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TERMS OF USE
The ownership of this website; Agreement to Terms of Use
These Terms and Conditions of Use (the "Terms of Use") apply to the Jewish
Heritage Foundation web site located at jewishheritagefoundation.org, and
all associated sites linked to jewishheritagefoundation.org by Jewish
Heritage Foundation, its subsidiaries and affiliates (collectively, the
"Site"). The Site is the property of Jewish Heritage Foundation ("JHF").
BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE,
DO NOT USE THE SITE.
JHF reserves the right, at its sole discretion, to change, modify, add or
remove portions of these Terms of Use, at any time. It is your
responsibility to check these Terms of Use periodically for
changes. Your continued use of the Site following the posting of changes
will mean that you accept and agree to the changes. As long as you comply
with these Terms of Use, JHF grants you a personal, non-exclusive,
non-transferable, limited privilege to enter and use the Site.
Our Content
All text, graphics, user interfaces, visual interfaces, photographs,
trademarks, logos, sounds, music, artwork and computer code (collectively,
"Content"), including but not limited to the design, structure, selection,
coordination, expression, "look and feel" and arrangement of such Content,
contained on the Site is owned, controlled or licensed by or to JHF, and
is protected by trade dress, copyright, patent and trademark laws, and
various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site
and no Content may be copied, reproduced, republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted or distributed in any
way (including "mirroring") to any other computer, server, Web site or
other medium for publication or distribution or for any commercial
enterprise, without JHF's express prior written consent.
You may use information on JHF products and services purposely made
available by JHF for downloading from the Site, provided that you (1) not
remove any proprietary notice language in all copies of such documents,
(2) use such information only for your personal, non-commercial
informational purpose and do not copy or post such information on any
networked computer or broadcast it in any media, (3) make no modifications
to any such information, and (4) not make any additional representations
or warranties relating to such documents.
Your Use of the Site
You may not use any "deep-link", "page-scrape", "robot", "spider" or other
automatic device, program, algorithm or methodology, or any similar or
equivalent manual process, to access, acquire, copy or monitor any portion
of the Site or any Content, or in any way reproduce or circumvent the
navigational structure or presentation of the Site or any Content, to
obtain or attempt to obtain any materials, documents or information through
any means not purposely made available through the Site. JHF reserves the
right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature
of the Site, or any other systems or networks connected to the Site or to
any JHF server, or to any of the services offered on or through the Site,
by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any
network connected to the Site, nor breach the security or authentication
measures on the Site or any network connected to the Site. You may not
reverse look-up, trace or seek to trace any information on any other user
of or visitor to the Site, or any other customer of JHF, including any JHF
account not owned by you, to its source, or exploit the Site or any service
or information made available or offered by or through the Site, in any way
where the purpose is to reveal any information, including but not limited
to personal identification or information, other than your own information,
as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable
or disproportionately large load on the infrastructure of the Site or JHF's
systems or networks, or any systems or networks connected to the Site or
to JHF.
You agree not to use any device, software or routine to interfere or
attempt to interfere with the proper working of the Site or any
transaction being conducted on the Site, or with any other person's use
of the Site.
You may not forge headers or otherwise manipulate identifiers in order to
disguise the origin of any message or transmittal you send to JHF on or
through the Site or any service offered on or through the Site. You may
not pretend that you are, or that you represent, someone else, or
impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful
or prohibited by these Terms of Use, or to solicit the performance of
any illegal activity or other activity which infringes the rights of JHF
or others.
Any content you enter into the Site's form submission system is subject
to JHF's user conduct policy. JHF reserves the right to remove, publish
or alter any user-submitted content.
Your Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or
services and to specific portions or features of the Site, including
contests, promotions or other similar features, all of which terms are
made a part of these Terms of Use by this reference. You agree to abide
by such other terms and conditions, including where applicable
representing that you are of sufficient legal age to use or participate
in such service or feature. If there is a conflict between these Terms of
Use and the terms posted for or applicable to a specific portion of the
Site or for any service offered on or through the Site, the latter terms
shall control with respect to your use of that portion of the Site or the
specific service.
JHF's obligations, if any, with regard to its products and services are
governed solely by the agreements pursuant to which they are provided,
and nothing on this Site should be construed to alter such agreements.
JHF may make changes to any products or services offered on the Site, or
to the applicable prices for any such products or services, at any time,
without notice. The materials on the Site with respect to products and
services may be out of date, and JHF makes no commitment to update the
materials on the Site with respect to such products and services.
