Kehillah Fund Sites Terms of Use

Arbitration Notice: please read this paragraph carefully. These terms include arbitration provisions that obligate you and the Kehillah Fund to resolve all disputes by binding, individual arbitration. You may opt-out in accordance with the dispute resolution process described in section 14 below. UNLESS YOU OPT OUT OF ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU WISH TO OPT OUT OF ARBITRATION, FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN SECTION 14.

1. Terms of Use

These terms of use (these “Terms”) apply to your use of kehillahfund.org and any related Sites or online services (collectively the “Sites”) that are owned, maintained, or provided by the Kehillah Fund (“Kehillah Fund,” “we”, “our”). 

2. Your Agreement to these Terms

These Terms form a binding legal agreement between you and the Walder Foundation in relation to your use of the Sites. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCESS THE SITES. You can review the most current version of these Terms at any time at kehillahfund.org/terms-of-use

BY ACCESSING OR USING THE SITES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. If you do not agree to these Terms, you are not authorized to use the Sites.3. Changes to these Terms

From time to time, the Kehillah Fund may change, remove, or supplement these Terms. If you continue to use the Sites after the effective date of the updated Terms, you will be bound by the updated Terms.

4. Content Available through the Sites

The material, data, and information on the Sites (“Content”) is only intended to be general summary information for public use. You acknowledge that the Kehillah Fund does not make, and specifically disclaims, any representations or warranties about the Content to which you may have access as part of, or through your use of, the Sites. ALL CONTENT IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND. Under no circumstances is the Kehillah Fund liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Sites.

You agree that you are solely responsible for your reuse of Content made available through the Sites. As between you and the Kehillah Fund, all Content is solely owned by Kehillah Fund. This Content may include stock images or other content that Kehillah Fund licenses from third parties including iStock. You agree not to (i) download, use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit the Content or any portion thereof for use in any publications, in public performances, or on Sites for any other commercial purpose, (ii) use the Content or any portion thereof in connection with products or services or for any purpose, nor (iii) use the Content or any portion thereof in any manner that is likely to cause confusion among consumers, that causes harm, disparages or discredits the Kehillah Fund, that dilutes the strength of the Kehillah Fund’s Intellectual Property Rights, or that otherwise infringes the Kehillah Fund’s Intellectual Property Rights. Notwithstanding the foregoing, if Kehillah Fund provides attribution of any Content to a third party, you must contact that third-party directly for its permission to use the Content. All such use is subject to any agreement you make with such third party and there is no license of any kind granted from or through Kehillah Fund for such use. 

From time to time, we may restrict access to our Content without further notice. You acknowledge that the Kehillah Fund may in its sole discretion modify, remove, or cease providing the Content to you at any time in our sole discretion and without further notice to you. 

If the Sites contain links to other sites and resources provided by third parties, these links are being provided as a convenience and for informational purposes only; they do not constitute an endorsement or an approval by the Kehillah Fund of any of the products, services or opinions of the corporation or organization or individual. The Kehillah Fund bears no responsibility for the accuracy, legality or content of the external site or for that of subsequent links. Contact the external site for answers to questions regarding its content. The Kehillah Fund accepts no responsibility for them or for any loss or damage that may arise from your use of any Sites provided through a third-party link. If you decide to access any of the third-party Sites linked to the Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such Sites.  

5. Content Supplied by You

You represent, warrant, and agree that no Content posted or otherwise shared by you on or through any portion of the Sites (“Your Content”), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal, Intellectual Property Rights or other proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.

You acknowledge, represent and agree that Your Content is submitted voluntarily and is not confidential or proprietary except to the extent submitted under a separate Agreement, and that Your Content does not establish a relationship between you and us. Unless there is a written agreement between you and Kehillah Fund stating otherwise, you hereby grant the Kehillah Fund and its sublicensees a worldwide, royalty-free, non-exclusive, transferable, perpetual and irrevocable license to use, distribute, transmit, reproduce, modify, publish, translate, publicly perform and display and create derivative works of Your Content, except as otherwise prohibited by applicable law or these Terms.  You waive any right to compensation of any type for Your Content. You represent and warrant that you have all the rights necessary to grant the rights in this Section 5 and that use of Your Content by the Kehillah Fund does not violate any law.

6. Prohibited Conduct

You agree not to engage in any of the following activities:

6.1. Violating laws and rights:

You may not (a) use any portion of the Sites for any illegal purpose or in violation of any local, state, national, or international laws or (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating Intellectual Property Rights, confidentiality, or privacy rights.

6.2. Disruption:

You may not use the Sites in any manner that could disable, overburden, damage, or impair the Sites, or interfere with any other ’individual’s or entity’s use and enjoyment of the Sites; including (a) uploading or otherwise disseminating any virus, adware, spyware, ransomware or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide the Sites, or violating any regulation, policy, or procedure of any network, equipment, or server.

6.3. Impersonation or Unauthorized Access:

You may not impersonate another individual or entity, or misrepresent your affiliation with another individual or entity when using the Sites. You may not use or attempt to use another’s account or personal information. You may not attempt to gain unauthorized access to the Sites, or the computer systems or networks connected to the Sites, through hacking, password mining or any other means.

