Terms of Service and Conditions of Use
This agreement (“Agreement”) sets forth the following terms of service and conditions of use which govern all uses of the Hamodia.com website (“Website”) and all content, services and products available at or through the Website.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions in this Agreement. If you do not agree to all the terms and conditions in this Agreement, then you may not access the Website or use any of Hamodia’s goods or services. If these terms and conditions are considered an offer by Hamodia, acceptance is expressly limited to these terms as set forth in this Agreement.
To use or to participate in certain of the activities, features, functions or services on the Website, you may be requested to provide certain information about yourself, including your name and contact information (“Personal Information”). We may also obtain non-personal information regarding your use of the Website to protect the security of other visitors to the Website or to make the Website’s content more useful for all visitors.
Hamodia is not liable or responsible for any claims relating to any inaccurate, untimely, false or incomplete information provided to us, or from your failure to fully comply with any provision of this Agreement. If necessary, and in accordance with applicable law, we will cooperate with local, state and/or federal authorities to protect the Website, visitors to the Website, or Hamodia and to prevent the unauthorized use of the Website.
2. Registration to Use Website Features. Registration may be required for certain Website features, functions or services and you may be required to provide a user name and password. You are responsible for maintaining the confidentiality of your password or account information. You further agree to indemnify and hold us harmless for any improper or illegal use of your password by you.
3. Non-Personal Information. Any non-personal information provided by you, whether by e-mail or other transmission to the Website, including, but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas and the like, shall be deemed to be non-confidential and will not be protected from disclosure. Hamodia shall be free to use, reproduce, disclose and distribute non-confidential and non-personal information to others without liability or restriction. You hereby grant us an irrevocable transferable, fully paid up, royalty-free, perpetual, non-exclusive worldwide license to use, copy, print, display, modify, publish, reproduce, transmit, edit, distribute and otherwise exploit the non-personal or non-confidential information sent to us, and to create and exploit derivative works therefrom, in any form, medium, or technology now known or later developed, for any purpose whatsoever, with or without attribution to you.
5. Payment for Products and Services. Optional products or paid services such as subscriptions are or may be available through the Website. By selecting any product or service for which payment is required you agree to pay Hamodia the cost or fee specified for that product or service. Payments will be charged on a pre-pay basis on the day you purchase or sign up for the use of the service.
6. Automatic Renewal of Subscriptions. Unless you notify Hamodia before the end of the applicable subscription period that you want to cancel a subscription purchased through the Website, the subscription will automatically renew and you authorize us to collect the then-applicable subscription fee (as well as any applicable taxes) using any credit card or other payment mechanism we have on record for you.
7. Copyright. As Hamodia asks others to respect our intellectual property rights, we respect the intellectual property rights of others. If you have a good faith belief that any content on the Website infringes your copyrighted work, you may notify us in accordance with the requirements set forth in the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, and request that we remove or block access to the infringing content. Your request must include the following:
- identification and description of the copyrighted work claimed to have been infringed.
- identification and location on the Website of the allegedly infringing content.
- statement by you that you have a good faith belief that the allegedly infringing content is not authorized by the copyright owner;
- a statement by you, under penalty of perjury, that the information in your request is accurate and that you are either the copyright owner or authorized to act on behalf of the copyright owner; and
- your signature or the signature of a person authorized to act on your behalf.
Hamodia will respond to all such notices, and will take action if required or appropriate, including by removing the alleged infringing material or disabling all links to the infringing material. Hamodia may terminate your access to and use of the Website if, under appropriate circumstances, we determine that you are a repeat infringer of the copyrights or other intellectual property rights of Hamodia or others. In the case of such termination, Hamodia will have no obligation to provide a refund of any amounts previously paid to Hamodia.
