This site and the services offered on it (collectively,
the "System") under the following terms
of service and use (the "Terms"); please
read them carefully. You understand and agree that
the System is provided to you exclusively under these
Terms. By using the System or registering to use the
services offered, you are stating that you have read
and understand the Terms and that you agree to be
bound by them. We reserve the right to terminate your
account at any time for any reason, including if we
learn that you have provided false or misleading registration
information or have violated the Terms.
1. YOUR RESPONSIBILITIES
You are responsible for obtaining and maintaining
all telephone, computer hardware and other equipment
needed for access to and use of the System and all
charges related thereto. You agree not to use the
System to: (a) violate any local, state, national
or international law; (b) stalk, harass or harm another
individual; (c) collect or store personal data about
other users; (d) impersonate any person or entity,
or otherwise misrepresent your affiliation with a
person or entity; and (e) interfere with or disrupt
the System or servers or networks connected to the
System, or disobey any requirements, procedures, policies
or regulations of networks connected to the System.
2. MODIFICATIONS TO TERMS
We reserve the right to make changes to these terms
from time to time without notification. As a user
of the System, you are responsible for being aware
of all terms and conditions of use this System. If
you object to any such changes, your sole recourse
shall be to cease using the System. Continued use
of the System following notice of any such changes
shall indicate your acknowledgement of such changes
and agreement to be bound by the terms and conditions
of such changes.
3. MODIFICATIONS TO SYSTEM
We reserve the right to modify or discontinue the
System with or without notice to you. We shall not
be liable to you or any third party should we exercise
its right to modify or discontinue the System. If
you object to any such changes, your sole recourse
shall be to cease using the System. Continued use
of the System following notice of any such changes
shall indicate your acknowledgement of such changes
and satisfaction with the System as so modified.
4. PRIVACY
As part of the registration process, you will be asked
to provide certain personal information to us. All
uses of your personal information will be in accordance
with the provisions of the Privacy Policy.
5. YOUR ACCOUNT, PASSWORD
AND SECURITY
You are responsible for maintaining the confidentiality
of your username and password, and you are solely
responsible for all activities that occur under your
username and password. We recommend that you memorize
this information, and not write it down. You agree
to immediately notify us of any unauthorized use of
your username and password or any other breach of
security related to the System. WE CANNOT AND WILL
NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM
YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USERNAME
AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS
SECTION.
6. THIRD PARTY CONTENT AND MONITORING
We are a distributor (and not a publisher) of content
supplied by third parties and users of the System.
Accordingly, we have no editorial control over such
content. Any opinions, advice, statements, services,
offers, or other information or content expressed
or made available by third parties, including information
provided by other users of the System, are those of
the respective author(s) or distributor(s) of that
information and not of us. We neither endorse nor
are responsible for the accuracy or reliability of
any opinion, advice, information, or statement made
on the System by anyone other than authorized spokespersons
while acting in their official capacities. We have
the right, but not the obligation, to monitor and
review the content on the System and your account
to determine compliance with these Terms and any other
operating rules established by us, to satisfy any
law, regulation or authorized government request,
or for other purposes.
7. DEALINGS WITH PARTNERS
AND ADVERTISERS
Your correspondence or business dealings with, participation
in promotions of, or purchase of goods and/or services
from our partners, advertisers or sponsors found on
or through the System, including payment and delivery
of goods or services, and any other terms, conditions,
warranties or representations associated with such
dealings, are solely between you and such partner(s),
advertiser(s) or sponsor(s). Subject to our secure
shopping guarantee, YOU AGREE THAT WE SHALL NOT BE
RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY
SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS,
OR AS THE RESULT OF THE PRESENCE OF SUCH PARTNERS,
ADVERTISERS OR SPONSORS ON THE SYSTEM.
8. LINKS
Provision of a link to any other Website or location
is for your convenience and does not signify our endorsement
of such other site or location or its contents. WE
SHALL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE,
OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION,
OR SOURCE OF INFORMATION, OR FOR YOUR USE OF SUCH
INFORMATION.
9. TERMINATION
You agrees that we, in our sole discretion, may terminate
your password, account (or any part thereof) or use
of the System, and remove and discard any information
posted by you on the System, for any reason, including,
without limitation, if we believe that you have violated
or acted inconsistently with the letter or spirit
of the Terms. You agree that we may terminate your
access to the System without prior notice, and you
acknowledge and agree that we may immediately deactivate
or delete your account and all related information
and files in your account and/or bar any further access
to such files or the System. FURTHER, YOU AGREE THAT
WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY TERMINATION OF YOUR ACCESS TO THE SYSTEM. You
may discontinue your participation in and access to
the System at any time.
