Economic Foundation Terms of Use Agreement
Last updated 11.30.2022
*Substantive changes from the prior version will generally be highlighted below for at least one month.

Welcome to Economic Foundation (ECOFUND), a California non-profit public benefit corporation (together with its affiliates, officers, directors, agents, employees, representatives, partners and their respective affiliates, collectively, "Economic Foundation (ECOFUND)"). This Terms of Use ("Agreement") is a contract between you ("you") and Economic Foundation (ECOFUND) and governs your access and use of the Economic Foundation (ECOFUND).org website and all other websites and mobile apps owned and operated by Economic Foundation (ECOFUND) that have this Agreement posted (collectively, the "Website"), including, but not limited to, all transactions conducted on the Website and all Economic Foundation (ECOFUND) services provided in connection with the Website.

By accessing or using the Website, you signify that you have read all of the terms and conditions in, and linked to, this Agreement (including the Privacy Policy), and you agree to be bound by this Agreement, whether or not you participate in Economic Foundation (ECOFUND)'s microlending program or related programs, services, or activities (collectively, the "Program") or otherwise access or use the Website (in each such capacity, a "User"). If you do not agree with all of the terms and conditions in this Agreement, please do not participate in the Program or access or use the Website.

Basically,
Welcome to Economic Foundation (ECOFUND)! You’re legally agreeing to the terms on this page when you visit and use Economic Foundation (ECOFUND)’s website. So you should read them. This column can help you navigate the major points in the terms.

If you don’t agree with these terms, you shouldn’t use Economic Foundation (ECOFUND)’s website.

This Agreement supersedes any previous agreement to which you and Economic Foundation (ECOFUND) may have been bound (provided that if you are a Borrower, Trustee, Field Partner, or Lender who has a separate written agreement with Economic Foundation (ECOFUND), the terms of that separate agreement will control with respect to any provision that conflicts with this Agreement).

This Agreement may be modified by Economic Foundation (ECOFUND) in its sole discretion from time to time, and such modifications shall automatically become part of this Agreement and shall be effective once posted by Economic Foundation (ECOFUND) on the Website (as indicated by the posted update date). Your participation in the Program and use of the Website will be subject to any such modifications. You should review the Website and this Agreement from time to time for any modifications. If you do not agree with any such modifications, please immediately terminate your registered Economic Foundation (ECOFUND) account, if any, as outlined in Section 8 below, and please immediately stop participating in the Program and accessing and using the Website.

Basically,
The Terms of Use is the current agreement between you and Economic Foundation (ECOFUND). If you have any other contracts with Economic Foundation (ECOFUND) (for example, if you are an Economic Foundation (ECOFUND) borrower or a loan matching sponsor), those may override certain things in this Terms of Use.

Economic Foundation (ECOFUND) may make changes to this agreement at any time. When we do, you’ll know we’ve updated it by looking at the date at the top of the page.

This Agreement is divided into the following sections:

• 1. Participation in the Program
• 2. Acceptable Use
• 3. Proprietary Rights
• 4. Disclaimers; Limitation of Liability
• 5. Governing Law; Resolution of Disputes; Arbitration and Waivers
• 6. Indemnity
• 7. Term; Termination
• 8. Entire Agreement; Severability; Assignment

1. Participation in the Program

Economic Foundation (ECOFUND) manages the Website, which matches you and other persons (each, a "Lender" and, collectively, "Lenders") with borrowers and social enterprises in various countries in need of affordable capital (each, a "Borrower" and, collectively, "Borrowers"). In most instances, these Borrowers are considered "high risk" by traditional lenders for various reasons, including the Borrowers' lack of credit history, the use of loan proceeds for entrepreneurial endeavors (such as investment in a "start-up" business), and the geographic location, including the risk of financial instability and foreign exchange rate fluctuations. Please carefully review the Website section titled "The risks of lending," which highlights the various risks associated with lending through Economic Foundation (ECOFUND) and explains the role played by Economic Foundation (ECOFUND) and its Field Partners and Trustees.

Basically, this section describes what Economic Foundation (ECOFUND) does. Lending through Economic Foundation (ECOFUND) is risky, and you might not get repaid. Please read the “The risks of lending” page for more details on the risks you assume when making a loan.

