TERMS & CONDITIONS
What you need to know.
Church Development Fund , Inc. dba CDF Capitaltm
Web-Based Services, Access and Use Terms and Conditions
Contact Us: 888.540.7112
This Web-Based Services, Access and Use Terms and Conditions (this "Agreement") states the terms and conditions for use of Church Development Fund, Inc.'s ("CDF") website and online services at CDFcapital.org (the CDF Website). Please read this entire Agreement. These terms and conditions are in addition to other agreements, terms and conditions that apply to any CDF investments, loans, or any other CDF services.
As used in this Agreement, the following terms have the following meanings. "Investment" and "investments" mean investments in CDF's 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 CDF's Offering Circular of which you are either an officer or agent. "You," "your," and "yours" mean the person(s) using the CDF Website. "We," "our," us," "CDF Capital," and "CDF" refer to Church Development Fund, Inc.
What this Agreement Covers
The CDF Website permits authorized users to access certain services offered by CDF and conduct certain transactions via links accessed through the CDF Website. This Agreement, between you and CDF, governs the use of the CDF Website, services provided by the CDF Website and transactions initiated, processed, viewed, or proposed through the use of the CDF website.
Your use of the CDF Website is strictly voluntary. By using the CDF Website, including any service or transaction provided by or through the CDF Website, you agree to the terms and conditions set forth in this Agreement.
You agree to accept this Agreement online rather than a paper version of this Agreement. We recommend 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 requesting access to the CDF Online Investment Center at the CDF Website, you agree that any communication from CDF to you regarding the service(s) and transaction(s) initiated by or through the CDF Online Investment Center 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 CDF immediately. Please contact a CDF Customer Service Representative at (888) 540-7112, Monday through Friday, 8:30 a.m. to 4:30 p.m., PT (excluding Federal Reserve and CDF holidays).
For secure transmissions, your electronic communication with CDF should be sent using the CDF Online Investment Center secure mail e-mail system. This service encrypts, or "scrambles," your personal information, making it difficult for anyone other than CDF to read such information.
You also may e-mail CDF using a personal e-mail account provided by an outside Internet provider, but remember e-mail transmissions through general or public e-mail are not secure. Do not send or request sensitive CDF investment information such as account numbers or financial information via any general or public e-mail system.
Username and Password
You agree that CDF may send notices and other communication including your username and password confirmations via e-mail. You agree to:
- Keep your username and password secure and strictly confidential; and
- Immediately notify CDF and select a new password if you believe your password has been compromised.
If you believe 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 CDF by calling (888) 540-7112.
Under no circumstances will a CDF employee request your password via the Internet or other contact. Please do NOT disclose such information to anyone claiming to represent CDF, and immediately notify CDF at (888) 540-7112 if it is requested by someone claiming to represent CDF.
By using the CDF Website, you acknowledge and agree that this Agreement sets forth security procedures for transactions which are commercially reasonable. CDF will have no liability to you for any unauthorized transaction(s) made using your username and password that occur(s) before you have notified CDF of possible unauthorized use and CDF has had a reasonable opportunity to act on that notice. CDF may suspend or cancel your username and password even without receiving such notice from you if CDF 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, CDF may, at its discretion deactivate your username and password. To re-establish service, you will need to contact CDF at (888) 540-7112. You may be requested to provide a written request and verify your identity before a new username and password are issued to you.
In order to use the CDF 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 CDF, your investment(s), and/or transaction(s) through the CDF Website.
You are responsible for the installation, maintenance, and operation of your Computer, browser and Internet access. CDF is not responsible for any errors or failures from any malfunction of your Computer, the browser or your Internet provider. CDF 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 CDF Website is furnished to you by CDF and is intended for your personal and lawful use in conformity with this Agreement. You shall not access or use the CDF Website or any portion thereof for any purpose other than a lawful and legitimate purpose as intended by CDF. 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 CDF Website. You will be responsible for the accuracy and completeness of all materials, data and information you transmit using the CDF Website. If CDF determines, in its sole discretion, that you are using or have used the CDF Website or any portion thereof in a manner inconsistent with this Agreement or in violation of applicable law, CDF 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 CDF Website or any portion thereof and (ii) seeking all remedies against you.
CDF's Intellectual Property Rights
The CDF Website contains information, text, images and other materials that are or may contain proprietary information owned, controlled or licensed by or to CDF. The CDF Website is protected by copyright, trademark and other intellectual property laws. All rights, title and interests to the CDF Website are exclusively reserved to CDF.
CDF will take reasonable steps to create and maintain the CDF Website. Difficulties with hardware, software, equipment and services may result in interruption or downtime of the CDF Website or a portion thereof. It is also possible that the CDF 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.
Certain applications on the CDF Website have certain features designed to provide security in connection with your use of those applications on the CDF Website. These features include password-controlled system entry, a VeriSign-issued Digital ID for our server, Secure Sockets Layer (SSL) protocol for data encryption, and a router loaded with a firewall to regulate the inflow and outflow of server traffic. While we believe it is unlikely that "hackers" or other perpetrators will gain improper access to your investments and investment information through the CDF 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 CDF Website are also subject to the terms of CDF's Security Policy atCDFcapital.org/security-statement/ which are incorporated herein by reference.
Changes to this Agreement
CDF may change this Agreement at any time. CDF will inform you of any changes as and to the extent that applicable law requires. CDF will post the amended Agreement at the CDF Website. Notification of amendments and/or changes also may be delivered by electronic mail via the CDF Online Investment Center secure mail e-mail system. Your continued use of the CDF Website will constitute acceptance of any amendments and changes to this Agreement. Further, CDF may, from time to time, revise or update the program, services, and/or related material(s) rendering such prior versions obsolete. Consequently, CDF reserves the right to terminate this Agreement as to all such prior versions of the CDF programs, services, and/or related material(s) and limit access to CDF's 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 CDF Website, you and CDF 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 CDF with respect to the CDF Website and your use thereof. This Agreement supersedes any proposal or prior agreement, oral or written, and any other communications between you and CDF 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 CDF Website and your use of the CDF Website in the event of a conflict. If there is a conflict between what one of CDF's 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 CDF with respect thereto, and nothing herein is intended to modify such terms and conditions.
