WEBSITE TERMS AND CONDITIONS OF USE
Table of Contents
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY
The Jewish National Fund USA (hereinafter referred to as “Jewish National Fund,” “Company,” “we,” “us,” or “our”), has created the following Terms and Conditions of Use (“Terms and Conditions”) to apply to all users of the websites https://www.jnf.org, https://my.jnf.org/, https://shop.jnf.org, and https://www.amhsi.org/, and all digital and tangible assets contained or offered therein (collectively, our “Services”). By using the Services, you acknowledge that you have read and understand these Terms and Conditions.
By accessing or using the Services in any manner, you agree to be bound by the Terms and Conditions, including the Binding Arbitration Clause and Class Action Waiver described in the Section titled “Arbitration Clause and Class Action Waiver,” and the Website Privacy Policy, and represent that you have read and understood its terms. If you do not accept all of these terms and conditions, you are not authorized to use the Services.
The headings used herein are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
I. NON-EXCLUSIVE, NON-TRANSFERABLE LICENSE TO USE OUR SERVICES
We grant you a limited, revocable, non-exclusive, non-transferable license to review and, in some instances, print content, from our Services (e.g., our website) for your personal and educational purposes if they do not violate any aspect of these Terms and Conditions or applicable law, including our intellectual property and other proprietary rights in and to the Services or the intellectual property rights of another party. We reserve the right to terminate or limit your access to our Services and/or the licenses granted herein for any reason and in our sole discretion.
We reserve the right to, at any time, temporarily or permanently, modify or discontinue any features associated with the Services with or without notice and for any reason, including performing maintenance, repairs, or upgrades. We will endeavor to provide notice before any scheduled upgrades. We (and our licensors) remain the sole owner of all rights, title, and interest in the Services. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.
II. INTELLECTUAL PROPERTY
All content, features, and functionality available through our Services, including but not limited to design, artwork, hyperlinks, text, videos, calendars, software, images, technical drawings, blog posts, podcasts, audio, images, art, code, configurations, graphics, other files, and their selection and arrangement (collectively, “Materials”) are either the proprietary property of us, our affiliates, or licensors and are protected by United States and international intellectual property and proprietary rights laws. We reserve any and all rights to the Materials. The Materials may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or in part without our prior written permission, except you may download and print Materials for non-commercial uses that are not competitive with or derogatory to us, provided that you keep all copyright or other proprietary notices intact, do not alter such Materials, and do not further reproduce, publish, or distribute such Materials. Please note that this limited consent may be revoked at any time by us and does not include consent to republish Materials on the Internet, or any Intranet or Extranet site, or to incorporate the Materials in any data base or other compilation. Any other use of the Materials is strictly prohibited. You further agree that you will not systematically extract, collect, or harvest through electronic means or otherwise, any data or data fields from our Services, including but not limited to customer identities or Information (as defined in our Privacy Policy).
All registered and unregistered trademarks visible or accessible through our Services are trademarks of Jewish National Fund or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of Jewish National Fund or its owners. All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Jewish National Fund or our affiliates and may not be copied, imitated, or used in whole or in part without prior written permission of Jewish National Fund or the affiliate owner.
III. USE OF THE SERVICES
As a condition of your use of the Services, you warrant that (i) all information supplied by you within the Services is true, accurate, current, and complete, and (ii) you possess the legal authority to enter into these Terms and Conditions and to use the Services in accordance with all terms and conditions herein.
Jewish National Fund supports Israeli artisans by hosting their products for sale on shop.jnf.org. Jewish National Fund attempts to be as accurate as possible in its product descriptions on the JNF Store. However, Jewish National Fund does not warrant that product descriptions or similar content is accurate, complete, reliable, current, or error-free.
We retain the right at our sole discretion to deny access to anyone to the Services and the services we offer, together with any other legal remedies at any time and for any reason, including, but not limited to, for violation of these Terms and Conditions.
Copying, transmission, reproduction, replication, posting, or redistribution of the content within the Services or any portion thereof is strictly prohibited without the prior written permission of Jewish National Fund.
