Terms of Use

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Effective: March 14, 2024.

PLEASE READ THESE TERMS OF USE (THESE “TERMS”) CAREFULLY BEFORE USING THIS SITE (AS DEFINED BELOW). THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING AN AGREEMENT TO SUBMIT ALL CLAIMS THAT YOU MAY HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. IF YOU DO NOT AGREE WITH THESE TERMS, THEN YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SITE.

AGREEMENT TO TERMS OF USE

These Terms apply with respect to your access and/or use of the website of the Jewish Community Project of Lower Manhattan (“JCP,” “we,” “us,” or “our”), located at https://jcpdowntown.org  (the “Site”). 

These Terms govern your use of the Site. Please read them carefully. Although they are lengthy, we ask all of our visitors to read them in their entirety as they contain important information regarding your use of the Site and our copyright and other intellectual property rights. 

By accessing the Site, you signify to us that you have read, understand, and agree to all of these Terms as set forth herein. Accessing the Site, in any manner, whether automated or otherwise constitutes use of the Site and your agreement to be bound by these Terms. Please do not use the Site or submit information to us either through the Site if you do not agree to these Terms. These Terms are to be read in connection with any other policies and terms of service posted on our Site, including our Privacy Policy, which is expressly incorporated herein by this reference. You do not have a right to change these Terms or any other policies or terms of service on our Site. Our interpretation and application of these Terms and any other policies and terms of service posted on our Site shall be final.   

We reserve the right (but not the obligation) to deny access to the Site or any features of the Site to anyone who violates these Terms or who, in our sole judgment, interferes with the ability of others to enjoy our Site or infringes the rights of others.

YOUR LIMITED RIGHT TO USE MATERIALS

The Site and all the materials available on the Site, including its contents, features, and functionality (including, without limitation, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are our property and/or the property of our licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal, noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or those of our licensors or that has not been authorized by us. 

More specifically, unless explicitly authorized in these Terms or by the owner of the materials, you may not modify, copy, reproduce, scrape, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site, except as follows: 

  • Your computer or device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
  • You may store files that are automatically cached by your web browser for display enhancement purposes; and
  • You may print one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

  • Modify copies of any materials from the Site;
  • Use any illustrations, photographs, video, or audio sequences, or any graphics separately from the accompanying text; or
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

You may gain access to other websites via links on the Site. These Terms apply only to the Site and do not apply to other parties’ websites. Similarly, you may have come to the Site via a link from another website. The terms of use of other websites do not apply to the Site. Only these Terms apply to the Site. JCP assumes no responsibility for any terms of use or material outside of the Site accessed via any link. You are free to establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your website or service by JCP or the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, scrape the Site or incorporate into another website or other service any of our material, content, or intellectual property. 

INTELLECTUAL PROPERTY RIGHTS

Restricting the Use of Information Collected Using Technology

“Jewish Community Project,” “Jewish Community Project of Lower Manhattan,” “JCP,” and all related names, logos, product and service names, designs, and slogans are trademarks and service marks of JCP. You must not use such marks without the prior written permission of JCP. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners. 

All copyright rights to the Site, including rights to the work and designs provided by JCP are owned by the Jewish Community Project of Lower Manhattan, © 2023. All rights reserved. You cannot re-transmit, print, or photocopy the materials on the Site for re-distribution in any medium without the prior written permission of JCP (which may be withheld by JCP in its sole discretion).

You are not permitted to infringe on the intellectual property rights of JCP or any third party in connection with your access to and use of the Site. As between us and you, we retain all right, title, interest to, and ownership of the Site and all intellectual property rights therein. 

PROHIBITED ACTIVITIES

You are fully responsible for your activities while using the Site, including any content, information, or other materials you post or upload to the Site, and you bear all risks associated with use of the Site. By agreeing to these Terms, you agree to comply with all applicable federal, state, and local laws and regulations in connection with your use of the Site. You also agree not to use the Site to engage in any prohibited conduct, or to assist any other person or entity in engaging in any prohibited conduct. 

You are prohibited from using the Site for the commission of harmful or illegal activities, including, but not limited to, the following:

  • Hacking into, or attempting to penetrate the security measures of, any system, network, website, software, account, computer, device, or communications equipment;
  • Attempting to collect or maintain any information about other users of the Site (including email addresses and passwords) or other third parties, including by accessing illegally or without authorization, any system, network, website, software, account, computer, device, or communications equipment belonging to another party;
  • Introducing any virus, worm, spyware, Trojan horse, or other program or code into any system, network, website, software, account, computer, device, or communications equipment, or launching a denial of service attack, or in any other way attempting to interfere with the functioning of any system, network, website, software, account, computer, device, or communications equipment;
  • Any activities intended to participate in, commit, aid, or assist any crime, including identity theft or credit card theft, the exploitation of minors, and child pornography;
  • Engaging in any activity that is defamatory, objectionable, unlawful, or promotes or encourages illegal activity;
  • Violating any applicable laws, including, but not limited to, federal copyright laws by making unauthorized copies of copyrighted or licensed software, data, entertainment files, text, or publications; or
  • Any activities that will damage, disable, vandalize, or otherwise harm the Site.

