PLEASE REVIEW THESE TERMS OF USE CAREFULLY. THIS DOCUMENT CONTAINS IMPORTANT INFORMATION CONCERNING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. YOUR USE OF THE WEBSITE SIGNIFIES YOUR AGREEMENT TO THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE AND PRIVACY POLICIES, YOU SHOULD NOT ACCESS OR USE THE WEBSITE.
As used in this Terms of Use (“TOU”) the terms “we, “our,” and “us” refers to New Hampshire Community Loan Fund, as owner and operator of www.communityloanfund.org. The terms “you” and “your” used in this TOU refer to you as the user or viewer of the Website.
This document governs your relationship with the Website and any services available through the Website. Access to and use of the Website is subject to the terms, conditions and notices in this TOU. By using the Website, you are agreeing to this TOU, which we may update from time to time. We may notify you of the changes by posting the modified TOU on the Website.
You should check this page regularly to see if any changes have been made to this TOU. Your continued access and/or use of the Website following changes to this TOU will be considered acceptance of the revised TOU. You may not amend this TOU.
This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
We may revise and update these TOU from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Your continued use of the Website following the posting of revised TOU means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
We are committed to safeguarding the privacy of information you provide to us. Please carefully read our website privacy policy and general privacy notice. By providing information to us you warrant that all such information is accurate.
You may use the Website only for lawful purposes and in accordance with these TOU. You agree not to use the Website:
NH Community Loan Fund regularly posts content related to businesses and individuals that use our products and/or services. In some instances, the public may be able to comment on posts or content.
We reserve the right to not approve and/or delete any unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, racially offensive, inaccurate, or otherwise objectionable material from the Website.
We will also cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate this TOU.
NH Community Loan Fund does not independently review the products or services of any business listed on the Site and the presence of a business within the directory is simply a reflection that it has used NH Community Loan Fund products and/services, and is not, and should not be considered as, an endorsement of the business, its owners, products or services.
Users elect to patronize or hire businesses listed on the Site at their sole discretion, and take full responsibility regarding their decision to engage with a business listed on the site.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
[This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. 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.]
We reserve the right, at our sole discretion, to immediately and without notice or cause modify, suspend, or terminate this TOU. Following any termination or expiration, you will have no further right to access or use the Website, but the terms of this TOU will continue to apply to any obligations incurred or arising prior to its termination.
If we, in our sole discretion, determine that you have breached this TOU, we will take actions to protect the Website, and/or any of our users, including but not limited to discontinuing your access to the Website; notifying your e-mail address (to the extent you have provided it to us); and/or notifying and/or sending content to and/or fully cooperating with the proper law enforcement authorities for further action.
On the condition that you comply with all your obligations under this TOU, you may access and use the Website for noncommercial purposes. Any other use of the Website contrary to our mission and purpose is strictly prohibited and a violation of this TOU. We reserve all rights not expressly granted in this TOU.
You also agree that we or our licensors and/or licensees retain all rights in and to the Website and any elements and/or components of the same, including but not limited to its design, layout, look, appearance, and graphics. You agree that the Website and its various elements/components are protected by copyright, trademark, and other intellectual property laws.
NH Community Loan Fund’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 NH Community Loan Fund’s products, services, programs or eligibility requirements, you should contact us at info@communityloanfund.org, and we encourage you to do so.
All of the content elements displayed and/or downloadable on the Website, including photographic images, illustrations, graphic images, text, captions, video, audio-visual files, digital files and software (collectively, the “Content”), and all of the features of the Website, including their designs, trade dress, logos, pages, audio and/or video material, text, data, information, software, data compilations, digital downloads, icons, html code, xml code and products or services obtained from the Website (together with the Content, collectively, the “Site Elements”) is the exclusive property of NH Community Loan Fund or our licensors. The Site Elements are protected by national and international laws, including copyright, trademark, trade dress and other intellectual property laws.
Any Content accessed or downloaded by you (whether or not such access or download was authorized) transfers no right, title or interest in or to such Content or any intellectual property rights therein. All right, title and interest in and to such Content shall remain the exclusive property of NH Community Loan Fund and/or our licensors. No Content may be used, copied, displayed, transmitted or otherwise exploited via any means except as expressly permitted herein. NH Community Loan Fund hereby expressly reserves all rights in relation to the Website and Site Elements not expressly granted herein. You may not archive or retain any Content without the express prior written consent of NH Community Loan Fund.