If you have a good faith belief faith that a notice of copyright infringement has been wrongfully filed against you because of content posted on the Website, the DMCA allows you to send us a counter-notice. Notices and counter-notices must meet the statutory requirements imposed by the DMCA Notices and counter-notices should be sent to:
207 Foster Avenue
Brooklyn, NY 11230
8. Other Intellectual Property. Content on the Website is provided by Hamodia, its licensors, affiliates, agents and other sources, and is protected by copyright, trademark, service mark, patent, trade secret, or other proprietary rights and laws. Except as expressly authorized by us, you are prohibited from copying, reproducing, republishing, uploading, posting, transmitting, distributing, selling, licensing, renting, publicly displaying or performing, editing, adapting or creating a derivative work of any content, feature, or other element obtained from the Website, including code and software, without our express written permission. Requests for such permission shall be sent by e-mail to: email@example.com. The decision to grant or deny permission is within our sole discretion. Notwithstanding the above, you may print or download content from the Website solely for your personal non-commercial use.
All trademarks, service marks and trade names of Hamodia, including but not limited to HAMODIA: HAMODIA in Hebrew; INYAN; and BINYAN are trademarks or registered trademarks of Hamodia (collectively “Marks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Marks in any way, including in advertising or publicity pertaining to the materials or content on the Website without our prior written consent. The use of Marks on any other website or network computer environment is not allowed. Other trademarks, service marks, graphics and logos used on or in connection with the Website may be the trademarks of third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Hamodia or third-party trademarks.
9. Advertisements. Hamodia reserves the right to display advertisements on the Website.
10. Attribution. Footer credits and the Hamodia.com toolbar may not be removed ever.
11. Third Party Links. Hamodia does not represent or endorse the accuracy or reliability of any facts, advice, opinions, statements or other information provided by third parties either on the Website or through websites linked to the Website. You acknowledge that any reliance upon any such facts, advice, opinions, statements or other information shall be at your sole risk and you agree that we shall not be held responsible or liable directly or indirectly, for any loss, harm or damage caused or alleged to have been caused in any way related to any facts, advice, opinions, statements or other information displayed on or linked through the Website.
12. Service Providers. Certain features or functions of the Website may be hosted, managed, maintained and/or processed by or through third party service providers. In using any of these features or functions, your internet browser may automaticall be directed to and opened by a third party website and/or your Personal Information may be furnished to a third party service provider for processing (including, without limitation, the processing of your credit card information) and storage. Hamodia makes no representations about the content, functionality or practices of such third party sites or third party service providers, and disclaims any and all warranties, express or implied, with respect thereto. Unless explicitly stated on the Website, we shall not be responsible for the privacy or other practices of third party service providers, or the acts or omissions of any third party service provider.
13. International Users. The Website is controlled, operated and administered from within the United States. Hamodia makes no representation that the Website or content on the Website is appropriate or available for use outside the United States, and access to the Website where the Website or the content on the Website is illegal is prohibited. If you access the Website from outside the United States, you are responsible for compliance with all applicable local laws and regulations.
14. Changes to the Agreement. Hamodia reserves the right, at our sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Hamodia may also, in the future, offer new services and/or features through the Website. Such new features and/or features through the Website. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
15. Termination. Hamodia may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Hamodia.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
16. DISCLAIMER OF WARRANTIES. THE WEBSITE IS PROVIDED “AS IS”. HAMODIA AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR INFORMATION PROVIDED ON THE WEBSITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE. THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NEITHER HAMODIA NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT THE WEBSITE WILL BE ERROR FREE, FREE FROM COMPUTER VIRUS, OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HAMODIA OR AN AUTHORIZED REPRESENTATIVE OF HAMODIA SHALL CREATE A WARRANTY. NO NEWS ITEMS, PRESS RELEASES, CASE STUDIES OR TESTIMONIALS PUBLISHED ON OR ACCESSIBLE THROUGH THE WEBSITE SHALL CREATE A WARRANTY. YOU UNDERSTAND THAT YOU DOWNLOAD FROM OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH THE WEBSITE AT YOUR OWN DISCRETION AND RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE.