CDF shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by CDF. No delay or omission on the part of CDF 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.
In no event will CDF, any of its affiliates, or any of their respective directors, officers, employees, agents and other representatives (collectively, "CDF 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 CDF Website or other event caused by a third party.
IN NO EVENT WILL ANY CDF PARTIES BE LIABLE TO YOU OR ANY PERSON FOR ANY CLAIM, REGARDLESS OF THE NATURE OF THE CLAIM AND EVEN IF A CDF PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, FOR DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE AND/OR EXEMPLARY DAMAGE.
You may not assign (voluntarily, involuntarily or by operation of law) this Agreement or any portion thereof to any other party. CDF may assign this Agreement to any present or future, directly or indirectly, affiliated company or successor. CDF 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.
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.
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.
This Agreement shall be governed by the laws of the State of California without application of rules on conflict of laws.
Services at the CDF Website you elect to use, which require a username and password, remain in effect until terminated by you or CDF. You may cancel your access at any time by notifying CDF in writing via the secure mail e-mail system or by calling (888) 540-7112. However, your service will remain in effect until CDF has an opportunity to act on your notice. This cancellation applies to your access and use of the CDF Website only and does not terminate your investment or loan accounts with CDF.
CDF Representatives are available via phone, Internet e-mail, and secure mail e-mail Monday through Friday, 8:30 a.m. to 4:30 p.m., Pacific Time (PT), excluding holidays.
Secure Mail: Log into your online account by following the link at CDFcapital.org using your personal username and password. Secure Mail functions are located on the "Email" tab.
Unsecured E-mail: email@example.com
Mailing Address: PO Box 19700, Irvine, CA 92623-9700
For purposes of this Agreement, our business days are Monday through Friday. Holidays (including Federal Reserve and CDF holidays) are not included.
Authorized CDF investment owners and borrowers can use the CDF Website services to:
- View account information.
- Request transfer of funds between eligible accounts at CDF.
- Request automated clearinghouse (ACH) transfers to accounts at other financial institutions.
- Request ACH transfers to authorized CDF accounts from other financial institutions.
- Request other investment services via secure mail e-mail system.
If an account is jointly held, each holder is jointly and severally obligated under this Agreement. Where applicable, each account signatory accept this Agreement on behalf of all jointly-held account holders and may act alone to perform transactions or obtain information under this Agreement. CDF is not required to obtain the further consent of any other jointly-held account holder.
How Investment Transactions are Reported
Investors of CDF certificates receive a quarterly account statement in addition to transaction receipts generated on the date of activity. In addition, you may access your investment transactions through the CDF website.
Please contact CDF immediately in writing or via secure mail e-mail if you change your residence or e-mail address.
Questions or Error Correction on Transactions
Please contact CDF immediately if you believe:
- Your statement or transaction record is incorrect.
- You need more information about a transaction listed on the statement.
- An unauthorized person has discovered your username and password.
- Someone has transferred or may transfer money from your account without your permission.
CDF 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 CDF, please provide the following information:
- Your name, investment name, and number.
- The date and dollar amount of the transaction in question.
- The name of recipient if the transaction in question is a transfer.
- The transaction confirmation number, if available.
- 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 CDF orally, CDF may require you to send your complaint or question in writing or via secure mail e-mail system.
CDF will determine whether an error occurred within 10 business days after your initial contact and will correct any error promptly. If CDF requires additional time, however, CDF may take up to 45 days to investigate your complaint or question. If CDF decides to take 45 days to investigate your complaint or question, CDF will credit your account within 10 business days for the amount you think is in error, subject to CDF's right to recoup such credited amount or portion thereof upon CDF's completion of its investigation. If CDF asks you to put your complaint or question in writing and CDF does not receive it in 10 business days, CDF may not credit your account.
For errors involving new accounts, or foreign-initiated transactions, CDF may take up to 90 days to investigate your complaint or question. For new accounts, CDF may take up to 20 days to credit your account for the amount you think is in error. CDF will notify you of the results within 3 business days after completing its investigation.
If CDF decides there was no error, CDF will send you a written explanation and you may request copies of certain documents that CDF used in its investigation.
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 CDF, ACH and wire transfers may be subject to transfer fees from the receiving financial institution.
You are liable for all transactions initiated on, by or through the CDF 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 CDF by phone immediately.
If CDF completes a payment or transfer and subsequently learns that your account has insufficient funds for the transaction, you agree that CDF may reverse the transaction and/or offset the shortage with funds from any investment or account you have with CDF and you agree to pay CDF for any fees CDF incurs charged by a third-party.
You hereby release CDF from all Claims and agree to not make any Claim against CDF for honoring or allowing any action or transaction on the CDF Website in which the person performing the action or transaction has provided your username and password. You hereby agree to indemnify the CDF Parties and hold the CDF Parties harmless from and against any and all Claims arising from any such Claims, actions and/or transactions.
LIABILITY OF CDF
If CDF does not properly complete a transfer, unless otherwise required by law, CDF's liability shall be limited to interest on the amount which CDF 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 CDF 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, CDF will not be liable for losses or damages in excess of the amount of the transaction. In no event will CDF be liable if circumstances beyond CDF's control prevented the transfer, or if the funds were subject to legal process or other claims. FURTHER, IN NO EVENT WILL CDF BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGE.