PlanitJewish.com Website Online Access Agreement

 

Terms and Conditions of Use

 

 

1.      GENERAL
PlanitJewish.com ("Provider") provides an online information, communication, user-administered bulletin board/events calendar, and transaction service (“PlanitJewish.com Website”) to users who have agreed to the terms and conditions stated below. The purpose of the PlanitJewish.com Website is to foster community awareness of and promote participation in the affairs of the Jewish community, and to provide a Jewish Resource Center for Jewish nonprofit 501 (c)(3) organizations with charitable outreach, education, religion, fundraising and volunteer opportunities for members of the Jewish Community.


This Online Access Agreement ("Agreement" or “License”) is a legal agreement between you and Provider. It states the terms and conditions under which you may access Provider's system and use the online services that Provider makes available through that system ("Service") and use the proprietary software necessary to access the Service ("Software").

 
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY COMPLETING THE REGISTRATION PROCESS AND USING THE SOFTWARE AND SERVICE, YOU AGREE TO BE LEGALLY BOUND AND TO ABIDE BY THIS AGREEMENT AS IF YOU HAD SIGNED IT. IF YOU DO NOT WISH TO BE BOUND, PLEASE CLICK YOUR INTERNET BROWSER BACK PAST THE PLANITJEWISH.COM WEBSITE AND DO NOT FURTHER ACCESS OR USE THE PLANITJEWISH.COM WEBSITE.

 

 

2. ACCESS AND LICENSE
(a) Access. Provider hereby grants you access to its system and the right to use the Service subject to the terms of this Agreement.

(b) License. Provider hereby grants you a nonexclusive, personal, nontransferable license to use the Software, in executable form only, solely for the purpose of accessing Provider's system and using the Service. You may not (1) copy, (2) modify or otherwise create derivative works, (3) translate, reverse engineer or reverse compile, or disassemble, (4) sell, rent, sublicense, assign, or otherwise transfer, or distribute, the Software or this License.

(c) Permitted Users.

Use by Minors Under Age 13.  License to access the PlanitJewish.com Website is NOT granted to minors under age 13 except upon the consent of their parent or legal guardian. That means that if you’re under 13, you need to ask your parent or legal guardian to let you access the PlanitJewish.com Website before you enter the PlanitJewish.com Website (even if you’re over 13, isn’t it a good idea to honor your parents?). The reason being, especially if you’re under 13, your parents are legally responsible for your actions, so please don’t enter the PlanitJewish.com Website without their permission.

 

Notices to Parents and Guardians of Minor children:

 

(1) YOU ARE SOLELY RESPONSIBLE FOR THE ACTIONS OF YOUR MINOR ON THE PLANITJEWISH.COM WEBSITE.

 

(2) Provider does not control or represent the accuracy, truthfulness, legality, or safety of content pOSTED on the online bulletin board service by users.  The user and/or their parent or legal guardian accepts sole responsibility for their own welfare through use or reliance upon content presented on or through the PlanitJewish.com Website as a condition PRIOR to any and all use or reliance.

 

(3) If the parent or guardian of a minor does not consent or agree to the access of their child or ward to services provided by or through the jewish links website, please use your legal rights to restrict the minor’s Internet use and/or use internet browser blocking software on computer/s within your control to block access by your minor to prohibited websiteS.

 

Use by Minors Between 13 and 18. NOTICE TO PARENTS: A special restricted, nonexclusive, personal, nontransferable license to access the PlanitJewish.com Website is granted to individuals between the ages of 13 and 18.  license is granted to minors aged 13 and above to access the public pages of the PlanitJewish.com Website. any and ALL use or reliance upon Services offered by or through PlanitJewish.com must be at the sole discretion of the parent or guardian. So, if you’re under 18, you must get permission from your parent or legal guardian before you use or rely on any Services provided by or through the PlanitJewish.com Website.

 

Access to Information Through Your Account. You may permit other members of your household or organization to access the Service provided that each such person abides by the terms and conditions of this Agreement. By permitting others to use your account, you assume all risk and liabilities resulting from their use. If you authorize a minor to use your account, you are fully responsible for the online conduct of the minor, for controlling the minor's access to and use of the Service, and for the consequences of any misuse. It is your responsibility to safeguard any personal identification number and password required to access the system. Your right to authorize others to use your account is not assignable or transferable.

