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Terms and Conditions

TERMS & CONDITIONS

Web Based Services, Access and Use Terms and Conditions

GENERAL TERMS

This Web-Based Services, Access, and Use Terms and Conditions (this “Agreement”) states the terms and conditions for use of the Foursquare Financial Solutions (“FFS”) website and online services at www.4sqfs.org (the FFS Website). Please read this entire Agreement. These terms and conditions are in addition to other agreements, terms and conditions that apply to any FFS investments, loans, or any other FFS services.

Definitions

As used in this Agreement, the following terms have the following meanings. “Investment” and “investments” mean investments in FFS certificates as further described in its Offering Circular in which you are either the investor, owner, joint investor, or joint owner. “Loan” and “loans” mean dollars borrowed by a “qualified ministry” as further described in the FFS Offering Circular of which you are either an officer or agent. “You,” “your,” and “yours” mean the person(s) using the FFS Website. “We,” “our,” us,” and “FFS” refer to Foursquare Financial Solutions.

What this Agreement Covers

The FFS Website may permit authorized users to access certain services offered by FFS and conduct certain transactions via links accessed through the FFS Website. This Agreement, between you and FFS, governs the use of the FFS Website, services provided by the FFS Website, and transactions initiated, processed, viewed, or proposed through the use of the FFS website.

Voluntary Use

Your use of the FFS Website is strictly voluntary. By using the FFS Website, including any service or transaction provided by or through the FFS Website, you agree to the terms and conditions set forth in this Agreement.

Online Acceptance

You agree to accept this Agreement online rather than a paper version of this Agreement. We recommend that you print the entire Agreement and all referenced disclosures for your records. If you are unable to print this, please request a paper version of this Agreement to be mailed to you.

Notices and Communications

By using or requesting access to the FFS online tools at the FFS Website, you agree that any communication from FFS to you regarding the service(s) and transaction(s) initiated by or through the FFS online tools may be delivered to you in electronic form and that such electronic communication (e-mail) shall be in lieu of written communication.

Electronic Mail (E-Mail)

Do not rely on e-mail if you need to communicate with FFS immediately. Please contact a FFS Customer Service Representative at 1.855.807.8504, Monday through Friday (excluding Federal Reserve and ICFG observed holidays), 6:00 a.m. to 5:00 p.m., PT.

When you e-mail FFS using a personal e-mail account provided by an outside Internet provider, remember that e-mail transmissions through general or public e-mail are not secure. Do not send or request sensitive FFS investment information such as account numbers or financial information via any general or public e-mail system.

Username and Password

You agree that FFS may send notices and other communication, including any potential username and password confirmations, via e-mail, should that capability be available. You agree to:

  1. Keep any username and password secure and strictly confidential; and
  2. Immediately notify FFS and select a new password if you believe your password has been compromised.

In such case, if you believe that your username and password have been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, immediately notify FFS by calling 1.855.807.8504.

Under no circumstances will a FFS employee request your password via the Internet or other contact. Please do NOT disclose such information to anyone claiming to represent FFS, and immediately notify FFS at 1.855.807.8504 if it is requested by someone claiming to represent FFS.

By using the FFS Website, you acknowledge and agree that this Agreement sets forth security procedures for transactions which are commercially reasonable. FFS will have no liability to you for any unauthorized transaction(s) made using your username and password that occur(s) before you have notified FFS of possible unauthorized use and FFS has had a reasonable opportunity to act on that notice. FFS may suspend or cancel your username and password even without receiving such notice from you if FFS suspects that your username and password has been or are being used in an unauthorized or fraudulent manner.

For security purposes, if your access is not used for a period of 120 days, FFS may, at its discretion deactivate your username and password. To re-establish service, you will need to contact FFS at 1.855.807.8504. You may be requested to provide a written request and verify your identity before a new username and password are issued to you.

Required Equipment

In order to use the FFS Website, you need a computer (in this Agreement, your computer and the related equipment and software are referred to together as your “Computer”) with a web browser (either Netscape Navigator 4.0 or higher, Microsoft Internet Explorer 4.0 or higher), access to the Internet, username, and password. The password is the confidential code number and/or word you use to access certain services provided by FFS, your investment(s), and/or transaction(s) through the FFS Website.

You are responsible for the installation, maintenance, and operation of your Computer, browser, and Internet access. FFS is not responsible for any errors or failures from any malfunction of your Computer, the browser or your Internet provider. FFS is also not responsible for any virus, worms, malware, adware, or related problems that may be associated with the use of an online system.

