save their progress or return to it at a later time. All information in the online Application that is not submitted during the same online session will be lost if the Nonprofit closes their browser or navigates to another page.

The log in and password created for the Application Account is only for the online CRA Certification Application process and does not affect the Nonprofit’s general User name and password for the Website. If the Nonprofit does not want to complete the online Application in a single session, the Nonprofit can save its progress and return to the online Application any time using the Application Account.

Preliminary Requirements. In order to submit a CRA Certification Application, the Nonprofit should be listed as a Qualified Nonprofit on our Website and successfully completed the Claim Your Nonprofit process. If a Nonprofit submits a CRA Certification Application without completing these two preliminary steps, we reserve the right to reject their CRA Certification Application until these two preliminary steps are completed or to process their CRA Certification Application and retroactively add the Nonprofit to our Website if it meets the requirement for granting of CRA Certified Nonprofit status.

Application Requirements. The Nonprofit representative must be authorized to and able to answer detailed questions about the Nonprofit in a variety of areas including the Nonprofit’s programs and services, its goals and measurements of success, its Board of Directors and management structure, its organizational structure, its staff and volunteers, its finances and funding sources, its involvement with Banks, its online and social media presence, etc.

Required Documentation. As part of the CRA Certification Application, the Nonprofit must be able to submit certain required documents including a copy of the IRS Nonprofit Status Determination Letter, a copy of the Nonprofit’s most recent tax filing (990 form or equivalent) and a list of the Nonprofit’s current Board of Directors, including their affiliations.

 Application Submission. After completing the online Application and attaching any required documents, the Nonprofit must submit the CRA Certification Application to findCRA by clicking on the “SUBMIT” button at the end of the online Application.   After submitting the online Application, the Nonprofit must complete the checkout for the Initial CRA Certification Fee of $300. The Fee can be paid by credit card online or an invoice may be requested. The Fee is nonrefundable and assessed for the processing of the Application, regardless of our decision to grant or not to grant CRA Certification to your Nonprofit.   We reserve the right to not begin processing your CRA Certification Application until payment has been received and will not provide any deliverables related to your CRA Certification until payment is received.

Acknowledgment. When you submit your CRA Certification Application, your Nonprofit representative must affirmatively acknowledge they are submitting the Application and any information contained within it or documents submitted with it to findCRA for independent review by us. The Nonprofit representative completing this acknowledgment will be asked to affirm that they are representing the Nonprofit applicant and that they have the authority to submit the online Application. They will also be required to accept the terms and conditions on behalf of the Nonprofit and be bound to those terms and conditions. They also certify that any information that is provided with the CRA Certification Application is true and accurate to the best of their knowledge.

Application Expiration. If your begin the online CRA Certification Application process and do not submit it and subsequently abandon it as evidenced by your not logging in to your Application Account for more than sixty (60) consecutive calendar days, we will assume that you have abandoned your CRA Certification Application unless you notify us otherwise. If we classify your CRA Certification Application as abandoned, we reserve the right to delete it from our system. You can prevent this from happening by logging in to your Application Account before sixty (60) consecutive calendar days of inactivity has elapsed or by notifying us that you would like to extend the time to complete your online Application by emailing support@findCRA.com.

Application Processing. After you have successfully submitted your CRA Certification Application and payment for the Initial CRA Certification Fee, we will begin processing your CRA Certification Application. Processing of your CRA Certification Application may take up to thirty (30) calendar days from the later of the day you submitted the online application or the receipt of payment for the Initial CRA Certification Fee. During this thirty (30) day period, we will evaluate your CRA Certification Application, conduct additional independent research and due diligence and prepare any customized CRA Tools for your Nonprofit. If we have any questions regarding your CRA Certification Application or need additional clarification or documentation, we will direct those inquires to the contact information provided in the online Application.