Rules of User Conduct
jewishheritagefoundation.org' "Rules of User Conduct" policy applies to
use of this Site, and its terms are made a part of these Terms of Use by
this reference. To view jewishheritagefoundation.org's Rules of User
Conduct Policy, click here.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require
you to open an account (including setting up a jewishheritagefoundation
User ID and password). You are entirely responsible for maintaining the
confidentiality of your account information, including your password,
and for any and all activity that occurs under your account. You agree
to notify JHF immediately of any unauthorized use of your account or
password, or any other breach of security. However, you may be held
liable for losses incurred by JHF or any other user of or visitor to the
Site due to someone else using your JHF user ID, password or account.
You may not use anyone else's JHF user ID, password or account at any time
without the express permission and consent of the holder of that JHF user
ID, password or account. JHF cannot and will not be liable for any loss or
damage arising from your failure to comply with these obligations.
Your Privacy
JHF' Privacy Policy applies to use of this Site, and its terms are made a
part of these Terms of Use by this reference. To view
jewishheritagefoundation.org's Privacy Policy, click
here. Additionally, by using the Site, you acknowledge and agree that
Internet transmissions are never completely private or secure. You
understand that any message or information you send to the Site may be
read or intercepted by others, even if there is a special notice that a
particular transmission (for example, credit card information) is
encrypted.
Links to Other Sites and to the JHF Site
This Site may contain links to other independent third-party Web sites
("Linked Sites"). These Linked Sites are provided solely as a convenience
to our visitors. Such Linked Sites are not under JHF's control, and JHF
is not responsible for and does not endorse the content of such Linked
Sites, including any information or materials contained on such Linked
Sites. You will need to make your own independent judgment regarding your
interaction with these Linked Sites.
Disclaimers
JHF does not promise that the site or any content, service or feature of
the site will be error-free or uninterrupted, or that any defects will
be corrected, or that your use of the site will provide specific results.
The site and its content are delivered on an "as-is" and "as-available"
basis. All information provided on the site is subject to change without
notice. JHF cannot ensure that any files or other data you download from
the site will be free of viruses or contamination or destructive
features. JHF disclaims all warranties, express or implied, including
any warranties of accuracy, non-infringement, merchantability and
fitness for a particular purpose. JHF disclaims any and all liability for
the acts, omissions and conduct of any third parties in connection with
or related to your use of the site and/or any JHF services. You assume
total responsibility for your use of the site and any linked sites. Your
sole remedy against JHF for dissatisfaction with the site or any content
is to stop using the site or any such content. This limitation of relief
is a part of the bargain between the parties.
The above disclaimer applies to any damages, liability or injuries caused
by any failure of performance, error, omission, interruption, deletion,
defect, delay in operation or transmission, computer virus, communication
line failure, theft or destruction of or unauthorized access to,
alteration of, or use, whether for breach of contract, tort, negligence or
any other cause of action.
JHF reserves the right to do any of the following, at any time, without
notice: (1) to modify, suspend or terminate operation of or access to the
Site, or any portion of the Site, for any reason; (2) to modify or change
the Site, or any portion of the Site, and any applicable policies or
terms; and (3) to interrupt the operation of the Site, or any portion of
the Site, as necessary to perform routine or non-routine maintenance,
error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will JHF be liable to you for
any indirect, consequential, exemplary, incidental or punitive damages,
including lost profits, even if JHF has been advised of the possibility
of such damages.
If, notwithstanding the other provisions of these Terms of Use, JHF is
found to be liable to you for any damage or loss which arises out of or
is in any way connected with your use of the Site or any Content, JHF's
liability shall in no event exceed the greater of (1) the total of any
subscription or similar fees with respect to any service or feature of or
on the Site paid in the six months prior to the date of the initial claim
made against JHF (but not including the purchase price for any hardware
or software products or support or similar program), or (2) US$100.00.
Some jurisdictions do not allow limitations of liability, so the
foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold JHF, its officers, directors,
predecessors, successors in interest, employees, agents, subsidiaries and
affiliates, harmless from any demands, loss, liability, claims or
expenses (including attorneys' fees), made against JHF by any third party
due to or arising out of or in connection with your use of the Site.
Violation of These Terms of Use
JHF may disclose any information we have about you (including your
identity) if we determine that such disclosure is necessary in connection
with any investigation or complaint regarding your use of the Site, or to
identify, contact or bring legal action against someone who may be causing
injury to or interference with (either intentionally or unintentionally)
JHF's rights or property, or the rights or property of visitors to or
users of the Site, including JHF's customers. JHF reserves the right at
all times to disclose any information that JHF deems necessary to comply
with any applicable law, regulation, legal process or governmental
request. JHF also may disclose your information when JHF determines that
applicable law requires or permits such disclosure, including exchanging
information with other companies and organizations for fraud protection
purposes.