Appropriate Access and Use

The FFS Website is furnished to you by FFS and is intended for your personal and lawful use in conformity with this Agreement. You shall not access or use the FFS Website or any portion thereof for any purpose other than a lawful and legitimate purpose as intended by FFS. You will take reasonable steps to ensure against the introduction of any virus, worms or other programming routines that may disrupt or interfere with the operation of the FFS Website. You will be responsible for the accuracy and completeness of all materials, data and information you transmit using the FFS Website. If FFS determines, in its sole discretion, that you are using or have used the FFS Website or any portion thereof in a manner inconsistent with this Agreement or in violation of applicable law, FFS shall have the right to take appropriate action without prior notice to you, including, without limitation, (i) limiting, restricting, suspending and/or terminating your access to and use of the FFS Website or any portion thereof and (ii) seeking all remedies against you.

Intellectual Property Rights of FFS

The FFS Website contains information, text, images, and other materials that are or may contain proprietary information owned, controlled, or licensed by or to FFS. The FFS Website is protected by copyright, trademark, and other intellectual property laws. All rights, title, and interests to the FFS Website are exclusively reserved to FFS.

Privacy Policy

Your access and use of the FFS Website is not private or confidential. FFS reserves the right to monitor your access and use of the FFS Website. Your access and use of the FFS Website are also subject to the terms of the FFS Privacy Policy at http://www.4sqfs.org/privacy-policy/, which are incorporated herein by reference.

Security Policy

FFS will take reasonable steps to create and maintain the FFS Website. Difficulties with hardware, software, equipment and services may result in interruption or downtime of the FFS Website or a portion thereof. It is also possible that the FFS Website and its content may be corrupted and unusable due to the presence of “bugs” in software, viruses or other causes beyond our reasonable control.

While we believe it is unlikely that “hackers” or other perpetrators will gain improper access to your investments and investment information through the FFS Website, we cannot make any assurance that such persons will not gain such access or that such persons will not engage in improper conduct with respect to your investments and your investment information if such access is gained.

Your access and use of the FFS Website are also subject to the terms of the FFS Security Policy as stated herein.

Changes to this Agreement

FFS may change this Agreement at any time. FFS will inform you of any changes as and to the extent that applicable law requires. FFS may choose to post the amended Agreement at the FFS Website. Notification of amendments and/or changes also may be delivered by electronic mail. Your continued use of the FFS Website will constitute acceptance of any amendments and changes to this Agreement. Further, FFS may, from time to time, revise or update the program, services, and/or related material(s) rendering such prior versions obsolete. Consequently, FFS reserves the right to terminate this Agreement as to all such prior versions of the FFS programs, services, and/or related material(s) and limit access to FFS’ more recent versions and updates. Notices of such amendments or changes to one joint account owner or customer will be effective for all joint owners.

Disputes and Conflicting Terms

In the event of a dispute regarding the FFS Website, you and FFS agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and FFS with respect to the FFS Website and your use thereof. This Agreement supersedes any proposal or prior agreement, oral or written, and any other communications between you and FFS relating to the subject matter of this Agreement. The terms and conditions in this Agreement shall have priority and take precedence over any existing terms and conditions in existing agreements you have with us with respect to the FFS Website and your use of the FFS Website in the event of a conflict. If there is a conflict between what one of FFS’ employees or other representatives says and the terms of this Agreement, the terms of this Agreement have final control. For purposes of clarification and notwithstanding the foregoing, the terms and conditions applicable to your investment or loan shall be governed by the terms and conditions of your other agreements with FFS with respect thereto, and nothing herein is intended to modify such terms and conditions.

No Waiver

FFS shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by FFS. No delay or omission on the part of FFS in exercising any right or remedy shall operate as a waiver of such right or remedy or any other rights or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

Disclaimers

In no event will FFS, any of its affiliates, or any of their respective directors, officers, employees, agents and other representatives (collectively, “FFS Parties”) be liable to you or other persons for any claim, suit, action, demand, controversy, dispute, liability, loss, expense, costs and/or damage (collectively, “Claim”) that may result from any period of service interruption or downtime suffered by the FFS Website or other event caused by a third party.

IN NO EVENT WILL ANY FFS PARTIES BE LIABLE TO YOU OR ANY PERSON FOR ANY CLAIM, REGARDLESS OF THE NATURE OF THE CLAIM AND EVEN IF A FFS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, FOR DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE AND/OR EXEMPLARY DAMAGE.

Assignment

You may not assign (voluntarily, involuntarily or by operation of law) this Agreement or any portion thereof to any other party. FFS may assign this Agreement to any present or future, directly or indirectly, affiliated company or successor. FFS may also assign or delegate certain of its rights and responsibilities under this Agreement to affiliated companies, successors, independent contractors and/or other third parties.

Severability

If one or more provisions of this Agreement are held to be unenforceable under applicable law, such provision shall be excluded from this Agreement and the balance of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms.

Captions

The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

Governing Law

This Agreement shall be governed by the laws of the State of California without application of rules on conflict of laws.

Cancellation

Any potential services at the FFS Website you elect to use, which require a username and password, remain in effect until terminated by you or FFS. You may cancel your access at any time by notifying FFS in writing via e-mail or by calling 1.855.807.8504. However, your service will remain in effect until FFS has an opportunity to act on your notice. This cancellation applies to your access and use of the FFS Website only and does not terminate your investment or loan accounts with FFS.

