Terms of Use

Terms of Use

Calvert Impact Capital, Inc. ("Calvert", "we" or "us") owns and operates calvertimpactcapital.org, and any sub-domain thereof (collectively, the "Site"). Please review this Website Terms of Use Agreement ("Terms of Use" or "Agreement") carefully before using this Site. By registering for, logging into, visiting and/or otherwise using the Site in any way, you indicate that you understand and intend this Agreement to be the legal equivalent of a signed written contract and equally binding, and that you accept the terms of use as set forth in this Agreement and agree to be legally bound by them.

We reserve the right, in our sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Changes to these Terms will become effective immediately upon the posting thereof. Your continued use of the Site following reasonable notice of such modifications will be conclusively deemed acceptance of any changes to these Terms of Use. You agree that notice of changes to these Terms of Use posted on the Site constitutes reasonable and sufficient notice. At all times, you are bound by the then-current version of these Terms of Use, the Privacy Policy, and all applicable laws. We highly recommend that you review these Terms of Use from time to time to ensure that you are familiar with the most recent version.

1. Terms of Use

1.1. Contents of Site

As between you and Calvert, this Site (including the underlying software and files) and content provided on this Site, are the exclusive property of Calvert, and are protected by law, including United States copyright, database,trade secret, and trademark law, as well as other state, national and international laws and regulations. Except as expressly provided in this Agreement, Calvert does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Site. You must not use such marks without the prior written permission of Calvert. The contents are Copyright (c) 2018, Calvert Impact Capital, Inc. All rights reserved.

You may include insubstantial portions of information from this Site in memoranda, reports and presentations, but only if such memoranda, reports and presentations are distributed or otherwise made available in non-electronic form, to a limited number of individuals. You must attribute the information to Calvert in all such memoranda, reports and presentations; such attribution to appear in a form and format reasonably acceptable to Calvert. The Print Creator Too is already setup to display the Calvert logo appropriately. All other usage, in part or whole, must include copyright notices from Calvert with the phrase "Reprinted with permission from Calvert (https://www.calvertimpactcapital.org)." You may not post any content from this Site to newsgroups, mail lists or electronic bulletin boards, without the prior written consent of Calvert.

1.2. Disclaimers

THE INFORMATION INCLUDED ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. INFORMATION PROVIDED IS OBTAINED FROM SOURCES DEEMED TO BE RELIABLE, HOWEVER, CALVERT MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, ADEQUACY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SITE OR ANY OF ITS CONTENT, OR THAT THE SITE OR ANY OF ITS CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED. FURTHER, THE INFORMATION AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU ASSUME THE SOLE RISK OF MAKING USE OF THIS SITE AND THE CONTENT IT PROVIDES.

UNDER NO CIRCUMSTANCES WILL CALVERT BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR ACCESS OR USE OF THIS SITE OR THE CONTENT IT PROVIDES, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE MATERIALS, PRODUCTS, SERVICES OR INFORMATION, COST OF CAPITAL, AND THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF CALVERT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The content on this Site, including discussions of certain nonprofit organizations and their programs, are provided as general information only and are not intended to provide investment, accounting, tax or legal advice. Not all investment opportunities offered by any organization are available in all countries or states within the United States, and nothing on this site constitutes an offer or solicitation of these investments, products or services in any jurisdiction where their offer or sale is not qualified or exempt from registration.

Under no circumstances will Calvert, or any of its employees, agents, successors, assigns, affiliates or content or service providers be liable to you or other third parties for any loss, injury, claim, liability or damage of any kind (including, without limitation, attorneys' fees and lost profits, opportunities or savings) resulting from, arising out of or any way related to your access or use of this Site or the content it provides, including:

a.) any errors in, inaccuracies, omissions or other defects in authenticity of the information, including but not limited to content, technical inaccuracies and typographical errors; or

b.) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence or under any other cause of action.

In the event you use this Site to subscribe for and purchase Calvert Community Investment Notes ("Notes"), nothing in the foregoing shall operate as a waiver or release of your rights under the Securities Act of 1933, as amended, or any applicable state securities law, in connection with such purpose of Notes.

TO THE EXTENT PERMITTED BY LAW, CALVERT DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR ACCESS OR USE OF THE SITE AND ITS CONTENT.

2. Restrictions on Use

You represent and warrant to Calvert that you will not use this Site for any purpose that is unlawful or prohibited by these Terms of Use, including but not limited to attempting or actually (a) disrupting, impairing, overburdening, damaging, impairing or otherwise interfering with the operation or integrity of the Site (including impairing any other party’s ability to engage in real time activities through the Site) or circumventing any Site security system, (b) collecting any information about other users of the Site, (c) systematically extracting content or other information or data contained in the Site (including through use of any robot, spider or other automatic device, process or means), (d) use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent, (e) use any device, software, or routine that interferes with the proper working of the Site, (f) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, (g) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site, (h) attack the Site via a denial-of-service attack or a distributed denial-of-service attack, or (i) otherwise attempt to interfere with the proper working of the Site.

