Legal Disclaimer
American Friends of IDF Widows and Orphans Organization
Terms of Use
Last Updated: October 1, 2024
By accessing or using any of the American Friends of IDF Widows and Orphans Organization (“American Friends of IDFWO,” “we,” “us,” or “our”) Internet properties, including but not limited to, www.AmericanIDFWO.com, mobile websites, microsites, mobile applications, American Friends of IDFWO accounts on American Friends of IDFWO social media sites, online newsletters, and any other digital services and properties officially operated or used by American Friends of IDFWO from time to time (“American Friends of IDFWO Sites” or “Sites”), you agree to comply with and be bound by these Terms of Use (“Terms of Use”) and the American Friends of IDFWO Privacy Policy (“collectively, the “American Friends of IDFWO User Policies.”). Please read these Terms of Use carefully, as well as the American Friends of IDFWO User Policies. If you do not agree to this Terms of Use or the American Friends of IDFWO User Policies, you must immediately terminate use of our Sites.
1. License Grant
The American Friends of IDFWO Sites are owned by American Friends of IDFWO. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the American Friends of IDFWO Sites conditioned on your continued acceptance and compliance with these Terms of Use. You may use the American Friends of IDFWO Sites and the American Friends of IDFWO Content (as defined in Section 2) for your noncommercial personal use and for no other purposes. The American Friends of IDFWO reserves the right to bar, restrict, or suspend any user’s access to the American Friends of IDFWO Sites and/or terminate this license at any time for any reason. American Friends of IDFWO reserves any rights not explicitly granted in these Terms of Use.
2. Proprietary Rights
The content of the American Friends of IDFWO Sites includes, but is not limited to: (i) American Friends of IDFWO trademarks, service marks, logos, brands, brand names, trade dress, trade names, and other distinctive identification (collectively, “American Friends of IDFWO Marks”); (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including but not limited to podcasts, and artwork; and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the American Friends of IDFWO Sites (the items identified in subsections (i), (ii), and (iii) shall be collectively referred to herein as “American Friends of IDFWO Content).
American Friends of IDFWO Content is the property of American Friends of IDFWO, its licensors, sponsors, partners, advertisers, content providers, or other third parties, and is protected in all media now existing or hereafter developed, by law including but not limited to copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws, treaties, and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation, or dissemination of any American Friends of IDFWO Content by you, or by you through any other person or entity is prohibited unless express written consent is obtained from American Friends of IDFWO. For reprint requests, contact us using the information provided in the “Contact Information” section below.
Any use of the American Friends of IDFWO Marks without American Friends of IDFWO’s express prior written consent is strictly prohibited. You may not alter, delete, obscure, or conceal any copyright or other notices appearing in the AP Content, including but not limited to, any such notices appearing on American Friends of IDFWO Content.
3. License Restrictions
Unless otherwise expressly set forth in these Terms of Use or you receive American Friends of IDFWO’s prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove, or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer,, or incorporate into any information retrieval system (electronic or mechanical), the American Friends of IDFWO Sites, any American Friends of IDFWO Content, or any portion thereof.
You may not (i) use the American Friends of IDFWO Sites for any unauthorized or illegal purpose or activity, including but not limited to, any activity to obtain or attempt to obtain unauthorized access to the American Friends of IDFWO Sites, including American Friends of IDFWO Content; (ii) interfere with the proper working of the American Friends of IDFWO Sites including but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack, or other limiting routine, instruction, or design; or (iii) interfere with any person’s use and enjoyment of the American Friends of IDFWO Sites.
4. Age Limitations
The American Friends of IDFWO Sites is not intended for anyone under the age of 18, without the consent of a parent or guardian. If you are under 18 years of age, please do not use or access the American Friends of IDFWO Sites, without the consent of a parent or guardian. By using the American Friends of IDFWO Sites, you affirm that you are over the age of 18 or that you have the consent of a parent or guardian.
5. Acceptance of Terms
The American Friends of IDFWO Sites are available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and American Friends of IDFWO regarding your use of and access to the American Friends of IDFWO Sites. By using the American Friends of IDFWO Sites, you agree to be bound by the Terms of Use.
6. Revisions to Terms of Use
American Friends of IDFWO reserves the right to revise these Terms of Use at any time in its sole discretion by posting the amended Terms of Use on the American Friends of IDFWO Sites. Any use of American Friends of IDFWO Sites after our publication of any such revisions shall constitute your acceptance of the Terms of Use as modified. You are responsible for regularly reviewing the Terms of Use posted to the American Friends of IDFWO Sites. No revision to these Terms of Use, including to the Arbitration provision set forth herein, shall apply to a controversy or claim that had actual notice on or before the date of any such revision.