Application Decision. After reviewing your CRA Certification Application utilizing our internal processes and procedures, we may or may not grant your Nonprofit CRA Certified status. We will notify you of our decision via email. If approved, you will receive access to your customized CRA Tools. Your customized CRA Tools will be made available in the section dedicated for CRA Certification in your User Dashboard within five (5) business days of us notifying you that your CRA Certification Application has been approved. If denied, you may contact us for more information about why your Nonprofit was denied by responding to the email notification or emailing us at support@findCRA.com.

CRA Tools. If your Nonprofit is granted CRA Certified status, your Nonprofit will receive customized CRA Tools to support your outreach efforts to banks. These tools include a personalized one-page CRA Story document that you can provide to interested banks, a personalized one-page CRA Strategy document for use internally by your Nonprofit to build your CRA documentation and narrative, a Certified CRA Nonprofit Certificate and a Certified CRA Nonprofit Badge for use on your Nonprofit website, in social media or other marketing endeavors, collectively referred to throughout this document as “CRA Tools”. Your CRA Tools will be available for download at any time from your User Dashboard on our Website. As part of your CRA Certification, you will also receive access to create Community Need Listings as described below.

CRA Tools Expiration and Appropriate Use. Each CRA Tool will include an expiration date and you agree to not utilize any CRA Tools after their documented expiration date, with the exception of the Certified CRA Nonprofit Badge, which may remain on your website, but cannot be utilized in marketing efforts past its expiration date. Also, each CRA Tool is customized and unique to your Nonprofit and cannot be shared with another Nonprofit to be used by that Nonprofit to demonstrate that they are CRA Certified. If we become aware that you have utilized your CRA Tools after their documented expiration date, have shared your CRA Tools with another Nonprofit to be used by them inappropriately, or have manipulated or modified the CRA Tools in a way to make their content inaccurate or invalid or to misrepresent the content that we provided to your Nonprofit, we will immediately revoke your CRA Certified status and restrict access to any CRA Tools or Website features granted as part of your CRA Certification.

Term of Initial CRA Certification.   When we grant you CRA Certified Nonprofit status, your initial CRA Certification will be valid for one (1) full calendar year from the date of issuance.   Your CRA Certification status will expire on the anniversary date of your issuance date.   If you do not undertake steps to maintain your CRA Certified Nonprofit status by renewing it as outlined below, your CRA Certified Status will expire, your Nonprofit Profile will have any information related to your CRA Certified Status removed, your access to your CRA Tools may be restricted and your access to create Community Need Listings may be restricted until such time that you renew or apply for CRA Certified Status again.

Grace Period. You must begin the CRA Certification Renewal process as outlined below in advance of or within thirty (30) days of your CRA Certification expiring each year. If you have not informed us that you would like to renew your CRA Certification within this grace period, we will assume that your intend to let your CRA Certification expire. If your CRA Certification expires, you will be required to submit a new CRA Certification Application and pay the full Initial CRA Certification Fee if you want to renew your CRA Certification outside of the grace period provided here.

CRA Certification Renewals. Each year, a Nonprofit that has been granted CRA Certified status is required to submit a request to renew their CRA Certification. We will notify your Nonprofit at least thirty (30) calendar days before your CRA Certification is set to expire. Any User approved on your Nonprofit Account can renew your Nonprofit’s CRA Certified status. In order to renew your CRA Certification, a Nonprofit representative must complete a shorter Renewal Application to verify that the information related to the Nonprofit has not significantly changed and to update any information from the previous year’s submission. This Renewal Application must be submitted in the same manner and is subject to all of the same requirements outlined for the Initial CRA Certification described above. At the time of submission of the Renewal Application, the Nonprofit must also submit payment for a non-refundable $150 CRA Certification Renewal Fee. Once we receive your Renewal Application and accompanying payment, we will process your Renewal Application in the same manner as we processed your Initial CRA Certification Application as described above. We will notify you of our decision to extend your CRA Certification Application and provide updated customized CRA Tools, as applicable, based on changes that you submitted within your Renewal Application. Your CRA Certification will be renewed for a term of one (1) calendar year from the date of our notifying you of our decision to extend your CRA Certified status.   In some instances, if your Nonprofit has experienced significant changes since your initial CRA Certification Application or last Renewal Application, we reserve the right and may require that your Nonprofit complete a new initial CRA Certification Application. In those instances, your Nonprofit will also be required to submit a new Initial CRA Certification Fee of $300.

Certification Standards. CRA Certified status is granted to Nonprofits that have successfully met the application and qualification requirements established by findCRA to grant CRA Certification. For each Nonprofit seeking CRA Certification, findCRA will independently review the information provided by the Nonprofit in their CRA Certification Application. Additionally, findCRA will conduct independent research and evaluate the Nonprofit based on publically available data in comparison to CRA requirements, regulatory guidance for bank relationships with third parties, Bank Secrecy Act requirements, OFAC compliance and similar bank regulations and guidance. CRA Certification is solely granted by findCRA based on our evaluation of the Nonprofit’s CRA Certification Application, our independent research of the Nonprofit and our professional experience and expertise in comparison to our standardized evaluation process and does not imply certification, either officially or unofficially, by any other organization, regulatory agency, entity or certification or accreditation organization.

CRA Certification Payment

In order to complete the processing of your CRA Certification Application, you must submit payment through the online payment process. You have the option to submit payment via credit card through our secure payment portal or request an invoice be sent to your Nonprofit for processing. If you select to have an invoice sent to your Nonprofit, it may delay the processing of your CRA Certification Application until payment is received.

Initial CRA Certification Fee – The Fee for processing your initial CRA Certification Application is $300. This Fee is assessed for the processing of the application by findCRA. The Fee is non-refundable regardless our decision to approve or deny your CRA Certification Application. The Fee is charged per CRA Certification Application submitted and a separate CRA Certification Application must be submitted for each Nonprofit.

CRA Certification Renewal Fee – The Fee for processing your CRA Certification Renewal Application is $150. This Fee is assessed for the processing of the application by findCRA. The Fee is non-refundable regardless our decision to approve or deny your CRA Certification Application. The Fee is charged per CRA Certification Renewal Application submitted and a separate CRA Certification Renewal Application must be submitted for each Nonprofit each calendar year.

Payment – During online checkout, you may select to pay by credit card or by invoiced billing.

If you select to pay by credit card, your applicable Fee is billed to the credit card you provide at the time of purchase. The transaction is processed immediately at the time you complete checkout. You will not be automatically rebilled at any time. If we attempt to bill your credit card for payment and your credit card payment cannot be processed due to no fault of ours, we will attempt to process your payment on the next business day or we reserve the right to send you an invoice for the amount due.

If you select to pay by invoiced billing, you will receive an invoice by e-mail within three (3) business days of the date you indicated you would like to submit payment. This invoice will reflect the amount due and payable to us and will be delivered to the email address that you provided in your online Application. We may also mail you paper copies of your invoices upon request or at our discretion to the physical address you provided in your online Application, that we have on file, or that we identify through other means. The processing of your initial CRA Certification Application or your CRA Certification Renewal Application may be delayed until we receive payment in full for the applicable Fee. If we do not receive payment within sixty (60) calendar days of the invoice date we will assume that you have abandoned your Application and will not continue processing it and you will be required to submit a new Initial CRA Certification Application if you attempt to submit payment at a later date. All payments for outstanding invoices should be remitted to findCRA, ATTN: Payments, P.O. Box 6005, Louisville, KY 40207.

Cancelation – You may cancel your CRA Certified status by electing to not renew it at its next scheduled renewal date. If you notify us that your intent to cancel your CRA Certified status by email, in writing, or by phone, we will not inform of your upcoming renewal date and will allow your CRA Certified status to expire at the end of its current period. When your CRA Certified status expires, we will adjust your Nonprofit to Verified Nonprofit status and access to your CRA Tools, Community Need Listings and other features on the Website may be restricted. You will not be entitled to any refund of payments made related to your CRA Certification and/or CRA Certification Renewals. See the Termination of Account section below for more information on terminating an Account fully.