Your participation in any of the above prohibited activities will automatically terminate your authorization to use the Site and you must immediately cease your use of the Site. 

DISCLAIMERS

THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JCP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. JCP DOES NOT WARRANT THAT THE SITE OR ANY OF THE SITE’S FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JCP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. 

You must provide and are solely responsible for all hardware and/or software and internet connections necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software and internet connection.

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of their contents.

The Site may include content provided by third parties, including materials provided by other synagogues, Jewish institutions or non-profits, or service providers, bloggers, and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by JCP, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of JCP. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Your interactions with companies, organizations, and/or individuals found on or through our Site, including any purchases, transactions, or other dealings, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such companies, organizations, and/or individuals. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of the Site, or between a user and any third party, we are under no obligation to become involved, and you agree to release us and not make any claim against JCP from any claims, demands, and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or our Site.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL JCP BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS OR SERVICES, OR THIRD-PARTY MATERIALS OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF JCP IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless JCP and its directors, officers, managers, employees, contractors, agents, affiliates, suppliers, representatives, licensors, service providers, and vendors from and against any and all claims, liabilities, losses, expenses, damages, and costs, including reasonable attorneys’ fees, that arise out of your use of the Site, violation of these Terms by you, or your violation of any rights of another. We reserve the right (but not the obligation) to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.

SUSPENSION AND TERMINATION OF ACCESS

You agree that, in our sole discretion, we may suspend or terminate your password, account (or any part thereof), or use of the Site, or any part of the Site, at any time, for any reason, without notice. You agree that we will not be liable to you or any third party for any suspension or termination of your use of the Site. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the Terms that were in effect as of the date of your suspension or termination.

NOTICE OF MODIFICATION/CHANGES AT WILL

The Site is provided as a service to the Site’s visitors. JCP reserves the right to delete, modify, or supplement the content of the Site, or discontinue, temporarily or permanently, the Site, or any portion thereof, with or without notice at any time. JCP reserves the right to terminate operation of the Site entirely at any time for any reason without prior notice. You agree that we will not be liable to you or to any third party for any deletion, modification, supplementation, suspension, or discontinuance of the Site or any portion thereof.

SEVERABILITY

If any provision of these Terms is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity or enforceability of the remaining provisions of these Terms.

DISPUTE RESOLUTION BY BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

If a dispute arises from or relates to the Site, these Terms, or a breach thereof, and if the dispute cannot be settled through direct discussions, you agree that any such dispute shall be settled by arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules in New York County, New York and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer.

SITUS, VENUE & JURISDICTION

This Site is controlled by JCP from its offices in New York, New York, United States of America. Visitors who choose to visit the Site from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with their local laws.

Claims relating to the Site, to the use of the Site, and to the information content, material, goods and services available through the Site are governed by and construed in accordance with the Federal Arbitration Act, and by the internal substantive laws of the State of New York, without regard to its conflicts of laws principles. 

NO ASSIGNMENT; NO THIRD-PARTY BENEFICIARIES

These Terms are personal to you and you may not assign or delegate them or the rights and obligations under them to anyone. Any attempted or purported assignment or delegation is void, and will automatically terminate your right to use the Site. These Terms are not intended to benefit any third party, and do not create any third-party beneficiaries. Accordingly, these Terms may only be invoked or enforced by you or us.

LIMITATION ON ACTIONS

You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Site or these Terms must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between us and you with respect to the subject matter contained in these Terms and supersedes all previous and contemporaneous agreements, proposals and communications, whether written or oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Site. In the event of any conflict between any such third-party terms and conditions and these Terms, these Terms will govern.

CHANGES TO TERMS OF USE

We reserve the right to change these Terms or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms on the Site and update the “Last Updated” date above to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Terms, as modified. We strongly encourage and expect that you will review these Terms frequently so that you will be aware of any changes, since they are binding on you.

HOW TO CONTACT US

If you have any questions or requests, you can contact us:
By email: jcpdowntown@jcpdowntown.org
By letter to: 146 Duane Street, New York, NY 10013

By phone: (212) 334-3522

Issue Date: March 14, 2024