You may participate in the Program as a Lender by creating an online account registered to your email address, or by using the guest checkout feature, as described in Section 1.2. If you use Economic Foundation (ECOFUND)'s mobile app, some Website features may not be accessible, but you can access all account settings and lending history via the website at EconomicFoundation.org. All transactions between Lenders and Borrowers or Field Partners must be conducted through a registered account, except when making a guest Loan. There is no direct contractual relationship between you and Borrowers or Field Partners. Economic Foundation (ECOFUND) may, in certain cases, act as the "lender" on your behalf when you make Loans.

The funds available in your Economic Foundation (ECOFUND) account, which can be lent or donated, are referred to as "Economic Foundation (ECOFUND) Credit." If you make a Loan, either manually or through Auto-Lending (defined below), you are instructing Economic Foundation (ECOFUND) to apply your Credit toward a Loan. All deposited funds must be used to lend or donate through the platform. If repayments are received on your Loans, they are added to your account until you apply them to another Loan or request a withdrawal.

Basically, you must create an account to lend through Economic Foundation (ECOFUND), unless you use the guest checkout feature. Your available balance is called “Economic Foundation (ECOFUND) Credit,” and it must be used to make loans or donations. Repayments can either be reinvested or withdrawn, but you need both an Economic Foundation (ECOFUND) account and a bank account to withdraw.

By participating, you acknowledge and agree that (a) Economic Foundation (ECOFUND) makes no guarantees that loans will be repaid, (b) loans are unsecured and involve a high risk of non-repayment, and (c) you should only lend amounts you can afford to lose. Loans are philanthropic and do not earn interest. Loans are not cancellable or refundable.

Basically, lending on Economic Foundation (ECOFUND) is risky. You should only lend money you can afford to lose. Once you’ve made a loan, you can’t cancel it, and there’s no guarantee of repayment or interest.

Economic Foundation (ECOFUND) keeps User Funds in separate accounts. Economic Foundation (ECOFUND) may earn interest on those funds while they are held, but the interest will be used to support Economic Foundation (ECOFUND)’s operations.

Basically, Economic Foundation (ECOFUND) won’t use your money for operations unless you choose to donate it.

1.1 Lending Through Economic Foundation (ECOFUND)’s Website. The Website displays Loan requests from Borrowers. You can log in and manually fund Loan requests or use Auto-Lending, which applies your Credit toward Loans based on preferences in your account settings. If you haven’t manually made a Loan in 45 days, your balance may be automatically applied toward Loans that meet your criteria.

You may adjust settings to control when and how Auto-Lending applies your funds. By default, Auto-Lending will include a small donation to support Economic Foundation (ECOFUND). Loans made through Auto-Lending are voluntary and not refundable.

Basically, you can choose loans manually or let Economic Foundation (ECOFUND) auto-lend on your behalf. Auto-lending includes a small donation, but you can change that in your account settings.

1.2 Guest Checkout. From time to time, Economic Foundation (ECOFUND) may allow you to make Loans without creating an account. If you use guest checkout, you will need to provide your email address. Economic Foundation (ECOFUND) may later offer you the chance to create an account to “claim” your Loan.

If you do not create an account, you will not receive repayments, and Economic Foundation (ECOFUND) will decide how to use the repaid funds.

Basically, guest checkout lets you lend without an account, but you’ll need to create one later to receive repayments.

1.3 Types of Loans on the Website.

a. Partner Loans. The majority of Loans on the Website are administered by existing domestic and international organizations (each, a "Field Partner" and, collectively, "Field Partners") that work in underbanked or low-income communities and generally have a stated mission to reduce poverty by providing affordable working capital, services, or supplies to underbanked or low-income borrowers (“Partner Loans”). When a Partner Loan is funded, Economic Foundation (ECOFUND) sends Lender funds to the Field Partner administering the Partner Loan and receives Borrower repayments via the Field Partner as the Loan is repaid.

Basically, most loans on Economic Foundation (ECOFUND)’s website are posted by third-party organizations we call “Field Partners.” Field Partners disburse money to borrowers and collect repayments, which they then send to Economic Foundation (ECOFUND).

b. Direct Loans. Certain other Loans on the Website are not administered by Field Partners but instead are made by transferring funds directly from Economic Foundation (ECOFUND) to a Borrower’s digital account (“Direct Loans”). Because Direct Loans are not managed by a Field Partner, they typically bear a greater risk of non-repayment than most Partner Loans. As Direct Loans are repaid, funds are transferred directly from the Borrower’s account back to Economic Foundation (ECOFUND). Some, but not all, Direct Loans are endorsed by individuals or institutions that vouch for the Borrower’s character (“Trustees”). Trustees may help manage their respective Borrowers’ relationships with Economic Foundation (ECOFUND), but they do not handle Loan disbursements or repayments made through Economic Foundation (ECOFUND)’s system, nor do they guarantee Borrower repayments.

Basically, some loans are managed directly by Economic Foundation (ECOFUND) without any assistance from a Field Partner. These loans are called “direct loans” and generally carry a higher risk. Trustees may endorse these borrowers but do not guarantee repayments.

1.4 Loan Disbursement.

a. Partner Loan Disbursement. Partner Loans are not made directly to Borrowers but are administered by Field Partners. Loan requests are posted in cooperation with such Field Partners and converted to U.S. dollar amounts as needed. Economic Foundation (ECOFUND) aggregates funds from multiple Lenders and delivers 100% of these funds to the Field Partner(s) for disbursement. Some Field Partners may also require mandatory savings from Borrowers as collateral. The process for disbursing loans may vary by country depending on local regulations.

Basically, loans are distributed to borrowers through Field Partners. The exact process can vary depending on the partner and country regulations.

b. Direct Loan Disbursement. Direct Loans are made without Field Partner involvement. Once approved by Economic Foundation (ECOFUND), the funds are transferred directly to the Borrower’s account. Economic Foundation (ECOFUND) disclaims responsibility for monitoring the use of funds or the performance of Trustees.

Basically, Economic Foundation (ECOFUND) directly selects borrowers for these loans. Trustees may endorse these borrowers but are not liable for any issues that arise.

1.5 Loan Collection and Repayment. Partner Loans are repaid by Borrowers to Field Partners, who then forward the payments to Economic Foundation (ECOFUND). Direct Loans are repaid directly to Economic Foundation (ECOFUND). Economic Foundation (ECOFUND) will distribute repayments to Lenders proportionally based on their contribution to the Loan. If a Borrower or Field Partner fails to repay, Lenders may lose some or all of their principal.

Basically, repayments are returned to Lenders in proportion to what they lent. If repayments are not received, you may lose your principal, and you cannot directly seek repayment from borrowers or Field Partners.

1.6 Principal Loss Scenarios. Loans may be declared in default if Economic Foundation (ECOFUND) determines that collection is unlikely. Economic Foundation (ECOFUND) may restructure repayment plans to improve the chances of repayment. Loans made in local currencies may carry the risk of exchange rate losses, which will be borne by Lenders unless the Field Partner agrees to cover them.

Basically, loans may default, and currency fluctuations may cause additional losses. Economic Foundation (ECOFUND) will not be liable for these losses.

1.7 Insufficient Lender Funds. If your payment for a Loan does not clear, Economic Foundation (ECOFUND) may cover the shortfall from your account balance or close your account if the shortfall is not resolved.

Basically, if your payment fails, Economic Foundation (ECOFUND) may use your account balance to cover it or close your account.

1.8 Subscriptions. Economic Foundation (ECOFUND) offers Lenders the ability to sign up for subscriptions, including but not limited to (a) periodic automated deposits of funds to your Economic Foundation (ECOFUND) account (“Auto Deposits”) which you can log into your account to lend, and/or (b) periodic automated deposits of funds to your Economic Foundation (ECOFUND) account that are automatically lent via Economic Foundation (ECOFUND)’s Auto-Lending feature once your account contains sufficient funds to make a Loan (“Subscription Lending”). Subscription Lending products offered from time to time may include, but are not limited to, “Monthly Good” and subscriptions to support loans related to specific causes. If you sign up for Auto Deposit or Subscription Lending, you authorize Economic Foundation (ECOFUND) to initiate a deposit of funds from your designated payment method to your Economic Foundation (ECOFUND) account in the amount and frequency specified in your account settings, and to charge you for an optional donation to Economic Foundation (ECOFUND)’s operations in the amount you designate, until such time as you cancel your subscription through your account settings. If you sign up for Subscription Lending, you authorize Economic Foundation (ECOFUND) to Auto-Lend funds from your account as described in Section 1.1 above.

