Effective date: July 1, 2018

Terms of Use

By accessing your Community Capital Technology account and using in connection therewith Community Capital Technology Inc.’s ("CCT’s") software application and services and functionality contained therein (the "Service") via the online portal located on CCT's website at http://www.communityct.com or on any other URL that CCT may use from time to time and allows you to access (the "Site"), you agree to be bound by the terms and conditions of this Terms of Use Agreement (the "Terms of Use"). Nothing in this Terms of Use is intended to modify or amend any other written agreement if any, that may currently be in effect between you and CCT with regard to matters other than your use of the Service. If you do not agree to the terms of this Terms of Use, do not use the Service.

Acceptance of the Terms of Use.

This Service is owned by CCT. This Terms of Use may be updated or modified by us from time to time without notice to you. We may restrict the use and availability of any portion of this Service at any time, without notice or liability. You can review the most current version of the Terms of Use at any time by clicking on the Terms of Use link at the bottom of each page within on the Site.

Access to the Service.

CCT is providing you with the information and functionality in the Service. You are responsible for providing all equipment necessary to establish a connection to the internet and any connection and service fees associated with such access. User Obligations. In consideration of your use of the Service, you agree to provide true, accurate, current and complete information about yourself as prompted and you further agree that you will not use the Service for any purpose that is unlawful or prohibited by the Terms of Use. If you provide any information that is untrue, inaccurate, not current or incomplete, or if CCT has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CCT has the right to refuse any and all current or future use of the Service (or any portion thereof).

User Restrictions

Except as otherwise stated in this Terms of Use or as expressly authorized by CCT in writing, you may not (or enable others to): Reverse engineer, decompile, disassemble, modify, duplicate, copy, screen capture, distribute, forward, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, rent, lease, transfer, sell, resell or exploit any portion of this Service, use of the Service, or access to the Service, including, without limitation, any reports, data, information, content, text, graphics, audio clips, video clips, logos, buttons, images, digital downloads, data compilations, icons, html code and xml code, software, products, services or other materials, on, generated by, accessible through, or obtained from this Service, or used or provided in connection with any services or products offered through this Service, whether through links or otherwise (collectively, "Materials"); Probe, scan, or test the vulnerability of the Service or any Materials, services, systems, networks, servers, or accounts related to this Service or attempt to gain unauthorized access to Materials, services, systems, networks, servers, or accounts connected or associated with this Service through hacking, password or data mining, or any other means of circumventing any access-limiting, user authentication or security device of any Materials, services, systems, networks, servers, or accounts related to this Service; Engage in any conduct that could damage, disable, or overburden (i) this Service, (ii) any Materials or services provided through this Service, or (iii) any systems, networks, servers, or accounts related to this Service, including without limitation, using devices or software that provide repeated automated access to this Service, other than those made generally available by CCT; Modify, copy, obscure, remove, or display CCT's name, logo, trademarks, text, notices, or images.

Account and Password Security

CCT has allowed you, in order to access the Service, to select a password and account designation upon completing a registration process for an online service provided through the Service, including without limitation the CCT Service. You are responsible for maintaining the confidentiality of your passwords, logins, security questions and answers and accounts, and are fully responsible for all activities that occur under your passwords, logins, security questions and answers and accounts. You agree to (i) immediately notify CCT of any unauthorized use of your password or account or any breach of security and (ii) ensure that you fully exit from your account at the end of each session. You agree to use this Service to access only those accounts on which you are authorized to act, and you agree to use your own user names, logins, passwords, and security questions and answers when accessing accounts on which you are authorized to act. You agree not to obtain or attempt to obtain unauthorized access to the Service, or to any other protected Materials or information, through any means not intentionally made available to you by CCT. CCT cannot and will not be liable for any loss or damage arising from your failure to comply with this provision. Products and services provided to you through this Service may involve the electronic transmission, including via any email address you provide to us, of information that you may consider to be personally identifiable information or promotional and marketing materials, and you consent to such transmission.

Limited Liability for Unauthorized Account Information Access

CCT agrees to use technology generally used in the trade to prevent unauthorized 3rd party access to its systems storing Account Information, and available encryption technology generally used in the trade to prevent unauthorized 3rd party access to Account Information transmissions. Notwithstanding the foregoing, CCT shall not be liable to you in the event that (A) its use of technology generally used in the trade fails to prevent unauthorized third party access to Account Information, or (B) its use of encryption technology generally used in the trade fails to prevent unauthorized third party access to Account Information transmissions. Nothing in this section shall constitute a representation or warranty by CCT that Account Information storage or transmission will be inaccessible to unauthorized third parties.

Limits on Liability

Community Capital Technology Inc. will not be liable for: The contents of any communication, message, or information posted by you or other third parties; Any information, data, or other material you upload or have uploaded or otherwise provide or have provided to your account offered through the Service, including without limitation, any content, information, data or other material uploaded or otherwise provided to your CCT account via the Service ("Account Information"); The content of any website not controlled, owned, or operated by CCT that is accessed from or linked to the Service; The content, services or information provided by any website purporting to be operated by CCT or its affiliates, but not actually affiliated with, controlled, owned, or operated by CCT; Any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure; and, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR DAMAGES CAUSED BY THEFT, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, OR COMMUNICATIONS LINE FAILURE, OR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, CAUSED BY THE USE OF OR INABILITY TO USE THIS SERVICE, MATERIALS OR ANY PRODUCTS OR SERVICES PROVIDED HEREIN, OR ANY OTHER MATTER RELATING TO THIS SERVICE, EVEN IF CCT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT A JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, THE LIABILITY OF COMMUNITY CAPITAL TECHNOLOGY INC. AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD PARTY INFORMATION PROVIDERS AND VENDORS IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH JURISDICTIONS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THE TERMS OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

Consent

The information on the Site and/or provided through the Service is not intended to provide any advice or opinions, including, without limitation, any specific financial, tax, legal or accounting advice or opinions. Material on the Site and/or provided through the Service is for information purposes only. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all statements, services, and other information provided through the Service. CCT does not endorse or represent the reliability, accuracy or quality of any information, goods, services or products displayed or advertised on the Service. We make no representations or warranties, express or implied, with respect to the information provided on the Service.