Community Need Listings

Community Need Listing Creation. When your Nonprofit is granted CRA Certified status, you are given access to create Community Need Listings on our Website at any time you maintain an active CRA Certification. Your Nonprofit is responsible for ensuring the accuracy and validity of the information you provide in your Community Need Listing and you may edit the content you provided within your Community Need Listing at any time. When you create a Community Need Listing for your Nonprofit, you acknowledge to us and any User that may view or choose to support the Community Need Listing that your Nonprofit is authorized to solicit donations and is registered with the appropriate federal and/or state government offices. We reserve the right to refuse or remove any Community Need Listing at our discretion and will notify you if we choose to do so. Unless your Community Need Listing explicitly includes a specific expiration date, we will assume that your Community Need Listing will expire ninety (90) calendar days from the date on which your Community Need Listing is made public on our Website for Users to view. We reserve the right to extend your submitted or assumed expirations date at our discretion and thereby keep your Community Need Listing active on our Website past the expiration date and may subsequently adjust the expiration date as a result. You understand and acknowledge that by creating a Community Need Listing on our Website that you will cooperation, respond, interact, and support Bank User inquiries, introductions, messages, or other similar interactions regarding your Community Need Listing. To request that your Community Need Listing be removed from the Website fully, please email us at support@findCRA.com or terminate your Account.

CRA Analysis. For each Community Need Listing you submit that we subsequently post on our Website, we will create and include a CRA Analysis. The CRA Analysis includes information about how a Community Need Listing is aligned with the requirements of the CRA. The CRA Analysis is prepared by a findCRA representative and should only be construed as our opinion based on our professional experience, research, and interpretation of the CRA. As such, only findCRA representatives can edit the content of a CRA Analysis. The CRA Analysis does not guarantee that your Community Need Listing will receive CRA credit or positive consideration during bank regulatory examinations and has not been reviewed or endorsed by any banking regulatory agency.

Searching Community Need Listings. A User may conduct a geographic search of Community Need Listings at any time by logging in to the Website and accessing the Community Need Listings search page. There are no restrictions on which geographies or Community Need Listings may be searched. We do not guarantee that all geographies will be available at any time, as available Community Need Listings are dependent on Nonprofit Users submitting and findCRA approving Community Need Listings for posting on the Website. Except for Community Need Listings that were listed prior to the date of this Nonprofit Service Agreement, from that date forward, only Certified Nonprofits may post a Community Need Listing.

Bank Introductions. A Bank User may request an introduction to the Nonprofit User that created the Community Need Listing through the Website. When a Bank User requests an introduction through the Website, findCRA will facilitate an email introduction between the Bank User and the Nonprofit User. From that point forward, it will be the responsibility of the Bank User and Nonprofit User to continue their collaboration, independent from findCRA.

findCRA Grant Writing and Consulting Services

From time to time, a Nonprofit User may request for findCRA to provide CRA Consulting Services to their Nonprofit including grant writing and research services. In those instances, a consulting scoping meeting will be conducted and a separate proposal will be submitted to the Nonprofit for review. If the Nonprofit selects to proceed with CRA Consulting Services, a separate Statement of Work and/or Service Agreement will be independently negotiated and executed for the CRA Consulting Services.

No CRA Guarantee

The information that we present on our Website is provided for our Bank Users to review based on their own Bank’s needs and goals. We also provide informational data for our Nonprofit Users to assist with their understanding of the CRA and how their Nonprofit may align with CRA requirements. While we provide detailed information about CRA alignment and requirements for Nonprofits and Community Need Listings, it is solely based on our professional experience, research, and interpretation of the CRA. We cannot guarantee positive consideration or CRA credit during regulatory examinations regarding any Nonprofit, Community Need Listing or other information provided to you through our Website or Services. As such, when discussing your Nonprofit with an interested Bank, you should not state or imply that your Nonprofit guarantees CRA credit or positive consideration. As a Nonprofit User, it is your responsibility to evaluate the accuracy of the information provided on our Website to verify that it meets your operational needs, goals and strategies.

