(Revised June 8, 2020)
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THESE TERMS OF SERVICE INCLUDE A BINDING ARBITRATION PROVISION THAT AFFECTS YOUR LEGAL RIGHTS WITH RESPECT TO ANY DISPUTE WITH US (DISCUSSED IN THE “ARBITRATION AND CLASS WAIVER” SECTION BELOW).
- General Terms and Conditions
- Definition of Users
- Uses of the Platform and Key Limitations
- Eligibility to Use PartnersinTorah.org
- Your Promises of Conduct (Acceptable Use)
- Intellectual Property and Copyright
- Key Legal Points
- Contact Info
General Terms and Conditions
Uses of the Platform
The PIT Platform provides users with customizable one-on-one Torah-related mentoring, teaching and learning experience on your schedule. Our experience has shown us that such personalized learning leads to lifelong friendships and builds continuity within the Jewish community, expanding our connection with more than 3,700 years of Jewish culture.
Eligibility to Use PIT
PIT reserves the right to refuse service, terminate your account and/or user access in its sole discretion and without cause.
In order to register with the Site and create an account, or be a user of the Platform, you represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Platform.
Your Promises of Conduct
When signing up for the Platform or using the Platform, you must provide accurate and complete information and keep your User information updated. You shall not:
- select or use as a username a name of another person with the intent to impersonate that person;
- use as a username a name subject to any rights of a person other than you without appropriate authorization;
- use, as a username, a name that is otherwise offensive, vulgar or obscene.
You are solely responsible for the activity that occurs on your account, and for keeping your User password secure. You may never use another person’s User account or registration information for the Platform. You must notify us immediately of any change in your eligibility to use the Platform, breach of security or unauthorized use of your account. You should never disseminate or disclose login information for your account. You shall have the ability to delete your account, either directly or through a request made to one of our employees or affiliates.
By accepting the ToS and using the Platform, you agree not to:
- Engage in any fraudulent activity of any kind.
If PIT permits you to input information into the Platform, you may not (and may not permit any third party to) input any information or content that:
(i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person, including our employees or representative, or contains any computer virus or other malicious software, code, programs or applications that impair, destroy, limit or prevent the operation of computer hardware or software ; (v) is unlawful, defamatory, libelous, threatening, or offensive; (vi) gives rise to civil liability, violates any law, or is otherwise dishonest, inaccurate, inappropriate, malicious or fraudulent; (vii) constitutes an unauthorized commercial communication; (viii) contains the contact information or any personally identifiable information of any third party unless you have first obtained the express consent of said third party to include their contact information or personally identifiable information in your User Submission and that the third party is aware that they may be contacted as a result; and/or (ix) breaches these Terms.
You shall not: (i) take any action that imposes or may impose (as determined by us in our reasonable discretion) an unreasonable or disproportionately large load or burden on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Platform (or other accounts, computer systems or networks connected to the Services); (iv) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the website; (v) harvest or scrape any Content from the Platform; or (vi) otherwise take any action in violation of the ToS.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Platform; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
We also reserve the right to access, read, preserve, and disclose information to the extent necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the ToS, including without limitation, investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to your support requests; or (v) protect the rights, property or safety of us, our users and the public.
Intellectual Property and Copyright.
The contents of the Platform, including the Platform’s look and feel, text, graphics, logos, button icons, images, audio and video clips (if any) and software, as well as the compilation of data aggregated by or in connection with your use of the Platform (“Content”), are the property of Partners in Torah and are subject to the copyright or other intellectual property rights of Partners in Torah and/or to the terms of licenses held by Partners in Torah. Such intellectual property is protected by federal and state law.
Third Party Content
The Platform may from time to time display content that is protected by copyright, and in connection with which the copyright owner has granted us limited use rights (“Copyrighted Materials”). Any copying, downloading, or distribution of use of any Copyrighted Material without the express permission of the Copyright Owner is prohibited, and may result in monetary and other penalties. It’s also just plain wrong.
Subject to the ToS, we grant each user of the Platform a limited, worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of accessing the Site and using the Platform. Any unauthorized use, reproduction, modification, distribution, transmission, republication, display or performance of the content and software on this Platform, or of any products or services sold by or through Partners in Torah, is strictly prohibited. You may copy information from the Platform only as strictly necessary for your own use of the Platform. Otherwise, no portion of the Platform may be reproduced, duplicated, copied, sold, resold, licensed, rented or otherwise exploited for any commercial purpose that is not expressly permitted by us. The commercial use or public dissemination of any information and data gathered from Partners in Torah is strictly prohibited, unless specifically authorized in advance by us in writing. Any violation of the foregoing may subject you to compensatory and punitive damages, and shall specifically also entitle us to equitable relief, in addition to any other available remedies.