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SYSTEM IS AT YOUR
SOLE RISK. THE SYSTEM IS PROVIDED ON AN "AS IS"
BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT
WITH RESPECT TO THE SYSTEM. WE MAKE NO WARRANTY THAT
THE SYSTEM WILL MEET YOUR REQUIREMENTS, OR THAT THE
SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR
FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SYSTEM OR
AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH THE SYSTEM OR THAT DEFECTS IN THE
SYSTEM WILL BE CORRECTED. YOU UNDERSTAND AND AGREE
THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION.
WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH THE SYSTEM OR ANY TRANSACTIONS
ENTERED INTO THROUGH THE SYSTEM. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WE OR
THROUGH THE SYSTEM SHALL CREATE ANY WARRANTY NOT EXPRESSLY
MADE HEREIN.
11. LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER
APPLICABLE LAW, IN NO EVENT WILL WE, OUR OFFICERS,
EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES,
AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES
WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR
(OR ANYONE USING YOUR ACCOUNT'S) USE OF THE SYSTEM.
12. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain
warranties or the limitation or exclusion of liability
for incidental or consequential damages. Accordingly,
some of the above limitations and disclaimers may
not apply to you. To the extent that we may not, as
a matter of applicable law, disclaim any implied warranty
or limit its liabilities, the scope and duration of
such warranty and the extent of our liability shall
be the minimum permitted under such applicable law.
13. INDEMNIFICATION
You agree to indemnify, defend and hold harmless,
us, our parents, subsidiaries, affiliates, officers,
directors, co-branders or other partners, employees,
consultants and agents from and against any and all
third-party claims, liabilities, damages, losses,
costs, expenses, fees (including reasonable attorneys'
fees) that such parties may incur as a result of or
arising from (1) any information you (or anyone using
your account) submits, posts or transmits through
the System, (2) your (or anyone using your account's)
use of the System, (3) your (or anyone using your
account's) violation of these Terms, (4) your (or
anyone using your account's) violation of any rights
of any other person or entity or (5) any viruses,
Trojan horses, worms, time bombs, cancelbots or other
similar harmful or deleterious programming routines
input by you into the System.
14. COPYRIGHT AND TRADEMARKS;
RESTRICTIONS ON USE
The content of the System (the "Content"),
including without limitation, text, software, photos,
and graphics, is copyrighted by us and/or our licensors
under United States and international copyright laws,
is subject to other intellectual property and proprietary
rights and laws, and is owned by us or our licensors.
Certain of the names, logos, and other materials displayed
in the System constitute trademarks, trade names,
service marks or logos ("Marks") of ours
or other entities. You are not authorized to use any
such Marks. Ownership of all such Marks and the goodwill
associated therewith remains with us or those other
entities. All use of the Content and Marks is subject
to the restrictions in our copyright notice.
15. LICENSE
You hereby grant to us a worldwide, perpetual, irrevocable,
royalty-free, sublicenseable right, in any media now
known or currently known, to exercise all copyright
rights with respect the content you provide to us
to be published on your gift registry, personal Wedding
pages or otherwise through the System. The foregoing
does not apply to content contained on hyperlinked
pages or any other content you do not submit to us.
16. MISCELLANEOUS
The Terms together with our privacy policy constitute
the entire and exclusive and final statement of the
agreement between you and us with respect to the subject
matter hereof, and govern your use of the System,
superseding any prior agreements between you and us
with respect to the subject matter hereof. The Terms
and the relationship between you and us shall be governed
by the laws of the State of California as applied
to agreements made, entered into and performed entirely
in California by California residents, notwithstanding
your actual place of residence. All lawsuits arising
out of the Terms or out of your use of the System
shall be brought in the Federal or state courts located
in California and you and we hereby irrevocably submit
to the exclusive personal jurisdiction of such courts
for such purpose. The failure of us to exercise or
enforce any right or provision of the Terms shall
not constitute a waiver of such right or provision.
If any provision of the Terms 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
the Terms remain in full force and effect. You agree
that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related
to use of the Systems or the Terms must be filed within
one (1) year after such claim or cause of action arose
or be forever barred. The section titles in the Terms
are for convenience only and have no legal or contractual
effect.
17. SURVIVAL
The terms of Sections 11 through 18 as Well as any
other limitations on liability explicitly set forth
herein shall survive the expiration or earlier termination
of the Terms for any reason. We (and our licensors')
proprietary rights (including any and all intellectual
property rights) in and to the Content and the System
shall survive the expiration or earlier termination
of the Terms for any reason.
18. VIOLATIONS
Please report any violations of the Terms to our customer
service group at sales@alefjudaica.com