17. LIMITATIONS OF LIABILITY. ALTHOUGH THE INFORMATION PROVIDED ON THE WEBSITE IS OBTAINED OR COMPILED FROM SOURCES HAMODIA BELIEVES TO BE RELIABLE, HAMODIA CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO VISITORS OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAMODIA IS NOT AND SHALL NOT BE LIABLE FOR OR HAVE RESPONSIBILITY OF ANY KIND TO ANY VISITOR FOR ANY INJURY (WHETHER A COMMERCIAL INJURY OR OTHERWISE). LOSS OR DAMAGES THAT A VISITOR INCURS, INCLUDING WITHOUT LIMITATION, IN THE EVENT OF (A) ANY FAILURE OR INTERRUPTION OF THE WEBSITE; (B) ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED IN MAKING THE WEBSITE OR THE DATA CONTAINED HEREIN AVAILABLE TO VISITORS, (C) ANY OTHER CAUSE RELATING TO A VISITOR’S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THE WEBSITE OR CONTENT ON THE WEBSITE; (D) ANY VISITOR’S INTERACTION OR SUBMISSION ON THE WEBSITE; OR (E) ANY VISITOR’S FAILURE TO COMPLY WITH THIS AGREEMENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF HAMODIA. IN NO EVENT SHALL HAMODIA OR ITS SUPPLIERS OR LICENSORS BE LIABLE TO ANY VISITOR WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF HAMODIA OR THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF; (B) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (C) INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA ; OR (D) ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO HAMODIA UNDER THIS AGREEMENT DURING THE 12 MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. HAMODIA SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND OUR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
PLEASE BE ADVISED THAT ONCE YOU LEAVE THE WEBSITE, HAMODIA SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES, OR PRIVACY PRACTICES OF THE OTHER SITES, OR ANY LOSS OR DAMAGE THAT COULD RESULT FROM LEAVING THE WEBSITE.
18. Release. In the event that you have a dispute with one or more other users of the Website, you release Hamodia and our officers, shareholders, directors, employees, agents, successors and assigns from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
19. Security. You agree to cooperate with any efforts that Hamodia may, in our sole discretion, deem necessary to identify and take actions against possible fraudulent activities. You further agree that if, for any reason, you are suspected of fraud or other breach of this Agreement, we may, in our sole discretion declare you to be in breach of this Agreement, suspend your use of the Website, terminate your use of the Website and/or seek prosecution against you to the fullest extent of the law.
20. Entire Agreement. This Agreement constitutes the entire agreement between Hamodia and you concerning the subject matter hereof. This Agreement may only be modified by a written amendment signed by an authorized executive of Hamodia, or by the posting by Hamodia of a revised version of this Agreement on the Website.
21. Governing Law. Except as provided otherwise by applicable law, this Agreement and access to or use of the Website will be governed by the laws of the State of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to this Agreement or the Website will be the state and federal courts located in Kings County, New York.
22. Arbitration. Except for claims for injunctive or equitable relief of claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in New York City, in the English language and the arbitral decision may be enforced in any court.
23. Attorneys’ Fees and Costs. The prevailing party in any court action or arbitration proceeding to enforce this Agreement shall be entitled to its costs and reasonable attorneys’ fees.
24. Validity. If any part of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
25. Waiver. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
26. Assignability. You may assign your rights under this Agreement to any party that consents to and agrees to be bound by its terms and conditions. Hamodia may assign its rights under this Agreement without condition.
27. Binding. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
28. Additional Assistance. If you do not understand any of these Terms of Service and Conditions of Use or if you have any questions or comments concerning these Terms of Service and Conditions of Use or the Website, please contact us at firstname.lastname@example.org.
IF YOU DO NOT AGREE TO ALL OF THE FOREGOING TERMS OF SERVICE AND CONDITIONS OF THIS AGREEMENT, OR ARE NOT AUTHORIZED TO AGREE TO THIS AGREEMENT, PLEASE EXIT THE WEBSITE.