Introduction and Acceptance
Welcome to findCRA.com, an interactive online Software as a Service (SaaS) application, search tool, and platform operated by Community Core, LLC (“Community Core,” “us,” “we,” “our,” et.al.) to provide our customers with data, content, and other professional services to help them comply with the federal Community Reinvestment Act. For the purposes of this General Terms of Use, unless otherwise noted, all references to Community Core LLC d/b/a findCRA include www.findCRA.com, findCRA, www.learnCRA.com, search.findCRA.com or any other website or webpages operated by findCRA, referred to collectively as “Website” or “findCRA” herein.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE (OTHER THAN TO READ THESE GENERAL TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE GENERAL 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 GENERAL TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE.
In addition to these General 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 General Terms of Use. Depending on your relationship with findCRA, your access and use of findCRA is also subject to any Master Service Agreement, Quotes, Nonprofit Service Agreements and/or any other agreement (collectively referred to herein as “Service Agreements”) duly authorized and entered into between you and findCRA. By accessing or using the Website, you are acknowledging and agreeing to our Privacy Policy and any and all applicable Service Agreements.
Intellectual Property
The Website and included Website 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 General 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 General Terms of Use are expressly reserved.
None of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, taking screenshots, or otherwise, without the prior written permission of findCRA or the copyright owner, except that you are permitted to download and retain a copy of this Agreement and other documents made available for download or printing through integrated features of the Website.
Website Access and Use
findCRA grants you a limited, non-exclusive, worldwide, royalty-free, non-sublicensable license to access and use the Website in accordance with this Agreement and any other related Agreements.
Access 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 General 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 and/or print Website Content. 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 General Terms of Use, you may not:
- access, or attempt to access, the Website by any means other than through the interface that is provided by findCRA;
- access, or attempt to access, the Website through any automated means including use of scripts or web crawlers;
- remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Website Content;
- circumvent, disable, or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any Website Content or enforce limitations on the use of the Website or Website Content;
- use any automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or Website Content for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operations permission to use automatic devices (such as robots or spiders) to copy Website Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
- collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, email addresses;
- solicit other users to join or become members of any commercial online services or other organizations without our prior written approval;
- interfere, or attempt or interfere, with the proper working of the Website or impair, overburden, or disable the same;
- post content that is contained on restricted or password-only pages;
- decompile, reverse engineer, or disassemble any portion of the Website or any Website Content;
- use network-monitoring software to determine architecture of or extract usage data from the Website;
- encourage conduct that violates any local, state, or federal law, either civil or criminal, or impersonate another user, person or entity (e.g., using another person’s Account (as defined in related Agreements) without permission, etc.);
- violate any U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
- engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.
You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these General Terms of Use.
Website Content and Third Party Links
In some instances, Website Content will include content posted by a third party or will represent the opinions and judgments of a third party. We do not endorse, warrant, and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized employees or spokespersons of findCRA while acting in their official capacities.
If there is a dispute between persons accessing the Website or between persons accessing the Website and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release findCRA and its owners, mangers, members, officers, directors, employees, contractors, parents, partners, successors, agents, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
The Website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party websites. We are not responsible for any content posted on third party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
Linking to findCRA’s Website
You may link to any page that is visible to the general public or a visitor on the findCRA Website. However, if you wish to link to any page that is visible only by a logged in User or further restricted by User type or paid features, you must first contact us at support@findCRA.com and be granted permission in writing by us to do so. Any such links to Website pages visible to the general public or visitors must not state or imply any sponsorship or endorsement by findCRA of your website, services, application, or mobile or handheld device application.
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 General 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, you do not transfer ownership of it. However, 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. You agree to indemnify, release, and hold us harmless from any and all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any User Content you post.
We are not responsible for, and do not endorse, User Content posted by any User. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused by a User in connection with any User Content posted by another User of the Website.
We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the Website and advertising networks of our distribution partners and third-party service providers (including their downstream users).
We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
Interactions and Transactions with Other Users
findCRA has elected to provide certain features to you so that you may interact with other Users of the Website. This may include communication tools, messaging features, introduction features, forums, online responses, and other User-submitted public posting areas (“User Tools”). We want to encourage an open exchange of information and ideas and enable everyone to enjoy these User Tools.
Without limiting the terms of our Privacy Policy, we will not, in the ordinary course of business, review private electronic messages that are not addressed 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 General 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, and our affiliates.