You acknowledge and agree that JHF may preserve any transmittal or
communication by you with JHF through the Site or any service offered on
or through the Site, and may also disclose such data if required to do
so by law or JHF determines that such preservation or disclosure is
reasonably necessary to (1) comply with legal process, (2) enforce these
Terms of Use, (3) respond to claims that any such data violates the
rights of others, or (4) protect the rights, property or personal safety
of JHF, its employees, users of or visitors to the Site, and the public.
You agree that JHF may, in its sole discretion and without prior notice,
terminate your access to the Site and/or block your future access to the
Site if we determine that you have violated these Terms of Use or other
agreements or guidelines which may be associated with your use of the
Site. You also agree that any violation by you of these Terms of Use will
constitute an unlawful and unfair business practice, and will cause
irreparable harm to JHF, for which monetary damages would be inadequate,
and you consent to JHF obtaining any injunctive or equitable relief that
JHF deems necessary or appropriate in such circumstances. These remedies
are in addition to any other remedies JHF may have at law or in equity.
You agree that JHF may, in its sole discretion and without prior notice,
terminate your access to the Site, for cause, which includes (but is not
limited to) (1) requests by law enforcement or other government agencies,
(2) a request by you (self-initiated account deletions), (3)
discontinuance or material modification of the Site or any service
offered on or through the Site, or (4) unexpected technical issues or
problems.
If JHF does take any legal action against you as a result of your
violation of these Terms of Use, JHF will be entitled to recover from
you, and you agree to pay, all reasonable attorneys' fees and costs of
such action, in addition to any other relief granted to JHF. You agree
that JHF will not be liable to you or to any third party for termination
of your access to the Site as a result of any violation of these Terms
of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site,
including all disputes, will be governed by the laws of the United States
and by the laws of the State of Ohio without regard to its conflicts
of laws provisions. You agree to the personal jurisdiction by and venue in
the state and federal courts in Cuyahoga County, Ohio, and waive any
objection to such jurisdiction or venue. Any claim under these Terms of
Use must be brought within one (1) year after the cause of action arises,
or such claim or cause of action is barred. No recovery may be sought or
received for damages other than out-of-pocket expenses, except that the
prevailing party will be entitled to costs and attorneys' fees. In the
event of any controversy or dispute between JHF and you arising out of
or in connection with your use of the Site, the parties shall attempt,
promptly and in good faith, to resolve any such dispute. If we are
unable to resolve any such dispute within a reasonable time (not to
exceed thirty (30) days), then either party may submit such controversy
or dispute to mediation. If the dispute cannot be resolved through
mediation, then the parties shall be free to pursue any right or remedy
available to them under applicable law.
Void Where Prohibited
JHF administers and operates the jewishheritagefoundation.org Site from
its location in Cleveland, Ohio USA. Although the Site is accessible
worldwide, not all features, products or services discussed, referenced,
provided or offered through or on the Site are available to all persons
or in all geographic locations, or outside the United States. JHF reserves
the right to limit, in its sole discretion, the provision and quantity of
any feature, product or service to any person or geographic area. Any
offer for any feature, product or service made on the Site is void where
prohibited.
Miscellaneous
You may not use or export or re-export any Content or any copy or
adaptation of such Content, or any product or service offered on the
Site, in violation of any applicable laws or regulations, including
without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or
other tribunal of competent jurisdiction to be void or unenforceable,
such provisions shall be limited or eliminated to the minimum extent
necessary and replaced with a valid provision that best embodies the
intent of these Terms of Use, so that these Terms of Use shall remain in
full force and effect. These Terms of Use constitute the entire agreement
between you and JHF with regard to your use of the Site, and any and all
other written or oral agreements or understandings previously existing
between you and JHF with respect to such use are hereby superseded and
cancelled. JHF will not accept any counter-offers to these Terms of Use,
and all such offers are hereby categorically rejected. JHF's failure to
insist on or enforce strict performance of these Terms of Use shall not
be construed as a waiver by JHF of any provision or any right it has to
enforce these Terms of Use, nor shall any course of conduct between JHF
and you or any other party be deemed to modify any provision of these
Terms of Use. These Terms of Use shall not be interpreted or construed
to confer any rights or remedies on any third parties.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-
confidential. JHF shall be free to use such information on an
unrestricted basis.
The information contained in this web site is subject to change without
notice.
Copyright (©) 2008 Jewish Heritage Foundation. All rights reserved.
Effective July 2008
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Copyright 2008 © Jewish Heritage Foundation. All rights reserved. Terms of use | Privacy Policy
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