Support/Help

FFS Representatives are available via phone, mail, and e-mail Monday through Friday, 6:00 a.m. to 5:00 p.m., Pacific Time (PT), excluding Federal Reserve and ICFG observed holidays). Contact Us

Business Days

For purposes of this Agreement, our business days are Monday through Friday, excluding Federal Reserve Holidays and ICFG observed holidays.

TRANSACTIONS

Performing Transactions

Authorized FFS investment owners and borrowers can use the FFS Website services to:

  1. View account information as available.
  2. Request transfer of funds between eligible accounts at FFS.
  3. Request automated clearinghouse (ACH) transfers to accounts at other financial institutions.
  4. Request ACH transfers to authorized FFS accounts from other financial institutions.
  5. Request other investment services via e-mail.

If an account is jointly held, each holder is jointly and severally obligated under this Agreement. Where applicable, each account signatory accepts this Agreement on behalf of all jointly-held account holders and may act alone to perform transactions or obtain information under this Agreement. FFS is not required to obtain the further consent of any other jointly-held account holder.

How Investment Transactions are Reported

Investors of FFS certificates receive a quarterly account statement in addition to transaction receipts generated on the date of activity. In addition, access to your investment transactions may be available through the FFS website.

Please contact FFS immediately in writing or via e-mail if you change your residence or e-mail address.

Questions or Error Correction on Transactions

Please contact FFS immediately if you believe:

  1. Your statement or transaction record is incorrect.
  2. You need more information about a transaction listed on the statement.
  3. An unauthorized person has discovered your username and password.
  4. Someone has transferred or may transfer money from your account without your permission.

FFS must hear from you no later than 60 days after it sent the FIRST statement on which the problem or error appeared. When you contact FFS, please provide the following information:

  1. Your name, investment name, and number.
  2. The date and dollar amount of the transaction in question.
  3. The name of recipient if the transaction in question is a transfer.
  4. The transaction confirmation number, if available.
  5. A description of the transaction in question.

Please explain as clearly as you can why you believe there is an error or why you need more information. If you tell FFS orally, FFS may require you to send your complaint or question in writing or via e-mail.

FFS will determine whether an error occurred within 10 business days after your initial contact and will correct any error promptly. If FFS requires additional time, however, FFS may take up to 45 days to investigate your complaint or question. If FFS decides to take 45 days to investigate your complaint or question, FFS will credit your account within 10 business days for the amount you think is in error, subject to FFS’ right to recoup such credited amount or portion thereof upon FFS’ completion of its investigation. If FFS asks you to put your complaint or question in writing and FFS does not receive it in 10 business days, FFS may not credit your account.

For errors involving new accounts, or foreign-initiated transactions, FFS may take up to 90 days to investigate your complaint or question. For new accounts, FFS may take up to 20 days to credit your account for the amount you think is in error. FFS will notify you of the results within 3 business days after completing its investigation.

If FFS decides there was no error, FFS will send you a written explanation and you may request copies of certain documents that FFS used in its investigation.

FEES

All fees will be debited from the account for which the service was performed, unless otherwise notified. In addition to early withdrawal or service fees charged by FFS, ACH and wire transfers may be subject to transfer fees from the receiving financial institution.

YOUR LIABILITY

You are liable for all transactions initiated on, by or through the FFS Website with your username and password. If you have given someone else your username and password or other means of access, you also are liable for transactions authorized by that person with your username and password, and even if the person performs transactions you did not intend or want performed.

If your statement shows payments or transfers that you did not authorize, notify FFS by phone immediately.

If FFS completes a payment or transfer and subsequently learns that your account has insufficient funds for the transaction, you agree that FFS may reverse the transaction and/or offset the shortage with funds from any investment or account you have with FFS and you agree to pay FFS for any fees FFS incurs charged by a third-party.

You hereby release FFS from all Claims and agree to not make any Claim against FFS for honoring or allowing any action or transaction on the FFS Website in which the person performing the action or transaction has provided your username and password. You hereby agree to indemnify the FFS Parties and hold the FFS Parties harmless from and against any and all Claims arising from any such Claims, actions and/or transactions.

LIABILITY OF FFS

If FFS does not properly complete a transfer, unless otherwise required by law, FFS’ liability shall be limited to interest on the amount which FFS failed to timely transfer, calculated from the date on which the transfer was to be performed until the date it was actually completed or you cancelled the instructions. If FFS becomes liable to you for interest compensation under this Agreement, such interest shall be calculated based on the interest rate in effect on the date that the transfer would have been made. In any event, FFS will not be liable for losses or damages in excess of the amount of the transaction. In no event will FFS be liable if circumstances beyond FFS’ control prevented the transfer, or if the funds were subject to legal process or other claims. FURTHER, IN NO EVENT WILL FFS BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGE.