Terms and Conditions
Terms & Conditions
This Terms of Service Agreement (“Agreement”) is a legal agreement between the Jewish Social Services Agency and you, as a user of the JSSA website (“User”). By accessing information on the JSSA website located at www.jssa.org (the “Site”), User acknowledges that User has read, understood, and agrees to comply with the terms and conditions stated within this Agreement. Furthermore, you are not authorized to use the Site if (i) you are not of legal age or otherwise do not have the legal capacity to form a binding contract with JSSA, or (ii) you are a person barred from using the Site either (a) under the laws of the country in which you reside or from which you are attempting to access the Site, or (b) due to prior violations of this Agreement. If there is any conflict between this Agreement and the terms of any other agreement that User has entered into with JSSA, those terms will supersede the terms of this Agreement.
JSSA reserves the right to change these terms and conditions periodically at its sole discretion. User’s continued use of the Site constitutes acceptance of this Agreement and any modified version of this Agreement. If you do not agree to abide by the initial version and any modified version of this Agreement, then you are not authorized to use the Site.
Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have against JSSA on an individual basis. Arbitration on an individual basis means that you will not have, and you waive, the right for a judge or jury to decide your claims, if any, and that you may not proceed in a class, consolidated, or representative capacity.
User Conduct
User agrees that all of the information accessed by User will be used only for User’s personal purposes. User will not make any other unauthorized use of the Site or any interactive features available on the Site, or disseminate and make publicly available any of the information it obtains from the Site. User may use downloaded material only for User’s personal use. User may not engage in any conduct or action that is prohibited by law or violates, or encourages anyone to violate, any country, federal, state, or local laws.
In particular, User shall not use the Site in any manner that:
(a) is designed to interrupt, destroy or limit the functionality of, any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files, or programs);
(b) interferes with or disrupts the Site, services connected to the Site, or otherwise interferes with operations or services of the Site in any way;
(c) infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
(d) consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(e) causes us to lose (in whole or part) the services of our internet service providers or other suppliers;
(f) links to materials or other content, directly or indirectly, to which you do not have a right to link;
(g) is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by JSSA in its sole discretion;
(h) copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Site or any portion thereof; or
(i) violates, or encourages anyone to violate this Agreement, any ancillary terms and conditions listed on the Site, or the Privacy Policy.
Information Provider
While JSSA makes reasonable effort to ensure the information provided on the Site is accurate, JSSA makes no warranties about the accuracy and reliability of the information, data, or content on the Site.
The health information, event information, and other content and information on the Site are provided for informational purposes only. JSSA shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Site. The Site is NOT designed to provide medical advice, diagnosis, or treatment for any individual related to any physical or mental health matters. Users should consult a qualified physician or mental health professional for medical or mental health advice, diagnosis, treatment and for any questions related to a medical or mental health condition as the Site is not a substitute for professional care. Further, your access to or use of the Site does not create in any way a physician-patient relationship, any sort of confidential relationship, or any other relationship that would give rise to any duties on the part of JSSA, its agents, or employees. The Site should not be relied upon, in any manner, to delay professional medical or mental health care. In case of a medical or mental health emergency, dial 911.
The information contained on the Site may be compiled from a variety of sources. NEITHER JSSA NOR ANY SOURCES THAT MAY PROVIDE JSSA WITH INFORMATION FOR THE SITE ARE DIRECTLY OR INDIRECTLY RESPONSIBLE FOR PRACTICING MEDICINE, DISPENSING MEDICAL SERVICES, OR PROVIDING TREATMENTS AS PART OF THE SITE. THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY, EXPRESS OR IMPLIED. JSSA HEREBY EXCLUDES ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE WITH RESPECT TO THE SITE OR ANY CONTENT OR INFORMATION PROVIDED ON THE SITE, AS MORE FULLY DESCRIBED IN SUBSEQUENT PROVISIONS OF THIS AGREEMENT.
Intellectual Property: Copyrights, Corporate Identification, and Trademarks
The Site contains content including, but not limited to, text, software, photographs, video, design, graphics, or other material contained in the Site (“Content”) that is protected by the intellectual property laws of the United States and other jurisdictions. As between you and JSSA, JSSA owns all rights, title, and interest (including all copyright, trademark, patent, trade secret, and other intellectual property rights) in and to the Site (including all Content appearing therein), and you have no rights in and to the Site other than as expressly set forth in this Agreement. Except for information that is in the public domain or for which you have been given express written permission by JSSA, no Content may be sold, leased, copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, modified, publicly performed, used in any derivative works based thereon, or otherwise used for any public or commercial purpose without the prior written consent of JSSA or, where applicable, our licensors. However, you may print copies of materials on the Site for your personal, noncommercial use only, provided that (a) you must keep intact all copyright, trademark, and other proprietary notices appearing therein, and abide by such notices; (b) you use such materials solely in the manner permitted by this Agreement and not in any manner that competes with us; and (c) you understand that JSSA is not transferring ownership of the materials directly or by implication, nor is JSSA granting any license or right to its trademarks, trade names, or copyrights of any party. You further understand that using any of JSSA’s Content for a commercial purpose, without JSSA’s express written consent, violates JSSA’s copyrights and other proprietary rights.
All materials contained on the Site are protected by copyright law except where explicitly noted otherwise. All rights reserved. All registered and/or unregistered trademarks and/or service marks (collectively, “Marks”) used or referred to on the Site are the property of JSSA, unless otherwise noted. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Marks in any way without JSSA’s prior written permission. The use of the Marks on any other website, without authorization, is prohibited.
