Terms of Service

The Terms of Use below is effective for all Users


Last Updated on August 15, 2018

Community Impact Fund and YouRaise Mobile Application Terms of Use

The Community Impact Fund, a nonprofit corporation organized and operating under the laws of the state of Colorado (“CIF”), offers a website platform and mobile application through which business and individual funders (collectively “Funder”) can support local charitable endeavors (“Recipients”). Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://www.communityimpactfund.org web site or the YouRaise mobile application and/or Services (the “Service”) operated by CIF (“CIF”, “us”, “we”, or “our”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, Funders, and Recipients, and others who access or use the Service (“User”, “You”, “Your”). By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

Use of the Service

Our web site and mobile application, YouRaise, provide a platform through which CIF-approved philanthropies and individuals may seek funding for various charitable projects from Funders.

The information on our web site is for information purposes only. It is believed to be reliable, but we do not warrant its completeness, timeliness or accuracy. User accesses, uses, and relies upon such content at user’s own risk.

Accounts

Users are invited to create an account with us. Users may only participate as Recipients and Funders if they have active accounts, but you may be able to browse CIF web sites or applications without creating an account. Accounts are free to set up and Users are only charged in the event they fund a project.

When you create an account, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Communications

By creating an Account on our Service, you agree to receive communications from us. Recipients and Funders agree that we may email you regarding projects via email. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send. You must opt-in in order to receive newsletters, marketing, promotional, or other such materials.

Conduct and Content

You agree not to post to any site, forum, or social media account of CIF or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content” means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user) that:

  • is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • exploits people in a sexual or violent manner;
  • contains nudity, violence, pornography, sexually explicit material or offensive subject matter;
  • provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
  • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
  • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information from other Users;
  • involves commercial activities and/or sales without CIF’s prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes;
  • includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;
  • denigrates, ridicules, or demeans another person; or
  • contains a virus or other harmful component.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “bots,” or “offline readers,” that accesses the web site in a manner that sends more request messages to the CIF servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to break any law or infringe upon or violate any right of any other person, or to do anything fraudulent or deceitful in your use of this Service.

Duties and Obligations of the Parties/Funding

CIF offers a variety of ways to support charitable projects seeking funding through its Service. The CIF platform is offered as a service through which parties may jointly fund preapproved philanthropic and charitable projects. We offer a Round Up feature through Plaid, our third-party payment processor, through which any payment may be rounded up to the next dollar with the difference being donated to the designated project.  We also partner with businesses who will donate a percentage of revenue from their customers who are our Users to designated charities. CIF does not represent any party with regard to agency or legal representation.

Recipients must apply for approval and be approved to be able to participate in CIF. By submitting an approval request, you acknowledge that all approval is at CIF’s sole discretion and may be granted or withheld for any reason or no reason. There is no appeal process for denied requests, however applicants may reapply for approval after six (6) weeks from the date of their last denial. Additionally, CIF may in its sole and absolute discretion, and without explanation, cancel a project prior to funding deadline in the event CIF finds the project to be inappropriate. Any donated funds not otherwise designated, or designated to a cancelled project, will go into a general account for non-profit donations at CIF’s sole discretion.

Once a funding campaign is live, a Funder may not rescind its funding and is obligated to fulfill its pledged obligation. Our staff may be available, upon request and approval, to assist Recipients in page creation, however all information written in the project description belongs to the Recipient.  By creating a project page through the Service, Recipients agree, and indemnify CIF that, all material used in the project page is not subject to any copyright infringement.

When the funding campaign begins, the Recipient launches the project page on CIF, clearly describing who he/she is and describing what project the funding will support. Default investment amounts are set by CIF, however Recipients may alter the goals by communicating with CIF, and may be allowed to alter the amounts after the project is published only up until the first Funder has made a pledge.

Once the project request is approved, CIF will email the Recipient a link to a template page where they can fill in details about their project with all the required details.

All Users will be sent a link to Plaid, CIF’s third-party payment processor where they shall register an account so that they are able to make payment and receive payment if their project is funded. Please note that in order to receive payment, your linked bank account name must match your legal name.  Failure to do so may result in withheld funds or termination of your CIF account.

Requests for non-monetary funders may also be made prior to final project approval. Non-monetary funders agree to provide project support, as agreed to prior to project funding. Such support will be clearly stated on the project page.