Basically, if you sign up for auto-deposits or a lending subscription, you give Economic Foundation (ECOFUND) permission to initiate deposits of new funds to your Economic Foundation (ECOFUND) account from your chosen payment method on a regular basis. Lending subscriptions (like Monthly Good) will automatically lend your funds as soon as you have enough in your account to make a loan.

1.9 Tax Deductibility. You understand that Economic Foundation (ECOFUND) is a non-profit public benefit corporation. Economic Foundation (ECOFUND) has received exemption with the Internal Revenue Service as an organization that qualifies as a public charity under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended from time to time. Funds you donate to Economic Foundation (ECOFUND)’s operations are eligible for tax deductibility in the United States. You acknowledge, however, that making a Loan on the Website does not constitute a charitable donation, and therefore you are not eligible to receive a tax deduction for any funds lent to a Borrower through the Website. For avoidance of doubt, if you sign up for Auto Deposit or Subscription Lending (see Section 1.8), the funds automatically deposited to your account will not be eligible for tax deductibility unless and until you donate them to Economic Foundation (ECOFUND). You also understand that you are solely responsible for determining the proper tax treatment for any Loan you make through the Website and the Program. Economic Foundation (ECOFUND) has not and will not provide any tax or legal advice to you in connection with any Loan you might make. This Agreement does not attempt to define the tax implications of participating in the Program. If you participate in the Program, you should consult with your own accountants, tax advisors, and legal advisors.

Basically, Economic Foundation (ECOFUND) is a 501(c)(3) nonprofit that runs on donations. If you donate money to Economic Foundation (ECOFUND) in addition to your loans, the donations qualify for a tax deduction in the U.S. However, if you make a loan through Economic Foundation (ECOFUND), it isn’t considered a donation and isn’t tax deductible. We can’t give you specific tax advice.

1.10 Loan Records. Records of each Loan you fund (including this Agreement and any repayment history) are kept by Economic Foundation (ECOFUND) and, if you have a registered account with Economic Foundation (ECOFUND) and upon your written request, will be made available to you at any time throughout the term of the Loan. Your Economic Foundation (ECOFUND) Credit balance can also be accessed via your Economic Foundation (ECOFUND) account.

Basically, you can check your lending history and account balance by signing into your Economic Foundation (ECOFUND) account, or by writing to Economic Foundation (ECOFUND) to ask for it.

1.11 User Account Inactivity; Instructions for Auto-Donation of Funds to Economic Foundation (ECOFUND) or Auto-Withdrawal Return of Funds to User; Potential Escheatment of Funds. Economic Foundation (ECOFUND) welcomes its Users' active participation in the Economic Foundation (ECOFUND) Program. However, there may be occasions when a User becomes "inactive" for an extended period of time. If no activity occurs in your account for 24 consecutive months, you can set instructions in advance for how your remaining funds will be handled, either as a donation to Economic Foundation (ECOFUND) or as a withdrawal. If you do not set instructions and your funds remain unclaimed, Economic Foundation (ECOFUND) may forward these funds to the appropriate state government as unclaimed property.

Basically, if your account becomes inactive for 2 years, any funds you are owed may be donated to Economic Foundation (ECOFUND) by default. If you prefer the funds to be returned, you must set this preference in your account settings.

1.12 Promotional Products. Economic Foundation (ECOFUND) may offer certain promotions that allow you to make a Loan without using personal funds. These promotions are subject to additional terms and conditions. You can review the full terms for such promotional offers on the Website.

Basically, if we offer a promotion that lets you make a loan without using your own money, special terms will apply.

1.13 Economic Foundation (ECOFUND) Cards. A “Economic Foundation (ECOFUND) Card” is a hybrid product combining elements of a loan and a donation. If the recipient of the card does not use it within one year, the funds will be donated to Economic Foundation (ECOFUND). Full terms and conditions can be found in the Economic Foundation (ECOFUND) Card Terms and Conditions.