IV. BILLING POLICIES
Payment for purchases or donations on the Services must be made with current and valid credit card, debit card, or other payment account (“Payment Account”). Some of these payment options may be provided by third parties. Your use of those third-party payment options is subject to the third-party terms and privacy notices. If your Payment Account is insufficient, or not accurate, current, and complete, we may refuse your use of the Services and, where applicable, terminate your transaction. Fees will be billed to the Payment Account you provide to us.
You may choose to make a recurring donation. If you do, you will be automatically billed to your Payment Account on a recurring monthly basis unless and until you cancel. You acknowledge and agree that we may preauthorize your card for an amount up to the total of the given transaction amount and will not obtain additional authorization from you for each recurring fee charged to your Payment Account.
V. SMS AND MMS SERVICES
By providing your wireless telephone number on a Jewish National Fund event or social networking page, or by signing up through sending a text message to 563872 [JNFUSA], you consent to receiving text (SMS) and, in some cases, multi-media (MMS) messages from us. When you opt in to the SMS or MMS services, we will send you an SMS message to confirm your sign-up. You can opt out of our SMS or MMS services at any time by texting “STOP” to 563872 [JNFUSA]. You agree that if you request to opt out, we may send you a one-time opt-out confirmation text message and thereafter will no longer receive SMS messages from us. If you want to join again, sign up as you did the first time, and we will start sending SMS messages to you again.
If at any time you forget what keywords are supported, just text “HELP” to 563874 [JNFUSA]. We will respond with instructions on how to use our SMS or MMS services as well as how to unsubscribe.
We are able to deliver messages to the following mobile phone carriers at this time:
• Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile.
• Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Jewish National Fund may add or remove any wireless carrier from this program without notice. Carriers are not liable for delayed or undelivered messages. Message frequency may vary.
Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, you should contact your wireless provider. For all questions about the SMS and MMS services provided by this short code, please see How to Contact Us below for more information.
VI. USER ACCOUNTS
Some Services permit or require you to create a valid user account (“User Account”) with us to access or utilize certain aspects of the Services. You may be required to create and maintain a unique username and password.
You agree to provide accurate, current, and complete information concerning your User Account and to use reasonable efforts to maintain and promptly update the information to keep it accurate, current, and complete. It is your responsibility to notify us of any changes of your User Account information, including your contact information. As a User Account holder, you are responsible for safeguarding your User Account access information and are responsible for all uses of your username and password. As an express condition of being permitted to use and register on the Services, you represent and warrant that you have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside. You understand and agree that you are solely responsible for all activities that occur through your User Account.
VII. CHILDREN
We do not target our Services, including our websites, to minors who are under the age of thirteen (13) (or a higher age threshold where applicable). To register and create a User Account with the Services, you must be at least thirteen (13) years of age. You agree that you are not under thirteen (13) years of age. We do not intend to collect or process any information from anyone under the age of thirteen (13). If we become aware that a user is under thirteen (13) (or a higher age threshold where applicable) and has provided us with information, we will take steps to comply with any applicable legal requirement to remove such information. Contact us if you believe that we have mistakenly or unintentionally collected information from a person under the age of thirteen (13).