7. Ownership of Intellectual Property

Except for Your Content, you acknowledge and agree that the Sites and Content, including but not limited to the software, code, architecture, design, user interface, graphics, including any use of any of the Kehillah Fund brand, trademarks, copyrights, patents, or other protected or unprotected intellectual property (collectively, “Intellectual Property Rights”) are owned by the Kehillah Fund or its licensors and suppliers and is protected by applicable Intellectual Property Rights laws.

Except as provide in these Terms or in an applicable Agreement, you are not granted a license or any right, title, or interest in any Intellectual Property Right use in or made available through the Sites. 

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content or portion of the Sites without our prior written consent. The Kehillah Fund name, the Kehillah Fund logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Kehillah Fund or its affiliates or licensors. You must not use those marks without the prior written permission of the Kehillah Fund. Any other names, logos, product and service names, designs, and slogans of the Sites are the trademarks of their respective owners. Under no circumstances will you acquire any ownership rights or other interest in any such marks or content through your use of the Sites. All rights not expressly granted in these Terms or an applicable Agreement are reserved exclusively by the Kehillah Fund.

7.1 Claims of Copyright Infringement 

We respond to notices of alleged infringement as required by the US Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity. Kehillah Fund’s DMCA Agent will only respond to notices and inquiries that comply with the requirements of the DMCA. Please see www.copyright.gov for more information.

If you have a good faith belief that your work was copied in a way that constitutes copyright infringement or that your intellectual property rights otherwise were violated on or through the Services, please send your claim or notice of infringement to Kehillah Fund’s designated DMCA Agent at:

DMCA Agent

admin@kehillahfund.org 

Upon receipt of notification complying with the DMCA, Kehillah Fund will take steps to remove or disable access to any infringing material and remove or disable access to any link to infringing material. Notifications must include ALL of the following:

• A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
• A description of the copyrighted work that you claim has been infringed;
• A description of where in the Sites the material that you claim is infringing is located;
• Contact information reasonably sufficient to permit Kehillah Fund to contact you;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
• A statement by you, made under penalty of perjury, that the information in your notification to Kehillah Fund is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please do not send any other correspondence or inquiries to our DMCA agent.

8. Monitoring and Enforcement of Terms

We have the right to:

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their Intellectual Property Rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites.
• Terminate or suspend your access to all or part of the Sites for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS THE KEHILLAH FUND AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

9. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE KEHILLAH FUND OFFERS THE SITES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SITES), INCLUDING ANY THIRD-PARTY SERVICES AS-IS AND AS-AVAILABLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SITES OR THE CONTENT, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF ACCURACY, RELIABILITY, AVAILABILITY, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE KEHILLAH FUND DOES NOT WARRANT THAT THE FUNCTIONS OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SITES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY THE KEHILLAH FUND ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  

10. Limitation of Liability

IN NO EVENT WILL THE KEHILLAH FUND OR ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, OTHER AGENTS, LICENSORS OR PROVIDERS BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, OR OTHER SPECIAL CATEGORIES OF DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SITES (OR THE TERMINATION THEREOF FOR ANY REASON), WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL THEORY AND EVEN IF THE KEHILLAH FUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING LIMITATIONS, AND ANY APPLICABLE AGREEMENT, YOUR RECOVERY OF ANY DIRECT DAMAGES IS LIMITED TO THE LESSER OF WHAT YOU PAID FOR ACCESS TO THE SITES OR USD $50.00.

Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.  

11. Indemnification

To the extent not prohibited by law, you agree to indemnify and hold harmless the Kehillah Fund and its affiliates, employees, officers, directors, other agents, licensors and providers from and against any and all claims,  damages, expenses, costs, including reasonable attorneys’ fees, and other losses resulting directly or indirectly from or arising out of (a) your violation of these Terms, (b) your use of any of the Sites, or (c) your violation of any other individual’s or entities’ rights or applicable law.

12. Privacy Policy

The Kehillah Fund provides a Privacy Policy that describes the personal data we collect through our Sites, which is available here: https://www.kehillahfund.org/privacy-policy .  Please review the Privacy Policy so you are aware of how we collect and use your personal information.

13. Termination

By the Kehillah Fund: The Kehillah Fund may modify, suspend, or terminate the operation of, or access to, all or any portion of the Sites at any time for any reason. Additionally, your individual access to, and use of, the Sites may be terminated by The Kehillah Fund at any time and for any reason. 

By you: If you wish to terminate these Terms, you may immediately stop accessing or using the Sites at any time.

Automatic upon breach: Your right to access and use the Sites terminates automatically upon your breach of any of these Terms.

Survival: The disclaimer of warranties, indemnification, limitation of liability, dispute resolution provision, and this provision will survive any termination. The license grants applicable to Your Content are not impacted by the termination of these Terms and shall continue in effect subject to the terms of the applicable license.

