Last Updated: May, 2009
Welcome to the website for Congregation Shaare Emeth (the “Site”). This Site provides you with general information about Congregation Shaare Emeth (also referred to hereinafter as “Congregation”, “we”, or “us”), and includes the main domain and any sub-domains, as well as the features, functionality, content, and services made available by us on or through this Site.
If you have questions about this Agreement, or any other questions or comments concerning the Site, please contact us at [email protected]
OUR RIGHTS IN THE WEBSITE
We reserve all right, title and interest in and to the Site, including but not limited to all materials, information, and compilations of information available on or through the Site, as well as the domain name and sub-domains, design, layout, graphics, programming code and “look and feel” of the website, the copyrights, trademarks, service marks, and trade dress related thereto, all goodwill arising therefrom, and all other intellectual property and other proprietary rights embodied therein and appurtenant thereto. You agree that you will have no rights in or to any of the foregoing, express or implied, other than a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use in accordance with this Agreement and all applicable laws and regulations. You may not modify, reproduce, distribute, sell, or create derivative works based upon the Site, or post any content from the Site to newsgroups, mail lists or electronic bulletin boards.
Permitted and Prohibited Conduct. The Site is provided for your personal, non-commercial use, and access to and use of the Site is void where prohibited. The following is a partial list of activities that are prohibited on this Site. You agree not to:
• use the Site for advertising, promotional, or other commercial purposes;
• attempt to impersonate another user;
• submit content that is illegal, unlawful, violent, harmful, threatening, abusive, obscene, offensive harassing, defamatory, libelous, false, deceptive, misleading, unsafe, invasive of another's privacy, or endangers minors in any way;
• transmit “junk mail,” “chain letters,” “pyramid schemes,” “spam,” or other unsolicited mass mailings or communications;
• promote criminal or illegal activity, including advertising any illegal service or offering any items for sale which are prohibited or restricted by any applicable law;
• infringe, misappropriate, or violate the copyrights, trademarks, or other intellectual property or proprietary rights, rights of privacy or publicity, or other rights of any third party, or violate any contractual, fiduciary or other duty or obligation
• contact anyone who has asked not be contacted;
• “stalk” or otherwise harass anyone;
• collect personal data about other users for commercial, unlawful or any other purposes;
• engage in any automated use of the Site, such as using scripts to add users or post content;
• use automated means, including spiders, robots, crawlers, or data mining tools to download data from the Site; or
• attempt to gain unauthorized access to our network or computer systems, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site.
Termination; Indemnification. We reserve the right to terminate your access to or use of the Site at any time and for any reason, with or without prior notice to you, including if you violate any provision of this Agreement, or use the Site in a manner for which it is not intended to be used. This Agreement, will survive and remain in effect even after such termination. You agree to indemnify and hold us harmless from and against any and all claims, suits, damages, liabilities, losses, judgments, awards, settlements, costs and expenses (including reasonable attorneys’ fees and legal costs) arising out of or resulting from your use or misuse of the Site or your violation of this Agreement.
LINKS TO AND FROM THIS WEBSITE
Links to Third Party Websites. The Site may contain links to other websites, including links posted by users or advertisers. We do not take any responsibility for monitoring these links, and inclusion of these links should not be construed as any sort of affiliation, sponsorship, endorsement, or approval. When you access a third-party website, you do so at your own risk. You should review the privacy policies of other websites carefully before providing any information to such websites. We shall not be responsible or liable for any information, opinions, goods or services available on or through any third party website, or any third party website’s privacy practices.
Links to This Site. We ask that you notify us in advance of your intention to link to this Site by emailing us at [email protected]. You may not display this Site in frames (or any of the content found on this Site via inline links) without express written permission from us.