You agree that you will not display, post, submit, publish or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) is unlawful, defamatory, libelous, threatening, or offensive; (vi) gives rise to civil liability, violates any law, or is otherwise dishonest, inaccurate, inappropriate, malicious or fraudulent; (vii) constitutes an unauthorized commercial communication; (viii) contains the contact information or any personally identifiable information of any third party unless you have first obtained the express consent of said third party to include their contact information or personally identifiable information in your User Submission and that the third party is aware that they may be contacted as a result; and/or (ix) breaches these Terms.
All Content added, created, uploaded, submitted, distributed, or posted to the Platform by Users (collectively, “User Content”), including without limitation photographic images or multimedia recordings of any type, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent and warrant that you have all rights to provide the User Content and grant the licenses set forth below, to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
License to PIT
You grant to PIT a limited, non-exclusive, non-sublicensable and non-transferable license to use any information disclosed to us, whether it is deemed User Content or information otherwise disclosed. In addition, PIT shall be permitted to aggregate all such information for internal use; provided any such information shall be de-identified.
Availability of Content
We do not guarantee that any Content will be made available on the Platform or through the Services. We reserve the right, in our sole discretion, to (i) remove, edit or modify any Content, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities that such Content infringes or appears to infringe on intellectual property rights owned by others or if we are concerned that you may have violated the ToS), for no reason at all; and (ii) to remove or block any Content from the Platform.
If you believe that any material contained in the Platform infringes your intellectual property, you should notify us of the alleged infringement in accordance with the following procedure: Send any notification of claimed copyright infringement to email@example.com. To be effective, the notification must be in writing and include the following information: (i) physical or electronic signature of the owner or authorized agent of the owner of the allegedly infringed work; (ii) identification of the allegedly infringed work; identification of the material that is claimed to be infringing and reasonably sufficient information for us to locate the material; (iii) contact information of the notifying party, such as address, telephone number and email; (iv) a statement that the notifying party has a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the allegedly infringed work, its agent or the law; and (v) a statement, under penalty of perjury that the information in the notification is accurate and the notifying party is the owner or authorized agent of the allegedly infringed work.
We may terminate your access to all or any part of the Platform with or without cause at any time. All provisions of the ToS which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, all applicable fees owed to PIT, ownership provisions, warranty disclaimers, indemnity and limitations of liability. If we terminate your access to the Platform without cause, your rights to any digital incentives acquired through your use of the Platform will terminate 30 days after such termination without cause.
Account Termination for Cause
Limitations of Liability
Any material downloaded, accessed or otherwise obtained through the Platform, including any digital asset, is obtained at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results therefrom.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, PIT AND ALL OF ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (I) WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE PLATFORM, INCLUDING THE CONTENT, INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF; (II) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; AND (III) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS TO OR USE OF THE PLATFORM. PIT PROVIDES THE PLATFORM AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. WE MAKE NO GUARANTEES OR WARRANTIES OF ANY KIND AS TO THE SECURITY, ADEQUACY, COMPLETENESS, SUFFICIENCY, TIMELINESS OR ACCURACY OF ANY CONTENT OR MATERIAL AVAILABLE IN OR THROUGH THE PLATFORM, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU HEREBY AGREE THAT ANY MONETARY CLAIMS OF ANY KIND ASSESSED AGAINST US OR OUR DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS ARISING OUT OF OR RELATING TO THE USE OF THE PLATFORM SHALL NOT EXCEED (IN AGGREGATE) $500. IN NO EVENT SHALL WE OR ANY OR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS BE LIABLE TO YOU, OR TO ANY THIRD PARTY, FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, COMPENSATORY OR INDIRECT DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), EVEN IF ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER THE CLAIM FOR SUCH DAMAGES IS BASED IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES OR OTHER MALWARE WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. PIT CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE PLATFORM.
You agree to indemnify and hold harmless PIT, our affiliates and each of our and their respective officers, members, directors, agents, and employees, from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your (or any third party using your account or identity in the Platform) use or misuse of the Platform, breach of the ToS, any Platform determined or proposed match, or the materials it incorporates by reference, or violation of any law, regulation, order or other legal mandate or the rights of a third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to and will assist and cooperate with us in asserting any available defenses.
Choice of Law
Arbitration and Class Action Waiver
As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement.
YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. YOU ALSO AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS, IF WE ARE A PARTY TO THE PROCEEDING.
This section will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with the ToS.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of Platform, or the ToS, must be filed within one (1) year after such claim or action arose or be forever banned.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this section will be null and void. This section will otherwise survive the termination of your relationship with us.
Communications with Users
We use email, text/SMS messaging or telephone to communicate with users. You hereby authorize and agree that we may communicate with you via email or text/SMS and you consent to receiving and giving any notice required under the ToS or any other agreement with us via email. We will use reasonable efforts to honor any request you may have to opt out from receiving emails, but under no circumstance will we have any liability for sending any email to the user. Electronic notices should be sent to firstname.lastname@example.org.
You may contact us at email@example.com or at the following address:
Partners in Torah
228 Aycrigg Avenue
Passaic NJ 07055
NOTE: [DIALOG BOX w/CLICK-THROUGH} By clicking “OK” I agree and consent to PIT’s Terms of Service”
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