 

(D.) Access & Linking

The web site may contain links to other web sites.  Provider is providing these links solely for the convenience of the User, and the link does not imply the web site endorsement, nor is Provider responsible for the content of the web site and the information they may collect from you when visiting the site.

 

User agrees not to use any robot, spider, other automatic device, or process to monitor or copy our web page contents. User agrees not to use any device or routine to interfere or attempt to interfere with the proper operation of the web site.

 

Users may only link to the web site if ALL OF THE FOLLOWING criteria are met:

1.      The link brings Users to The web site website free of any frames or pop up windows of any kind whatsoever; and

 

2.      The link clearly states that it resolves at The web site; and

 

3.      The link points to, and resolves at http://planitjewish.com

 

4.      Neither the link text or User represent in any way an agency or joint venture with Provider; and

 

5.      Provider has not notified the User that it is not permitted to link to the web site, which the web site expressly reserves the right to determine before or after linking commences pursuant to these terms.

 

(E.) Infringing Item Policy

 

If you believe that the web site’s use of your work constitutes copyright infringement, please contact Provider with the following written information specified below. Note that this procedure is only to notify Provider that your copyrighted material has potentially been infringed.

 

1. The location on the site of the potentially infringing item;

 

2. A description of the copyrighted work that you claim has been infringed upon;

 

3. Your address, e-mail address and telephone number;

 

4. A sworn statement by you that you believe in good faith that the item is infringing and that you are either the copyright owner or authorized to act on behalf of the copyright owner.

 

 

The web site’s Agent for notice of claims is Howard Brown, who can be reached at:

PlanitJewish.com

1720 South Amphlett Blvd. – Suite #110

San Mateo, CA 94402

 

(650) 286-4400

howard@planitjewish.com

 

3. CHANGES
The Service, Provider's system, and this Agreement may change from time to time. Provider reserves the right, at Provider's sole discretion and without prior notice or liability, to discontinue or alter the Service or any feature of the Service including, without limitation, (a) restricting the time of availability, (b) restricting the availability and/or scope of the Service for certain types of computers and operating systems, (c) restricting the procedures for or amount of access or use permitted, (d) restricting or terminating any user's right to access and use the Service, and (e) changing system hardware and software. Any change is effective immediately upon a posting on the Service, electronic mail, or conventional mail. By continuing to use the Service, you accept any such changes. If any such changes are not acceptable to you, you may terminate this Agreement at any time as described in Section 11.

 

 

4. CHARGES AND PAYMENT
(a) Service Fee; Taxes. Provider may charge you a service fee for your use of certain designated for-charge services or products provided on or through the PlanitJewish.com Website plus any applicable sales, use, value-added, personal property, or other governmental tax imposed on the Service. Current rates are available online or by telephone or e-mail to Provider's Customer Service. Rate changes are effective immediately upon being published online.
(b) Payment. Payment may be made by credit card or check or money order. If you choose to pay by credit card, Provider will automatically bill the service fee to your credit card account. If you choose to pay by check or money order, we will send you an invoice due and payable immediately upon your receipt of the invoice. A late charge will be added of 1.5% per month or the highest rate permitted by law for amounts that are overdue.
(c) Equipment and Connect Charges. You are responsible for obtaining, installing, maintaining, and operating all computer and telephone equipment and telephone access lines and for all telephone and other charges necessary to access the Service.

 

5. SYSTEM RULES
(a) As a condition prior to accessing and using the PlanitJewish.com Website, you agree that use of the service is at your sole risk, and that use of the service is provided on an “as is” and “as available” basis. The User Bears sole responsibility to verify and confirm the accuracy, truthfulness, source, and safety of any and all information provided by or through the PlanitJewish.com website.

 

(b) As a condition prior to accessing and using the PlanitJewish.com Website, you acknowledge and agree that only the User of the PlanitJewish.com Website Services, and not PlanitJewish.com, is responsible for the integrity, accuracy and legality of information, advertisements and/or other material submitted to and presented by the user upon the PlanitJewish.com Website. You acknowledge and accept that PlanitJewish.com does not endorse or assume responsibility for any threatening, libelous, obscene, harassing or offensive material posted by a user upon the PlanitJewish.com Website, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.

 

(b)   You agree to supply Provider with accurate and complete information as specified on the online registration form and to inform Provider promptly of any change in such information.

