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Terms of Use

TERMS OF USE

 

Effective Date:  4/11/2024
 

This is an agreement between The Jewish Federation of Greater Indianapolis (JFGI) and users of the Jewish Federation of Greater Indianapolis’ sites, software, applications, content, products and services (“The Jewish Federation of Greater Indianapolis   Services”), which may be branded as Jewish Federation of Greater Indianapolis, JFGI or another brand owned or licensed by the Jewish Federation of Greater Indianapolis. Throughout these Terms and Conditions of Use (“Terms”), “JFGI,” “we,” “our,” or “us” refers to THE Jewish Federation of Greater Indianapolis. “You” or “your” refers to anybody using our Jewish Federation of Greater Indianapolis Services. These Terms apply to any Jewish Federation of Greater Indianapolis site that links to these terms. These terms govern your use and our provision of the Jewish Federation of Greater Indianapolis.  Services on which these terms are posted, as well as Jewish Federation of Greater Indianapolis.  Services we make available on third-party sites and platforms if these terms are disclosed to you in connection with your use of the Jewish Federation of Greater Indianapolis Services. 

 

PLEASE READ THESE TERMS CAREFULLY BEFORE USING Jewish Federation of Greater Indianapolis SERVICES. BY USING Jewish Federation of Greater Indianapolis SERVICES YOU AGREE TO BE BOUND BY THESE TERMS. PLEASE NOTE THAT WE MAY CHANGE THESE TERMS FROM TIME TO TIME.

 

These Terms and the Privacy Policy (https://www.jewishindianapolis.org/privacy-policy) collectively constitute the entire agreement with respect to your access to and use of Jewish Federation of Greater Indianapolis Services.

 

If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.

 

Your Agreement to These Terms

 

By using our Jewish Federation of Greater Indianapolis Services, you acknowledge and agree that you, on your own behalf and on behalf of any corporation or other legal entity that you represent or for which you access Jewish Federation of Greater Indianapolis Services (your “Company”), have read these Terms. You agree that all disputes with us will be resolved through arbitration (as discussed below). You accept and agree to be bound by these Terms. If you do not agree to these Terms, you are not authorized to use Jewish Federation of Greater Indianapolis Services.

 

Our Jewish Federation of Greater Indianapolis Services are for adults and not intended for people under 13. We do not knowingly collect or store any personal information about children under 13 years of age, unless provided by a parent, guardian, or other adult seeking our services on behalf of a child.

 

Information on any Jewish Federation of Greater Indianapolis website is provided with the understanding that JFGI is not rendering professional advice or recommendations. You should not rely on any information on these pages to replace consultations with qualified professionals to meet your individual needs. JFGI also reserves the right to do any of the following, at any time, without notice: (1) modify, suspend, or terminate operation of or access to the site or any portion of the site, for any reason; (2) modify or change the site or any portion of the site; and (3) interrupt the operation of the site or any portion of the site as necessary to perform routine or non-routine maintenance, error correction, or other changes.

 

Supplemental terms and conditions may apply to some JFGI Services, such as rules for a particular competition, content, software, application, service or other activity, or terms that may accompany certain territories, content, products or software accessible through JFGI Services.  If applicable, such supplemental terms and conditions will be disclosed to you in connection with such competition, content, product, software, application, service or activity and are incorporated by reference into these Terms.  Any supplemental terms and conditions are in addition to these terms and, in the event of a conflict, the supplemental terms will prevail over these Terms. If you do not agree to the supplemental terms and conditions disclosed, you must not use the applicable JFGI Services.

 

The Jewish Federation of Greater Indianapolis’ Services are for your personal or professional use, as indicated in any supplemental terms. Except as we specifically agree in writing, no element of JFGI Services may be used or exploited in any way other than as part of JFGI Services offered to you. You may own the physical media on which elements of JFGI Services are delivered to you, but we retain full and complete ownership of JFGI Services.  We do not transfer title, right, or interest to or license any portion of JFGI Services to you. You agree to use JFGI Services, including all features and functionalities associated therewith, in accordance with applicable laws, rules and regulations, or other restrictions on use of JFGI Services or content therein.

