Accessity Terms of Use

Last Modified: March 19, 2021 

  1. Acceptance of the Terms of Use

These terms of use are entered into by and between you and Accessity (“Accessity”, “we” or “us”). The following terms and conditions (these “Terms of Use”), govern your access to and use of www.accessity.org, including any content, functionality and services offered on or through www.accessity.org (each, a “Website”) and our mobile applications that you download from an official mobile application store, such as the Apple App Store® or the Google Play Store® (each, an “Application”), and any content, functionality and services offered on or through our Website(s) and Applications, whether as a guest or a registered user. The Website(s) and Applications facilitate our ability to provide economic opportunity by providing loans and educational training to primarily low to moderate income entrepreneurs, entrepreneurs of color, and female entrepreneurs to help them start or grow.

Please read the Terms of Use carefully before you start to use the Website(s) or Applications. By using the Website(s) or Applications or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://accessity.org/accessity-privacy-notice, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website(s) or Applications. 

The Website(s) and Applications are 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 the Website(s) or Applications, you represent and warrant that you are of legal age to form a binding contract with Accessity 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(s) or Applications.

  1. Changes to the Terms of Use

We may revise and update these Terms of Use 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(s) or Applications thereafter. 

Your continued use of the Website(s) or Applications following the posting of a revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. 

  1. Accessing the Website(s) or Applications and Account Security

We reserve the right to withdraw or amend the Website(s) or Applications, and any service or material we provide on the Website(s) or Applications, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website(s) or Applications or unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website(s) or Applications, or the entire Website(s) or Applications, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website(s) and Applications.
  • Ensuring that all persons who access the Website(s) or Applications through your internet connection are aware of these Terms of Use and comply with them.

To access the Website(s) or Applications or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website(s) or Applications that all the information you provide on the Website(s) or Applications is correct, current and complete. You agree that all information you provide to register with the Website(s) or Applications or otherwise, including but not limited to through the use of any interactive features on the Website(s) and Applications, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website(s) or Applications or portions of them using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

  1. Intellectual Property Rights

The Website(s) and Applications and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Accessity, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

If you are accessing the Website(s) or Applications as an individual, these Terms of Use permit you to use the Website(s) and Applications for your personal use only. If you are accessing and using the Website(s) or Applications on behalf of your employer, these Terms of Use permit you to use the Website(s) and Applications for your employer’s internal business use and not for your personal use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website(s) and Applications, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print one copy of a reasonable number of pages of the Website(s) and Applications for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website(s) or Applications in breach of the Terms of Use, your right to use the Website(s) and Applications will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website(s) or Applications or any content on the Website(s) or Applications is transferred to you, and all rights not expressly granted are reserved by Accessity. Any use of the Website(s) or Applications not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

  1. Trademarks

The Accessity name, our logo, and all related names, logos, product and service names, designs and slogans are trademarks of Accessity or its affiliates or licensors. You must not use such marks without the prior written permission of Accessity. All other names, logos, product and service names, designs and slogans on the Website(s) and Applications are the trademarks of their respective owners.

  1. Prohibited Uses

You may use the Website(s) and Applications only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website(s) or Applications:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate Accessity, an Accessity employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website(s) and Applications, or which, as determined by us, may harm Accessity or users of the Website(s) and Applications or expose them to liability.

Additionally, you agree not to:

  • Use the Website(s) or Applications in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website(s) or Applications, including their ability to engage in real time activities through the Website(s) or Applications.
  • Use any robot, spider or other automatic device, process or means to access the Website(s) or Applications for any purpose, including monitoring or copying any of the material on the Website(s) or Applications.
  • Use any manual process to monitor or copy any of the material on the Website(s) and Applications or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website(s) or Applications.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website(s) or Applications, the server on which the Website(s) or Applications are stored, or any server, computer or database connected to the Website(s) or Applications. 
  • Attack the Website(s) or Applications via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website(s) or Applications. 
  1. Monitoring and Enforcement; Termination

We have the right to: (a) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website(s) or Applications; and (b) terminate or suspend your access to all or part of the Website(s) or Applications for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website(s) or Applications. YOU WAIVE AND HOLD HARMLESS ACCESSITY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

  1. Reliance on Information Posted

The information presented on or through the Website(s) and Applications 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(s) and Applications, or by anyone who may be informed of any of its contents.