14. Agreement to Arbitration of Disputes

You and Kehillah Fund agree to arbitrate any dispute, controversy or claim, including those known or unknown that may later be discovered, arising out of or relating to this Agreement, other agreements on the Services, the Privacy Policy, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate (“Dispute”). Any such arbitration shall be fully and finally resolved in binding arbitration in a proceeding in Illinois before the Beth Din of the Chicago Rabbinical Council. However, if for any reason the Beth Din of Chicago Rabbinical Council is not available for such arbitration or is otherwise unable to conduct the arbitration, and if both parties wish to arbitrate before an alternate beth din, then the Beth Din of Chicago Rabbinical Council and/or the parties can propose one or more alternate beth din forums, and you and the Organization then have the right to consider the proposed options in good faith and determine whether any alternate beth din forum is agreed to by both you and the Organization. In the event that (i) the Beth Din of Chicago Rabbinical Council is unavailable or unable to conduct the arbitration, and you and the Organization cannot agree on an alternate beth din forum or (ii) you prefer to arbitrate with the American Arbitration Association (AAA), then any such arbitration shall be fully and finally resolved in binding arbitration in Illinois before the AAA in accordance with the National Rules for the Resolution of Employment Disputes before a single arbitrator. You may be entitled to an in-person hearing near your place of residence. The arbitration proceedings shall be confidential, and the goal of arbitration shall be to achieve a fair and equitable result for all parties. The arbitrator shall not have the authority to modify or change any of the terms of this Agreement. The arbitrator’s award shall be final and binding upon you and Kehillah Fund, and judgment upon the award may be entered in any court of competent jurisdiction in any state of the United States or country or application may be made to such court for a judicial acceptance of the award and an enforcement as the law of such jurisdiction may require or allow. The arbitrator may require the losing party thereto, as determined by the arbitrator, to bear the costs and fees incurred in any such arbitration, including legal fees and expenses.

18. 2 Choice of Law; Jurisdiction

To the extent any dispute involving your employment with Kehillah Fund or this Agreement is not arbitrable, you agree to exclusive jurisdiction in the State of Illinois with respect to the matters set forth in or arising out of this Agreement with Kehillah Fund and that any dispute arising out of this Agreement or your employment with the Organization will be governed by and construed in accordance with the laws of the State of Illinois without regard to rules regarding conflicts or choices of law. You and we acknowledge that this Agreement evidences a transaction involving interstate commerce. In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect, or consequential damages, including damages for lost profits.

Electronic Notice and Electronic Signature: You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, “Communications”). Kehillah Fund may provide these Communications to you by posting them via the Sites, by emailing them to you at the email address you provide, or by sending an SMS or text message to a mobile phone number that you provide. You should maintain copies of all Communications. You may contact us through email at admin@kehillahfund.org if you have any questions regarding any Communication. You further consent and agree that your use of your finger, a keypad, mouse or other device to select an item, button, icon or similar act while using the Sites, or in accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures or conditions, constitutes your signature, acceptance, and agreement as if actually signed by you in writing. Further, you agree that no certification authority or other third-party verification is necessary to establish the validity of your electronic signature, and that the lack of such certification or third-party verification will not affect the enforceability of your signature or any resulting contract between you and us.

No waiver: Either party’s failure to insist on or enforce strict performance of any of these Terms will not be construed as a waiver of any provision or right.

Severability: If any part of these Terms is held to be invalid or unenforceable by any law or regulation or final determination of the arbitrator, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. If any provision of these Terms are so held invalid or unenforceable by a court of competent jurisdiction, in whole or in part, such provision shall be interpreted so as to remain enforceable to the maximum extent permissible consistent with applicable law and the parties intent.

Relationship of parties: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Kehillah Fund as a result of these Terms or from your use of any portion of the Sites. You may not enter into any contract on our behalf or bind us in any way.

Assignment: Kehillah Fund may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, to access or use the Sites or its Content, and any attempt by you to do so is void.

Integration: These Terms and any applicable Agreements constitute the entire agreement between you and Kehillah Fund relating to this subject matter and supersede any and all prior communications and/or agreements between you and Kehillah Fund relating to access and use of the Sites.

Children:

The Services are not designed to appeal to minors, and we do not knowingly attempt to solicit or receive any information from children under thirteen (13) years of age. YOU MUST BE AT LEAST THIRTEEN (13) YEARS OF AGE TO ACCESS AND USE THE SERVICES. If you are under the age of majority in your home state, which is eighteen (18) years in most states, [you may not establish an Account, and] you should use the Services only with the supervision of a parent or guardian who agrees to be bound by this Agreement. Additionally, certain Services or sections of the Services, as well as promotions, programs, and commerce we may offer on the Services, may be explicitly limited to people over the age of majority. If you are not old enough to access the Services or certain sections or features of the Services, you should not attempt to do so.

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at OnGuard Online. Please note that we do not endorse any of the products or services listed at such websites.

Contact Us:

If you have questions about this Agreement, or if you have technical questions about the operation of the Services, please contact us by writing us at admin@kehillahfund.org. If you have any questions or comments about our company or our products or have other customer service needs, please email us at admin@kehillahfund.org.