 

Changes

 

We may change these Terms from time to time. The most recent version will replace and supersede all previous versions. We expressly reserve the right to make any changes that we deem appropriate from time to time to JFGI Services or to any information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, opportunities, features, services, and other materials within JFGI Services. You should return to this page from time to time to review the rules applicable to using our JFGI Services. By continuing to use JFGI Services you will be deemed to have agreed to and accepted any amendments. If you do not agree to any change to these Terms, you are not authorized to use JFGI Services. 

 

Compliance with Applicable Laws

 

As a condition of your access to and use of our JFGI Services, you agree that you will not use JFGI Services for any purpose that is unlawful or prohibited by these Terms and that you will comply with all applicable laws, regulations, policies of all relevant jurisdictions, local rules regarding online conduct, and any conditions or restrictions imposed by these terms. Our JFGI Services are offered for your personal and non-commercial use only, and you are prohibited from using and are expressly not granted the right to use JFGI Services for any other purpose.

 

Privacy Policy

 

Please also review our Privacy Policy (https://www.jewishindianapolis.org/privacy-policy), which is incorporated in these Terms. Our Privacy Policy explains what data and/or personal information we collect about you and how we use and share your data and/or personal information. Information that you provide to us or that we collect about you and your Company through your access to and use of JFGI Services is subject to our Privacy Policy.

 

Your Data

 

We will take commercially reasonable steps to ensure the integrity of our systems and prevent hacks. However, no system is impenetrable. You agree that we are not responsible for someone hacking your account.

 

We may change JFGI Services or suspend or cease performance JFGI Services at any time or for any reason. We also reserve the right to cancel or refuse JFGI Services. We may also remove or edit content or delete accounts.

 

Please refer to our Privacy Policy for a full disclosure on all of the ways we gather, use, disclose and manage your data.

 

Links to Third Party Websites or Services

 

The Jewish Federation of Greater Indianapolis Services may integrate, be integrated into, or be provided in connection with third-party services and content. We cannot control the content on other websites or services, and we are not responsible for the content on those websites or services. By linking to such websites or services, we do not agree with or endorse the content or owners of those websites or services. You should read the terms of use agreements and privacy policies that apply to such third-party services and content. Please be aware that the content of those websites or services may also change from time to time. Even if we linked to something, we are not responsible for what is at the other end of the link.

 

If you access a JFGI Service using an Apple iOS, Android or Microsoft Windows-powered device or Microsoft Xbox One, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary to this agreement.  However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of JFGI Services.  You agree that your access to JFGI Services using these devices or any similar devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.

 

Communications Between Us and You

 

If you communicate with JFGI or sign up to receive our communications, you agree to receive emails and other communications, including but not limited to social media advertising, from us. You agree that electronic messages we send to you are communications “in writing” for legal purposes.

 

We reserve the right to contact you by email for purposes of informing you of changes to JFGI Services or these Terms. You agree that electronic messages we send to you are communications “in writing” for legal purposes.

 

Your Representations

 

You represent and warrant that no materials you submit to us or your use of JFGI Services will violate, plagiarize, or infringe upon the rights of third parties or contain libelous or unlawful material. You represent that you are at least 18 years old.

 

User Generated Content

 

The Jewish Federation of Greater Indianapolis may allow you to communicate, submit, upload, transmit, or otherwise make available text, images, audio, video, and other content through the sites (collectively, the “Submission(s)”), which may also be referred to as “User Content" when posted by a user to a JFGI site and which collectively are “Submission(s) including in the form of comments, feedback, submissions, or other information. By transmitting Submissions on or through the sites, you grant JFGI a perpetual, irrevocable, worldwide, royalty-free, assignable, sublicensable license to use, reproduce, store, modify, display, distribute, prepare derivative works based on, and transmit such Submissions, and you waive any and all moral rights and publicity rights in such Submissions. JFGI will not be required to treat any Submission as confidential and will not be liable for any ideas for its business (including without limitation, product, or promotion ideas) and will not incur any liability as a result of any similarities that may appear in future JFGI business. JFGI will be entitled to use the Submission for any noncommercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you own whatever material you submit and use of your Submission by JFGI will not infringe or violate the rights of any third party.

