TERMS AND CONDITIONS OF
Acceptance of Terms
Use of This Website
The Services provided by the Company shall include automated email notices to recipients who wish to receive reminders of yearly observances based on the Jewish calendar. The Website permits you to create an account, through which you may enter and store your and others’ email addresses and the names and dates of individuals’ deaths, so that the Website may generate automatic reminders to your chosen email recipients on an annual basis.
All right, title, and interest in and to the Company’s Website, its content and services, including all intellectual property rights which subsist on or in the Website, are and will remain the exclusive property of the Company and its licensors. The content available on this Website, including without limitation site design, text, video, music, sound, animation, graphics, interfaces, and the selection of arrangements thereof, along with other materials accompanying such content are owned exclusively by the Company with all rights reserved and protected by copyright, patent, trademark, trade dress, service mark and/or other proprietary rights; or is the property of third parties protected by intellectual property rights. You may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use any content appearing on this Website; and you may not copy or modify the HTML and/or any other code used to generate web pages, graphics, and/or content on this Website. You agree not to interfere with the security of, or otherwise abuse this Website or any system resources, services or networks connected to or accessible through this Website. You agree not to attempt illegal or unauthorized entry into our computer system, to attempt to access sensitive system information, to access or track the information of other users, or to use the Website for any other illegal or unauthorized activity, including but not limited to downloading or copying of accounting information for merchants, or use of data mining, robots, or similar data gathering and extraction tools. In order to access some features of the Website, you will need to register on the Website, creating an account (an “Account”). You agree not to use another’s Account without permission. When creating your Account, you agree to provide accurate and complete information. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to your identity.
You are granted temporary, non-exclusive access to the Company’s Website that will last so long as this Agreement is not terminated by the Company or violated by you, you continue to provide payment as required for the Company’s services in a timely manner, and you continue to abide by the terms of this Agreement.
Third-Party Advertisers and Links
We may allow third parties, including our authorized service providers, advertising companies and ad networks, to display advertisements on our site. Our website does not provide any personal information to these third parties, but these companies may use tracking technologies, such as cookies, to collect information about users who view or interact with their advertisements. This information allows them to deliver targeted advertisements and gauge their effectiveness and you hereby consent to such tracking technologies, including cookies used by third party advertisers.
Responsibility for Account Use and Content
You are responsible for everything that happens in your Account, including the email addresses that are added, imported and stored, the accuracy of the names and dates of death inputted, and the accuracy of the content disseminated to recipients. You agree to take full responsibility for any and all content distributed through your Account and to abide by all pertinent laws. If the Company shall have any reason to believe you have violated any laws in the course of your use of the Services, the Company may suspend or cancel your Account immediately and without warning.
If you wish to cancel your account or request that we no longer use your information to provide you services, contact us at email@example.com. We also will retain and use your information as necessary to comply with our legal obligations, resolve disputes, enforce agreements and protect our rights.
Payment; Pricing; Sales Tax
Unless provided otherwise in writing, payment for Services shall be made in full by you on a month-to-month basis. Delinquent payment, if any, shall accrue interest at 1% per month until paid. For this purpose, a partial calendar month shall be treated as a full month. All fees and expenses, including reasonable attorneys’ fees, incurred by the Company in collecting any delinquent payments shall be fully reimbursed by you to the Company. You agree to pay through your PayPal account (and set up such an account if you do not already have one) and all processing and security considerations regarding payment shall be overseen by PayPal exclusively. The Company does not collect or retain your payment info, and thus cannot directly guarantee its security. By choosing to purchase the Company’s Services, you authorize the Company to charge your PayPal account for the total amount of the purchase price. No refunds will be given, except as described herein. The Company may also charge your PayPal account for amounts due following cancellation as described below. You agree that PayPal may store and later use your payment information for recurring monthly payments, if you so authorize. The Company, through PayPal, may offer an “auto-renewal” option to you, by which you may automatically be debited each month for the cost of the Company’s Services. The terms and mechanics of such auto-debit shall be determined and enforced by PayPal exclusively. Prices and offers may vary and are subject to change. The Company will collect sales tax where required by law. In all jurisdictions, you should consult the appropriate tax authorities in order to comply with applicable law. To the extent that sales or use tax shall be imposed by any applicable jurisdiction for purchase of Services or use of the Website hereunder, the obligation to pay such sales and/or use tax shall rest upon you, unless the Company has collected from you such sales or use tax.
By choosing to use this Website, you agree to indemnify, defend and hold harmless the Company, its affiliates, officers, owners, agents, partners, joint venturers, employees and licensors from any and all claims or damages (including reasonable attorneys’ fees) made by third parties due to, or arising out of your use of, or connection to, the Company and/or its services; the Website; your violation of this Agreement; or your violation of any rights of another. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, You agree to cooperate with the Company’s defense of such claim. The Company may deduct its costs of obtaining any recovery from the amount of the recovery (including, without limitation, reasonable attorneys’ fees and all other costs). The rights granted to you herein are expressly made subject to full and strict compliance by you with all of the provisions of this Agreement.
Privacy and Security
You are cautioned that any online communications may not be fully confidential and secure. In addition, you should be aware that federal and state regulations may not protect electronic communications. You should be aware that some administrative personnel at the Company may, in the course of their regular duties, have access to communications for technical or operational purposes. The Company may also disclose any communications to the extent permitted or required by law, when required in order to resolve disputes between You and the Company, or when we believe in our sole and exclusive discretion that such communication is probative to any past or future violation of law.
Disclaimers and Limitation of Liability
By using the Website, you expressly agree that use of the Website is at your sole risk. The Website IS provided on an "AS IS" and "as available" basis. Neither the Company nor its affiliates, subsidiaries, JOINT VENTURERS, or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Associates") warrant that use of the Website will be uninterrupted or error-free, OR THAT THE website will not be accessed or compromised by third-party hackers. The entire risk as to the quality and performance of the Website and its content is assumed by You and, therefore, neither the Company nor its Associates are responsible if the Website goes down or content is lost. Neither the Company nor its Associates warrant the accuracy, integrity or completeness of the content provided on the Website or the products or services offered on the Website. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE which MAY BE INCURRED BY YOU AS A RESULT OF THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE WEBSITE. Further, the Company makes no representation that content provided on the Website is applicable to, or appropriate for use in, locations outside of the United States. The Company and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by the Company or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitations or exclusions may not apply to You. In any jurisdiction that does not allow for the limitations or exclusions of certain warranties, the liability of the Company or any of its Associates shall be limited to the maximum extent permitted by law.
The Company’s entire liability and your exclusive remedy, under any claims arising out of your use of the Website shall be for a refund of the fee actually paid by You to the Website, provided that, upon a request to firstname.lastname@example.org, the Company determines in its sole and absolute discretion that you have been unable to make satisfactory use of the Website. UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE WEBSITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. The foregoing limitation of liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of the Company has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through the Website. Some states do not allow the exclusions or limitations of incidental or consequential damages, so the above limitations or exclusions may not apply to you. In any jurisdiction that does not allow for the limitations or exclusions of liability for incidental or consequential damages, the liability of the Company or any of its Associates shall be limited to the maximum extent permitted by law. You acknowledge that certain of the services provided by the Company are reliant upon the services and equipment of third party providers over which it exercises no control. Accordingly, you agree that the Company shall not be responsible for disruptions in service when same is caused by such third party provider.
Duration; Cancellation; Refunds
Your use of the Services shall be on a month-to-month basis with no future obligation on your part to use the Company’s Services. Further, no refunds shall be given by the Company once a monthly installment has been paid unless the Services are terminated by the Company without any violation of this Agreement by you. In the event of same, the Company shall provide You with a pro rata refund proportional to the period of time remaining in a given month. The Company shall not be liable for refunding any fees incurred by you for services provided by PayPal.
The Company is not responsible for disruptions in Website service because of an event of Force Majeure, and in such event, the Company shall have the right to suspend performance of services relating to the Website or to cancel such services without penalty. You may cancel the services if the Company shall suspend them for more than thirty (30) days. Force Majeure shall include strike, lockout, and other labor relation issues; inability to obtain necessary supplies, material, and equipment to maintain the Website; traffic and transportation disruptions; riots and civil disturbances; acts of terrorism, natural disasters or fires; thefts; government suspensions and prohibitions; cyber-attacks; and all other matters beyond the control of the Company.
Dispute Resolution; Choice of Law
In the event of any dispute between you and the Company arising out of, under or in connection with the Website, such dispute shall be adjudicated exclusively before the Courts located in the State of New York with venue in Nassau County, New York. You hereby irrevocably submit to the personal and exclusive jurisdiction of the Supreme Court of the State of New York located in Nassau County. In the event that the Company shall prevail in any such proceeding, You shall be responsible for reimbursing the Company its fees and expenses incurred with respect to the lawsuit, including reasonable attorneys’ fees. Nothing herein shall be construed to prevent a party from obtaining provisional relief from any court of applicable jurisdiction. Use of the Website shall be governed by New York law and the applicable federal laws of the United States of America without regard for its conflict of law provisions. You waive any claim or defense in any action or proceeding based upon alleged lack of personal jurisdiction, improper venue or forum non convenience or any similar basis, to the extent permitted by law. You consent to service of any required notice or process upon you by e-mail or by national overnight courier, addressed to the last address contained in the membership information that you provide to us via the Website. Notwithstanding the foregoing, nothing herein shall affect the Company’s right to effect service of process in any other manner permitted by law or to bring any legal proceeding (including, without limitation, a proceeding for enforcement of a judgment entered by any court) against You in any other competent court or jurisdiction to which You may otherwise be subject.
This Agreement shall be governed by and interpreted under New York law. Any action arising out of or relating to this Agreement shall be resolved by binding arbitration, which shall be conducted in New York City under the commercial rules of the American Arbitration Association (“AAA”). If the parties shall unanimously agree, they may select an arbitrator. If not, an arbitrator shall be appointed by the AAA as per its applicable rules. The decision of the arbitrator shall be final, conclusive and binding upon the parties and enforceable in any court of applicable jurisdiction. Costs associated with the arbitration shall be borne by the party whose position did not prevail in such arbitration. No class action or other collective litigation or dispute resolution method shall be permitted under this Agreement. In any event, YOU AGREE TO WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY.
Waiver; Severability of Terms; Ambiguity
The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement shall remain in full force and effect. You agree and declare that it is the intention of the parties that each would have executed such remaining terms, provisions, covenants and restrictions without including any of such as may be hereafter declared invalid, void or unenforceable. Any alleged uncertainty or ambiguity in this Agreement shall not be construed for or against a party based on attribution of drafting to said party.
You agree that regardless of any statute or law to the contrary, any claim arising out of or related to this Agreement or the use of this Website must be filed within one (1) year after such claim arose or be forever barred.
Entire Agreement; Amendment
If you have concerns relating to this Agreement, please contact the Company at email@example.com.
This version of the Terms and Conditions was last updated on October 3, 2014. Copyright 2014. Quality Planners Incorporated. All rights reserved.