1. Acceptance of Agreement.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the 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 Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site may be the copyrighted work of third parties.
3. Service Marks.
"Camp Jacobson at Robin Hood," "www.campjatrh.com," "http://www.campjatrh.com,"and others are Sid Jacobson Jewish Community Center’s service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.
4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No printout or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
5. Restrictions and Prohibitions on Use.
6. No Advice.
Information contained on or made available through this Site is not intended to and does not constitute business, legal, medical, nutritional, dietary, financial, mental health or any other type of advice, recommendations, mediation or counseling under any circumstance. Sid Jacobson Jewish Community Center does not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of information on this Site or materials linked to this Site is entirely at your own risk.
7. Linking to the Site.
You may provide links to the Site, provided (a) your site does not engage in illegal or pornographic activities, and (b) you discontinue providing links to the Site immediately upon request by Sid Jacobson Jewish Community Center.
The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. Sid Jacobson Jewish Community Center is not responsible for the illegality or any error, inaccuracy or problem in any advertisers’ or sponsors’ materials.
Certain sections of, or offerings from, the Site may require you to register. If registration is required and you decide to register, you agree to provide Sid Jacobson Jewish Community Center with accurate, complete registration information. Each registration is for your personal use only and not on behalf of any other person or entity. Sid Jacobson Jewish Community Center does not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
10. Errors, Corrections and Changes.
Sid Jacobson Jewish Community Center does not represent or warrant that this Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. Sid Jacobson Jewish Community Center does not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. Sid Jacobson Jewish Community Center may make changes to the features, functionality or content of the Site at any time. Sid Jacobson Jewish Community Center reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site.
11. Third-Party Content.
Third-party content may appear on the Site or may be accessible via links from the Site. Sid Jacobson Jewish Community Center is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site, or linked to from the Site. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect Sid Jacobson Jewish Community Center’s belief.
12. Unlawful Activity.
Sid Jacobson Jewish Community Center reserves the right to investigate complaints or reported violations of this Agreement and to take any action it deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
You agree to indemnify, defend and hold Sid Jacobson Jewish Community Center and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", 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). THIS SITE’S INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. THIS SITE AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 16(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, SID JACOBSON JEWISH COMMUNITY CENTER AND ITS AFFILIATED PARTIES ARE NOT 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 AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SID JACOBSON JEWISH COMMUNITY CENTER AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
16. Limitation of Liability.
(a) Sid Jacobson Jewish Community Center and its Affiliated Parties shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (1) any errors in or omissions from the Site or any services or products obtainable there from, (2) the unavailability or interruption of the Site or any features thereof, (3) your use of the Site, (4) the content contained on the Site, (5) any files, content or information that is available for download on the Site, that you decide to download from the Site, or (6) any delay or failure in performance beyond the control of Sid Jacobson Jewish Community Center.
(b) THE AGGREGATE LIABILITY OF SID JACOBSON JEWISH COMMUNITY CENTER AND ITS AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100.00 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST SID JACOBSON JEWISH COMMUNITY CENTER AND ANY OF ITS AFFILIATED PARTIES.
17. Use of Information.
18. Third-Party Services.
This Site may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that Sid Jacobson Jewish Community Center 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. Sid Jacobson Jewish Community Center is not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY SID JACOBSON JEWISH COMMUNITY CENTER, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS SID JACOBSON JEWISH COMMUNITY CENTER LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO THIS SITE.
19. Privacy Statement.
You represent and warrant that if you are purchasing something from Sid Jacobson Jewish Community Center or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
21. Links to other Web Sites.
This Site contains links to other web sites. Sid Jacobson Jewish Community Center 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 Sid Jacobson Jewish Community Center. Inclusion of any linked web site on this Site does not imply approval or endorsement of the linked web site by Sid Jacobson Jewish Community Center. If you decide to leave this Site and access these third-party sites, you do so at your own risk.
This Agreement shall be treated as though it were executed and performed in New York, New York, and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 15 and Section 16. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by Sid Jacobson Jewish Community Center in its sole discretion to a third party in the event of an acquisition, sale or merger. 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. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Sid Jacobson Jewish Community Center’s 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. Sid Jacobson Jewish Community Center’s rights under this Agreement shall survive any termination of this Agreement.
Any legal controversy or legal claim arising out of or relating to this Agreement or Sid Jacobson Jewish Community Center services, excluding legal action taken by Sid Jacobson Jewish Community Center to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and Sid Jacobson Jewish Community Center’s services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Sid Jacobson Jewish Community Center may seek any interim or preliminary relief from a court of competent jurisdiction in New York, New York necessary to protect the rights or property of you and Sid Jacobson Jewish Community Center pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.