Wezuzah.com is a website that is owned and operated by Wezuzah Corporation, a New York corporation (“Wezuzah”). The following terms of service (“Terms of Service”) govern the access and use of the services and products of Wezuzah (“Services”). Please carefully read the Terms of Service because by accessing Wezuzah or using its Services, you are agreeing to be bound by the Terms of Service. The term “You” includes any visitors to Wezuzah or the owner or operator of a website (“Publisher”) that makes the Wezuzah icon available on its website (“Publisher’s site”). These Terms of Service affect your legal rights and obligations. If you do not agree to be bound by the following Terms of Service, do not access or use the Services.
1. SERVICES
Wezuzah provides a reviewed and proper text of the sacred mezuzah made for a Publisher’s site. Subject to the terms and conditions of the License/Purchase Agreement, Wezuzah will provide you with a personal, non-exclusive, non-transferable, limited license (the “License”) to display the Wezuzah icon and mezuzah text. Once the License is issued, Wezuzah will provide the coding information so that Wezuzah icon and mezuzah text can be displayed on the Publisher’s site.
2. INTELLECTUAL PROPERTY
As per the terms and conditions of the License/Purchase Agreement, you will be provided with Wezuzah’s proprietary content which includes code, software, and proprietary methods and systems content of the Services (the “Content”). The Content is created and supplied by Wezuzah. Wezuzah owns or otherwise reserves all rights, title, and interests in the Content and Services which are protected by all applicable patent, trademark, copyright, trade secret laws, and international treaties. The Wezuzah name and logo are trademarks of Wezuzah, and may not be copied, imitated, or used, in whole or in part, without the expressed written permission of Wezuzah. Further, you agree that you will not use the Content and Services in a manner that exceeds the rights granted to you by the Terms of Service or the License/Purchase Agreement.
3. WEZUZAH’S WARRANTIES
Wezuzah’s site, Services, and Content are provided “as is”. Wezuzah hereby disclaims all warranties of any kind, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose and non-infringement. Wezuzah makes no warranty that its site, Services, and Content will be error free or that access will be continuous or uninterrupted.
4. YOUR WARRANTIES
You hereby warrant and disclaim Wezuzah from any and all liabilities related to the content of a Publisher’s site. Publishers are responsible for any and all content on the Publisher’s site. Moreover, Publishers warrant and agree that any content of its site that it is responsible for will not: a) be unlawful, harassing, abusive, libelous, tortious, obscene, threatening, vulgar, hateful, racially, ethnically, religiously, sexually or otherwise offensive, as determined by Wezuzah in its sole discretion; b) infringe or violate any third party’s copyright, trademark, trade secret, privacy, or other intellectual property, or other proprietary information; c) give rise to criminal or civil liability or otherwise violate any applicable laws or regulations; or d) cause Wezuzah to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.
5. LIMITATION OF LIABILITY
You acknowledge and agree that Wezuzah is providing access to its site, Contents, and Services under the conditions of the Terms of Service, which includes, but is not limited to the acceptance of the limitation of Wezuzah’s liability. In no event will Wezuzah be liable to you or any third party under any contract, negligence, strict liability, or other legal or equitable theory for: (a) any special, consequential, or incidental damages; (b) procurement costs for substitute products or services; (c) interruption of use; or (d) any amounts that exceed fees paid by you to Wezuzah. For matters beyond Wezuzah’s control, it shall have no liability for any failure to delays. The limitation of liability shall not apply to the extent prohibited by the applicable law.
6. INDEMNIFICATION
You acknowledge and agree to indemnify and hold harmless Wezuzah, its directors, officers, employees, and agents from and against any and all claims, liabilities, damages, costs, expenses, fees (including reasonable attorneys’ fees and court costs) arising out of your use Wezuzah and its Services and Content, which includes, but is not limited to violations of the Terms of Service.
7. TERMINATION
Wezuzah may terminate your access to its site, Services, and Content at any time, with or without cause, effective immediately. All terms and conditions of the Terms of Service which by their nature should survive termination shall survive termination, including, but not limited to ownership, warranties, limitations on liabilities, indemnifications, severability, governing law, jurisdiction, and arbitration.
8. MODIFICATION OF TERMS
Wezuzah reserves the right to modify the Services, Content, its site, including your access to its site, and Terms of Service. Wezuzah will provide notice to you consistent with Section 10 infra. Your continued use of the Services, Content, and access to Wezuzah following the notice of changes constitutes acceptance of those changes. Should Wezuzah offer additional Services and Content, they will be subject to the terms and conditions of the Terms of Service.
9. SEVERABILITY.
If any provisions of the Terms of Service are held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, they are to that extent to be deemed omitted and the remaining provisions of Terms of Service shall remain in full force and effect.
10. NOTICES
Any notice given by Wezuzah to you shall be deemed to have been sufficiently given or served for all purposes under the Terms of Service by (1) a posting on Wezuzah, (2) by email to Users, (3) or by any other reasonable means. You must give notice to Wezuzah (1) by email to wezuzah@gmail.com, (2) by the mailing of the notice in the U.S. mail, certified mail, return receipt requested; or (3) sent by nationally recognized overnight delivery service.
The notices to Wezuzah should be sent to the following:
Wezuzah Corporation
26-26 Jackson Avenue, Suite 802
Long Island City, New York 11101
11. GOVERNING LAW; JURISDICTION; ARBITRATION.
The validity, construction, and performance of this Agreement shall be governed and construed by the laws of the State of New York without regard to its conflict of laws principals. The Parties agree and consent that if a dispute arises between the Parties arising out of or related to the terms of this Agreement, it shall be settled by arbitration administered in New York City, New York, pursuant to a single arbitrator arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The agreement to arbitrate is intended to be interpreted broadly. A party who intends to seek arbitration must first send written notice of intention to pursue arbitration to the other party. The notice must include the nature and basis of the claim as well as the specific relief sought. If an agreement is not reached by the Parties within forty-five (45) days of the receipt of the notice, the Parties can commence an arbitration proceeding.