THIS SITE, AND ALL SERVICES, INFORMATION AND MATERIALS MADE AVAILABLE ON OR THROUGH THIS SITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ALL USE OF THE SITE IS “AT YOUR OWN RISK.” THE CONGREGATION, ITS DIRECTORS, OFFICERS, CLERICAL STAFF, EMPLOYEES, AGENTS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SITE, OR THE SERVICES, INFORMATION AND MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY PRODUCTS, SERVICES, CONTENT, INFORMATION OR MATERIALS AVAILABLE ON OR THROUGH THE SITE WILL BE TRUE, ACCURATE, COMPLETE, CURRENT, FREE FROM VIRUSES OR OTHER MALICIOUS CODE, OR FREE FROM TYPOGRAPHICAL ERRORS OR ALTERATIONS BY THIRD PARTIES.
LIMITATIONS ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) IN NO EVENT SHALL THE CONGREGATION, ITS DIRECTORS, OFFICERS, CLERICAL STAFF, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SIMILAR DAMAGES ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF THE SITE, AND (B) THE TOTAL CUMULATIVE LIABILITY OF THE CONGREGATION, ITS DIRECTORS, OFFICERS, CLERICAL STAFF EMPLOYEES, AGENTS OR AFFILIATES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE SHALL NOT EXCEED THE GREATER OF (I) THE TOTAL FEES (IF ANY) PAID BY YOU TO USE THE SITE IN THE THREE (3) MONTHS PRECEDING THE FIRST SUCH CLAIM OR (II) ONE DOLLAR ($1), IN EACH CASE REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXISTENCE OF MORE THAN ONE CLAIM OR SUIT SHALL NOT EXPAND THIS LIMITATION.
Governing Law. This Site is hosted in the United States of America. This Agreement and the relationship between you and us relating to your access to your access to and use of the Site shall be governed by and interpreted in accordance with the laws of the State of Missouri, USA for all purposes, without regard to any conflict of laws principles that would require the application of the laws of a different jurisdiction.
Jurisdiction and Venue. You agree to submit to the personal jurisdiction of the state courts of St. Louis County, Missouri and the U.S. District Court of the Eastern District of Missouri for any dispute, claim or action arising out of or related to this Agreement or your access to or use of the Site, and hereby waive any objections to the exclusive personal jurisdiction and venue of such courts, including without limitation any objections based on forum non conveniens; provided, however, that the foregoing shall not prevent us from seeking temporary or permanent injunctive or other equitable relief against you in any court of competent jurisdiction.
Assignments. You may not assign this Agreement or assign or delegate any right or duty under this Agreement, in whole or in part. Any attempted assignment or delegation shall be null and void from the beginning and without further effect. We may assign this Agreement or any right or duty under this Agreement, with or without notice to you, including to any affiliate or successor in interest. Subject to the foregoing, this Agreement shall be binding on and inure to the benefit of you and us, and each of our respective representatives, heirs, administrators, successors and permitted assigns.
Changes to this Agreement. We reserve the right to modify this Agreement from time to time, and any such modifications shall be effective when posted by us on the Site or otherwise made available to you. Your access to or use of the Site after we have modified this Agreement shall signify your acceptance of the amended terms. It remains your responsibility to review this Agreement regularly to ensure that you are updated as to any changes. Except as set forth in this paragraph, this Agreement may not be amended except by a mutually agreed upon and binding written agreement signed by you and us.
Entire Agreement. This Agreement sets forth the entire agreement of the parties with regard to the subject matter hereof, and supersedes all prior and contemporaneous negotiations and agreements, written or oral. No provision of this Agreement shall be waived by any act, omission or knowledge of a party. Any waiver on one occasion shall not constitute a waiver of any other or subsequent duty or breach. The Section headings in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. The term “including” as used herein means “including without limitation.” If any provision of this Agreement is determined to be invalid or unenforceable under applicable law, the provision shall be amended and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions of this Agreement shall continue in full force and effect.
Congregation Shaare Emeth
11645 Ladue Road
St. Louis, MO 63141
© Copyright 2009 Congregation Shaare Emeth. All rights reserved.