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Terms of Use

Website Terms of Use

These terms govern your access to and use of magenabot.eightmonmouth.com. Last modified March 1, 2024.

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Magen Abot Yeshivah, a NJ Nonprofit Corporation (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of magenabot.org and its content, functionality, and services (the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older and who reside in the United States or any of its territories or possessions.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to the Website, and for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them. All information you provide is governed by our Privacy Policy. You must treat any username, password, or security information as confidential. We have the right to disable any username, password, or other identifier in our sole discretion if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as expressly permitted.

Trademarks

The Company name, slogans, logo, and all related names, logos, product and service names, designs, and slogans are trademarks (or may become trademarks) of the Company or its affiliates or licensors. You must not use such marks without prior written permission.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

Additionally, you agree not to use the Website in any manner that could disable, overburden, damage, or impair the site; use any robot, spider, scraper, or other automatic device; introduce viruses, Trojan horses, worms, logic bombs, or other malicious material; attempt to gain unauthorized access; or attack the Website via denial-of-service.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (“Interactive Services”) that allow users to post content (“User Contributions”). All User Contributions must comply with the Content Standards. Any User Contribution will be considered non-confidential and non-proprietary; you grant us and our affiliates a license to use, reproduce, modify, perform, display, distribute, and otherwise disclose such material. You are responsible for any User Contributions you submit.

Monitoring and Enforcement; Termination

We have the right to remove or refuse to post any User Contributions; take any action we deem necessary or appropriate; disclose your identity to any third party who claims that material posted by you violates their rights; take appropriate legal action; and terminate or suspend your access. We will cooperate fully with any law enforcement authorities. You waive and hold harmless the Company and its affiliates, licensees, and service providers from any claims resulting from any action taken during or as a consequence of investigations.

Content Standards

User Contributions must comply with all applicable laws and must not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; promote sexually explicit or pornographic material, violence, or discrimination; infringe any IP rights; violate the legal rights of others; deceive any person; promote any illegal activity; cause annoyance; impersonate any person; involve commercial activities; or give the impression they are endorsed by us when not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please email us at info@magenabot.org for instructions on sending us a notice of copyright infringement. It is our policy to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. You must not establish a link from any website that is not owned by you or frame, deep-link, or in-line link without permission. We reserve the right to withdraw linking permission without notice.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them.

Geographic Restrictions

The owner of the Website is based in the State of New Jersey in the United States. We provide this Website for use only by persons located in the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF GOODWILL, OR LOSS OF DATA — WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use shall be governed by and construed in accordance with the internal laws of the State of New Jersey. Any legal suit, action, or proceeding shall be instituted exclusively in the federal courts of the United States or the courts of the State of New Jersey, in each case located in County of Monmouth, Township of Ocean, although we retain the right to bring any suit in your country of residence.

Arbitration

At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New Jersey law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN THE EARLIER OF (X) THE EXPIRATION OF THE APPLICABLE STATUTE OF LIMITATIONS OR (Y) ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Website.

Your Comments and Concerns

This website is operated by Magen Abot Yeshivah, a New Jersey Nonprofit Corporation. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@magenabot.org.

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