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Terms of Use

Access to the Opportunity Finance Network (“OFN”) web sites (“Sites”) is subject to these Terms of Use. By using these Sites, you agree to the terms herein, which may be updated by us from time to time without notice to you. Your use of these Sites after the posting by us of any changes to these Terms of Use will constitute your acceptance of those changes. If you have any questions about these Terms of Use, please contact us at:

Opportunity Finance Network
901 D Street SW
Suite 1050
Washington, D.C. 20024
Phone: 202.618.6100
Fax: 215.789.2346
Email: [email protected]

OFN Privacy Policy

The personally identifiable information that you provide us when using the features of our Sites is subject to our Privacy Policy, which is a part of these Terms of Use. Please take the time to review the important information contained in our Privacy Policy regarding our collection and use of this information.

Data Privacy and Sharing

We respect your privacy and are committed to safeguarding your personal information. Any data collected from you during your use of our Sites will not be shared with any external individuals or entities unless required by law. We do not sell, trade, or otherwise transfer your personally identifiable information to outside parties without your explicit consent. For more details on how we handle your data, please refer to our Privacy Policy.

Your Use of These Sites

You may not reproduce, duplicate, copy, sell, or otherwise transfer or commercially exploit our Sites (or any portion of it), unless you have OFN’s express written permission to do so. OFN may, in its sole discretion and at any time, discontinue these Sites, or any part thereof, with or without notice. You agree that you do not have any rights in our Sites and that OFN will have no liability to you if these Sites are discontinued or your ability to access our Sites is terminated. You may only use our Sites in accordance with these Terms of Use; any other terms applicable to the various features of our Sites; and all applicable laws, rules, and regulations. You agree to use the OFN Sites only for lawful purposes:

  1. Specifically you agree not to do any of the following:
    1. upload to or transmit on the Sites any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner;
    2. use the Sites to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction;
    3. intercept or attempt to intercept electronic mail not intended for you;
    4. misrepresent an affiliation with any person or organization;
    5. upload to or transmit on the Sites any advertisements or solicitations of business;
    6. restrict or inhibit use of the Sites by others;
    7. upload or otherwise transmit files that contain a virus or corrupted data;
    8. collect information about others (including e-mail addresses) without their consent;
    9. download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Sites or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Sites);
    10. post “spam,” transmit chain letters or engage in other similar activities; or
    11. engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by OFN, may harm OFN or users of the Sites or expose them to liability.
  2. Any content and/or opinions uploaded, expressed or submitted to a message board, blog, forum, chatroom or any other publicly available section of the Sites (including password-protected areas), and all articles and responses to questions, other than the content provided by OFN, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of OFN. You understand and acknowledge that you are responsible for whatever content you submit, and you, not OFN, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of Sites, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Sites. You grant to OFN the right to use all content you upload or otherwise transmit to the Sites in any manner OFN chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
  3. OFN reserves the right, but does not assume any responsibility, to
    1. remove any material posted on the Sites which OFN, in its sole discretion, deems inconsistent with the foregoing commitments, including any material OFN has been notified, or has reason to believe, constitutes a copyright infringement; and
    2. terminate any user’s access to all or part of the Sites. However, OFN can neither review all material before it is posted on the Sites nor ensure prompt removal of objectionable material after it has been posted. Accordingly, OFN assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. OFN reserves the right to take any action it deems necessary to protect the personal safety of users of these Sites and the public; however, OFN has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
    3. Your failure to comply with the provisions of (a) or (b) above may result in the termination of your access to the Sites and may expose you to civil and/or criminal liability.

Your Use of OFN’s Programs

OFN’s products, services and programs and eligibility requirements for programs are subject to change or be discontinued at any time, without notice. You agree that you do not have any rights if any products, services, programs or eligibility requirements are altered or discontinued. If you would like the latest information on any of OFN’s products, services, programs or eligibility requirements, you should contact us at [email protected], and we encourage you to do so.

Communications with OFN

When you communicate with OFN, or purchase or donate from our Sites, you are communicating with us electronically. Your use of these Sites, including the purchasing products on these Sites via VeriSign, constitutes your consent to the receipt of electronic communications from us. We will communicate with you by e-mail or by posting notices on these Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You understand that OFN is not liable for any garbled or scrambled transmissions, including any failed attempt on your part to communicate with us.

Purchases and Donations from Our Sites

Purchases you make on these Sites are processed via VeriSign and PayPal, which are separate entities from OFN. Thus, all purchases and donations initiated via these Sites must comply with the terms and conditions of the VeriSign web site http://www.verisign.com and the PayPal website http://www.paypal.com.

Intellectual Property

These Sites are operated by OFN and contains information, software, photographs, audio, video, graphics, links and other material (collectively, “Content”) supplied by OFN, all of which is legally protected under copyright, trademark, patent and other intellectual property laws.