7. American Friends of IDFWO User Policies; Additional Terms and Conditions
American Friends of IDFWO User Policies, as well as other additional terms and conditions applicable to certain portions of the American Friends of IDFWO Sites (collectively, “Additional Terms and Conditions”), are incorporated herein by reference. To the extent a conflict exists between these Terms of Use and any Additional Terms and Conditions for the activity in which you choose to participate, the Additional Terms and Conditions shall govern.
8. Click-Through Agreements
Prior to using certain areas of the American Friends of IDFWO Sites, you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept,” “I Agree,” “I Consent,” “Okay,” or other words or actions that similarly acknowledge your consent to or acceptance of a Click-Through Agreement. To the extent a conflict exists between these Terms of Use and any Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement will govern.
9. Emergencies
THE AMERICAN FRIENDS OF IDFWO SITES IS NOT AN EMERGENCY-RESPONSE OR EMERGENCY-MONITORING SERVICE AND ANY PERSON WHO IS AWARE OF AN EMERGENCY SITUATION OR BELIEVES THAT A PERSON MAY BE AT RISK OF INJURY OR DEATH OR DANGER OR WHO MAY HARM THEMSELVES OR ANOTHER PERSON SHOULD DIAL “911” OR AN APPROPRIATE EMERGENCY RESPONDER. AMERICAN FRIENDS OF IDFWO IS UNDER NO OBLIGATION TO MONITOR OR RESPOND TO COMMUNICATIONS MADE TO THE AMERICAN FRIENDS OF IDFWO SITES.
10. Registration and Personal Login Information
Certain features and areas of the American Friends of IDFWO Sites are available only with registration, login, or a paid subscription. If you are required to register and select a unique login and password (“Personal Login Information”), you accept responsibility for all activities that occur under y our registration account. You agree to provide true, accurate, and complete information at the time of registration, and to promptly update this information as needed so that it remains true, accurate, and complete. You must keep your Personal Login Information confidential, including taking appropriate measure to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. American Friends of IDFWO is not responsible or liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact American Friends of IDFWO immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information or otherwise wish to deactivate your Personal Login Information due to security concerns.
11. Privacy Policy
For information about American Friends of IDFWO’s data protection practices and American Friends of IDFWO’s use and protection of your personal information, please review American Friends of IDFWO’s Privacy Policy, which is incorporated herein by reference. By using the American Friends of IDFWO Sites and agreeing to these Terms of Use, you also agree that you have read, understood, and accepted American Friends of IDFWO’s Privacy Policy.
12. User Obligations
You warrant that you will abide by, without limitation, all applicable local, state, national, and international laws and regulations with respect to your use of the American Friends of IDFWO Sites and not interfere with the use and enjoyment of the American Friends of IDFWO Sites by other users or with American Friends of IDFWO ‘s operation and management of the Sites. You further warrant that your use of the American Friends of IDFWO Sites and any data input into or generated by the American Friends of IDFWO Sites shall comply with all applicable laws, regulations, and ordinances. You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties, or forfeitures occasioned by any such violations or lack of rights. You must, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the American Friends of IDFWO Sites, including but not limited to, information required to be provided through an online American Friends of IDFWO registration form. If any false, inaccurate, untrue, unauthorized, or incomplete information is submitted by you, American Friends of IDFWO reserves the right to terminate your access to and use of the American Friends of IDFWO Sites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the American Friends of IDFWO Sites, or defame or otherwise harm any party through your use of the American Friends of IDFWO Sites. Additionally, you agree to abide by the American Friends of IDFWO Code of Conduct, if applicable.
