You are now reading the Terms of Service (“Terms”), governing the Chazkeinu ( “Chazkeinu” or us). These Terms are a legal agreement between you (referred to as “you” or “your” and Chazkeinu and use of our website (the “Website”) and other related products, services, and/or content provided by Chazkeinu.
Read this carefully because there’s information in here that’s super important. If you see something in ALL CAPS, we’re not screaming,… it just means it’s EXTRA SUPER IMPORTANT.
First. YOU MUST BE AT LEAST 16 YEARS OF AGE TO BE A MEMBER. IF YOU ARE NOT AT LEAST 16, DO NOT USE OUR SERVICES.
Second. We’ve done our best to write these in plain English (versus legalese), so you know exactly what you’re getting yourself into. If for some reason you’re unsure or have suggestions, email us.
1. Accepting the Terms of Service
Using the Services constitutes your acceptance of and agreement with these Terms. You’re on the right
track already. Continue to read these Terms and also read our Privacy Policy to be prepared to use the
services offered by Chazkeinu. By using or accessing the services, you agree to become bound by these
Terms. If–for some reason–you do not agree to all of these Terms, you shouldn’t and aren’t permitted to
use the services.
Content Distribution. Some of the content we distribute can be accessed online. We have it online for
your ease. Due to the subject of the material and the trigger warnings associated with this content, that
access should NEVER be shared or distributed without prior consent. You should also never rip or
download your own version of this content without prior consent.
Technical Difficulties. They happen. We can’t foresee or anticipate technical or other difficulties. These
difficulties may result in failure to obtain data or loss of data, personalization setting, and other
interruptions. We can’t assume responsibility for the timeliness, accuracy, deletion, non-delivery, or
failure to store any user data, communications or settings.
2. Privacy
Any information you provide to Chazkeinu is subject to Chazkeinu’s Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information.
3. Release from Liability
YOU RELEASE, TO THE FULLEST EXTENT PERMITTED BY LAW, CHAZKEINU, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, VOLUNTEERS, INTERNS, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS FROM RESPONSIBILITY, LIABILITY, CLAIMS, DEMANDS, AND/OR DAMAGES OF EVERY KIND AND NATURE (including without limitation actual, incidental, punitive, and consequential damages), known and unknown, arising out of, or in any way concerning the services that we offer, including without limitation, the following: weekly calls, shabbaton, live events, partner program, Empowered hotline, online chat forum, and quarterly newsletter, etc.
4. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHAZKEINU, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS SHALL NOT BE LIABLE FOR: (A) ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF PROFITS, REVENUE, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR USER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT CHAZKEINU HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF CHAZKEINU AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE LESSER OF FIFTY DOLLARS (US $50.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICES (which is zero.). Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability, so the limitations above may not apply to you.
5. Legal Disputes
You and Chazkeinu agree that we will resolve any claim or controversy at law or equity that arises out of these Terms or the Services in accordance with this Section unless you and Chazkeinu otherwise agree in writing. Before resorting to litigation, we strongly encourage you to contact us directly to seek a resolution.
6. Severability
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms.
7. Waiver; Remedies
The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other provision of these Terms. Our rights and remedies under these Terms shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
8. Entire Agreement
These Terms (including any applicable Privacy Policy) constitute the entire agreement between you and Chazkeinu, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter.
9. Third Party Beneficiaries
There are no third party beneficiaries to these Terms.
10. Contact Us
You have questions? We have answers. Email [email protected]
11. Effective Date
These Terms were last updated on February 27, 2018.