We cannot and do not review every post, message, or piece of information submitted in every forum, form, listing or other area of the Website we may provide for public posting or interaction between users. On occasion, you may read a given post or message before anyone on our staff does. Know that any such content is strictly another User’s statement or opinion. You can expect these features to facilitate the exchange of information and opinions from a variety of individuals and organizations other than findCRA. We do not endorse or guarantee the accuracy or intent of any post or message, regardless of whether the post or message comes from a User, a member of our staff, or findCRA.
If you provide authorization to do so, you should assume that any information (including any User information you may choose to provide, excluding your User name, password, and billing information) that you provide or post in a public area or through the use of User Tools available on the Website, to be made available to other Users of the Website. If findCRA provides you the ability to anonymously post certain comments or information, we will not include your contact information on the Website in those instances. However, you should know that findCRA’s internal records might associate your contact information with such comments or information.
If you elect to enter into a transaction with another User from this Website, the terms of such transaction and any liabilities associated with such transaction are solely between you and the other User. You agree that findCRA is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User’s use or disclosure of information about you that you have provided on publicly available sections of this Website. If there is a dispute between you and any third party (including all other Users), findCRA is under no obligation to become involved; however, findCRA reserves the right, but has no obligation, to monitor disputes between you and other Users related to the Website or any transactions resulting therefrom.
User Feedback
findCRA is interested in hearing from our Users and welcomes comments regarding our Website, Website Content, and services. Please be advised, however, that we do not accept or consider creative ideas, suggestions, or materials other than those we specifically request. Although we do value your feedback, please be specific in your comments regarding our Website and do not submit creative ideas, suggestions, or materials unless requested or invited to do so by findCRA staff or via Website features. If you express or send us unsolicited creative suggestions, ideas, drawings, wireframes, concepts, or other information or opinions related to the services we provide, such submissions will become the property of findCRA and will not be subject to any obligations of confidentiality and findCRA will not be liable for any future use or disclosure of such submissions.
Disclaimer Regarding Documents Uploaded to the Website
You are solely responsible for the documents you upload to the findCRA Website. You are advised not to upload Schedule B (List of Contributors) with the Form 990 for a public charity. You are advised to block any signatures, social security numbers, and personal addresses from documents that you upload. findCRA reserves the right to refuse any document. In addition, findCRA has the right to delete or otherwise remove any document at any time for any reason. You are advised to provide only copies of documents to findCRA when requested and send no original documents. findCRA does not guarantee that we will maintain your documents for any length of time and will destroy them in accordance with our internal document retention and destruction procedures. findCRA and its affiliates make no representations or warranties of any kind, whether express or implied, regarding any of the documents on the findCRA Website or provided to us by you. findCRA will not be held liable for any damages.
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, described on, or linked to via the Website, and it makes no representations or warranties whatsoever with regard to those organizations or any other organization, entity or person, including but not limited to the performance of goods or services provided by our advertisers, partners, or others to whose websites we may link.
Reliance on Information Posted
The information present on or through the Website or as part of our services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of any information gathered from an external third-party source. We do not guarantee positive consideration of any information during CRA examinations. Any reliance you place on such information is strictly at your own discretion. We disclaim all liability and responsibility arising from reliance placed on such information by you or any other visitor to the Website or User of our services, or by anyone who may be informed of the Website or the Website Content.
This Website includes content provided by third parties, including but not limited to, User Content. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by findCRA, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not reflect the opinion of findCRA. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
No CRA Guarantee
While we provide detailed information about CRA requirements, it is solely based on our professional experience, research, and interpretation of the CRA and the data and information we have obtained. Information and analyses are prepared by findCRA using our expertise and best judgment in accordance with CRA requirements and best practices, but do not guarantee that regulatory agencies will rely on the same data or accept or data and analyses when scoping or completing their CRA examination of a Bank. We cannot guarantee positive consideration or CRA credit during regulatory examinations regarding any Nonprofit Profile, Community Need Listing, Market Report, or other information provided to you through our Website or Services. As a User, it is your responsibility to evaluate the accuracy of the information provided on our Website to verify that it meets your own qualification and documentation standards and interpretation of the CRA.
No Commitment to Support
When you utilize features on our Website to save, request introductions to, or message nonprofits, you are not making a firm commitment to support that nonprofit or any solicitations for funding or volunteers it has posted. You agree that when you use our Website to request an introduction to or send a message to a nonprofit, you will respond in good faith to follow-up communication from findCRA or the nonprofit within a reasonable timeframe.
Entities Appearing on the Website
If any entity (e.g., bank, nonprofit, government agency, etc.) referenced, posted, or in any way published on the Website wants to remove their information from our Website, they can submit a request for removal by sending an email to support@findCRA.com indicating such a request. In the email requesting removal from the Website, the entity should include their official legal name, full street address, the full name of the individual requesting the removal, that individual’s official role within the entity, an email address where that individual can be reached, a description of the Content they want removed, and a brief statement as to why the entity would like the Content to be removed from the Website. We will review any requests for removal and notify the entity via email when their information has been removed from the Website by sending notice to the email address included with the request to be removed sent by the entity’s contact.
Copyright Policy and DMCA Process
We respect the intellectual property rights of others and expect Users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Accounts of Users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on our Website or hosted on our systems that may be infringing or the subject of infringing activity.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims of infringement (its “Designated Agent”).
Our Designated Agent is: Brian Waters, President & COO, findCRA, P.O. Box 6005, Louisville, KY 40206, operations@findCRA.com
If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that website.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
Technical Requirements
Use of the Website and its related services requires Internet access through your computer or mobile device. You are responsible for all subscription, service, or mobile carrier charges resulting from your use of our Website. findCRA does not guarantee that the Website will be compatible with all browsers or devices or will be supported by all mobile carriers. You may be required to meet certain technological requirements and have specific technology installed or enabled to use the Website or some features and portions of the Website may not be accessible. For a full listing of technological requirements for accessing and using our Website, please contact us at support@findCRA.com.
Interruption of Services
In the event that findCRA determines the need to interrupt its Website services to perform routine system maintenance, findCRA will use reasonable efforts to notify Users of the Website prior to the interruption and to conduct such maintenance during non-peak hours. In no event shall interruption of such services for system maintenance constitute a default by findCRA under this General Terms of Use or related Agreements.
Service Delays and Accessibility
findCRA will not be liable for any failure of the Website or performance of services in the event that access to the Website and/or findCRA’s performance of services for more than ten (10) consecutive days is for reasons beyond the control of findCRA including fire, explosion, lightning, storm, power surge or failure, natural diasaster, flood, water, acts of God, war, military action, union strike or labor stoppage, civil disturbance, terrorism, vandalism, acts or ommisions of comunications carriers, failure of telecommunications infrastructure, legal action by a governmental authority, or other instances that could not be prevented notwithstanding the exercise of reasonable, good faith efforts by findCRA.
Changes to the Website
We may update this Website and/or the Website Content from time-to-time, and while we endeavor to ensure that the information on the Website and/or Website Content is current and up-to-date, we make no warranties or guarantees as to the accuracy, completeness, or up-to-date status of the Website and/or Website Content.
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 General Terms of Use and related Agreements; (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, but not limited to, Community Need Listings, Nonprofit Profiles, Market Reports, CRA Analyses, CRA Certifications, educational resources, industry insights, blog postings, regulatory interpretations, frequently asked questions, tutorials, etc. guarantee qualified CRA activity or positive consideration during federal CRA examinations. 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 your 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.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, FINDCRA AND ITS OWNERS, MANAGERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
Limitation on Liability
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 GENERAL 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 PART 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.
Choice of Law; Jurisdiction and Venue
These General 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 General 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 40206. We will contact you based on the contact information you have provided us or that we obtain by other means.
If after thirty (30) days the parties are unable to resolve any dispute raised under the previous provision, the dispute may be submitted to arbitration consistent with this section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.
We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third-parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810.
We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
Exception to Arbitrate. Either of us may bring qualifying claims in small claims court. Further, pursuant to the “No Class Actions” section below, we each agree that any arbitration will be solely between you and findCRA, not as part of a class-wide claim (i.e., not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that the restriction in this section is unconscionable or unenforceable, then our agreement to arbitrate does not apply and the class-wide dispute must be brought in court.
No Class Actions
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASS-WIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
No Trial by Jury
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
Delivery of Notices
By using this Website, you consent to receive electronic communications from findCRA (via email 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 General 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 by sending: (1) an email to support@findCRA.com or (2) a letter, first class certified mail, to findCRA, ATTN: Notices, P.O. Box 6005, Louisville, KY 40206. 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 General 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 General Terms of Use. To the extent any Additional Terms conflict with these General Terms of Use, the Additional Terms will control.
Modifications to these General 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 General Terms of Use and the Website from time-to-time for any changes to these General Terms of Use or Additional Terms. Your access and use of any part of the Website following any modification of these General 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 General 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 General Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the General Terms of Use shall be stricken and that the remaining terms in the General 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 General Terms of Use shall remain in force.
These General Terms of Use (including any related 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 General 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 General Terms of Use or any rights hereunder without your consent and without notice.
Effective October 2019