Basically, an Economic Foundation (ECOFUND) Card lets someone make a loan or donate to Economic Foundation (ECOFUND). If they don’t use it within a year, the value of the card is donated automatically.

2. Acceptable Use

2.1 Appropriate Conduct. You may access and use the Website for your personal, non-commercial use in connection with the Program (provided that Borrowers may promote their businesses on their Loan profile pages). The Website may not be accessed or used by you in connection with any other endeavors – commercial or otherwise – except as previously approved in writing by an authorized representative of Economic Foundation (ECOFUND). Your access and use of the Website and participation in the Program shall be in strict compliance with this Agreement, including, without limitation, Economic Foundation (ECOFUND)'s Privacy Policy, all other procedures and guidelines set forth on the Website and as part of the Program, as well as applicable law.

Only authorized Field Partners and authorized Borrowers may seek Loans on the Website or otherwise through the Program (provided that you may apply to become an authorized Borrower through Economic Foundation (ECOFUND)’s formal application process). Economic Foundation (ECOFUND) has the right to investigate and take appropriate legal action (including, without limitation, civil, criminal, and injunctive redress) against any illegal and/or unauthorized uses of the Website or exploitations of the Program, including collecting or harvesting (whether or not by automated scripts) the name, email address, or any other personal or confidential information of any User, Field Partner, Borrower, or any other person by electronic or other means for any reason, including, without limitation, the purpose of sending unsolicited email and unauthorized framing of or linking to the Website.

You may not use the Website in any manner that could damage, disable, overburden or impair the Website or software, systems, or equipment of Economic Foundation (ECOFUND) or any User, Field Partner, or other person. You may not use the Website in any manner that, in Economic Foundation (ECOFUND)’s sole discretion, creates a poor user experience for any other User, such as by posting content specifically designed to attract a negative reaction from an individual or group, or by “keyword stuffing” lending team pages (loading a page description with keywords in an attempt to manipulate the page’s ranking in search results).

Although Economic Foundation (ECOFUND) assumes no obligation to monitor the conduct of any User on or off the Website or through the Program, it is a violation of this Agreement to use the Website or Program, or any information obtained from the Website or Program, in order to: (i) harass, abuse, or harm another person (including, but not limited to, using profanity in lender messages or creating or joining lending teams in bad faith), (ii) prevent or exclude others, who are using the Website in compliance with this Agreement, from accessing, viewing, or funding a particular Borrower profile, (iii) promote or enable illegal activities, (iv) defraud or deceive any person, (v) promote or solicit involvement in support of any political platform, legislation, or campaign activity for or against political candidates, (vi) publicly share information about a Borrower’s delinquency or default, (vii) access and use the Website by scripts, bots, or other automated technology, (viii) contact, advertise to, solicit, "spam," or sell to any User, Field Partner, Trustee, Borrower, or other person without their prior explicit consent (provided that Borrowers may promote their businesses to Users in a respectful way), or (ix) post, upload, submit, transmit, or otherwise share any content, including, but not limited to, written materials or images, that in Economic Foundation (ECOFUND)'s opinion is obscene, harassing, contains profanity, or may be hateful or offensive on racial, ethnic, sexual, or any other grounds; is harmful, vulgar, or distasteful; contains graphic or gratuitous violence; is defamatory, libelous, or invades another person's privacy or proprietary rights; or contains viruses, time bombs, trojan horses, cancelbots, worms, or other harmful or disruptive codes, components, or devices.

Economic Foundation (ECOFUND) reserves the right at all times (but will not have an obligation) to restrict, suspend, or terminate the participation of any User or any lending team from the Website and the Program at any time, with or without prior notice. In order to protect Users and other persons from advertising, solicitation, or harassment, Economic Foundation (ECOFUND) reserves the right to remove or refuse to post or distribute any content from the Website that violates acceptable use in Economic Foundation (ECOFUND)'s sole discretion and restrict the number of emails or messages that a User may send to others through the Website in any 24-hour or other period to a number that Economic Foundation (ECOFUND) deems appropriate, in Economic Foundation (ECOFUND)'s sole and absolute discretion.