VIII. PROHIBITED ACTIVITIES
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the Services or its related content: (a) for any unlawful or fraudulent purpose, including but not limited to, the use of fraudulent credit card information; (b) to solicit others to perform or participate in any unlawful or prohibited acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others or delete the copyright or other proprietary rights notice from any content; (e) to harass, abuse, insult, harm, defame, slander, annoy, disparage, intimidate, or discriminate based upon gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information or otherwise attempt to mislead or impersonate another; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of Services including our website (or related website, other websites, or the Internet) or Services; (h) to collect or track the personal information of others; (i) to send advertising or promotion materials, spam, phish, pharm, pretext, spider, crawl, scrape, or facilitate the use of any malware or ransomware; (j) for any damaging, obscene, or immoral purpose; (k) to interfere with or circumvent the security features of the website (or related website, other websites on the Internet) and/or Services, including those to prevent copying of content or that limit use; (l) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (m) systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; (n) make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating a User Account by automated means or under false pretenses; (o) use a buying agent or purchasing agent to make purchases on the website; (p) use the Services to advertise or offer to sell goods and services; (q) engage in unauthorized framing of or linking to the Services; (r) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; (s) interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the Services; (t) sell or otherwise transfer your profile; (u) use the Services as part of any effort to compete with us or otherwise use the Services and/or the content for any revenue-generating endeavor or commercial enterprise; (v) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website; (w) copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code; (x) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, malicious code, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services; (y) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as spyware, passive collection mechanisms, or PCMS); (z) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software; or (aa) in any way that may be deemed a breach or violation of any of our Terms and Conditions or Privacy Policy. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.
IX. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
A. Errors, Inaccuracies, and Omissions
Our Services, including our website and application, may contain typographical errors, inaccuracies, or omissions that may relate to Jewish National Fund offerings, awards, programs, events, and Materials. We do not warrant the accuracy, completeness, or usefulness of this information.
We disclaim all liability and responsibility placed on such information by you, or by anyone who may be informed of any of its contents.
We reserve the right to correct any errors, inaccuracies, or omissions, and to change or discontinue any product or service, or update information or cancel orders or programs if any information about the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order, request, submission, payment, form, etc.).
We do not take on any obligation to update, amend, or clarify information in the Services or on any related website, including without limitation, information related to awards, or Services, except as required by law.
No specified update or refresh data applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.
B. Links to the Services
You may not create a link to any page of our Services without our prior written consent. If you do create a link to a page of our Services, you do so at your own risk and the exclusions and limitations set out above will apply to your use of our Services by linking to it.
C. Links on the Services
Our Services might include links to other websites, mobile applications, or social media platforms. We are not responsible for examining or evaluating the content or accuracy of any other website and do not warrant and will not have any liability or responsibility for any other party’s materials or websites or for any other materials, products, or services of other websites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any other party’s websites or other platforms. Please review carefully other party’s website policies and practices and make sure you understand them before you engage in any transaction. Claims, complaints, questions, or concerns regarding other parties should be directed to that party.
X. WARRANTY DISCLAIMER
JEWISH NATIONAL FUND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ABOUT THE SUITABILITY OF OUR SERVICES FOR ANY PURPOSE. THE SERVICES AND THE INFORMATION ON OR AVAILABLE THROUGH OUR SERVICES IS PROVIDED “AS IS” WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, JEWISH NATIONAL FUND DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT ANY DEFECT OR ERROR WILL BE CORRECTED; OR THAT THE WEBSITE WILL BE SECURE AND FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY CONTENT OR INFORMATION (REGARDLESS OF WHETHER IT COMES FROM A SERVICE PROVIDER, FROM A USER, OR FROM JEWISH NATIONAL FUND) WITHIN THE SERVICES WILL BE ACCURATE, RELIABLE, COMPLETE, OR UP TO DATE; OR THAT YOUR USE OF THE SERVICES WILL PRODUCE ANY DESIRED RESULT. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THEM AT ANY TIME WITHOUT NOTICE TO YOU. THE SERVICES MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. JEWISH NATIONAL FUND DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF PRODUCTS DISPLAYED WITHIN THE SERVICES.
SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. BUT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL WARRANTIES.