 

You may not make any Submissions that (i) are or may reasonably be considered to be, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, bigoted, hateful, or racially, ethnically or otherwise offensive or objectionable, (ii) violate any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, intellectual property, consumer protection, unfair competition, anti-discrimination, or false advertising), (iii) are known by you to be false, inaccurate, or misleading, (iv) you have received compensation to submit to JFGI A or to post to a JFGI website without have disclosed that compensation to JFGI and publicly in any posting if applicable, (v) result in spam to other users, or (vi) that contain any harmful or malicious software.

 

The Jewish Federation of Greater Indianapolis has the right, but not the obligation, to monitor, screen, block, post, remove, modify, store, and review Submissions or any other communications sent through this website, at any time and for any reason, including to ensure that Submissions conform to these terms, without prior notice to you. We are not responsible for, do not endorse or guarantee, and are not responsible for errors or omissions or the accuracy, integrity, or quality of the opinions, views, advice, or recommendations in any Submissions posted or sent by users.

 

User Prohibited Conduct

 

We grant you a non-exclusive, non-transferable, revocable license to access our JFGI Services, as long as you agree with our Terms.

 

You agree not to use our JFGI Services to do anything illegal. You also agree that you will not do anything that violates these Terms. You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any JFGI Service or connected network. You agree that you will not try to access another user’s data or do anything that prevents someone else from using our JFGI Services. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the content.

 

You may not access, use, or copy any portion of JFGI Services through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms.

 

You may not probe, scan, or test the vulnerability of the website or any network connected to the site, nor breach the security or authentication measures on the site or any network connected to the site. You may not reverse look up, trace, or seek to trace any information on any other user of or visitor to the site, or any JFGI federation member or individual associated with JFGI, including any JFGI account not owned by you, to its source, or exploit the site or any service or information made available or offered by or through the site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the site. 

 

Intellectual Property

 

The trademarks "Jewish Federation of Greater Indianapolis ", "JFGI and logos are federal trademarks owned by THE Jewish Federation of Greater Indianapolis.

 

The Jewish Federation of Greater Indianapolis owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components and any software concepts and documentation and other material on, in or made available through JFGI Services (“Jewish Federation of Greater Indianapolis Materials”), as well as the selection, coordination, arrangement, and organization and enhancement of JFGI Materials. All JFGI Materials are protected pursuant to copyright, trademark, patent and other applicable laws.  You agree not to remove or alter any copyright notice or any other proprietary notice on any JFGI Materials. As between any user and JFGI, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on JFGI Services are proprietary to JFGI or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to JFGI Materials, other than the right to use JFGI Materials in accordance with these Terms.

 

Accounts, Passwords and Security

 

Accounts

 

Some JFGI Services permit or require you to create an account to participate or to obtain additional benefits.  To create an account, you may be required to provide JFGI with a username, password, and certain other information about yourself as set forth in our Privacy Policy.  You agree that any information you provide and maintain is accurate, current and complete, including your contact information for notices and other communications from us and your payment information.  You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian.  You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian. You agree to use a strong password to keep your account confidential, and to not license, sell, or transfer your account without our prior written approval.

 

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright.  In addition, we may suspend or terminate your account and your ability to use JFGI Services if you engage in, encourage, or advocate for illegal conduct or if you fail to comply with these terms or any supplemental terms.

 

Passwords and Security

 

You agree that you will not share your account or account information with others. You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control.  You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or JFGI Services.

 

The security, integrity and confidentiality of your information are extremely important to us.  We have implemented technical, administrative and physical security measures that are designed to protect your information from unauthorized access, disclosure, use and modification.

 

International Users

 

If it is against the law to use our JFGI Services where you are, or if it is unlawful to transfer your data to the United States, do not use our JFGI Services. We make no representation that our Sites or Services are appropriate or available for use in locations other than the United States. If you choose to access our JFGI Services from locations other than in the United States, you do so at your own initiative, at your own risk, and are responsible for complying with applicable local laws. 

 

Disclaimer of Warranties

 

We may make improvements and/or changes in JFGI Services at any time. We make no representations about the suitability, reliability, availability, timeliness, and accuracy of the sites, or information accessible therein. We make no representation that JFGI Services and their content are free of viruses or other disabling devices or harmful components.

 

THE SITES, JFGI MATERIALS, USER CONTENT, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITES ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITES IS ENTIRELY AT YOUR OWN RISK. JFGI AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITES, THE USER CONTENT, JFGI MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL USER CONTENT, THE SITES, JFGI MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITES, IS WITH YOU.