 

(d) You are responsible for all use of your account. You must promptly inform Provider of the loss, theft, or unauthorized disclosure or use of your personal identification number or password. Until you provide reasonable notice to Provider of such a breach of security, you remain liable for any unauthorized use of the Service through your account.

 

(e) You acknowledge and agree that technical processing of calendars, calendar content, email messages and their content may be required to (1) send and receive messages; (2) conform to the technical requirements of connecting networks; (3) conform to the limitations of the service; or (4) conform to other similar requirements. You agree to bear sole responsibility to check the accuracy and completeness of information presented on the PlanitJewish.com Website before relying on any such information.

(f) The Service and Software may only be used for lawful purposes and consistent with the rights of other users and third parties. Without limiting the foregoing, the Service and Software shall not be used in a manner that would violate any law or infringe any copyright, trademark, trade secret, right of publicity, right of privacy, or any other right of any third party, or for the purpose of transmitting or storing material that is obscene or defamatory. You are prohibited from posting on, or transmitting through the Service, any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including without limitation any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

 

(g) License At-Will.

(1)   As a condition prior to access and use of the PlanitJewish.com Website, you agree that PlanitJewish.com reserves the right, in its sole discretion, to refuse to allow license to access, and/or use the PlanitJewish.com Website to anyone. Refusal to allow access or use of the PlanitJewish.com Website shall be accompanied by notification of such refusal to the other party, however the reason for refusal need not be stated.

 

(2)   As a further condition prior to access and use of the PlanitJewish.com Website, you agree that either the User or Provider, in either of their discretions, may terminate that User’s license to access the PlanitJewish.com Website, for any reason, and effective immediately. Termination shall be accompanied by notification of termination to the other party, however the reason for termination need not be stated. The Provider shall not be liable to the User or to any third party for termination of service, except that any unapplied payments from the User shall be refunded to a User terminated without cause, as set forth in Section 11 of this Agreement.

6. DISCLAIMERS; LIMITATION OF LIABILITY

 
THE SERVICE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. PROVIDER DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO ANY INFORMATION, PRODUCT, OR SERVICE FURNISHED BY IT UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF PROVIDER TO ANY USER FOR ANY LOSS, CLAIM, DAMAGE, OR LIABILITY OF ANY KIND, INCLUDING DUE TO PROVIDER'S NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY USER TO PROVIDER DURING THE SIX MONTH PERIOD PRECEDING THE CLAIM.

 

YOU AGREE AND ANY MATERIAL AND/OR DATA DOWNLOADED OR OBTAINED THROUGH THE USE OF THE PLANITJEWISH.COM WEBSITE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER DAMAGE THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY A USER OF THE PLANITJEWISH.COM WEBSITE FROM PLANITJEWISH.COM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.


7. INDEMNIFICATION
You agree to indemnify and hold Provider, its officers, directors, employees, agents, sponsors, partners, and/or other co-branders and affiliates harmless from and against any claims and expenses (including, without limitation, reasonable attorneys’ fees and court costs) (collectively referred to as “Claims”) arising out of or related to your breach (whether directly by you or through a third party) of any of the terms and conditions of use set forth in this Agreement, except to the extent such claims directly result from PlanitJewish.com own negligence. The foregoing indemnification shall survive any termination of PlanitJewish.com Services provided to you.

8. PRIVACY
Electronic mail and other transmissions passing through the Service or over the Internet and through Provider's system may not be secure, and Provider cannot guarantee the security or privacy of your information or communications, except as set forth in the PlanitJewish.com Privacy Policy (hereby incorporated by reference into this Agreement). Provider will not intentionally monitor or disclose any private electronic communications, except to the extent necessary to identify or resolve system problems or as required by law or to monitor compliance with these Terms and Conditions or the Privacy Policy. Please refer to the PlanitJewish.com Privacy Policy for further details.

9. EDITORIAL CONTROL
Provider reserves the right to monitor transmissions, other than private electronic communications, as necessary to provide service and otherwise to protect the rights and property of Provider. Notwithstanding the foregoing, Provider does not have the practical ability to restrict conduct, communication, or content that might violate this Agreement before transmission on the Service, nor can Provider assume any liability for any action or inaction with respect to such conduct, communication, or content.