The owner of the Website is based in the State of New Hampshire in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
YOU HEREBY RELEASE NH COMMUNITY LOAN FUND, ITS AFFILIATES AND ITS AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, VOLUNTEERS, ATTORNEYS, AND THEIR PREDECESSORS, SUCCESSORS, HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS (“RELEASEES”), FROM ALL CLAIMS, DAMANGES, COMPLAINTS, CAUSES OF ACTION, SUITS, DEMANDS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) OF ANY NATURE WHATSOEVER, BOTH AT LAW AND IN EQUITY, EXCEPT THOSE CLAIMS THAT MAY NOT BE RELEASED OR WAIVED BY LAW, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS OR USE OF THE WEBSITE. YOU ALSO AGREE THAT IN NO EVENT SHALL NH COMMUNITY LOAN FUND OR OTHER RELEASEES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTIAL OR CONSEQUENTIAL DAMAGES OR ANY KIND, WHETHER FORSEEABLE OR NOT, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THE USE, INABILITY TO USE, OR THE MALFUNCTION OF THE WEBSITE OR ANY OF THE INFORMATION AND/OR CONTENT CONTAINED ON THE WEBSITE.
You agree to defend, indemnify, and hold harmless NH Community Loan Fund, its affiliates, licensors and services providers, and its and their respective officers, directors, contractors, agents, volunteers, and employees, from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any third party claim concerning your use of the Website; breach of this TOU or violation of applicable law by you or any other user of the Website using the same with your consent; your information on the Website, including any claim involving alleged infringement or misappropriation of your information through the use, development, design, production, advertising, or marketing of your information; or a dispute between you and another user of the Website.
TO THE FULLEST EXTENT PERMITTED BY LAW, NH COMMUNITY LOAN FUND DOES NOT WARRANT THAT THE WEBSITE WILL BE ERROR-FREE OR THAT THE WEBSITE OR ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR ITS CONTENTS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, NH COMMUNITY LOAN FUND IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. NH COMMUNITY LOAN FUND, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. NH COMMUNITY LOAN FUND MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENT, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NH COMMUNITY LOAN FUND, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY NH COMMUNITY LOAN FUND WEBSITE AND/SERVICE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND/OR ITS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NH COMMUNITY LOAN FUND IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission.
The Website may contain links or references to other websites. NH Community Loan Fund does not have control over third-party websites or their content and is not responsible for, and does not assume responsibility for, the privacy practices or the content of any third-party websites linked to the Website. Such linked sites are for your convenience only. You access them at your own risk. That another website is linked to this Website does not constitute an endorsement by NH Community Loan Fund of the owner of the other site, the content of the site, or its products or services. NH Community Loan Fund assumes no responsibility for information or services provided by any of the sites to which this Website contains links. We encourage you to review any third-party website’s terms of use and privacy policy as those documents and the rules contained therein (and not NH Community Loan Fund’s Terms of Use or Privacy Policy) are applicable to your use of those sites and any information they may collect.
The logo, name, and all graphics on the Website are trademarks of NH Community Loan Fund,its affiliates or licensors. Use, reproduction, copying, or redistribution of trademarks, without the written permission of NH Community Loan Fund, its affiliates or its licensors is prohibited. All other trademarks or servicemarks appearing on the Website are the marks of their respective owners.
The Website is not intended for use by children under 13 years of age. Any child under 13 years of age must have his or her parent’s permission to use the Website. Additional restrictions may apply to the use of some or all of our services described on our Website for users who are over the age of 13 as well.
We will follow the procedures in our Complaint Policy to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments by contacting us at: info@communityloanfund.org.
Please also contact us if you have any questions about this TOU, or if you become aware of any misuse of the Website by anyone.
With respect to complaints related to copyrights, NH Community Loan Fund respects the intellectual property rights of others. If you are a copyright owner and you believe your intellectual property has been improperly posted or distributed via the Website, please notify us by sending an email to info@communityloanfund.org or by sending a notice by U.S. Mail to: 7 Wall Street, Concord, NH 03301. In your email or letter, you will need to include all of the notice elements listed in the Digital Millennium Copyright Act (DMCA) at 17 U.S.C. Section 512(c)(3). Please be aware that the DMCA makes copyright owners liable if they materially misrepresent that a user’s content is infringing.
No waiver by the NH Community Loan Fund of any term or condition set out in these TOU shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of by NH Community Loan Fund to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of this TOU is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this TOU will not be affected in any way.
Pursuant to 47 U.S.C. Section 230(d) we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors.
All matters relating to the Website and these TOU, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New Hampshire without giving effect to any choice or conflict of law provision or rule (whether of the State of New Hampshire or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New Hampshire, in each case located in the City of Concord and County of Merrimack although we retain the right to bring any suit, action, or proceeding against you for breach of these TOU in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
The Terms of Use and our privacy policy constitute the sole and entire agreement between you and NH Community Loan Fund regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.