Basically, this section is about the dos and don’ts of using Economic Foundation (ECOFUND). Do use Economic Foundation (ECOFUND) to make loans and participate in our lending community. Don’t do anything that causes a negative experience for other Economic Foundation (ECOFUND) users (like sending spam or posting offensive content). Economic Foundation (ECOFUND) is the judge of what’s inappropriate, and we can suspend your account for bad behavior. You can read Economic Foundation (ECOFUND)’s community guidelines here.

3. Proprietary Rights

3.1 Rights in Content on the Website. "Economic Foundation (ECOFUND)," the "Economic Foundation (ECOFUND)" logo and other Economic Foundation (ECOFUND) graphics, logos, designs, page headers, button icons, scripts, names and branding are trademarks, service marks or trade dress of Economic Foundation (ECOFUND) (collectively, "Economic Foundation (ECOFUND) Marks"). Economic Foundation (ECOFUND) Marks may not be used, including, without limitation, as part of trademarks or domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Economic Foundation (ECOFUND).

Economic Foundation (ECOFUND) or its licensors own and retain all proprietary rights in the Program, the Website, and all content, material, and information posted, uploaded, transmitted, or otherwise shared by Economic Foundation (ECOFUND) thereon (collectively, "Content"). The Website and Program contain the copyrighted material, trademarks, and other proprietary information of Economic Foundation (ECOFUND) and its licensors. You may display and make limited copies of the Content (other than the Economic Foundation (ECOFUND) Marks) for your personal, non-commercial use in connection with your participation in the Program (except as provided herein), but you may not alter, modify, publish, distribute, publicly display, or sell any Content or other such proprietary information, or otherwise copy, transmit or use any Content or other such proprietary information without the express, prior written permission of Economic Foundation (ECOFUND).

In addition, to the extent you receive information from Economic Foundation (ECOFUND), its Field Partners, Trustees, or Borrowers with respect to any Borrower, and that information is later removed from the Website (including, without limitation, due to the Loan delinquency or default of a particular Borrower or the sensitive nature of particular Borrower profiles), you may not further disclose or otherwise provide such information to another party in a way that allows a personal identification of such Borrower, if such Borrower (either directly or through the corresponding Field Partner, Trustee, or Economic Foundation (ECOFUND)) has opted to have his or her identity withheld on the Website.

Basically, Economic Foundation (ECOFUND) owns our name, logo, branding, and all the content on our website, and you can’t use it without our permission. That said, you can share website content if it relates to your use of Economic Foundation (ECOFUND) (and if you’re not making any money off it). If we later remove content (like borrower information) from the Economic Foundation (ECOFUND) website, you shouldn’t continue to share that information with others. You also shouldn’t publicly share information about borrower delinquency or defaults.

If you post, upload, submit, transmit, or otherwise share any messages or other content, information, images, photographs, pictures, or other materials on the Website or to Economic Foundation (ECOFUND) in connection with or arising from your participation in the Program, including without limitation any feedback provided to Economic Foundation (ECOFUND) (collectively, "User Generated Content"), you agree to grant, and hereby grant to Economic Foundation (ECOFUND) an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to: (a) use, copy, perform, display, and distribute the User Generated Content; (b) modify, alter, prepare derivative works of, and/or incorporate into other works, the User Generated Content; and (c) grant and authorize sublicenses of the foregoing.

You represent and warrant that you have the right, power, and authority to grant the foregoing license. In addition, you agree to release, discharge, and agree to hold harmless Economic Foundation (ECOFUND) from any and all claims or liability, whether known or unknown, including any and all claims in connection with the publication, production, processing, distribution, or exploitation of the User Generated Content, including, without limitation, any claims of infringement or violation of any intellectual property, moral, publicity, privacy, or proprietary rights.

Basically, We can use anything you post on the Economic Foundation (ECOFUND) website (like profile information or message board comments), and we can give others permission to use it too. We don’t have to pay you for the use of this content, and you won’t sue us over its use, or over anything posted to the website by another user. You shouldn’t post anything you don’t have permission to post (like a picture that isn’t yours).

You acknowledge, consent, and agree that Economic Foundation (ECOFUND) may, at its sole discretion and to the extent permitted by law, access, read, preserve, and disclose your account information, usage history, and User Generated Content in order to: (i) comply with any applicable law, regulation, legal process, or governmental request; (ii) respond to claims that any Content violates the rights of third parties, including without limitation intellectual property rights; (iii) enforce this Agreement and investigate potential violations thereof; (iv) detect, prevent, or otherwise address fraud, security, or technical issues; (v) respond to your requests for customer service; or (vi) protect the rights, property, or personal safety of Economic Foundation (ECOFUND), its users, or the public. Please see the Privacy Policy for more information regarding the use and disclosure of your information as part of the Program.

Basically, We can view, save, and share anything you post on the website, as well as your account information, for the reasons listed in this section. Our Privacy Policy says more about how we collect and use your information and content.

3.2 Notices of Infringement. To file a notice of infringing material on the Website, please provide a notification containing the following details:

• Reasonably sufficient details to enable Economic Foundation (ECOFUND) to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
• Reasonably sufficient details to enable Economic Foundation (ECOFUND) to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
• Your contact information so that Economic Foundation (ECOFUND) can contact you (for example, your address, telephone number, email address);
• A statement that you have a good faith belief that the use of the material identified by you is not authorized by the copyright owner, its agent, or the law;
• A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
• Your physical or electronic signature.

Then send this notice to:

By Mail: Economic Foundation (ECOFUND) Legal Department ...

4. Disclaimers; Limitation of Liability
Economic Foundation (ECOFUND) is not responsible, and shall have no liability, for any incorrect or inaccurate content posted on the Website or any liability, cost or expense you may incur in connection with the Website or Program, whether caused by any User, Field Partner, Trustee, Borrower or other person or by any of the equipment or programming associated with or utilized in the Program. You also acknowledge and agree that neither Field Partners, Trustees, nor Borrowers are liable for content created and posted on the Website, and neither Field Partners nor Trustees guarantee repayment by any Borrower. Economic Foundation (ECOFUND) is not responsible for the conduct, whether online or offline, of any User of the Website or any other person. With respect to the Website and Program, Economic Foundation (ECOFUND) assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications.

Economic Foundation (ECOFUND) is not responsible for your interactions with any Field Partners, Trustees, any other User or any Borrower (even to the extent prohibited by this Agreement) and any disputes or damages that may result from such interactions. Economic Foundation (ECOFUND) reserves the right, but has no obligation, to monitor disputes between you and such persons.

Under no circumstances will Economic Foundation (ECOFUND) be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from any use of the Website or participation in the Program, including without limitation any content posted, uploaded, submitted, transmitted or otherwise shared on the Website or any interactions between any Users of the Website or Program, whether online or offline. Economic Foundation (ECOFUND) does not represent, warrant, covenant, guarantee or promise any specific results from use of the Website or the Program.

Basically, Economic Foundation (ECOFUND) isn’t liable for any problems you may have if you use the website for lending, borrowing or otherwise, even if those problems are caused by our mistake or another person’s bad behavior. Field Partners, Trustees, and borrowers aren’t liable to you either.

THE WEBSITE AND PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR INFORMATION CONTAINED WITHIN IT (INCLUDING THIRD PARTY DATA PROVIDED TO ECONOMIC FOUNDATION (ECOFUND)) OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE PROGRAM, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND PARTICIPATION IN THE PROGRAM, INCLUDING BUT NOT LIMITED TO ALL OF THE RISKS ASSOCIATED WITH ANY ONLINE AND OFFLINE INTERACTIONS WITH ANY PERSON.

Economic Foundation (ECOFUND) will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third party data due either to any negligent act or omission by Economic Foundation (ECOFUND) or "force majeure" or any other cause beyond the control of Economic Foundation (ECOFUND).

Basically, Again, you use Economic Foundation (ECOFUND) at your own risk. While we hope you have a great experience, we don’t make any promises or guarantees about the service we provide or the experience you’ll have.