You agree that you will not use the American Friends of IDFWO Sites to:
a) Upload, download, post, email, transmit, or otherwise make available any content, including through any attachments thereto, that:
i. Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, religiously, ethnically, or otherwise objectionable;
ii. You do not have a right to make available under any law or under contractual or fiduciary relationship (such as, but not limited to, inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
iii. Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
iv. Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” messages, or any other form of solicitation;
v. Includes any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, limit the functionality of, or otherwise negatively impact Our Sites, any computer software or hardware, or telecommunications equipment;
b) Collect or store personal data of other users of the American Friends of IDFWO Sites;
c) Intentionally disrupt or interfere, whether directly or indirectly, with the American Friends of IDFWO Sites in any matter that may adversely affect American Friends of IDFWO or any user of the American Friends of IDFWO Sites;
d) Restrict or inhibit any person from using Our Sites, disclose personal information obtained from Our Sites, or collection information about users of Our Sites;
e) Misrepresent your identify or affiliation in any way;
f) Use, modify, create derivative works or, transfer (by sale, resale, license, sublicense, download, or otherwise), reproduce, distribute, display, or disclose American Friends of IDFWO Content, except as expressly authorized herein;
g) Reverse engineer, disassemble, or decompile any section or technology on Our Sites, or attempt to do any of the foregoing:
i. Gain unauthorized access to Our Sites, to other users’ accounts, names, personally identifiable information, or other information, or to other computers or websites connected or linked to Our Sites;
h) Breach, disable, interfere with, or otherwise circumvent American Friends of IDFWO’s security or authentication measures;
i) Allow any other person to use Our Site with your registration or account information;
j) Intentionally or unintentionally violate any applicable local, state, national, or international law.
13. User-Generated Content
American Friends of IDFWO may provide opportunities for you to share your views, comments, and other communications, pictures, track back URLs, or videos on our American Friends of IDFWO Sites, which may include discussion boards, blogs, and other services that allow users to provide feedback, comment, or content (“User-Generated Content”). By contributing User-Generated Content to any of our American Friends of IDFWO Sites or social media profiles, users understand and acknowledge that this information is available to the public and grant American Friends of IDFWO a nonexclusive license to display, reproduce, transmit, and modify such User-Generated Content and that American Friends of IDFWO may use the User-Generated Content for internal and external marketing purposes. You are solely responsible for the User-Generated Content that you submit. If you believe any User-Generated Content infringes on your proprietary rights, contact American Friends of IDFWO using the information in the “Contact Information” section below.
American Friends of IDFWO does not approve, endorse, or adopt any User-Generated Content submitted by you or others. You agree to indemnify American Friends of IDFWO against all claims and liabilities resulting from User-Generated Content. Users who do not wish to have information they have made available via these sites used, published, copied, and/or reprinted, should not post on the American Friends of IDFWO Sites.
Please note that other users may use posted information beyond American Friends of IDFWO’s control. All user-Generated Content is read at your own risk, and American Friends of IDFWO recommends that you not rely on the information or advice in any of these postings.
American Friends of IDFWO retains the right to remove any content for any reason, including but not limited to, content that it deems threatening, demeaning, profane, obscene, a violation of intellectual property rights or privacy laws, off-topic, commercial, or promotion of organization or programs, or otherwise injurious or illegal. American Friends of IDFWO also retains the right to ban or block a user from posting on American Friends of IDFWO social media profiles without notice for a pattern of inappropriate posting or as it deems necessary. All user content must comply with the American Friends of IDFWO Code of Conduct, if applicable.
You acknowledge, consent, and agree that American Friends of IDFWO may access, preserve, and disclose your account information and the User-Generated Content you have posted if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in the sole opinion of American Friends of IDFWO to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any User-Generated Content violates the rights of third parties; (d) respond to your request for customer service; or € protect the rights, property, or personal safety of American Friends of IDFWO, its users, and the public.
User-Generated Content does reflect the views, opinions, or positions of American Friends of IDFWO or American Friends of IDFWO Board Members. Any User-Generated Content shall not be deemed to be an endorsement by American Friends of IDFWO. American Friends of IDFWO is not responsible for content or links posted or otherwise shared by users.
14. Responsibility for Use of the Internet and American Friends of IDFWO Sites and Exclusion of Liability
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes.
Use of the Internet and the American Friends of IDFWO Sites is solely at your risk and is subject to, without limitation, all applicable local, state, national, and international laws and regulations. Unless expressly required by law, American Friends of IDFWO does not guarantee the confidentiality or security of any communication or other material transmitted to or from the American Friends of IDFWO Sites over the Internet or communication network. American Friends of IDFWO shall not be obligated to correct or update the American Friends of IDFWO Sites, the American Friends of IDFWO Content, the User-Generated Content, and shall not be liable for omissions, typographical errors, or out-of-date information that may appear on the American Friends of IDFWO Sites. You acknowledge that you provide your personal information at your own risk.
15. Information Submission
You hereby undertake and confirm that all information, data, and documents that you submit through our Sites including when registering for an account, submitting reports, making donations, responding to surveys, signing petitions, etc., are complete and accurate, align with the Site’s purpose, and do not include any personally identifiable information about any individual without that individual’s appropriate consent or authorization.