10. PROPRIETARY RIGHTS
(a) Software. The Software and any accompanying documentation and written materials are the sole and exclusive property of Provider or its licensor and are protected by Search Term Begin copyright Search Term End and trade secret law and international treaties.

(b) Content. All Content on the PlanitJewish.com website is copyrighted in the name of PlanitJewish.com, except for content posted on the PlanitJewish.com Website by users of the Service. The names PlanitJewish.com and MyJewishEvents are trademarks of PlanitJewish.com. Any use of copyrighted or trademarked material appearing throughout the PlanitJewish.com website without the express written consent of PlanitJewish.com is strictly prohibited.

 

You acknowledge that the Service contains information, software, photos, video, graphics, sound, music, and other material ("Content") that are protected by copyright,Search Term Begin  Search Term End trademark, trade secret, and other intellectual property law and that the rights in such Content are valid and protected in all forms, media, and technologies that now exist or that may be developed in the future. You may not modify, publish, distribute, transmit, transfer or sell, create derivative works, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of portions of the Content, including material protected by copyrightSearch Term Begin Search Term End , trademark, or other proprietary rights, provided the copies are made for your personal use and that you maintain any copyright,Search Term Begin Search Term End  trademark, or other proprietary rights notices on the copies of the Content. Except as stated immediately above or as permitted by the fair use provision of U.S. copyright Search Term Begin Search Term End law, you may not upload, post, reproduce, or distribute any Content protected by copyright Search Term Begin Search Term End or other proprietary rights without the permission of the copyright Search Term Begin Search Term End owner.

(c) Third Party Content and Services.
(1) Third Party Content Proprietary Rights. You may only upload or otherwise distribute via the Service Content that is not subject to any copyright Search Term Begin Search Term End or other proprietary rights protection or for which you have the owner's express authorization for such online distribution. The unauthorized uploading or distribution of copyrighted or other proprietary Content constitutes a breach of this Agreement, and could subject you to criminal prosecution, personal liability for any damages arising from any infringement, and to termination of this Agreement.

 

(2) Grant of Limited License to Provider. By uploading Content to the Service in any area that is generally accessible to other users, you automatically grant or warrant that the owner of the Content has expressly granted Provider the royaltySearch Term Begin Search Term End -free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute, and transmit the Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology, now known or that may be developed in the future, for the full term of any copyrightSearch Term Begin Search Term End , including renewals thereof, that may exist in such content. You also grant or warrant that the owner of the Content grants to other users the right and license to access, view, store, or reproduce the Content for that user's personal use. Subject to the foregoing, the owner of the Content uploaded or distributed on the Service retains all rights that may exist in such Content.

(3) Limitation of Provider’s Liability for Third Party Content. Provider is a distributor and not a publisher of Content supplied by third parties and users. Accordingly, Provider has no more editorial control over such Content than does a telephone utility company over the conversations through its telephone lines. Any opinions, advice, statements, services, offers, or other Content expressed or made available by third parties are those of the respective authors, owners, or distributors and not of Provider. In no event will Provider be liable for any loss or damage caused by a user's reliance on Content obtained through the Service. It is your responsibility to evaluate the accuracy, completeness, usefulness, or safety of any information, advice, opinion, or any other Content available through the Service.

(4) Limitation of Provider’s Liability for Third Party Services and Products. The PlanitJewish.com Website may permit you to receive information and order and receive merchandise and services directly from businesses that are not owned or operated by Provider. The purchase, payment, warranty, delivery, and any other terms concerning such information, merchandise, and services are solely between you and such businesses. PlanitJewish.com makes no warranty, express or implied, regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service.


(5) Export. The U.S. export control laws regulate the export and re-export of technology originating in the United States, including the electronic transmission of information and software to foreign countries and foreign nationals. You agree to comply with these laws and not to transfer by electronic transmission or otherwise, any Content derived from the Service without obtaining any required government authorization. You further agree not to upload to the Service any data or software that cannot be exported without prior written government authorization, including without limitation, certain types of encryption software.