5. Governing Law; Resolution of Disputes; Arbitration and Waivers
This Agreement is governed by the laws of the State of California, USA, without regard to its choice of law or conflict of law provisions. If any dispute arises between you and Economic Foundation (ECOFUND), including, without limitation, any dispute arising from or relating to the Website or the Program, you agree that all such disputes will be determined exclusively by final and binding arbitration, in accordance with the then existing commercial rules of the American Arbitration Association in San Francisco if the amount claimed is greater than $100 and otherwise over the telephone or in another city in which Economic Foundation (ECOFUND) is located. The arbitration shall be heard and adjudicated by one arbitrator to be selected by you and Economic Foundation (ECOFUND). Any award will be final, binding and conclusive upon the parties, subject only to judicial review provided by California statute, and a judgment rendered on the arbitration award can be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either you or Economic Foundation (ECOFUND) may seek any injunctive relief in a state or federal court in San Francisco, California, as may be necessary to preserve rights pending the completion of arbitration and Economic Foundation (ECOFUND) may seek any injunctive relief in a state or federal court in San Francisco, California, or another court of competent jurisdiction, at any time against any violations of Section 2 (Acceptable Use) or Section 3 (Proprietary Rights) of this Agreement.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, BY AGREEING TO SUBMIT ALL DISPUTES TO BINDING ARBITRATION, YOU AND ECONOMIC FOUNDATION (ECOFUND) HEREBY WAIVE YOUR RIGHT TO A JURY OR COURT TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR BASED UPON THIS AGREEMENT OR ANY CONTEMPLATED USE HEREIN, INCLUDING CONTRACT, TORT, BREACH OF DUTY AND ALL OTHER CLAIMS, EXCEPT AS SPECIFICALLY PROVIDED ABOVE.

Basically, If you have a dispute with Economic Foundation (ECOFUND), you agree to solve it through arbitration instead of a lawsuit. This means an independent person whose job it is to solve disputes will make a binding decision. In other words, you’re giving up your right to a jury or court trial and you agree to be subject to California law, no matter where you live.

6. Indemnity
You agree to indemnify and hold Economic Foundation (ECOFUND) harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made or incurred by any third party due to or arising (directly or indirectly) out of your use of the Website or participation in the Program or arising from your breach of this Agreement.

Basically, If someone else sues us because of something you did relating to Economic Foundation (ECOFUND), you’ll reimburse us for our costs.

7. Term; Termination
This Agreement will remain in full force and effect while you access or use the Website or participate in the Program as a User and, notwithstanding anything herein to the contrary, this Agreement will remain in effect after your participation in the Program and registered account is terminated. From time to time, Economic Foundation (ECOFUND) may make features available to Users as part of the Program. Economic Foundation (ECOFUND) reserves the right, in its sole discretion, to include or cease providing these features at any time. Whether or not you are and remain eligible to participate in the Program, use the Website, or take advantage of any Economic Foundation (ECOFUND) services, may be determined by Economic Foundation (ECOFUND) in its sole and absolute discretion. You may terminate your participation in the Program and registered account at any time and for any reason through your Account Settings. Any funds remaining in your account at the time of deletion, as well as any funds later repaid to the account, will be automatically donated to Economic Foundation (ECOFUND).

Basically, You agree to these terms both during your use of Economic Foundation (ECOFUND) and after you close your account. If you want to close your account, you should let us know where to send any money we may owe you (including from future loan repayments). We also reserve the right to close your account and notify you that you cannot use Economic Foundation (ECOFUND) anymore. If we do this, you can’t make a new account and keep using Economic Foundation (ECOFUND), but we’ll continue to send you amounts we owe you as we collect loan repayments.

We also can stop providing features of our website and lending program at any time.

8. Entire Agreement; Severability; Assignment
This Agreement, accepted upon your access and use of the Website or participation in the Program and further affirmed by becoming a User, contains the entire agreement between you and Economic Foundation (ECOFUND) regarding the use of the Website or the Program. Notwithstanding the foregoing, the following applies to Borrowers, Trustees, and Field Partners: in the event of any irreconcilable conflict between your separate written Borrower, Trustee, or Field Partner agreement with Economic Foundation (ECOFUND) (as applicable) and this Terms of Use Agreement, the provisions of your Borrower, Trustee, or Field Partner agreement (as applicable) shall govern with respect to such conflict. This Agreement may not be orally amended. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

This Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and permitted assigns. Economic Foundation (ECOFUND) has the right to delegate, assign and otherwise transfer any or all of its rights and duties under this Agreement. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Please contact us at contactus@EconomicFoundation.org with any questions regarding this Agreement, or to request a written copy of this Agreement.

Basically, These are some common legal terms we have included. If you want a written copy of these Terms of Use, or if you have any questions, just email us at contactus@EconomicFoundation.org.