Privacy
In order to enjoy the services offered on the Site, User may need to provide JSSA with certain personal information. Please review our Privacy Policy available at https://www.jssa.org/about-us/ethics/ which also governs your visit to the Site, to understand our privacy practices. The terms and conditions of our Privacy Policy are incorporated herein and made a part of this Agreement. In addition, any personal health information is governed by JSSA’s HIPAA Notice of Privacy Practices available at https://www.jssa.org/about-us/ethics/.
Donations
The Site allows User to make a donation to support the services JSSA provides. User acknowledges that (s)he is responsible for the payment of such donation and that any associated fees are also the responsibility of the User.
Linking to the Site & Framing
Creating or maintaining any link from another website to any page on the Site without JSSA’s prior written permission is prohibited. Running or displaying the Site or any material displayed on the Site in frames or through similar means on another website without JSSA’s prior written permission is also prohibited. Any permitted links to the Site must comply will all applicable laws, rules and regulations.
Links to Third Party Sites
At times, the Site may contain links to third-party websites, which are not under the control of JSSA. JSSA makes no representations whatsoever about any other website to which User may have access through the Site. Your use of any website linked to from the Site is subject to the policies and procedures of the owner of such website, and your use of all such websites is subject to such policies and procedures and not to the terms and conditions of this Agreement. You understand that by using any third party website linked to from the Site, you may be exposed to content or other materials that are offensive, indecent, defamatory, or otherwise objectionable. When User accesses another website, User does so at his/her own risk and acknowledges that JSSA is not responsible or liable for any content, advertising, products, or other materials available from such third party sites. User also agrees that JSSA shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of using any third party’s website, including for (i) the availability of such websites, (ii) any content, data, text, software, music, sound, photographs, video, messages, tags, links, advertising, services, products, or other materials on or available from such websites, (iii) your participation, correspondence, or business dealings with any third party found on or through the Site regarding payment and delivery of specific goods or services, and any other terms, conditions, representations, or warranties associated with such dealings, which are solely between you and any such third party, or (iv) any damage or loss caused or alleged to be caused by or in connection with your interaction with any such third party.
Mention of third-party companies and websites on the Site is for informational purposes only and does not constitute an endorsement or recommendation. Unless otherwise indicated, the owners of any third party trademark or copyright appearing on the Site are not sponsors of JSSA or the Site, and have not endorsed and are not affiliated with JSSA or the Site, and JSSA is not a sponsor and does not endorse any such third parties, unless otherwise noted on the Site.
Limitation of Liability
USER EXPRESSLY UNDERSTANDS AND AGREES THAT JSSA SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT, OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS PORTAL, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF JSSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION ARE NOT APPLICABLE TO NEW JERSEY RESIDENTS.
Disclaimer of Warranties
WHILE EVERY EFFORT IS MADE TO ENSURE ACCURACY, JSSA MAKES NO WARRANTY THAT THE SITE WILL MEET USER’S REQUIREMENTS OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NOR DOES JSSA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE. USER UNDERSTANDS AND AGREES THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT USER’S OWN RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
UNLESS EXPRESSLY STATED OTHERWISE, JSSA PROVIDES THE SITE CONTENT “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL JSSA BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF THE USE, OR INABILITY TO USE, THE SITE CONTENT EVEN IF JSSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
JSSA DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE THROUGH THE SYSTEM BY ANY PARTY OTHER THAN JSSA, (B) ANY CONTENT PROVIDED ON LINKED SITES, OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.
UNDER NO CIRCUMSTANCE WILL JSSA BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SYSTEM OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SYSTEM, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
THIS LIMITATION IS SUBJECT TO THE PROVISIONS OF ANY APPLICABLE LAW THAT MAY RESTRICT ITS SCOPE.
NOTE THAT THE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION ARE NOT APPLICABLE TO NEW JERSEY RESIDENTS.
No Agency
No agency, partnership, joint venture, or employee-employer relationship is intended or created between you and JSSA by this Agreement.
Dispute Resolution and Governing Law
By using the Site, you and JSSA agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Site, or the breach, enforcement, interpretation, or validity of these Terms of Use or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to JSSA at:
Jewish Social Service Agency
Attn: Legal and Compliance
200 Wood Hill Road
Rockville, MD 20850
- to you at: your last-used billing address or the billing and/or shipping address that we may have on file for you.
Both you and JSSA agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY CONFIDENTIAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms of Use, including any claim that all or any part of these Terms of Use are void or voidable.
Notwithstanding any provision in this Agreement with respect to applicable substantive law, any arbitration conducted pursuant to this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).
This Agreement and the relationship between User and JSSA shall be governed by, and construed in accordance with, the laws of Maryland, without giving effect to any conflict of law principles.
Assignment
You shall not resell or assign your rights, duties, or obligations under this Agreement, and any attempted assignment or delegation will be void and of no force or effect whatsoever. This Agreement may be automatically assigned by JSSA, in our sole discretion, to a third party, and such an assignment will inure to the benefit of our successors, assigns, and/or licensees. Without limiting the foregoing, we may sell, transfer or otherwise share some or all of our assets, including your personal information, with any third party. In each such event, the personal information we have collected from you may be one of the assets transferred.
Waiver/Severability
The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If JSSA does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which JSSA has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of JSSA’s rights, and all such rights or remedies shall still be available to JSSA.
Reservation of Rights
Any rights not expressly granted herein are reserved.
General
If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect. Section headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. This Agreement and any ancillary terms and conditions referenced herein or included in the Site sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement shall survive suspension or cancellation of your account to the extent necessary to carry out the obligations of you and JSSA hereunder.
Contact Us
If you have any questions or concerns regarding the Site, please send an email, write to us, or call us at the following contact information:
Jewish Social Service Agency
Attn: Terms of Use
200 Wood Hill Road
Rockville, MD 20850
Email: contactus@jssa.org
Telephone: 240-800-5772