The Website and Applications 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 Accessity, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Accessity. 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.

  1. Changes to the Website(s) or Applications

We may update the content on the Website(s) or Applications from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website(s) or Applications may be out of date at any given time, and we are under no obligation to update such material. 

  1. Information About You and Your Visits to the Website(s) or Applications

All information we collect on the Website(s) or Applications is subject to our Privacy Policy https://accessity.org/accessity-privacy-policy. By using the Website(s) or Applications, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

  1. Online Payments

All transactions, such as loan offerings or other financial transactions, formed through the Website(s) or Applications or as a result of visits to the Website(s) or Applications made by you are governed by the terms of the applicable agreement without modification. We may process your payments through our third-party payment processor. 

  1. Donations

By entering your donation information when making a donation and clicking “Donate,” you hereby authorize Accessity to process your donation through our third-party payment processor. 

  1. Linking to the Website(s) or Applications 

You may link to pages of the Websites, 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 without our express written consent. 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. 

  1. Links from the Website(s) or Applications

If the Website(s) or Applications contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website(s) or Applications, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

  1. Geographic Restrictions

The owner of the Website(s) and Applications is based in the state of California in the United States. We provide the Website(s) and Applications for use only by persons located in the United States. We make no claims that the Website(s) or Applications or any of their content is accessible or appropriate outside of the United States. Access to the Website(s) and Applications may not be legal by certain persons or in certain countries. If you access the Website(s) or Applications from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

  1. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website(s) or Applications will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE(S) OR APPLICATIONS OR ANY SERVICES OBTAINED THROUGH THE WEBSITE OR APPLICATION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.

YOUR USE OF THE WEBSITE(S) AND APPLICATIONS, THEIR CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE(S) AND APPLICATIONS IS AT YOUR OWN RISK. THE WEBSITE(S) AND APPLICATIONS, THEIR CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE(S) AND APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ACCESSITY NOR ANY PERSON ASSOCIATED WITH ACCESSITY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF ACCESSITY. WITHOUT LIMITING THE FOREGOING, NEITHER ACCESSITY NOR ANYONE ASSOCIATED WITH ACCESSITY REPRESENTS OR WARRANTS THAT THE WEBSITE(S) OR APPLICATIONS, THEIR CONTENT OR ANY SERVICES OBTAINED THROUGH THE WEBSITE(S) OR APPLICATIONS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE(S) AND APPLICATIONS OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE(S) OR APPLICATIONS OR ANY SERVICES OBTAINED THROUGH THE WEBSITE(S) OR APPLICATIONS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

ACCESSITY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Limitation on Liability

IN NO EVENT WILL ACCESSITY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE APPLICATIONS, ANY WEBSITES LINKED TO THE WEBSITE(S) OR APPLICATIONS, ANY CONTENT ON THE WEBSITE(S) OR APPLICATIONS OR SUCH OTHER WEBSITES OR APPLICATIONS OR ANY SERVICES OBTAINED THROUGH THE WEBSITE(S) OR APPLICATIONS OR SUCH OTHER WEBSITES OR APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Indemnification

You agree to defend, indemnify and hold harmless Accessity, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website(s) or Applications, including, but not limited to, any use of the Website(s) or Applications’ content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website(s) or Applications.

  1. Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use 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 California without giving effect to any choice or conflict of law provision or rule (whether of the State of California 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 California in each case located in the City of San Diego and County of San Diego County, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use 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. 

  1. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE(S) OR APPLICATIONS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

  1. Waiver and Severability

No waiver by Accessity of any term or condition set forth in these Terms of Use 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 Accessity 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 these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

  1. Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Accessity with respect to the Website(s) and Applications and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website(s) and Applications. 

  1. Your Comments and Concerns

The Website(s) and Applications are operated by Accessity, which is located at 404 Euclid Avenue, Ste 271, San Diego CA 92114.

All other feedback, comments, requests for technical support and other communications relating to the Website(s) and Applications should be directed to: info@accessity.org