Once the project page is completed, but before it is published on CIF, Recipients send the page to CIF for approval. CIF is not responsible for checking the data they’ve entered but verifies that the project’s technical and financial part is accurately configured before making the project publicly visible and officially launching the project.  During the funding period, Recipients may request cancellation of their project by contacting us at info@communityimpactfund.org at least 72 hours prior to the funding deadline of the project.

By using the Service, you are assigning to CIF perpetual, global, non-exclusive, non-transferable license to all content posted on and/or funded through the Service and are allowing CIF to create promotional material from it.

Once the project is successfully funded, payment into Recipient’s account is facilitated through Plaid, CIF’s third-party payment processor. CIF’s fee of up to 5% of the total amount funded, and the third-party payment processor’s fees are deducted from all investments.  Recipients will have the option to update funders on the overall project progress.

CIF is not responsible for any tax liability or reporting for any Party who uses the Service.  Statements regarding project funding and donations may be available through our third-party payment processor.

Fee Changes

CIF, in its sole discretion and at any time prior to a new project being approved, may modify the fees.

CIF will provide you with a reasonable prior notice of any change in fees.

Your continued use of the Service after the fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Funders will not receive a refund unless a mistake was made in payment processing.  CIF’s fee and all fees imposed by our third-party processor, both described above, are non-refundable.

Intellectual Property

The Service and its original content features and functionality are and will remain the exclusive property of CIF and its licensors. The Service is protected by copyright, trademark, and other laws of the United States, United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of CIF.  The third-party and User-provided content used by CIF is not the property of CIF and CIF does not grant any license thereto.  Recipients own all rights to projects they create through the Service but by use of the Service, they grant global, perpetual, non-exclusive, non-assignable license to view and post such projects online. 

Third-Party Sites

Our Service uses and may contain links to third-party web sites or services that are not owned or controlled by CIF.  We rely on Plaid to link Users’ payments with our web site and mobile application platforms. As such they receive and process all payment information. That information is never transferred to us. Please familiarize yourself with Plaid’s Terms and Privacy Policy at https://plaid.com/legal/ before using our Service.

CIF has no control over, and assumes no responsibility for, the availability, content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Indemnification

Any information provided to CIF by the User is truthful to the best of the User’s knowledge and in the event any such information changes, the User shall notify the CIF of any such change within a reasonable amount of time. You agree to defend, indemnify and hold harmless CIF and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service; b) a breach of these Terms, or c) Content posted on any site or social media account of the Service.

Limitation of Liability

In no event shall CIF, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third-party or user on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service are provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance

CIF, its subsidiaries, affiliates, and its licensors do not warrant that a) the Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service are free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

We are not responsible for any virus or malware, and related harm, injury and damage, of any nature that your computer or other devices become in contact with while you are using our web site, tools or services. Please maintain up to date anti-virus anti-malware software at all time while you are using our web site, and related tools, services and functions.

We are not responsible for failure to perform, or the quality of performance, on the part of any Recipient or Funder.

Additionally, CIF retains the right to add, delete, change or otherwise alter or amend Service content at any time, with or without notice, at its sole discretion.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Services may be described inaccurately or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Exclusions

Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will CIF ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by CIF or any person for whom CIF is responsible, and even if CIF has been advised of the possibility of such loss or damage being incurred.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Headings and Summaries

Headings and section summaries are included for convenience only and are not intended to be binding or legally dispositive in any way. By using the Service, you agree that you have read, understand, and agree to these entire Terms of Use, as well as our Privacy Policy.

Governing Law

The Site Terms and Conditions, and any dispute concerning or relating to the web site or your use of the web site, shall be governed by the laws of the state of Colorado without regard to conflict of laws principles. You consent to personal jurisdiction and venue in the state and federal courts located in Boulder County, Colorado, and you shall not commence or prosecute any action except in the foregoing courts. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

The caption to each Section of these Site Terms are for convenience of reference only and shall be ignored in the construction or interpretation hereof.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.

Privacy Policy

Please refer to our Privacy Policy. You agree that they constitute part of these terms. You must read our Privacy Policy before you use the Service.

Contact Us

If you have any questions about the rights and restrictions above, please contact us at info@communityimpactfund.org


BY CONTINUING TO USE OUR SITE, YOU AGREE TO ABIDE BY THESE SITE TERMS.