16. Links to Third-Party Websites and Third-Party Information
The American Friends of IDFWO Sites and American Friends of IDFWO Content may feature materials, information, products, and services provided by third parties and may link to third-party websites as a convenience to you. The inclusion of any such third party features or links does not imply an approval, endorsement, or recommendation by American Friends of IDFWO.
We are not affiliated with and have no control over third parties, and we do not assume any responsibility for the content, terms of use, privacy policies, actions, or practices of any third parties. American Friends of IDFWO makes no representation regarding, and expressly disclaims all warranties regarding the quality, non-infringement, accuracy, completeness, timeliness, usefulness, safety, or reliability of, or related to, any third parties.
You are solely responsible and liable for your interaction with third parties. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against American Friends of IDFWO, and release American Friends of IDFWO from any and all liability, arising from your use and interaction on any third party and from your interaction with any Third-Party Source. If you have any query or complaint regarding a Third-Party Source or any Third-Party Services, you agree to contact the Third-Party Source directly.
Please remember that when you use a link to go from our Sites to another website, American Friends of IDFWO’s Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our Sites, is subject to that website’s own rules and policies.
17. Transactions
If you wish to purchase products or Services described or linked to on the American Friends of IDFWO Sites (each such purchase, a “Transaction”) or obtain membership to American Friends of IDFWO, American Friends of IDFWO or the third party provider of the product or service will request certain information from you that is applicable to your Transaction, including, without limitation, credit card and other payment and shipping information. You understand that, if any such information is provided to American Friends of IDFWO, then v shall treat any such information in the manner described in our Privacy Policy. By supplying such information, you grant American Friends of IDFWO the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. You agree to pay all charges incurred by you or any users of your membership account or credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. You shall also be responsible for paying any applicable taxes relating to your purchases. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MECHANISM USED IN CONNECTION WITH ANY SUCH TRANSACTION.
Descriptions or images of, or references to, products or services on the American Friends of IDFWO Sites do not imply American Friends of IDFWO’s endorsement of such products or Services. We reserve the right, without prior notification, to change such descriptions or references, to limit the order quantity on any product or service and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to American Friends of IDFWO’s acceptance of any order. Price and availability of any product or service are subject to change without notice. American Friends of IDFWO is not responsible for errors in the prices or descriptions of any product or service. Refunds and exchanges shall be subject to American Friends of IDFWO’s and/or any applicable third party’s refund and exchange policies in effect at the time of the applicable Transaction. Current rates for any product or service available through the American Friends of IDFWO Sites may be obtained by emailing us using the information provided in the “Contact Information” section below.
18. Donations
American Friends of IDFWO may collect donations through the American Friends of IDFWO Sites, social media, and other platforms. Donations may be processed through third-party payment service providers and donation management providers (“Third-Party Providers”).
a. To make a donation using a credit card, you will be required to provide personal details, including your full name, identification number, email address, mobile phone number, mailing address (including postal code), and payment information.
b. When donating, your credit card will be verified by the credit card issuer. After the donation is confirmed, you will receive a donation confirmation via email in compliance with legal requirements.
c. In case you do not receive a donation confirmation in your inbox, please check your spam folder or similar folders. If the confirmation is still not found, it may be due to an error in entering your email address. If this occurs, please contact American Friends of IDFWO using the information provided in the “Contact Information” section below.
d. American Friends of IDFWO may use donation funds at its sole discretion, provided that its actions align with American Friends of IDFWO’s mission and purpose.
Donations are non-refundable.
19. Social Media and Online Communities
American Friends of IDFWO may provide you opportunities to share information on third party social media sites or platforms such as Facebook, Instagram, LinkedIn, X (Twitter), Google+, or other similar sites (collectively, “Social Media Platforms”). American Friends of IDFWO may also provide you opportunities to participate in online communities on such Social Media Platforms and may host discussion boards, chats, and other forums on its American Friends of IDFWO Sites. For example, you may use your Instagram handle and tag your photos and postings (“Tagged Content”) with hashtags that we may provide from time to time in order to submit your Tagged Content for potential use on our Sites. If you post Tagged Content with hashtags as we may provide from time to time, your activity and participation is governed by these Terms of Use. Additionally, you remain responsible for your compliance with other applicable terms such as those of Instagram or other Social Media Platforms. Without limitation of any other obligations, you agree that you will be respectful of others and their privacy and will not submit photos of others without their express permission. American Friends of IDFWO may terminate or restrict your access to American Friends of IDFWO Sites at any time.