 

Limitation of Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JFGI, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR 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 JFGI SERVICES, THE DELAY OR INABILITY TO USE JFGI SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR RELATED GRAPHICS OBTAINED THROUGH JFGI SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

Indemnification

 

You agree to indemnify and hold harmless JFGI and our affiliates and subsidiaries, and our respective officers, directors, employees, agents, and third parties for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of our JFGI Services; breach of these Terms; any User Content provided by you; or your violation of any third-party rights. You will cooperate as fully as required by us in the defense or settlement of any claim.

 

Arbitration

 

In case of any disputes between us that cannot be resolved through informal discussions, you agree to submit such disputes to a neutral arbitration organization appointed by the American Arbitration Association and in accordance with the Federal Arbitration Act. The arbitrator’s decision and award is final. You and we also both agree not to disclose the contents of the arbitrator’s decisions related to the arbitration to anyone (except as required by law or for the purposes of enforcement or appeal of the arbitration award).

 

Arbitration will cover all disputes and claims regarding these Terms, including tort claims, direct claims, or indirect claims. The arbitrator can issue rulings on any substantive or procedural issues arising in the dispute, including the scope of the dispute. This arbitration clause will continue to be valid even if these Terms are no longer valid for some reason.

 

If you have a claim or dispute, you must contact us first, so we can try to resolve the matter. You agree to give us 60 days to try to resolve the dispute before requesting arbitration. The arbitration of any dispute or claim will follow the relevant rules of the American Arbitration Association as modified by these Terms.

 

If you and we have to participate in arbitration of disputes between us, such arbitration shall take place in Indianapolis, Indiana. The arbitrator may not award relief in excess of or contrary to what these Terms provide, order consolidation or arbitration on a class-wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration section is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

 

There shall be no right or authority for any claims subject to this arbitration section to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).

 

You must contact us within one year of the date of the event or facts giving rise to a dispute or you will have waived the right to pursue a claim based on such event or facts.

 

Class Action Waiver

 

Any arbitration will be on an individual basis. By using our Site and Services, you agree that you cannot make “class action” claims.

 

Unless both you and we agree, the arbitrator cannot group claims together.

 

Copyright Infringement

 

If you are a copyright owner or an agent of a copyright owner, and you believe that any content on the Site and Services, mobile apps, or other website or online services infringes such copyright(s), then you may submit a notification pursuant to the Digital Millennium Copyright Act of 1998 (the “DMCA”) by providing our Designated Copyright Agent with the following information in writing:

 

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed;
  • identification of the material that is claimed to be infringing and information sufficient to permit us to locate the material;
  • contact information of the complainant, such as an address, telephone number, and, if available, an e-mail address;
  • a statement that the complainant has a good faith belief that use of the material is not authorized; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

The above information must be included in the Notice and submitted to our Designated Copyright Agent by mail and e-mail to the following address:

 

Jewish Federation of Greater Indianapolis
6705 Hoover Road

Indianapolis, IN 46260
317-726-5450
info@jfgi.org

 

Termination/Access Restriction

 

We reserve the right to prevent you from visiting our Site and Services and using JFGI Services, without notice. JFGI or you may cancel or terminate this agreement at any time. You may terminate this agreement by destroying all materials obtained from this site, and all related documentation. JFGI may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.

 

Governing Law and Enforceability

 

This agreement and our JFGI Services are governed by the laws of the State of New York. You and your Company agree that the courts of the State of New York have exclusive jurisdiction over any matters, disputes, and claims relating to the content, use of, or any other matter relating to our JFGI Services.

 

If you are in a location that does not permit any of the terms in this agreement, you agree you will not use our JFGI Services.

 

Using JFGI Services does not mean that there exists a joint venture, employment, or partnership between or among us.

 

If any part of this agreement invalid or unenforceable, the rest of the agreement will continue to be valid and enforceable.

 

This agreement and the Privacy Policy is the entire agreement between you and us. The most recent version of the Terms is the valid version. Please review the Last Updated date at the bottom of these Terms.

 

Contact Us

 

If you have any questions or comments, please contact us. We welcome your questions regarding these terms:

 

Jewish Federation of Greater Indianapolis
6705 Hoover Road

Indianapolis, IN 46260
317-726-5450
info@jfgi.org