Links to Third Party Services

The Services may include from time to time links to third party websites and resources. The material and links to any third-party websites and resources that may be included on the Service are provided for informational purposes only. Providing links to these Services by us should not be interpreted as endorsement or approval by CCT of the organizations sponsoring these Services or their products or services. We make no representations or warranties, express or implied, with respect to the information provided on the Service or any third-party website which may be accessed by a link from the Service, including any representations or warranties as to accuracy or completeness. Because CCT has no control over third-party websites and resources, you acknowledge and agree that CCT is not responsible for the information and contents of such third-party websites and does not endorse and is not responsible or liable for any content, statements, representations, advertising, products, services or other materials on or available from such Services or resources. You further acknowledge and agree that CCT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such Service or resource.

Proprietary Rights

You acknowledge and agree that the Service and all Materials and content contained in the Service or information presented to you through the Service (other than Account Information) are either owned by CCT or other third parties and may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by CCT or their affiliates, you agree not to modify, distribute, copy, reproduce or create derivative works based on the proprietary portions of the Service, in whole or in part. Those portions of the Service owned by CCT are the copyright of CCT. All rights reserved.

Indemnification

You agree to indemnify and hold CCT, its subsidiaries and affiliates, and each of its and their directors, officers, employees, agents, co-branders or other partners harmless from and against any and all claims, demands, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of your access to or use of the Service or any services accessed or used via the Service, your connection to the Service, your violation of the Terms of Use or your infringement of any intellectual property or other right of any other person or entity.

Termination

You agree that CCT, in our sole discretion and with or without notice, may terminate your use of the Service (or any part thereof) for any reason, including, without limitation, if CCT believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. CCT may also in our sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of the Terms of Use may be effected without prior notice, and acknowledge and agree that CCT may immediately bar any further access to the Service. Further, you agree that CCT shall not be liable to you or any third party for any termination of your access to the Service.

Privacy

CCT recognizes that you may have entrusted us with certain loan-related and personal contact data in connection with the Service, and that you expect us to act responsibly and maintain high standards in their confidentiality, safekeeping and use. The terms and conditions of CCT’s Privacy Policy with respect to your information are located at http://www.communityct.com and are incorporated herein by reference. In the event of a conflict between the terms of this Terms of Use and those in the Privacy Policy, the terms of the Privacy Policy shall govern.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, ANY SERVICES ACCESSED OR PROVIDED THEREIN, AND INFORMATION AND MATERIAL IN THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE SERVICE AND INFORMATION AND MATERIAL IN THE SERVICE, CCT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CCT MAKES NO WARRANTY THAT (i) THE SERVICE AND INFORMATION, SERVICES AND MATERIAL THEREIN WILL MEET YOUR REQUIREMENTS, (ii) THE FUNCTIONS CONTAINED IN, OR THE SERVICES ACCESSED THROUGH, THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE SERVICES, INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (iv) ANY ERRORS IN THE SERVICE OR THE SERVICES, INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED, AND (v) THE SERVICE, SERVICES CONTAINED OR ACCESSED THEREIN AND ITS CONTENTS AND SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CCT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN ADDITION TO THE LIMITATIONS OTHERWISE SET FORTH IN THESE TERMS OF USE, AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT IN THE EVENT OF ANY CLAIM OR CAUSE OF ACTION BY YOU ARISING OUT OF OR CONNECTED WITH THESE TERMS OF USE, CCT'S MAXIMUM LIABILITY TO YOU, REGARDLESS OF THE AMOUNT OF LOSS YOU MAY HAVE SUFFERED, SHALL NOT EXCEED THE FEES PAID BY YOU, IF ANY, FOR USE OF THE SERVICE.

Governing Law

The Terms of Use and the relationship between you and CCT shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of laws analysis.

Waiver

CCT's failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by CCT in writing.

Severability

If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and, notwithstanding such finding, all other provisions of the Terms of Use shall remain in full force and effect.

Time Limitation

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms of Use or use of the Service must be filed within one year after such claim or cause of action arose or be forever barred.

Headings

The section headings and sub-headings contained in the Terms of Use are for convenience only and have no legal or contractual effect.

Support

If you have any questions or concerns about the Service, the Terms of Use or the Privacy Policy, please contact Community Capital Technology at support@communityct.com. Force Majeure. CCT is not liable for any Force Majeure Event. If any Force Majeure Event occurs or is likely to occur, CCT will promptly notify you, giving particulars of the event, and will use reasonable efforts to eliminate or remedy the event and resume performance. "Force Majeure Event" means any event beyond the reasonable control of CCT including without limitation fire, storm, weather, earthquake, explosion, casualty, strike, war, riot, civil disturbance, act of God, acts or omission of any third party, any state or national law, decree or ordinance, or any executive or judicial order, which event causes CCT to delay or fail to perform under these Terms of Use.

Entire Agreement

These Terms of Use constitutes the final, complete, and exclusive statement of the agreement between the parties pertaining to these Terms of Use subject matter and supersedes all prior and contemporaneous understandings or agreements of the parties.