No Commitment to Support

When a Bank User requests an introduction to your Nonprofit, requests more information about your Community Need Listing, messages your Nonprofit through our online messaging, or reaches out to your Nonprofit in any other way based on their use of our Website or Services, it does not indicate that the bank is making a commitment to support your Nonprofit or your Community Need Listing. Your agree that when a Bank User requests an introduction or messages your Nonprofit, that you will promptly respond to follow-up communication from findCRA or the Bank User regarding your request, including communication of the Nonprofit’s ultimate decision to either move forward to not move forward with the Bank

Termination of Account

We reserve the right in our sole discretion and at any time to terminate or suspend your Account or block your access to the Website for any reason including, without limitation, if you have failed to comply with the letter and spirit of this Nonprofit Service Agreement. You agree that neither us nor our representatives shall be liable to you or any third party for any termination or suspension of your Account or for restricting your access to the Website.

You may terminate your Account on the Website at any time by advising us in writing or by email at least fifteen (15) business days in advance of the date on which you wish your Account to terminate. If you are the sole User on your Nonprofit Account, you must certify as to whether you wish to terminate your Nonprofit Account as well as your User Account. If you are not the sole User on a Nonprofit Account, we will automatically transfer the Account Owner role on your Nonprofit Account to the individual that registered directly after you, based on the date of registration we have on record, as the new Account Owner, unless you inform us that you would like to transfer your Account Owner role to a different User on your Nonprofit Account.

If you inform us that you wish to terminate your Nonprofit Account fully, any Community Need Listings you have active will be immediately deactivated and removed from public viewing and searching on our Website within three (3) business days. If we have previously qualified your Nonprofit through our independent qualification process, your Nonprofit will remain listed on our Website, unless you complete the steps necessary to request that your Qualified Nonprofit be fully removed from the Website.

You will remain responsible for any introductions, messages or other interactions with Bank Users that are in process at the time of your termination and agree to maintain contact and support until they are completed, including keeping us updated of their status and responding to the Bank User’s requests. Any outstanding payments due to us upon notification of your Account termination are immediately due.

Any suspension or termination shall not affect your obligations to us under this Nonprofit Service Agreement. The provisions of this Nonprofit Service Agreement which by their nature should survive the suspension or termination of your Account or this Nonprofit Service Agreement shall survive including, but not limited to the rights and licenses that you have granted hereunder and the Terms of Use incorporated herein by reference including indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury and all of the Miscellaneous section.

Amendment; Additional Terms

We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Website or our Services or to modify this Nonprofit Service Agreement. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Website generally, unique parts of the Website, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into this Nonprofit Service Agreement. To the extent any Additional Terms conflict with this Nonprofit Service Agreement, the Additional Terms will control.

Modifications to this Nonprofit Service Agreement or Additional Terms will be effective immediately upon notice, either by posting on the Website or by notification by email or postal mail. It is your responsibility to review the Nonprofit Service Agreement and the Website from time to time for any changes or Additional Terms. Your access and use of any the Website following any modification of this Nonprofit Service Agreement or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to this Nonprofit Service Agreement or to any Additional Terms, immediately discontinue use of the Website and, if applicable, terminate your Account.

Miscellaneous

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.

Except where specifically stated otherwise, if any part of this Nonprofit Service Agreement is unlawful or unenforceable for any reason, we both agree that only that part of this Nonprofit Service Agreement shall be stricken and that the remaining terms in this Nonprofit Service Agreement shall not be affected. So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of this Nonprofit Service Agreement shall remain in force.

This Nonprofit Service Agreement (including the Terms of Use, Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.

You may not assign this Nonprofit Service Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign this Nonprofit Service Agreement or any rights hereunder without your consent and without notice.

Effective March 2017