11. TERMINATION OF LICENSE AGREEMENT TO ACCESS AND/OR USE THE PLANITJEWISH.COM WEBSITE
(a) For any Reason. Either you or Provider may terminate this Agreement for any reason, in the sole discretion of yourself or Provider, by giving the other party notification of termination, however such notice need not state a reason for termination. Termination shall be effective upon notification.
(b) For Cause. Provider may terminate this Agreement with or without notice to the User for any conduct of the User that Provider believes in its sole discretion violates a term or condition of this Agreement, interferes with other users' use of the Service, does not comply with or fit the purposes for which the PlanitJewish.com Website was created (as stated in Section 1 of this Agreement), or is otherwise unlawful or inappropriate.
(c) Effect of Termination. Upon termination, your license to use the Software and to access and/or use the PlanitJewish.com Website automatically terminates. In the event of termination for cause, you may remain criminally and civilly liable for any and all damages caused by and resulting from breach of this Agreement and any monthly service fees and any prepaid charges will not be refunded or prorated. In the event that a criminal or civil complaint is filed against a user terminated for cause, or money is not refunded to a user terminated for cause, notice of the cause/s shall be provided or made available to the terminated user.


12. LEGAL NOTICES TO CALIFORNIA USERS
California users are entitled to the following consumer rights information under California Civil Code Section 1789.3.

(a) Pricing Information. Current rates for using the Service may be obtained by requesting the information from PlanitJewish.com by electronic mail or by telephone. Provider reserves the right to add, delete, or change fees or charges at any time upon notice as provided in this Agreement.

(b) Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at 1-916-445- 1254.

13. GENERAL
(a) Choice of Law. As a condition prior to access and use of the PlanitJewish.com Website, you agree that this Agreement and its validity, construction, and performance shall be governed in all respects by the laws of the State of California, without regard to its choice of law rules.

 

(b)  Forum Selection. As a condition prior to access and use of the PlanitJewish.com Website, you agree that any legal dispute or disagreement between PlanitJewish.com and yourself shall be sued upon only in a Court of Law located in San Francisco, California, and/or brought to an arbitrator or mediator located in San Francisco, California. 

 

(c) Mandatory Alternative Dispute Resolution. As a condition prior to access and use of the PlanitJewish.com Website, you agree that in the event of a legal dispute or disagreement between Provider and yourself (“the Parties”), pertaining to compliance with the terms and conditions of this Agreement, or to compliance with civil laws governing the relationship between the Parties, the Parties shall attempt in good faith to reach a fair and reasonable solution to their grievance. In the event such a solution cannot be reached, the matter shall be submitted to binding arbitration before a lawsuit may be brought in a Court of Law. If a mediator or arbitrator cannot be agreed upon by the parties to the dispute, the matter may be submitted to a Court of Law for the limited purpose of selecting a reasonable forum for nonbinding arbitration or mediation, or the matter may be submitted to any other person or entity as may be agreed upon by both parties for the limited purpose of selecting a reasonable forum for nonbinding arbitration or mediation. Each party to the dispute shall bear their own costs and expenses incidental and consequential to the arbitration or mediation, except that the arbitrator or mediator shall recommend a fair apportionment of all reasonable costs and expenses between the parties in the event that the decision or recommendation of the arbitrator or mediator is not accepted by either or both parties. Every person who accesses and/or uses the Services provided by or through the PlanitJewish.com Website shall be deemed to consent and agree to accept this provision.


(c) No Waiver. Provider's failure to insist upon strict performance of any of the provisions of this Agreement shall in no way constitute a waiver of future violations of the same or any other provision.


(d) Modification. This Agreement shall not be modified without a writing signed by both parties, except that Provider reserves the right to modify the terms and conditions of service by posting notice of modifications or changes to this Agreement in a pop-up screen or 10-POINT BOLD BLACK CAPITAL LETTERS on the start-up screen of the PlanitJewish.com Website prior to your subsequent use of the Service. Such notice shall remain on the PlanitJewish.com Website for a period of at least fourteen (14) days following any modification.

 

If you do not accept the modifications or changes to this Agreement, you must terminate your access and use of the PlanitJewish.com Website and Services at that time. Your access and use of the PlanitJewish.com Website after notification of modifications or changes to this Agreement shall constitute your acceptance of any and all such modifications or changes.


(e) Severability. If any provision or portion of a section of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remainder of this Agreement shall not in any way be affected or impaired thereby.

(f) Survival. The provisions of this Agreement relating to confidentiality, warranties, and indemnification shall survive any termination or expiration of this Agreement.

(h) Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to its subject matter and supersedes all existing agreements and all oral, written, or other communications between them concerning its subject matter.

All Rights Reserved. 2000-2005©PlanitJewish.com.