Trademarks

OPPORTUNITY FINANCE NETWORK and all other slogans, logos, and product and service names used on these Sites are trademarks owned by OFN. You agree not to display or use such trademarks, in any manner, without the written permission of OFN. Trademarks and trade names of third parties are the property of those third parties and are used by OFN subject to license, or subject to the fair use provisions of U.S. trademark law. Users on our Sites are expressly forbidden to misuse those marks.

Copyright

The content that OFN provides on these Sites, including, but not limited to, text, graphics, images, and logos, is owned by either OFN or the party that has provided the content to us and is protected by U.S. and international copyright laws. OFN is the sole and exclusive owner of its compilation of this content on these Sites, and this compilation is also protected by U.S. and international copyright laws. Unpermitted copying of any of this content could lead to copyright infringement. OFN expects you to respect its copyright rights, as well as the copyright rights of others.

Rights Holders

If you are a trademark or copyright owner and you believe that your trademark rights have been violated in any way, please contact [email protected].

You understand and agree that the Content may be displayed and printed by you solely for your personal, internal and non-commercial use. You may not use, alter or exploit the Content other than as specifically provided for in these Terms of Use.

Violations; Termination

You understand that your use of these Sites is subject to these Terms of Use, any other terms applicable to the various features of our site, and all applicable laws, rules, and regulations. OFN may, in its sole discretion and at any time, discontinue an OFN Site or any part thereof, with or without notice. You agree that you do not have any rights in any OFN Site and that OFN will have no liability to you if these Sites are discontinued or your ability to access them is terminated.

Links

Through these Sites, you may be able to access links to or be directed to other web sites. Because OFN has no control over such sites, you acknowledge and agree that OFN is not responsible for, and has no liability with respect to, the availability (or unavailability) of such sites, for the treatment of your personally-identifiable information by such sites, or for the information, products, content or other materials on or available from such sites or resources. If you would like information on any other site’s privacy policy, you should contact that party directly, and we encourage you to do so.

Claims Against OFN

You agree to indemnify and hold OFN, and its affiliates, harmless and to pay all liabilities, costs and expenses that OFN incurs resulting from your use of the Sites (including use by anyone who uses your password, whether authorized or not), use of the Sites by any member or guest of your household, or your violation of any law or the rights of any third party.

Disclaimers

You acknowledge and agree that:

  1. YOUR USE OF THE OFN SITES IS AT YOUR OWN RISK AND IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. OFN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Because these Sites are provided to you “AS IS,” you agree that OFN shall not be liable to you or to any third party for any delay in delivery of, or failure to deliver, any of your communications or other information you submit using these Sites. Because these Sites are provided to you “AS AVAILABLE,” you agree that OFN shall not be liable to you or to any third party for any modification, suspension, or discontinuance of these Sites or of your ability to access it.
  2. OFN also disclaims any warranty that
    1. these Sites will meet your requirements,
    2. these Sites’ operation will be uninterrupted, timely, secure, or error-free,
    3. any information or communication that may be obtained from the use of these Sites will be accurate or reliable, and
    4. OFN disclaims any liability for damages that may arise from your reliance on any such information or communication.
    5. You assume the full responsibility and risk for any damage to your computer or other consequences that result from your downloading any information, software, or other materials through these Sites. OFN shall have no liability for any damage to your computer, including loss of data, that results from your downloading any such materials.

Some states do not allow the disclaimer of implied warranties, so this provision may not apply to you.

Limitation of Liability

YOU AGREE THAT OFN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS OR LOSS OF GOODWILL, USE, OR DATA (EVEN IF OFN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT RESULT FROM: (a) YOUR USE OF OR INABILITY TO USE THESE SITES; (b) ACCESS TO OR ALTERATION OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION OR OTHER INFORMATION IN AN UNAUTHORIZED MANNER; (c) REPRESENTATIONS OR CONDUCT OF ANY THIRD PARTY RELATED TO THIS SITE; OR (d) ANY OTHER MATTER RELATING TO THESE SITES.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT OFN SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, REGARDLESS OF THE LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS OR LOSS OF GOODWILL, USE, OR DATA (EVEN IF OFN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THESE SITES.

Some states do not allow the limitation of liability, so this provision may not apply to you.

General

You agree that these Terms of Use describe the entire agreement between us with respect to its subject matter. These Sites were created and are operated under the laws of the State of Pennsylvania. The laws of the State of Pennsylvania will control the terms and conditions provided in these Terms of Use, without giving effect to any principles of conflict of laws. If a court of competent jurisdiction finds that any provision of these Terms of Use is invalid or enforceable, we both agree that the other provisions of these Terms of Use will remain in full force and effect. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to these Sites or these Terms of Use more than one (1) year after such claim or cause of action arose.