Skip to content

Terms of Use

Community Initiatives (“CI,” “we”, “us”, “our”) is a fiscal sponsor of projects that engage in charitable and/or educational activities (the “Projects”). Projects operate under Community Initiatives oversight and benefit from our tax-exempt status. We take on all legal and fiduciary responsibilities for the Projects. You can learn more about what fiscal sponsorship is here.

We value and appreciate your interest in our mission and interest in us as a fiscal sponsor.  However, the use of any and all of the Sites owned or operated by the Community Initiatives, along with all goods and services offered through those Sites (collectively referred to as the “Services”) are subject to the rules of our Terms of Use (“Terms” or “Agreement”). Be aware that our Projects may have their own terms of service which may apply to any interaction you may have with a given Project.

The following Terms represent a binding contract. Make sure to carefully review them before using the Services provided by us.  Your access to our Services is governed by these Terms.  This is a binding agreement. By using the Internet sites located at www.communityinitiatives.org (the “Site”, “Sites”, “Website”, or “Websites”) or any of our other Services, you agree to abide by these Terms of Use, as they may be amended by us from time to time in our sole discretion and any posted guidelines or rules applicable to the Services (unless you offer different terms which are accepted in writing by CI). If you are a third party accessing the Services on behalf of a client, customer, or other entity, you agree you have the authority to agree to these Terms on the behalf of that client, customer, or other entity. Where a Project has entered a signed written agreement with CI, the terms of that signed written agreement shall take precedence over these terms in case of a conflict.

In addition, when you use any current or future version of this Site or any other Service, you also will be subject to the terms and conditions of this Agreement, as well as any additional terms of that Service. Please print a copy of this Agreement for your records.

PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW IN THE ARBITRATION SECTION CAREFULLY. THIS ARBITRATION AGREEMENT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH CI ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

We should discuss your preferred approach to arbitration, we have defaulted to more protective options.

While we may notify you of changes to these Terms of Use, it is your responsibility to read any notices we send, and to review these Terms of Use periodically, as written here. If at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Services and the Site.  Use of our services is also governed by our Privacy Policy, which you should review in full.

We should discuss your preferred approach to arbitration, we have defaulted to more protective options.

1. Definitions.

  1. Users. Anybody who uses our Services is considered a User for purposes of the Services.
  2. Project Users are Users who are part of a Project.
  3. Content. All information and data not created by Users, including but not limited to visual and/or audio content, written posts and comments, software, or scripts generated, provided or otherwise made accessible on or through the Services.

2. Eligibility.

  1. Geographic Scope.  CI is located in the United States, and the Services  contemplate use by domestic users and residents of the European Union / EEA.  The Services are not designed for, and may not be suitable for use outside those geographic areas. You understand it is your responsibility to comply with your local laws, as discussed below. Some Projects of CI may have a global scope or otherwise have a scope beyond the U.S. and EU/EEA, please see the terms of service of specific Projects for details regarding use of Project specific websites, goods, or services.
  2. Age Requirement. You agree that by using the Services you represent that you are at least 18 years old and that you are legally able to enter into this agreement.  If you are under 18 or otherwise legally unable to enter into this agreement, you may not use the Services without written approval of parent or guardian. We only provide direct services to adults, ages 18 years and older, who can use them in compliance with these Terms. Some of our Projects may provide services to those under 18 years of age, and such Projects’ specific terms will apply in those instances.
  3. Eligibility Subject to Change. We may change these eligibility criteria at any time. We may also refuse to offer the Services to anyone for any or no reason.
  4. Compliance with Local Laws. It is your responsibility to ensure that your use of our service under these Terms complies with all applicable laws, rules and regulations (collectively “Laws”).  If at any time your use of all or any part of the Services conflicts with any Laws, your right to use the Services is revoked.

3. Your Information.

CI respects your privacy and your personal information. You may review our Privacy Policy, which is incorporated herein by reference. We comply with all applicable privacy law requirements. By using the Services, you agree you have read and understand our Privacy Policy.

4. The Property Rights of CI.

  1. Proprietary Content. Our Content is either the property of CI or our suppliers or licensors. We also maintain ownership of any and all anonymized data relating to any use of the Services and can use it for any purpose. The Content is protected by copyrights, patents, trademarks, service marks, trade secrets, and/or other rights and laws.  You agree to maintain all copyright notices, information and restrictions contained in any Content that you access through the Services.
  2. Trademarks. Some Content consists of trademarks or registered trademarks of CI in the United States and other countries, and all rights are reserved. All rights in any product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all CI or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to CI or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on this Site confers on you any license or right under any patent or trademark of CI or any third party.
  3. Copyright. All copyright rights in our Content, including but not limited to text, images, photographs, graphics, user interface, and other content provided on the Site, and the selection, coordination, and arrangement of such content, are owned by CI or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Site for any purposes not expressly allowed in these Terms. Nothing stated or implied on the Site confers on you any license or right under any copyright of CI or any third party. The Site and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein or by applicable law, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of this Site, or use the contents of this Site in litigation, or for any commercial or promotional purposes, without the express written consent of CI or its lawful successors and assigns. For usage permission, contact us.
  4. Licensed Exclusively for Use of Services. While you follow these Terms, we grant you a worldwide, revocable, non-exclusive, non-transferable and non-sublicensable license to use (i.e., to download and display on your local device) the Sites for the sole purposes of using CI Services. This license does not include any resale or commercial use of this Site or its contents; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
  5. Prior Written Permission Required. You agree not to use, reproduce, modify, distribute or store any Content for purposes other than using our Services without our prior written permission.
  6. No Unauthorized Use of Content. You agree not to sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates our rights or any third party right. CI neither grants, nor implies, nor gives consent in any way to make unauthorized use of any intellectual property or other property of CI, our suppliers, or our licensors.  You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CI or our affiliates without express written consent. You may not use meta tags or any other hidden text using CI’s name or trademarks without the express written consent of CI. You may not make any part of this Site available as part of another service by “deep linking” or otherwise, or create any links to this website, and, in particular, you may not use CI logo or any other proprietary graphic or trademark as part of any “hot” link or hyperlink to this website, without the express prior written permission of CI. Any unauthorized use terminates the permission or license granted by CI.

5. Permissible Use.

  1. Lawful and Compliant Use. As a condition of using the Services, you agree to use the Services only for lawful purposes and to comply with these Terms and all applicable Laws. CI intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable Laws.
  2. Compliance With Intellectual Property Laws. When accessing the Site or using the Services, you agree to obey the Law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to Laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content in violation of any User or third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by Laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant Laws and for any infringements of third party rights caused by any Content you provide or transmit.
  3. Restrictions on Use of CI Services. You agree to only use any of CI Services for your own personal use and not to sell, rent, transfer, or share your account or any Content obtained from your use of our Services to or with anyone else.
  4. Violating CI’s Security. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation,
    1. accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
    2. attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
    3. interfering or attempting to interfere with service to any User, user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
    4. using the Site or Service to send unsolicited email, including, without limitation, promotions, or advertisements for products or services;
    5. forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or
    6. attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
    7. using any automated program, tool or process to access our Services, including without limitation “web crawlers,” “robots,” “bots,” “spiders,” and automated scripts for any reason, including to “extract” or “scrape” Content.
    8. acting in contravention to any local laws regarding the violation of security of computer systems.
Breaches of this Permissible Use Section may lead to your access to our Services being suspended or terminated as set out in these Terms of Use.

6. You Consent to Receive Electronic Communications.

  1. Notifications Including SMS/MMS Notifications. CI, our Projects or our Service Providers, may send you notifications, notices, or links, via your email, phone, text messages, messages to your account, or via your mobile device.  By using the Services, or the Services of our Projects, you agree to receive these notifications. The types of notifications you may receive include, but are not limited to, changes to these Terms, invoices or records of payment, marketing communications or solicitation for donations, and any number of other communications related to our Services.  Any notification is considered “in writing,” regardless of whether it is in a paper format, a digital format, or some other format.
    1. Opt-In for SMS and MMS Messages. Where our Projects have SMS and/or MMS messaging programs, you may opt in to receiving automated recurring SMS and MMS messages from those Projects pursuant to the SMS terms provided by that Project. The details of the messaging content, message data rates, messaging frequency, how to cancel or opt-out of SMS and MMS messaging, how to get help regarding SMS messaging, and a list of participating carriers will be similarly available in the terms outlined by the relevant Project offering the SMS and/or MMS messaging services. Privacy Policy. SMS and MMS notifications are further governed by our Privacy Policy.
  2. Notification Procedures. Anything sent to you is considered received immediately if sent to you by electronic notification without any indication of failed communication. An electronic notification is sent at the time it is directed by BCS to your email address or other means of receiving electronic notifications. You agree these are reasonable procedures for sending and receiving electronic notifications.
  3. Paper Notifications. We reserve the right, but are under no obligation, to send notifications in a paper format.
  4. Withdrawing Consent to Notifications. To withdraw consent for SMS and MMS messages specifically, text STOP per the SMS/MMS terms of the individual Project at any time, or contact us at CI at any time.

7. Links to Third Party Sites.

  1. Links to Outside Sites. You will find links to third party websites, services or resources, unrelated to CI or our Projects, as you use our Services. CI has no control over, and no liability for any third-party websites or materials. CI works with a number of partners and affiliates whose websites may be linked with the Site. Because neither CI nor the Site has control over the content and performance of these partner and affiliate sites, CI makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and CI assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that CI makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content, and that, unless expressly provided otherwise, such as with another site’s own Terms of Use, these Terms of Use shall govern your use of any and all third-party content.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CI IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
  2. No Endorsement. The inclusion of a link to any other site on any CI Service does not necessarily mean or imply that we endorse or are associated with that site or its operator.  For clarity, we are necessarily associated with our Projects’ sites and operators.

8. Warranty Disclaimer.

  1. No Special Relationship or Fiduciary Duty. CI has absolutely no special relationship or fiduciary duty to you by virtue of your use of the Services.  By using CI Services, you release us from any and all liability for any release of your information pursuant to our terms.  This includes, but is not limited to, releasing information, pursuant to our (1) receipt from you, or what appears to be you, of any instructions or permissions authorizing such release to any other person, including without limitation any party you have granted access to or (2) compliance with any Laws. The foregoing does not supersede written agreements with Project Users.
  2. Security Measures. CI makes use of commercially reasonable security measures.  These include, but not are limited to, administrative, physical, and technical safeguards (passwords, encryption, etc.) to protect the security and confidentiality of your personal and financial information.
  3. Network/Internet Access and Devices. You are solely responsible for obtaining the data network access necessary to use the Services, whether via a mobile device or other means. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services, related software, and any updates thereto. CI does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. These include, but are not limited to, loss of service due to lack of network access or non-compatible hardware.
  4. Services Provided As Is – NO WARRANTY.  Even with these strong security measures, there can be no absolute guarantee of security. CI HEREBY DISCLAIMS ALL WARRANTIES. THE SERVICES AND SITE ARE PROVIDED BY CI ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CI MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THIS SITE. FOR INSTANCE, WE DO NOT WARRANT THAT: (1) THAT THE INFORMATION PROVIDED THROUGH THE SITE OR SERVICES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (2) THAT THE SITE OR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (3) THAT DEFECTS OR ERRORS IN THE SERVICE(S) WILL BE CORRECTED; (4) THAT THE CONTENT ON THE SITE OR SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (5) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW FOR THESE CHANGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND/OR THE SERVICES IS AT YOUR SOLE RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES.

9. Indemnification.

  1. Indemnification.  You agree to indemnify CI for certain acts and omissions of yours. You agree to indemnify, defend, and hold harmless CI, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement of any intellectual property or other right of any person or entity through the use of the Services. CI will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
  2. Right to Assume Exclusive Defense. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with us in asserting any available defenses.

10. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CI, OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE TO YOU, YOUR HEIRS, SUCCESSORS OR YOUR ESTATE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THIS SITE OR ANY LINKED SITES OR SERVICES IN ANY MANNER NOT EXPRESSLY PERMITTED HEREIN, YOUR PURCHASE OR USE OF ANY SERVICES FROM US, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, BY YOUR RELIANCE ON ANY MATERIALS OR SERVICE OBTAINED THROUGH OUR SITE, SERVICES OR A THIRD-PARTY SITE OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE COMPLETENESS, ACCURACY OR USEFULNESS OF CONTENT AVAILABLE THROUGH THE SITE, SERVICES OR OBTAINED THROUGH A THIRD-PARTY SITE.  PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC CONTENT, OR ANY OF YOUR LEGAL OBLIGATIONS WHICH MIGHT ARISE IN CONNECTION TO THE SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY FROM WHICH THE DAMAGES ARISE.
  1. Specific Situations Where Liability Limited. Below is an illustrative list of situations where our liability is limited.  PLEASE REVIEW THIS LIST.  WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COMPENSATORY, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO, BUT NOT LIMITED TO:
    1. THE USE OR THE INABILITY TO USE THE SERVICES, CONTENT, MATERIALS AND FUNCTIONS PROVIDED BY CI,
    2. UNAUTHORIZED ACCESS TO YOUR INFORMATION, DATA, TRANSMISSIONS, CONTENT OR OTHER INFORMATION,
    3. LOSS, CORRUPTION OR ALTERATION OF YOUR INFORMATION, DATA, TRANSMISSIONS, CONTENT OR OTHER INFORMATION,
    4. ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR SOFTWARE, REGARDLESS OF THE SOURCE OF ORIGINATION
    5. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING OUR SERVICES,
    6. CI’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR INFORMATION AND ANY RELATED CHANGES OR NOTICES,
    7. YOUR FAILURE TO MAINTAIN CONFIDENTIALITY OF YOUR INFORMATION OR ANY PASSWORDS OR ACCESS RIGHTS TO YOUR INFORMATION,
    8. THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING THE SERVICES OR
    9. ANY OTHER MATTER RELATING TO THE SERVICES, INCLUDING TANGIBLE AND INTANGIBLE LOSSES, EVEN IF CI OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  2. Liability Limited in Amount. IF ANY LIABILITY DOES EXIST UNDER LOCAL LAW, CI’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO US$500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
  3. State Law. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN WHICH CASE SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

11. Remedies of Users.

  1. Remedy Available. The sole and exclusive remedy for any failure or non-performance of any CI Services, and/or anything supplied in connection with a Service, shall be for CI to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable Service.
  2. Time Limit on Actions Against CI. BY USING THESE SERVICES, YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO (1) USE OF THE SITES OR SERVICES OR (2) THESE TERMS OF USE MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

12. Arbitration, Applicable Law, Choice of Venue, Jurisdiction, and Fee-Shifting.

  1. Arbitration, Individual Arbitration and Acknowledgments. Any controversy or claim arising under, out of, or in relation to these Terms or the use of CI’s Services, or any breach or asserted breach thereof, shall be settled by binding arbitration in Alameda County, California, with a preference for remote arbitration where practicable, subject to the conditions and exclusions of this section.

    You hereby acknowledge and agree that you and CI are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and CI otherwise agree in writing, any arbitration will be conducted in English by and in accordance with the rules and procedures of JAMS, as modified by this section. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party.

    Unless otherwise agreed by the parties, the arbitration panel shall consist of one arbitrator chosen in accordance with the rules of JAMS.  Any such arbitrator shall be knowledgeable in the subject area in which the dispute arises.  All discovery shall be completed within sixty (60) days following the appointment of the arbitrator.  Each party shall be entitled to representation by counsel, to appear and present written and oral evidence and argument and to cross-examine witnesses presented by the other party, provided that, where appropriate, the arbitrator may receive testimony via telephone, video or other electronic means of communication.  The arbitration award shall be in writing.  The award of the arbitrator shall be final and binding on the parties hereto and may be enforced in any court of competent jurisdiction. The parties waive any right they may have to an appeal of the arbitrator’s decision and/or award.  The prevailing party in any action or proceeding to enforce its rights under these Terms or related to the Services shall be entitled to recover reasonable attorneys’ fees and other reasonable costs, including fees of the arbitrator and the JAMS, incurred in the action or proceedings. In no event shall the arbitrator award punitive or exemplary damages. The parties waive any right they may have to an appeal of the arbitrator’s decision and/or award.  Each party retains the right to seek judicial assistance: (i) to compel arbitration, (ii) to obtain interim measures of protection prior to or pending arbitration, (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information; (iv) for any claims of infringement or misappropriation of patent, copyright, trademark, or trade secrets; and (v) to enforce any decision of the arbitrator, including the final award.
  2. Applicable Law. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to rules regarding conflicts of law.
  3. Exclusions. You hereby acknowledge the following exclusions to these terms regarding arbitration.
    1. You and CI both retain the right to bring an individual action in small claims court
    2. You and CI both retain the right to seek equitable relief in a court, chosen in compliance with these Terms, solely to prevent the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights, including but not limited to copyrights, trademarks, trade secrets, and patents.
  4. Admissibility. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
  5. Jurisdiction and Choice of Venue. You acknowledge that all claims or controversy shall be settled by arbitration according to this Section. However, you additionally hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts located in the Northern District of California, in all disputes arising out of or related to the use of the Site or Service, that, for any reason, are not arbitrated.