IN NO EVENT SHALL JEWISH NATIONAL FUND OR ANY JEWISH NATIONAL FUND AFFILIATE, SHAREHOLDER, MEMBER, OFFICER, DIRECTOR, EMPLOYEE, AGENT, REPRESENTATIVE, ADVISOR, CONSULTANT, OR CONTRACTOR BE LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY THIRD-PARTY SERVICE PROVIDERS FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. JEWISH NATIONAL FUND HAS NO LIABILITY IN THE EVENT OF ANY DELAY, CANCELLATION, STRIKE, FORCE MAJEURE, OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING, OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
SUBJECT TO THE FOREGOING, YOU USE THE SERVICES AT YOUR OWN RISK AND IN NO EVENT SHALL JEWISH NATIONAL FUND OR JEWISH NATIONAL FUND AFFILIATE, SHAREHOLDER, MEMBER, OFFICER, DIRECTOR, EMPLOYEE, AGENT, REPRESENTATIVE, ADVISOR, CONSULTANT, SERVICE PROVIDER SUBCONTRACTORS, SUPPLIERS, INTERNS, OR CONTRACTOR BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY LOSS OF INCOME, LOST PROFITS, LOST REVENUE, LOST SAVINGS, GOODWILL, LOSS OF DATA, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON, REPLACEMENT COSTS, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION OF ANY TYPE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF, OR USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING WITHIN THE SERVICES; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH OUR SERVICES; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF, OR USE OF OUR SERVICES) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF JEWISH NATIONAL FUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN ANY EVENT, THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND OUR SERVICE PROVIDERS UNDER THESE TERMS AND CONDITIONS SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00).
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATONS MAY NOT APPLY TO YOU.
XI. INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS JEWISH NATIONAL FUND AND ANY OF JEWISH NATIONAL FUND’S AFFILIATES, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, ADVISORS, CONSULTANTS, SERIVCE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS, CONTRACTORS, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, ACTIONS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, DAMAGES, LIABILITIES, FINES, PENALTIES, OR OTHER COSTS OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND LEGAL COSTS), BROUGHT BY THIRD PARTIES AS A RESULT OF, ARISING OUT OF OR RELATED TO:
• YOUR VIOLATION OR BREACH OF THESE TERMS AND CONDITIONS OR THE DOCUMENTS REFERENCED HEREIN;
• YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY; OR
• ANY TRANSACTION, DEALING, OR DISPUTE BETWEEN YOU AND ANY OTHER PERSON OR ENTITY (OTHER THAN JEWISH NATIONAL FUND).
XII. TERMINATION
These Terms and Conditions are effective until terminated. We may terminate these Terms and Conditions at any time without notice to you and may deny you access to our Services.
XIII. GOVERNING LAW
This Terms and Conditions and any separate agreements whereby we provide you Services shall be exclusively governed by and shall be construed in accordance with the laws of the State of New York, U.S.A., without regard to principles of conflicts of law.
You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
XIV. ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
A. Arbitration Notice
You and Jewish National Fund agree that if there is any dispute or claim arising from or related to our Services (except for the Exempt Claims, as defined below), these End User Terms, and/or the Privacy Policy it will be resolved by confidential binding arbitration rather than in court, after first giving Notice of the Dispute (“Notice”) to the other party and the opportunity to discuss resolution within thirty (30) days of such Notice. The Notice to the Company should be sent to Jewish National Fund, National Office, 42 East 69th Street, New York, NY 10021. This Notice must include a description of the nature and basis of the claims the party is asserting, and the relief sought.
If you and Jewish National Fund are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or the Company may initiate arbitration proceedings to be conducted by a single impartial arbitrator chosen from the American Arbitration Association (“AAA”)’s National Roster of Commercial Arbitrators by mutual agreement of the Parties (or by the AAA if the Parties cannot agree). There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these End User Terms as a court would. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.
The Federal Arbitration Act and federal arbitration laws apply, and the AAA will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.
The arbitration shall be held in New York, NY, or at another mutually agreed location. If the arbitration involves a consumer, the arbitration will be held at a location convenient to the consumer. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and us unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of New York, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law. The arbitrator will also decide any questions relating to the interpretation, applicability, or enforceability of this arbitration clause, except where a party files a claim in court because it is an Exempt Claim (as defined below). If either party files an Exempt Claim, the court presiding over that claim will determine if the claim is an Exempt Claim under this Arbitration Clause. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Notwithstanding any provision in these End User Terms to the contrary, you and we agree that if we make any change to this Section (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate this Section, any such termination shall not be effective until thirty (30) days after the version of the End User Terms containing this Section is posted to the website and shall not be effective as to any claim that was filed in a proceeding against us prior to the effective date of termination.
