Terms of Use

TERMS OF USE

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, WHICH WILL ALSO BE THE CONTRACT BETWEEN YOU AND JEWCOLOGY (“WE,” “OUR” OR “US”), THE OWNER AND OPERATOR OF THIS SITE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, YOU SHOULD EXIT THE SITE NOW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES, NO OTHER REMEDY IS AVAILABLE.

  1. Right to Modify Terms– We reserve the right to change these Terms of Use from time to time. Such changes will be effective when posted on this site.
  2. Right to Modify Site– We reserve the right to either modify or discontinue the site, including any of the site’s features, at any time with or without notice. We will not be liable to you or any third party when we exercise such right.
  3. No Warranty of Availability– You acknowledge that this site may be unavailable from time to time including for maintenance, modification, our determination to make it unavailable at certain times, or due to a force majeure and that such unavailability will not give rise to any claim against us.
  4. Duty to Maintain Access– You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
  5. Registration– In order to access some of the services on this site, you will be required to use an account and password that may be obtained by completing our online registration process in which you will be required to provide certain information (“Registration Data”). By registering, you warrant that all information provided in the Registration Data is true and accurate and agree that you will maintain and update this information as required to keep it current, complete, and accurate.
  6. Privacy Policy – Except as required to comply with applicable law and as provided herein, we will maintain all personally identifiable information included with your Registration Data in confidence and will not disclose that information to any third party for any commercial or other purpose. Notwithstanding the foregoing, content, as defined herein, that you submit via the site will be identified with the user name that you select and material that you provide for inclusion in your public user profile will be accessible by both registered and non-registered users of the site.
  7. Confidentiality of Access Information– You will be responsible for maintaining the confidentiality of your password set in the course of the registration process and will be responsible for any activity occurring through use of your account and/or password. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. We are not responsible or liable for any loss or damage arising from your failure to comply with this provision.
  8. Direct Access Only– You agree that you may access this site only via direct use and not via an intermediary interface or program, e.g., “bot,” “web crawler” or the like, nor will you develop such an interface or program. You further agree that you will access this site solely for the purposes for which it was intended. You agree to not seek to hack into the site or otherwise access data not presented in the ordinary course of your use of the site.
  9. Creative Commons– All content, including any information, text, data, communications, software, photos, video, graphics, music, sounds, and other material shared or submitted by users, including you, via the site will, subject to the terms hereof, be subject to the Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License (“CC License”), provided, however, that in the event of a conflict between the CC License and these terms, these terms will prevail. The CC License is explained at http://creativecommons.org/licenses/by-nc-sa/3.0/, with full text at http://creativecommons.org/licenses/by-nc-sa/3.0/legalcode. You are encouraged to read the CC License carefully to understand your rights and responsibilities.
  10. Compliance with Law and Restrictions on Content– Your use of this site is subject to all applicable laws and regulations, and you are solely responsible for the substance of the content that you place on or transmit to this site. By posting content using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content, including, without limitation, text, communications, software, images, sounds, data, or other information, that:
  11. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
  12. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  13. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  14. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  15. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
  16. impersonates any person or entity, including any of our employees or representatives.
  17. Right to Remove Content– We reserve the right, in our absolute discretion, to remove any content from the site, including, without limitation, content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing any content.
  18. No Interference of Use by Others Nor Breaching of Security– You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You will not interfere with anyone else’s use and enjoyment of the site or other similar services.
  19. Right to Terminate Access– We reserve the right, in our absolute discretion, to terminate or suspend your access to all or part of this site with or without notice and for any reason or no reason, including, without limitation, breach of these Terms of Use. We will not be liable to you or any third party for any claims for damages arising out of any such termination or suspension or any other actions in connection therewith.
  20. No Liability for Third Party Sites– This site may link to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and we are not and will not be responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either expressed or implied.
  21. No Copyright Warranty– We do not warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties.
  22. Trademarks– Certain of the graphics, icons, logos and service names are registered trademarks, trademarks or service marks of this site’s owners. All other trademarks or service marks are the property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Jewcology or its owner.
  23. Ideas– We may freely use feedback and ideas that you may provide to us without any expectation whatsoever of remuneration, credit or royalty.
  24. Designated Agent– Our designated agent for claimed copyright infringement may be reached via e-mail at copyrightclaims@jewcology.org.  Jewcology is owned and operated by Canfei Nesharim: Sustainable Living Inspired by Torah.
  25. DISCLAIMER OF WARRANTIES– ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL ERRORS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THIS SITE FROM US WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
  26. DISCLAIMER OF LIABILITY FOR DOWNLOADING– THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
  27. Transactions with Third Parties– Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US.
  28. LIMITATION OF LIABILITY– IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MONETARY, SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
  29. Your Duty to Defend– Upon a request by us, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses, including attorneys’ fees that arise from your use or misuse of this site. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to defense by you, in which event you will cooperate with us in asserting any available defenses as well as reimburse us for our expenses incurred in connection therewith.
  30. Global Use– Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so by their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
  31. Choice of Law and Venue / Waiver of Right to Jury Trial– This site (excluding any linked sites) is controlled by us from our offices within the State of Maryland, United States of America. The laws of the United States and the State of Maryland, without regard to the conflicts of laws principles thereof nor the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. We and you hereby submit to the exclusive jurisdiction and venue of state courts located in Montgomery County and the Federal Court of the District of Maryland and the courts of appeal therefrom with respect to all matters arising hereunder, provided, however, that any judgment obtained from such court may be enforced in any court of competent jurisdiction and such other courts will add to such judgment the costs incurred by the party seeking such enforcement. Each party irrevocably waives all right to trial by jury in any action, proceeding or counterclaim arising out of or in connection with these Terms of Use. In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees.
  32. Time Limit on Legal Action– Any cause of action brought by you against us must be instituted with sixty days after the cause of action arises or be deemed forever waived and barred.
  33. Notice– Notices to us may be address to customercare@jewcology.org. Notices to you may be sent to the email address you provide as part of your Registration Data.
  34. Whole Agreement– These Terms of Use constitute the entire agreement and understanding between us and you concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect to that subject matter.
  35. No Assignment– You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms of Use.
  36. No Resale– You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
  37. Severability– If any part of these Terms of Use is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.
  38. No Waiver– Any failure by us to enforce or exercise any provision of these Terms of Use or related rights will not constitute a waiver of that right or provision nor subsequent waiver of any breach of any provision hereof.
  39. Report of Violation and Complaints– Reports of violations of these Terms of Use and/or other complaints may be submitted via e-mail to violations@jewcology.org.
  40. Children– Children under age thirteen (13) are not permitted to register to use the restricted areas of this site without permission of their parent or guardian.
  41. Titles– Titles and subheadings contained herein are inserted only as a matter of convenience and for reference. Such titles in no way define, limit, or describe the scope or extent of any provision of these Terms of Use.