Rev. July 2021
Welcome and thank you for visiting https://www.chaifunds.com (this “Website”), operated by Weave Social Finance, LLC (“Weave”) on behalf of the Colorado Housing Accelerator Initiative. By accessing or using this Website, you as the user (“you”) agree to be bound by the following terms and conditions (these “Terms”).
PLEASE READ THESE TERMS CAREFULLY. YOUR USE OF THIS WEBSITE IS CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS.
The Website is intended for individuals 18 years of age or older. By using or accessing the Website, you represent and warrant that you are at least 18 years of age. If you are not at least 18 years of age or do not agree with these Terms, do not use or access the Website.
1. Use of this Website.
a. License. On the condition that you comply with all of your obligations under these Terms, Weave grants you a limited, revocable, nonexclusive, non-assignable, non-sublicenseable license and right to access this Website with a generally available web browser to view information and use this Website. Any other use of this Website is strictly prohibited and a violation of these Terms. Weave reserves all rights not expressly granted in these Terms, including, without limitation, rights of title, ownership, intellectual property and all other rights and interests in this Website and all related items.
b. Revision of these Terms. Weave reserves the right to update these Terms from time to time by posting new Terms on this page. You are advised to consult these Terms regularly for any changes. Your continued use of the Website after such changes have been made constitutes acceptance of those changes. The last revision date is at the top of this page.
c. Cessation of Service. Weave reserves the right to modify, terminate and suspend the operation of this Website, without notice or liability, at any time and for any or no reason in its sole and absolute discretion.
2. Content. The Website is for general informational purposes only, and may not be up-to-date, accurate or complete. The content that is made available in connection with this Website, including the written copy, visual interfaces, interactive features, graphics, designs, databases and their data, computer code, products, software and all other elements and components of this Website (the “Website Content”), should not be construed as investment or other professional advice. Weave does not assume any responsibility for the Website Content and will not be liable for any damages or injury arising from your use or reliance upon the Website Content or your access to, or inability to access, such information. Before you act on any Website Content, you should independently confirm any facts that are important to your decision. You use the Website Content at your own risk.
3. Conduct. You agree that you will not:
- violate any of Weave’s rights or use this Website to violate the rights of any third party such as copyright or trademark rights;
- copy information from this Website except as necessary for your personal, non-commercial use to view, save, print, fax or e-mail such information;
- otherwise reproduce, modify, distribute, display or provide access to this Website or the Website Content;
- create derivative works from, decompile, disassemble or reverse engineer any portion of this Website;
- upload to or distribute through this Website any binary code, macros or other executable code, or any file that contains any viruses, Trojan horses or other components designed to commandeer, limit or harm the functionality of a computer;
- remove or modify any copyright or other intellectual property notices that appear on this Website;
- access or use this Website in any manner that could damage, disable, overburden, place an unreasonable load on, interfere or attempt to interfere with the proper working of, or impair, this Website, its computer systems, or network;
- attempt to gain unauthorized access to any of this Website’s computer systems or networks;
- use this Website in any way that is unlawful, harms Weave’s business, Weave’s service providers, licensors, representatives or any other user, or breaches any policy or notice on this Website;
- charge any person for access to any portion of this Website or any information on this Website;
- engage in “framing” or “mirroring,” or otherwise simulate the appearance or functionality of this Website; and
- assist, encourage or enable others to do any of the preceding prohibited activities.
4. Intellectual Property.
a. Content of this Website. Weave owns all of the Website Content. Weave also owns the copyrights, trademarks, service marks, trade names and other intellectual and proprietary rights throughout the world associated with this Website and the Website Content, which are protected by copyright, trade dress, patent, trademark and other applicable intellectual property rights and laws. Notwithstanding the foregoing, Weave agrees that your information provided by you under these Terms shall remain, as between you and Weave, owned by you.
b. Restrictions. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display, perform or in any way exploit any of the Website Content in whole or in part, except as expressly authorized by the applicable rights holder. Weave does not transfer to you any of Weave’s technology or other intellectual property or technology rights. All right, title and interest in and to Weave’s technology and intellectual property will remain solely with Weave.
6. Indemnification. You agree to indemnify, defend and hold Weave, as well as Weave’s affiliates, suppliers, licensors and partners, including the shareholders, officers, directors, managers, members, partners, trustees, employees, agents and representatives of each of them (collectively, the “Weave Parties”) harmless from any and all claims, liability, damages and costs (including, but not limited to, attorneys’ fees) arising out of or relating to your access to or use of this Website or your violation of these Terms. Weave reserves the right to, but is not obligated to, assume the exclusive defense and control of any matter for which you are required to indemnify the Weave Parties, and you agree to cooperate with Weave’s defense of such claims. You agree not to settle any such matter without Weave’s prior written consent. Weave will use reasonable efforts to notify you of any such claim, action or proceeding when Weave becomes aware of it. Each of the Weave Parties is an express third-party beneficiary of this indemnification provision, with full rights to enforce its terms.