CLASS ACTION WAIVER: YOU AND THE COMPANY AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
EXEMPT CLAIMS: You and the Company agree that the following two (2) types of claims are not required to be submitted to an arbitration subject to the following conditions:
(1) You or we are not required to arbitrate a claim brought on an individual basis in small-claims court. However, if (a) there is an appeal from small-claims court, or (b) a change in the claim that renders the small-claims court unable to resolve the claim, then the claim must be resolved in an arbitration under the terms of this arbitration provision.
(2) You or we are not required to arbitrate a claim brought on an individual basis to enjoin infringement or other misuse of intellectual property rights. Such a claim may be brought in any court of competent jurisdiction. You and we agree that the infringement or other misuse of intellectual property rights could cause irreparable harm for which monetary damages are an inadequate remedy. The prevailing party in an action to enjoin infringement or other misuse of intellectual property rights is entitled to recover costs and fees (including reasonable attorneys’ fees) in pursuing that remedy.
OPT OUT: You may opt-out of this mandatory arbitration provision by writing us within sixty (60) calendar days of your agreement to this arbitration provision, either (a) via email at JewishNationalFund@jnf.org, or (b) by mail to Jewish National Fund, National Office, 42 East 69th Street, New York, NY 10021. Include your name, address, and date in the correspondence. This is the only way you can opt-out.
B. Claims and Disputes Must be Filed Within One (1) Year
To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Services, including, without limitation, any website or other Services-related product, services, or other content must be commenced within one (1) year after the claim or cause of action arises. This section applies to you and your heirs, successors, and assigns.
XV. MODIFICATIONS AND RESERVATION OF RIGHTS
Jewish National Fund may change, add, suspend, or delete these Terms and Conditions or any portion thereof from time to time in its sole discretion, including where Jewish National Fund deems it necessary for legal, general regulatory, and technical purposes, or due to changes in the services provided or nature or layout of the Services. If we modify the Terms and Conditions, such changes will be effective upon posting. It is your obligation to check our current Terms and Conditions for any changes. Jewish National Fund reserves the right at any time and for any reason, with or without notice, and without liability to you, to: (i) restrict, limit, suspend, or terminate your access to the Services; (ii) remove any or all of your content or information from the Services; (iii) monitor your use of the Services to verify compliance with these Terms and Conditions and/or any applicable law; (iv) investigate any suspected or alleged misuse of the Services and cooperate with law enforcement in such investigation; and (v) disclose information about your use of the Services in connection with a law enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful court order or subpoena. These Terms and Conditions may only be modified in writing. Any ambiguities in the interpretation will not be construed against the drafter.
XVI. NO WAIVER
A failure by Jewish National Fund to exercise or enforce any right or provision under these Terms and Conditions does not constitute a waiver of such right or provision. A waiver of any right or provision under these Terms and Conditions will only be effective if it is in writing and signed by Jewish National Fund.
XVII. SEVERABILITY
To the extent that any provision of these Terms and Conditions is deemed to be unlawful, void, or unenforceable, including the binding arbitration clause and class action waiver in Section XIII of these Terms and Conditions, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.
XVIII. NO THIRD-PARTY BENEFICIARIES
There are no third-party beneficiaries to the Terms and Conditions. We shall have the right to assign our rights or delegate any of its responsibilities under these Terms and Conditions to an affiliate or in connection with a merger, consolidation, or reorganization for the sale of substantially all our assets.
XIX. HOW TO CONTACT US
If you have any questions or concerns about these Terms and Conditions, please send us an email at JewishNationalFund@jnf.org, call us toll-free at 1-800-JNF-0099, or write us at:
Jewish National Fund
National Office
42 East 69th Street
New York, NY 10021 USA
Israel Office
WeWork c/o Jewish National Fund-USA
King George St 20
Jerusalem, Israel 9426208
Last Updated: August 30, 2022