Last Updated: November 13, 2014
1. This Agreement.
1.1 Acceptance. Please read this Agreement carefully before accessing the Website. In order to use the Website, you must agree to abide by the terms and conditions set forth in this Agreement. By accessing the Website, you indicate that you have read and that you agree to be bound by the terms and conditions set forth in this Agreement. If you do not agree to be bound by this Agreement, you are not authorized to use the Website. Furthermore, you are not authorized to use the Website if (a) you are not of legal age or otherwise do not have the legal capacity to form a binding contract with JFGH, or (b) you are a person barred from using the Website either (i) under the laws of the country in which you reside or from which you are attempting to access the Website, or (ii) due to prior violations of this Agreement.
1.2 Modifications. We reserve the right to modify this Agreement at any time. You agree to review this Agreement periodically to be aware of such modifications. You further agree that your continued use of the Website after any such modifications have been made shall be deemed to be your conclusive acceptance of any modified version of this Agreement. We will indicate that changes to this Agreement have been made by updating the date indicated after “Last Updated” at the beginning of this Agreement or providing some other form of notice. We will be happy to provide you with prior versions of this Agreement upon your written request to us. If you do not agree to abide by the version of this Agreement then in effect, then you are not authorized to use the Website. The current version of this Agreement is accessible via the footer of the Website’s homepage.
2. Donations; Purchases. In order to process donations or other purchases made by you through the Website, you will be asked by us to supply certain payment information, including without limitation, your full name, address and credit card information. You shall provide us with accurate, complete and current information at all times, and comply with the terms and conditions of this Agreement and any ancillary agreement by our credit card settlement provider or otherwise in connection with each such payment made by you. JFGH and/or its credit card settlement provider may store and use your payment information (including credit card information) for processing payments. All fees incurred by you through the Website are final and non-refundable. You are responsible for the payment of any taxes that may apply to any purchases made by you through the Website.
3. Ownership. The Website contains various content which is protected by copyright, trademark and other laws of the United States and/or other jurisdictions. As between you and JFGH, all right, title and interest (including without limitation all copyright, trademark, patent, trade secret and other intellectual property rights) in and to Website (including without limitation all content appearing therein) belongs to JFGH, and you have no rights in and to the Website other than for the limited rights to use the Website as described in this Agreement. Without limiting the foregoing and for the sake of clarity, all third party trademarks appearing on the Website belong to their respective third party owners. No content appearing through the Website may be sold, leased, copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, modified, publicly performed, used in any derivative works based thereon or otherwise used for any public or commercial purpose without the prior written consent of JFGH or, where applicable, our licensors. However, you may print copies of materials on the Website for your personal, noncommercial use only, provided that you must keep intact all copyright, trademark, and other proprietary notices appearing therein and that you use such materials solely in the manner permitted by this Agreement, and never in any manner which competes with JFGH.
4. Third Parties; Linked Sites. Your participation, correspondence and/or business dealings with any third party found on or through the Website, or used in conjunction with information contained on the Website, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. JFGH is not and shall not be responsible or liable in any manner for any loss, damage, or other matter of any sort incurred as the result of any such dealings or otherwise involving such third parties. None of the websites linked to the Website (a “Linked Site(s)”) are under our control and JFGH is not responsible for any charges incurred or for the content of any Linked Site, including without limitation any changes or updates to a Linked Site or the availability of Linked Site. JFGH does not endorse and is not responsible or liable for any advertising, services, products, or other materials on or available through a Linked Site, nor is JFGH responsible for any form of transmission received by you from or through any Linked Site whatsoever, including without limitation any viruses. All of your activity on or in connection with any Linked Site shall be subject to the policies and procedures of the owner of such Linked Site only and not this Agreement.
5. DISCLAIMER OF WARRANTIES. THE WEBSITE IS PROVIDED “AS IS”, “WHERE IS” AND “AS AVAILABLE”, AND YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. SPECIFICALLY, EACH OF THE JFGH PARTIES DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE IN CONNECTION WITH YOUR USE OF THE WEBSITE. NEITHER JFGH NOR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES (EACH SUCH PERSON, COLLECTIVELY WITH JFGH, THE “JFGH PARTIES”) ASSUMES ANY RESPONSIBILITY FOR YOUR USE OF THE WEBSITE INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT PROVIDED THROUGH THE WEBSITE, OR MAKES ANY PROMISE, GUARANTY, OR ANY CLAIM TO SPECIAL EXPERIENCE, INSIGHT, OR EXPERTISE REGARDING ANY CONTENT APPEARING ON THE WEBSITE. NOTHING IN THIS AGREEMENT SHALL CREATE ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION BY ANY OF THE JFGH PARTIES. IN PARTICULAR, EACH OF THE JFGH PARTIES EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS THAT (I) YOUR USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS OR NEEDS, (II) YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS OR OMISSIONS, OR (III) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE WEBSITE WILL BE CORRECTED OR UPDATED.
6. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO EACH OF THE PROVISIONS SET FORTH IN SECTIONS 6.1, 6.2 AND 6.3 BELOW:
6.1 LIMITED LOSSES AND DAMAGES. IN NO EVENT SHALL ANY OF THE JFGH PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE (INCLUDING WITHOUT LIMITATION ARISING OUT OF ANY CONTENT OBTAINED BY YOU THROUGH THE WEBSITE OR ANY TRANSACTION ENGAGED IN BY YOU THROUGH, OR OTHERWISE IN CONNECTION WITH, THE WEBSITE), WHETHER CAUSED BY OR UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION NEGLIGENCE, LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, OR ANY OTHER TANGIBLE OR INTANGIBLE LOSS OR DAMAGE. WITHOUT LIMITING ANY OF THE FOREGOING, NONE OF THE JFGH PARTIES SHALL BE LIABLE FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF (A) ANY RELIANCE PLACED BY YOU ON ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY TECHNICAL, TYPOGRAPHICAL, PHOTOGRAPHIC OR OTHER ERRORS APPERAING ON THE WEBSITE, (B) ANY CHANGES MADE TO THE WEBSITE OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEBSITE (OR ANY FEATURES CONTAINED ON THE WEBSITE), (C) YOUR FAILURE TO PROVIDE US WITH IMMEDIATE NOTICE OF ANY BREACH OF THIS AGREEMENT BY YOU, OR (D) ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WHICH OCCURRED IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, YOUR USE OF THE WEBSITE.
6.2 CAP ON LIABILITY. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ALL OF THE JFGH PARTIES TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE EXCEED ONE THOUSAND DOLLARS ($1,000) OR SUCH OTHER AMOUNT AS REQUIRED BY APPLCIABLE LAW, WHICHEVER IS LESS.
6.3 EXCLUSIONS. THE ABOVE LIMITATIONS OF LIABILITY OF THE JFGH PARTIES IN THIS SECTIONS 5 AND 6 SHALL APPLY WHETHER OR NOT ANY OF THE JFGH PARTIES WAS AWARE OF, OR SHOULD HAVE BEEN AWARE OF, THE POSSIBILITY OF ANY LIABILITIES, LOSSES OR DAMAGES ARISING IN CONNECTION WITH THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 5 OR 6 MAY NOT APPLY TO YOU.
7. Indemnification. You shall indemnify, defend and hold harmless each of the JFGH Parties from all claims, demands, actions, causes of action and/or lawsuits (each, a “Claim” and collectively, “Claims”) and all resulting costs, liabilities, losses, expenses, and damages, actual and consequential, direct and indirect, of every kind and nature, including without limitation reasonable attorneys’ fees and disbursements (collectively, “Losses”), made by any third party or otherwise due to or arising out of your (a) breach of any of your representations, warranties, covenants or obligations under this Agreement, (b) acts of negligence or misconduct arising from or relating to performance under this Agreement, or (c) violation of any law or regulation arising from or relating to performance under this Agreement. Upon the assertion or commencement of any Claim against one or more of the JFGH Parties, you shall assume the control of the defense of such Claim at your sole expense with counsel reasonably acceptable to each such of the indemnified JFGH Parties; provided, however, that each of such JFGH Parties may take part in and/or fully assume such defense, in each such party’s sole discretion and at its own expense, after you assume the control thereof. You shall not enter into any settlement of any Claim which any of the JFGH Parties believes is adverse to its interests, without receiving the prior written consent of each of the JFGH Parties affected by such Claim. In no event shall any of the JFGH Parties be obligated to participate in any settlement which any such party reasonably believes would have an adverse effect on such party’s business interests.
9. Governing Law; Jurisdiction. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Maryland, excluding conflict of laws provisions thereof. You hereby agree that any and all suits arising under or relating to the provisions of this Agreement and by whomever instituted shall be brought only in the State Courts of Maryland located in Montgomery County, Maryland or the United States District Court for Maryland, Southern Division which shall possess exclusive jurisdiction thereof. Your agree to submit to and accept the personal jurisdiction of such courts and to receive service of process therefrom through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
10. TIMELY FILING OF CLAIMS. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITEOR YOUR OTHER INTERACTION WITH US MUST BE FILED BY YOU WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IS CLAIMED TO HAVE ARISEN.
11. Notices. All notices hereunder to us shall be given by certified mail, postage prepaid and return receipt requested, to: Jewish Foundation for Group Homes, Inc., 1500 East Jefferson Street, Rockville, MD 20852, with an electronic copy to email@example.com and to a User by electronic mail to the email address provided by such User. Notice shall be deemed given three (3) days after the date of such mailing, and in the case of notice by electronic mail, upon the sending of such message.
12. Validity; Section Headings. If any provision of this Agreement is held to be invalid, illegal, void or unenforceable by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, and the application of such provision to other persons or circumstances will be interpreted reasonably to effect the intent of the parties. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
13. No Waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or subsequent or similar breaches. If JFGH does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which JFGH has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of JFGH’s rights, and all such rights or remedies shall still be available to JFGH.
14. Survival. The provisions of this Agreement shall survive termination or expiration of your use of the Website to the extent necessary to carry out the obligations of you and JFGH.
15. Contact Us. If you have any questions or concerns regarding the Website, please contact us by e-mail at firstname.lastname@example.org or write to us at Jewish Foundation for Group Homes, Inc., Attn: Website Administrator, 1500 East Jefferson Street, Rockville, MD 20852.