You further represent and warrant that you will not (a) post, store, transmit or otherwise use the Site in connection with any materials that may constitute or be comprised of any material that is unlawful or prohibited by this Agreement, (b) claim a relationship with or speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship (including but not limited to Calvert); (c) provide false or misleading personal information or email addresses, or impersonate any other person or entity; (d) 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; (e) harass another person; (f) violates 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), (g) is threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another's privacy, hateful, or ethnically, racially, or otherwise objectionable; (h) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any person, or (i) consists of unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, "junk mail," "spam," "chain letters," or "pyramid schemes."

3. Prospectus and Risk Disclosure

In the event you use this Site to subscribe for and purchase the Notes, you should carefully review the prospectus pertaining to the offering of such Notes, which may be obtained by calling 800.248.0337 or by viewing and downloading a prospectus here. You should carefully consider the information, including the risk factors, included in this prospectus before investing.

4. Modifications to Site

Calvert reserves the right to change this Site and any information on this Site, including but not limited to, revising and/or deleting features or other information, and materials, products, and services described on this Site, without prior notice. The content presented on this Site may vary depending upon your browser limitations.

5. Third-Party Links

Calvert may describe, reference, or provide links, in its sole discretion, to other information or products or sites on the World Wide Web for your convenience in locating related information and services. Any descriptions of, references to, or links to other products, publications or services does not imply endorsements of any kind, unless expressly stated by Calvert. Any such information, products or sites have not necessarily been reviewed by Calvert and are provided or maintained by third parties over which Calvert exercises no control. In addition, to the extent that they were reviewed by Calvert, Calvert undertakes no responsibility for continually monitoring such websites; the material at a site when Calvert viewed it may differ materially than when you do. Accordingly, Calvert expressly disclaims any responsibility for the content of these other third-party websites, the accuracy of the information on these websites or the quality of products or services provided by the organizations that maintain them.

You may not create a link from another website or any other Internet location to the Site without prior written consent from Calvert. Deep linking to internal pages of the Site is expressly prohibited.

6. Registered Users; Eligibility; Use of Password

A user is eligible to become a registered user of the Site if the user (i) is a U.S. resident over the age of 16 years old and (ii) agrees to abide by the terms of this Agreement and Calvert's Privacy Policy. By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of the foregoing requirements, you must not access or use the Site.

Registered users will receive an account and password. You are responsible for maintaining the confidentiality of your account and password. You are fully responsible for all activities that occur using your account or password. Please notify Calvert immediately of any unauthorized use of your account or password or any other breach of security. Calvert will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You must not use anyone else's password at any time.

7. Dwolla

In order to use the bank account linking functionality that is part of Calvert's investment platform, you must open an "Access API" account provided by our payment partner Dwolla, Inc. ("Dwolla"), and by opening such account you are deemed to have accepted the Dwolla Terms of Service and Privacy Policy. Any funds held in your Dwolla account are held by Dwolla's financial institutional partners as described in the Dwolla Terms of Service. You hereby authorize Calvert to share your identity and account data with Dwolla for the purposes of opening and supporting your Dwolla account, and you are responsible for the accuracy and completeness of that data. Your Dwolla account will be accessed using Calvert's web application. Calvert's web application is subject to Calvert's Terms of Service and Privacy Policy, and all notifications will be sent by Calvert, not Dwolla. If you have any questions about Calvert's investment platform or Dwolla, please contact us at info@calvertimpactcapital.org.

8. Assumption of Risk

You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. Although Calvert has endeavored to create a secure and reliable Site, the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, Calvert is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. Calvert shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using this Site.

9. Events beyond Calvert's Control

You expressly absolve and release Calvert, its affiliates, related companies, and all of their respective officers, directors, employees, shareholders, legal representatives, attorneys, agents, successors and assigns, from any claim of harm resulting from a cause beyond its control including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or software failures, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.

10. Indemnity

You agree to indemnify and hold harmless Calvert, its affiliates, related companies, and all of their respective officers, directors, employees, shareholders, legal representatives, attorneys, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys' and professionals' fees and court costs) arising out of any third-party claims based on or related to your use of this Site or any breach by you of these Terms of Use.

11. Suspension, Termination

Calvert reserves the right at any time and for any reason to deny you access to the Site or any portion thereof, and/or to terminate this Agreement.

12. Waiver; Severability

Failure to insist on strict performance of any of the provisions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Calvert of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any provision of this Agreement is held unlawful, void or unenforceable for any reason by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Calvert regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

13. Reliance on Information Posted

The information presented on or through the Site 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 Site, or by anyone who may be informed of any of its contents.

This Site 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 Calvert, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Calvert.

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.

14. Geographic Restrictions

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

15. Governing Law and Forum

This Agreement shall be governed by the laws of Maryland, without regard to conflicts of law rules, and the exclusive jurisdiction and venue for any dispute shall be Maryland. You agree to submit to the jurisdiction of the state and federal courts in Maryland for the purposes of any judicial proceedings relating to or arising from this Agreement.