8. Limitations of Liability.
a. No Consequential Damages. Weave shall not be liable for any indirect, special, incidental, exemplary, punitive or consequential loss or damage of any kind, including without limitation, lost business or profits, whether arising in tort (including negligence), equity, breach of contract or otherwise (and whether or not such damages are foreseeable or Weave has been advised of the possibility of such loss or damage). In no event will any of the officers, trustees, directors, partners, employees, consultants, beneficiaries, joint venturers, members, stockholders or other principals or representatives of Weave, ever be personally liable to you under, arising out of, or related to these Terms (including for direct or consequential damages), and you hereby waive the right to recover damages from any such persons.
b. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, THE WEAVE PARTIES’ MAXIMUM AGGREGATE CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND THE WEBSITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THE ABOVE LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT, EQUITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF THE THEORY OF LIABILITY. If applicable law limits the application of the above limitation of liability, Weave’s liability will be limited to the maximum extent permitted by law.
9. Disclaimer of Warranties. THIS WEBSITE IS PROVIDED “AS IS,” AND WEAVE: (i) MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER; (ii) EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE; AND (iii) DOES NOT WARRANT THAT THIS WEBSITE IS OR WILL BE ERROR-FREE, WILL MEET YOUR REQUIREMENTS, OR BE TIMELY OR SECURE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THE USE OF THIS WEBSITE. YOU WILL NOT HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF WEAVE TO ANY THIRD PARTY. USE OF THIS WEBSITE IS AT YOUR SOLE RISK. Because some states and jurisdictions do not allow limitations on implied warranties, the above limitation may not apply to you. In such event, such warranties are limited to the minimum warranty period allowed by the applicable law. Without limiting the generality of the foregoing, Weave does not make any warranty of any kind with respect to freedom from patent, trademark, or copyright infringement, or theft of trade secrets and Weave does not assume any liability hereunder for any infringement of any patent, trademark, or copyright arising from the use of the Website or rights granted or provided by Weave hereunder.
10. Digital Millennium Copyright Act Compliance; Notices. Weave respects the intellectual property rights of others and expects users of the Website to do the same. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), Weave’s designated agent for notice of alleged copyright infringement appearing on the Website is:
Ed Briscoe, Managing Director
Weave Social Finance, LLC
1536 Wynkoop Street, Suite 529
Denver, CO 80202
Filing a notice of infringement with Weave requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. All other notices or other correspondence to Weave under these Terms must be sent to the foregoing address.
a. Governing Law. These Terms shall be governed by the laws of the State of Colorado, regardless of conflict of laws principles.
b. Arbitration. Any dispute, controversy or claim arising out of or in connection with or relating to your use of this Website or these Terms, or any breach or alleged breach these Terms, shall be referred to the Denver, Colorado office of the Judicial Arbiter Group, Inc. (“JAG”), for final and binding arbitration before a retired judge, or if requested by a party, another JAG panelist. Such dispute resolution process shall be confidential and shall be conducted in accordance with Colorado Rule of Evidence 408. No party (or the arbitrator) shall disclose the existence, content, or results of any arbitration hereunder without the prior written consent of the other party. Except as provided herein, the Colorado Arbitration Act shall govern the interpretation, enforcement and all proceedings pursuant to this subparagraph. The arbitrator shall be without jurisdiction to apply any substantive law other than the laws selected or otherwise expressly provided in this Note. The arbitrator shall render an award and a written, reasoned opinion in support thereof. Such award may include reasonable attorneys’ fees and costs to the prevailing party as determined by the arbitrator based upon settlement offers and such other facts as are deemed relevant by the arbitrator. Judgment upon the award may be entered in any court having jurisdiction thereof. The arbitration shall be final and binding upon the parties, except that the arbitrator shall not have the jurisdiction or power to commit errors of law or legal reasoning, and the arbitrator’s award may be vacated or corrected on appeal by a court having jurisdiction thereof for any such error. The parties shall bear their respective costs incurred in connection with the procedures described in this Section 11.2, except that the parties shall equally share the fees and expenses of the arbitrator and the costs of the facility for the hearing. BY PROCEEDING UNDER THIS ARBITRATION CLAUSE, EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY DISPUTE ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS.
c. Injunctive Relief. You acknowledge that any use of the Website or Website Content contrary to this Agreement may cause irreparable injury to Weave and its affiliates, and under such circumstances Weave and its affiliates will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
d. Export Laws. You acknowledge that the Website and the Website Content may be subject to the export control laws of the United States. You will not export, re-export, divert, transfer or disclose any portion of the Website, the Website Content or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
e. Beneficiaries. Except as otherwise expressly stated in these Terms, nothing in these Terms is intended to, nor will be deemed to, confer rights or remedies upon any third party.
f. Amendments; Waivers. Weave may modify these Terms as provided in Section 1(b) (Revision of these Terms). These Terms may not be modified, amended, terminated or waived, in whole or in part, by you except by a written instrument signed by Weave. Except as expressly set forth herein, any failure of a party to take action in response to any breach of these Terms by the other party shall not constitute a waiver of such breach or of performance required by the other party; and no waiver of any provision of these Terms shall constitute a waiver of any other provision (whether or not similar), nor shall such waiver constitute a continuing waiver unless expressly provided therein.
g. Force Majeure. Neither party will be liable for, or be considered to be in breach of or default under these Terms on account of any delay or failure to perform as required by these Terms as a result of any cause or condition beyond such party’s reasonable control, so long as such party uses all commercially reasonable efforts to avoid or remove such causes of non-performance or delay.
h. Severability. If any provision of these Terms is deemed to be invalid or unenforceable, the remaining provisions of these Terms shall be valid and binding and of like effect as though such provision were not included.
i. Entire Agreement. These Terms contain the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous representations, promises, agreements and understandings, whether oral or written, between the parties concerning the subject matter hereof.