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AGREEMENT BETWEEN USER AND EAST NORTHPORT JEWISH CENTER Welcome to East Northport Jewish Center (hereinafter "ENJC"). We maintain the www.enjc.net website (hereinafter the "ENJC Web Site") as a service to You. By using our site, you are agreeing to comply with and be bound by the following terms of use, terms, conditions, and notices contained herein. Please review the following terms carefully. This Terms of Use Agreement (hereinafter called the "Agreement") are between ENJC and You, hereinafter called the ("You," "You" or "Your") 1. Acceptance of Agreement You agrees to the terms and conditions outlined in this Agreement with respect to the ENJC Web Site. This Agreement constitutes the entire and only Agreement between the You and ENJC, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the ENJC Web Site, the content, products or services provided by or through the ENJC Web Site, and the subject matter of this Agreement. This Agreement may only be amended by a duly executed signed writing by both You and ENJC. 2. Copyright The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the ENJC Web Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by You of any such matters or any part of the ENJC Web Site, except as allowed by any provision hereafter, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the ENJC Web Site. The posting of information or materials on the ENJC Web Site does not constitute a waiver of any right in such information and materials. The contents of this Web Site, and of all other websites under ENJC's control, whether partial or otherwise (the web site and such other web sites are sometimes collectively referred to as "ENJC Sites") such as text, graphics, images, logos, button icons, software and other Web Site content (collectively, "Web Site Content"), are protected under both United States and foreign copyright, trademark and other laws. All Web Site Content is the property of ENJC or its content suppliers or clients. The compilation (meaning the collection, arrangement, and assembly) of all content on this Web Site is the exclusive property of ENJC and is protected by U.S. and international copyright laws. Unauthorized use of the Web Site Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Web Site Content on any copy you make of the Web Site Content. You may not sell or modify the Web Site Content or reproduce, display, publicly perform, distribute, or otherwise use the Web Site Content in any way for any public or commercial purpose. The use of the Web Site Content on any other web site or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML code that ENJC creates to generate any Web Site Content or the pages making up any ENJC Site, except for those portions that are attributable to outside sources provided free. It is also protected by ENJC's copyright. All contents of the ENJC Web Site are: Copyright 2003, 2004, 2005, 2006 and continuing East Northport Jewish Center and/or its suppliers. All rights reserved. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved. 3. Limited Right to Use The viewing, printing or downloading of any content, graphic, form or document from the ENJC Web Site grants you only a limited, nonexclusive license for use solely by you for your own personal or internal business use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal or internal business use (but not for resale or redistribution). 4. Editing, Deleting and Modification We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the ENJC Web Site. You agree that you will not place any indecent materials/ information, which would offend a person of ordinary sensibilities, or any other materials/ information that would cause harm to ENJC's reputation and business. If you place any such information/ materials on the ENJC Web Site, you understand and agree that the ENJC can block you form accessing the ENJC Web Site and/or institute legal action against you for such damages that ENJC may have incurred. 5. Disclaimer and Limits ENJC warrants and represents that ENJC owns or has right, title and interest to the ENJC Site and Web Site Content to license the ENJC Site and Web Site Content to You. Licensor also warrants and represents that the Web Site contains no viruses, time bombs or other disabling features that in any way may adversely impact Your use of the Web Site. Except as provided herein, THE INFORMATION FROM OR THROUGH THE ENJC WEB SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), TO THE FULLEST EXTENT PERMITTED BY LAW. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, NEITHER PARTY NOR OUR AFFILIATED PARTIES ARE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE ENJC WEB SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE COMPANY DOES NOT WARRANT THAT ANY ENJC SITE WILL OPERATE ERROR-FREE OR THAT ANY ENJC SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY ENJC SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ENJC WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ENJC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ENJC WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE ENJC WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. ADVICE/INFORMATION RECEIVED VIA THE ENJC WEB SITE SHOULD NOT BE RELIED UPON FOR RELIGIOUS ADVICE, KASHRUT, OR RELIGIOUS LEGAL INTERPRETATION, RELIGIOUS LEGAL RESOLUTION YOU SHOULD YOUR RABBI, MARA D'ATRA OR RABBINIC COURT FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. ENJC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE ENJC WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ENJC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ENJC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ENJC WEB SITE, WITH THE DELAY OR INABILITY TO USE THE ENJC WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE ENJC WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE ENJC WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ENJC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ENJC WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ENJC WEB SITE. 6. Use of Information ENJC reserves the right, and You authorize us, to the use and assignment of all information regarding Site uses by You and all information provided by You in any manner consistent with our Privacy Policy as set forth in Section 9. All remarks, suggestions, ideas, graphics, or other information communicated by ENJC to ENJC through the ENJC Web Site (collectively, the "Submission") will forever be the property of ENJC. Without limitation, ENJC will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. ENJC will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to You or any other person sending the Submission. You acknowledge that You are responsible for whatever material you submit, and You, not ENJC, have full responsibility for the material, including its legality, reliability, appropriateness, originality, and copyright. The resale of ENJC services or any other associated services by any means is strictly prohibited. 