13. Modifying the Terms and the Service.

  1. Modifying Terms. CI reserves the right to, at any time and for any reason or without reason, revise these Terms of Use.  It is your responsibility to review the Terms of Use for changes with some regularity. Your continued use of the Services following notification of any changes to these Terms constitutes acceptance of those changes.
  2. Modifying the Service.  CI reserves the right to, at any time and for any reason or without reason, change, suspend or discontinue the Services. Before we do this we will notify you by replacing these Terms on the Site and may additionally notify you by sending you a notice through email you provide to us.  It is your responsibility to check these Terms periodically for changes, and to keep your email address current.
  3. Limiting the Service. CI reserves the right to, at any time and for any reason or without reason, impose limits on some Services or restrict your access to the Services without notice or liability.
  4. If You Don’t Agree to Terms Changes, You Must Terminate Use of the Services. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision. If at any point, you disagree with a change to the Terms or Services on the part of CI, please cease use of CI Services.  You may not continue to use the Services without agreeing to these Terms.

14. Entire Agreement.

These Terms, and the terms of policies and agreements incorporated by reference (through names of documents and web links) are the whole and complete agreement between you and CI.  No other agreements shall govern use of CI Services.  These Terms supersede any prior or conflicting agreements or policies.

15. Headings Not Binding.

The headings to each section of these terms are not legally binding, nor do they have any effect on the proper interpretation of these Terms.  They are exclusively to aid in ease of use. THEY SHOULD NOT BE READ IN LIEU OF READING THE FULL TERMS.

16. Force Majeure.

Where CI fails to perform our obligations under these Terms, we are not liable where such failure results from any cause beyond our reasonable control.  Such situations include but are not limited to: acts of god, global pandemics, or mechanical, electronic or communications failure or degradation.

17. Waiver.

  1. Failure to Exercise a Right Not a Waiver. Even if CI, or any of our employees, representatives, or other affiliates fail to exercise any right or provision of these Terms, this failure does not waive our right to later enforce any part of these Terms.
  2. Waiver Does Not Imply Future Waiver. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof.
  3. Requirements of a Waiver. In order for any waiver of compliance with these Terms to be effective, it must be made in writing and signed by an authorized representative of the waiving party.

18. Severability.

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, in that jurisdiction, to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and fully enforceable.

19. Assignment.

  1. Assignability of Terms Rights by You. These Terms are exclusive and personal to you. You may not assign, transfer or sublicense any of your rights or obligations under these Terms without the express, signed prior written consent of an authorized CI representative.
  2. CI Rights Assignable. We may assign, transfer or delegate any of our rights and obligations under these Terms without consent.

20. No Relationship.

No agency, partnership, joint venture or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.

21. Termination.

  1. Termination of Use. CI reserves the right to terminate your use of the Service and/or the Site with or without cause, with or without notice to you, and without liability to you. CI reserves the right to terminate your access to the Site or other Services immediately, with or without cause, with or without notice to you, and without liability to you.  Causes for termination include but are not limited to if we believe that you have violated any of the Terms of Use, furnished us with false or misleading information, or interfered with use of the Site or the Service by others.
  2. Terms Surviving Cancellation. There are many provisions within these Terms which by their nature should extend past your cancellation or our termination of Services.  All such terms shall survive cancellation or termination.  These terms include but are not limited to: (1) ownership provisions, (2) warranty disclaimers, (3) indemnity; (4) dispute resolution; and (5) limitation of liability.

22. Notices.

  1. In Writing. Unless otherwise specified in another section of these Terms, all notices under these Terms will be in writing as defined in these Terms.
  2. Notice Duly Given by CI. Notice by us to you will be considered to have been duly given at the time when (1) transmitted by email with no indication of failed transmission; (2) received, if personally delivered or sent by certified or registered mail, return receipt requested; (3) the day after it is sent, if sent for next day delivery or recognized overnight delivery service; or (4) transmitted electronically through the Services to you, such as through a messaging or alert feature.
  3. Notice Duly Given to CI.  Notice by you to us will be considered to have been duly given at the time when it is received, if personally delivered or sent by certified or registered mail, return receipt requested.
  4. Online Contact Info. You may contact us online via info@communityinitiatives.org.

23. ACKNOWLEDGEMENT.

BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

24. Rights Reserved.

All rights not expressly granted herein are hereby reserved.

25. Contact Address:

You may contact us at the following address:

Northern California

Main Office

1000 Broadway, Suite #480

Oakland, CA 94607


(415) 230-7700  
Southern California

445 South Figueroa St.

Suite 2230

Los Angeles, CA 90071


(213) 647-0115
 

LAST UPDATE / EFFECTIVE DATE: October 26, 2026