7. Third-Party Services ENJC's Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of ENJC and ENJC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ENJC is not responsible for webcasting or any other form of transmission received from any Linked Site. ENJC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ENJC of the ENJC Web Site or any association with its operators. You agree that use of such Linked Sites is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY ENJC, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS ENJC LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THE OPERATORS OF THE LINKED SITE(S) OR FOR ANY INFORMATION APPEARING ON THE LINKED SITE(S). ENJC may allow access to or advertise third-party product or service providers ("Merchants") from which You may purchase certain goods or services. You understand that ENJC does not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between You and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY ENJC, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS ENJC LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANTS' SITES. 8. Third-Party Merchant Policies All rules, policies (including privacy policies) and operating procedures of Merchants will apply to You while on such sites. We are not responsible for information provided by You to Merchants. ENJC and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other. 9. Privacy Policy Our Privacy Policy, as it may change from time to time, with or without notice, is a part of this Agreement. You are advised that the Internet is not a secure system. ENJC has taken prudent steps to ensure that the information contained in its database is secure. ENJC reserves the right to monitor and/or terminate the activities of any user when said activities are adversely affecting ENJC services. 10. Links to other Web Sites The ENJC Web Site may contain links to other Web sites. ENJC is not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on ENJC's Site does not imply approval or endorsement of the linked Web site by ENJC. If You decide to leave ENJC's Site and access these third-party sites, You do so at your own risk. Please be aware that ENJC is not responsible for the privacy practices of such other sites. ENJC encourages our users to be aware when they leave ENJC's site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site which includes any co-branded ENJC Web sites 11. Information and Press Releases The ENJC Web Site contains information and press releases about ENJC. While this information was believed to be accurate as of the date prepared, ENJC disclaims any duty or obligation to update this information or any press releases. Information about companies other than ENJC contained in the press release or otherwise, should not be relied upon as being provided or endorsed by ENJC. 12. Choice of Law, Statute of Limitations, Construction, Severability, and Waiver These Terms of Use will be governed by and construed in accordance with the laws of the State of New York, United States of America, without giving effect to its conflict of laws or your actual state or county of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. You acknowledge that New York provides for varying statute of limitations (time in which a claim or lawsuit may be brought). Excluding claims for Intellectual Property Infringement, You agree that all statutes of limitations to bring any claim or lawsuit against ENJC shall be one year. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. ENJC makes no claims that the Materials may be lawfully viewed or accessed outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Use are governed by the internal substantive laws of the State of New York, without respect to its content of law principles. Any controversy or claims relating to this Agreement, as well as any other claim, dispute or issue, shall be submitted to binding arbitration in accordance with the provisions and procedures of the American Arbitration Association. In the event that any dispute is not subject to arbitration, such dispute shall be resolved in a proceeding held in and for the United States District Court for the Eastern District of New York or the Supreme Court of the State of New York, in and for the County of Suffolk, notwithstanding your actual state of residence, by a judge sitting without a jury (the parties having agreed to waive a jury trial), and you irrevocably consent to the jurisdiction of such courts and consent to extra-territorial service of process. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Web Site, a particular "Legal Notice," or Software License or material on particular Web pages, these Terms of Use constitute the entire agreement between You and ENJC with respect to the use of the Web Site. Any change to the terms and conditions contained in this Agreement must agreed to by representatives of both parties and in writing. These Terms of Use constitute the entire Agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by You and ENJC. To the extent that anything in or associated with the ENJC Web Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. 13. Use of Cookies ENJC does not now, but may in the future, use "cookies" "Cookies" are small pieces of information that are stored by Your browser on your computer, and are commonly used by most Web sites to provide You with an enhanced experience if used by ENJC, our cookies will not contain any personally identifying information. Most Web browsers automatically accept cookies, but you can usually change your browser to inform you or prevent the use of cookies. 14. Log Files Like most Web sites, we log the use of our service. This includes, but is not limited to, the type of report being requested and the number of records found that met the search criteria. This information is linked to the individual, logged-on user. ENJC also keeps logs of the Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks in order to administer the ENJC Web Site, track aggregate movement, analyze trends, and gather broad demographic information for aggregate use. 15. Confidentiality We are sensitive to the privacy and security of Your personal information. However, we cannot guarantee absolute security as such information may be transmitted using the Internet, other public telecommunication networks, servers, hardware or software ("systems") that are not owned, operated, or controlled by us. 16. Legal Disclaimer Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a judicial proceeding, a court order, or legal process served to us. 17. Newsletters ENJC does not currently publish online newsletters. If ENJC does, at some time in the future publish an online newsletter, and if a user wishes to subscribe to our newsletter, we request an e-mail address. Out of respect for our users privacy, we enable subscribers to opt-out of these communications by following the Opting-Out practices outlined below. 18. Service Announcements On rare occasions it may be necessary to issue a service related announcement (for instance, if our service is undergoing maintenance). These communications are not promotional in nature and users may not opt-out of these communications. 19. Customer Service Communications At a user's request, we may communicate via e-mail, chat, or telephone to answer service-related questions. 20. Opt-Out Policy Users who no longer wish to receive our newsletter, promotional communications, or survey invitations may opt-out by replying to any received e-mail with "remove" or "unsubscribe" in the subject line or by contacting us as indicated below. 21. Maintaining, Updating, Deleting, or Deactivating Personal Information If a user's personally identifiable information changes (such as zip code, phone, e-mail or postal address), or if a user no longer desires our service, we provide a way to correct, update or delete/deactivate users' personally identifiable information. This can be done by e-mailing ENJC (INFO@ENJC.NET). We may also be reached using the contact information below:
22. Notification of Privacy Policy Changes If we decide to change our privacy policy, we will post notification of those changes to this privacy statement on the home page so users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. Alternatively we may simply notify users that this privacy statement has changed and they should review this agreement again to review said changes. We will use information in accordance with the privacy policy under which the information was collected. If however, we are going to use users' personally identifiable information in a manner different from that stated at the time of collection, we will notify users via e-mail. Users will have a choice as to whether or not we use their information in this different manner. However, if users have opted out of all communication with the ENJC Web Site, or deleted/ deactivated their account, then they will not be contacted, nor will their personal information be used in this new manner. In addition, if we make any material changes in our privacy practices that do not affect user information already stored in our database, we will post a prominent notice on our Web site notifying users of the change. In some cases where we post a notice we will also e-mail users who have opted to receive communications notifying them of the changes in our privacy practices. 23. Contact Information If users have any questions or suggestions regarding our privacy policy, site security, or other item, please contact us at:
24. Acceptable Site Use General Rules: Users may not use any ENJC Site in order to transmit, distribute, store or destroy material, including without limitation Web Site Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful. 25. Site Security Rules Users are prohibited from violating or attempting to violate the security of any ENJC Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any ENJC Site, overloading, "flooding", "spamming", "mail bombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. 26. No Unlawful or Prohibited Use As a condition of your use of the ENJC Web Site, you warrant to ENJC that you will not use the ENJC Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the ENJC Web Site in any manner which could damage, disable, overburden, or impair the ENJC Web Site or interfere with any other party's use and enjoyment of the ENJC Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the ENJC Web Site. 27. Specific Prohibited Uses The Company specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following:
ENJC Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
ENJC has no obligation to monitor the Communication Services. However, ENJC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ENJC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. ENJC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ENJC's sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ENJC does not control or endorse the content, messages or information found in any Communication Service and, therefore, ENJC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ENJC spokespersons, and their views do not necessarily reflect those of ENJC. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials. 28. Submissions You are responsible for Your own communications and are responsible for the consequences of their posting. You must not, and by using any ENJC Site You agree not to, do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at Your own risk. The Company acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company reserves the right to expel users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers. ENJC does not claim ownership of the materials you provide to ENJC (including feedback and suggestions) or post, upload, input or submit to any ENJC Web Site or its associated services (collectively "Submissions"). By submitting content to any public or non-public area of the ENJC Web Site, including message boards, forums, contests and chat rooms, you grant ENJC and its affiliates the loyalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, translate, reformat your Submission, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any other use the right to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content. No compensation will be paid with respect to the use of your Submission, as provided herein. ENJC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ENJC's sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. 29. Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright Infringement If You believe that your copyrighted work has been uploaded, posted or copied to this Web Site and is accessible on this Web Site in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. We have designated the Legal Chairperson as our agent to receive notices of claims of copyright infringement on our web site. You can contact the Legal Chairperson as follows:
30. Policy Regarding Termination Of Users And Account Holders Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others ENJC respects the intellectual property of others, and we ask our users, account holders and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to your use of this Web Site, you agree not to use the ENJC Web Site to infringe the intellectual property rights of others in any way. We will block access to our Web Site of any users, who are repeat infringers of the copyrights or other intellectual property rights of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the user whose access is blocked. We may also institute an action in court against you for damages, and you agree that if a court of competent jurisdiction 31. The Company's Liability Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on the ENJC Site, in the event that You have a dispute with one or more users, You (on behalf of yourself, and all presently or formerly affiliated or related persons or entities, including, but not limited to, my present or former spouse, dependents, heirs, assigns, representatives, agents, successors, creditors, debtors, counsel, administrators or executors (collectively referred to as "You") release ENJC and all presently or formerly affiliated persons or entities, including, but not limited to, any present or former parent corporations, subsidiaries, divisions, affiliated entities, predecessors, employee benefit plans, purchasers of assets of stock, investors, insurers and reinsurers, joint ventures, shareholders, successors, assigns, counsel/attorneys, administrators, heirs, trustees, creditors, debtors, executors, officers, partners, directors, agents, fiduciaries, the employees and representatives of any such entity, and any otherwise related persons and entities, including the individual(s) responsible for working on the ENJC Web Site, and each and all of them (hereinafter collectively referred to as "ENJC"), of and against all liabilities, claims, causes of actions, Charges, complaints, grievances, obligations, costs, losses, damages (actual and consequential, direct and indirect), injuries (actual and consequential, direct and indirect), attorneys' fees, other legal responsibilities or other losses (collectively referred to as "claims"), of any form whatsoever, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Web Site and/or other Sites. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using this Web Site and/or other Sites. The Web Site Content may contain inaccuracies or typographical errors. ENJC makes no representations about the accuracy, reliability, completeness, or timeliness of any ENJC Site or the Web Site Content. The use of ENJC Sites and the Web Site Content is at your own risk. Changes are periodically made to ENJC Sites and may be made at any time. You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on the ENJC Sites. 32. No Resale or Unauthorized Commercial Use You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of any ENJC Site. 33. Termination ENJC reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Web Site and the other ENJC Sites and immediate termination of Your registration with or ability to access this Web Site and the other ENJC Sites and/or any other service provided to You by ENJC, upon any breach by You of these Terms and Conditions or if the Company is unable to verify or authenticate any information You submit to the Web Site or other ENJC Site registration. ENJC reserves the right, in its sole discretion, to terminate your access to the ENJC and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Suffolk County, U.S.A. in all disputes arising out of or relating to the use of the ENJC Web Site. Use of the ENJC Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ENJC as a result of this agreement or use of the ENJC Web Site. ENJC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ENJC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the ENJC Web Site or information provided to or gathered by ENJC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ENJC with respect to the ENJC Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ENJC with respect to the ENJC Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English. 34. Capacity to Consent You hereby state, affirm and attest that you are over the age of 18, possessing full mental capacity to enter into this agreement, and are not under the influence of drugs, alcohol or any other controlled substance that would impair their ability to understand and enter into this agreement. You further state and affirm that you are entering into this agreement of your own free will. If you are under the age of 18, you state, affirm and attest that you have sought and received the permission of your parent or guardian before accessing, viewing and using the ENJC Web Site. |
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328 Elwood Road, East Northport, New York 11731
Rabbi Ian J. Silverman, D.J.S. Chazzan Ralph P. Nussbaum Office Telephone: (631) 368-6474 |