20. Selection and Removal of Tagged Content
American Friends of IDFWO may review Tagged Content and select certain Tagged Content for posting on our Sites; we make no guarantee that your Tagged Content will be posted. Notwithstanding the foregoing, you remain fully responsible and liable for your Tagged Content and its compliance with these Terms of Use, other applicable terms of use and applicable laws. If your Tagged Content is posted to our Sites, you may request removal of your Tagged Content by marking it as “private” in your Social Media Platform account or by emailing us using the information provided in the “Contact Information” section below.
21. Monitoring
We have no obligation to monitor any related websites, chats, discussion boards or any other materials that you or third parties transmit or post on or to the American Friends of IDFWO Sites or related websites, if any. However, you acknowledge and agree that we have the right (but not the obligation) to monitor the American Friends of IDFWO Sites, discussion boards, the chats, and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a chat or discussion board); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the American Friends of IDFWO Sites properly, to protect ourselves, our sponsors, our partners, and our visitors, and to comply with legal obligations or governmental requests.
22. Link to The American Friends of IDFWO Sites
American Friends of IDFWO permits you to link to the American Friends of IDFWO Sites provided that: (i) you link to but do not replicate any page on our Sites; (ii) the hyperlink text shall accurately describe the content as it appears on our Sites; (iii) you shall not misrepresent your relationship with American Friends of IDFWO or present any false information about American Friends of IDFWO and shall not imply in any way that American Friends of IDFWO is endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website that you do not own; (v) your website and domain name do not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/r (vi) you, and your website, comply with these Terms and applicable law.
23. Copyright Infringement – DMCA Notice
The Digital Millennium Copyright Act (the “DMCA”) provides remedies for copyright holders who believe in good faith that material appearing on the Internet infringes their rights under copyright law. If you believe in good faith that content or material on the American Friends of IDFWO Sites infringes a valid copyright owned by you, you (or your agent) may send American Friends of IDFWO a notice requesting that the material be removed, or access to it blocked. This request should be sent to American Friends of IDFWO using the information provided in the “Contact Information” section below.
The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to American Friends of IDFWO Sites should be sent to the email address above.
24. Disclaimer as to Accuracy of Information; Non-Endorsement
The information contained on the American Friends of IDFWO Sites and American Friends of IDFWO Content is for informational purposes only. While we attempt to be as accurate as possible, we cannot and do not warrant that the Content available on our Sites is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
The materials and information on the American Friends of IDFWO Sites and American Friends of IDFWO Content do not necessarily reflect the opinions of American Friends of IDFWO or of the American Friends of IDFWO Board Members. You acknowledge and agree that American Friends of IDFWO shall not be liable to you or any third party for any act or failure to act relating thereto, in addition to the limitation of liability claims contained in these Terms of Use.
25. Representation and Warranties
You represent and warrant to us that: (a) you are at least 18 years of age; (b) your use of the American Friends of IDFWO Sites will be in compliance with these Terms; (c) the information you have provided to American Friends of IDFWO in your registration is accurate and complete; (d) you will comply with any and all laws applicable to your use of the American Friends of IDFWO Sites; (e) you will not interfere with a third party's use and enjoyment of the American Friends of IDFWO Sites; (f) you will not interfere with or disrupt American Friends of IDFWO’s or its vendors’ security measures; (g) if any information you provide to American Friends of IDFWO becomes inaccurate, incomplete, or otherwise false or misleading, you will immediately notify American Friends of IDFWO; (h) you acknowledge that any fees paid by you or by any other persons on your behalf are not provided in exchange for any undertaking by American Friends of IDFWO or its representatives that any healthcare services will be made available to you; and (i) you are accessing the American Friends of IDFWO Sites for yourself or a child under the age of eighteen (18) for whom you are the legal guardian.
26. Warranties Disclaimed
The American Friends of IDFWO Sites and American Friends of IDFWO Content are provided “as is” and “as available.” Neither American Friends of IDFWO, its affiliates, subsidiaries, employees, directors, officers, members, nor any of its agents, representatives, vendors, contractors, partners, licensors, advertisers (“collectively “American Friends of IDFWO Parties”) provide any express or implied representation or warranty of any kind, including but not limited to, any representation or warranty that (i) the American Friends of IDFWO Sites or American Friends of IDFWO Content, or any results that may be obtained by you, are complete, accurate, reliable, or non-infringing; (ii) access to the American Friends of IDFWO Sites will be uninterrupted, timely, secure, or error-free; (iii) the American Friends of IDFWO Sites will be free from viruses or other harmful components; (iv) that any defects or errors on the American Friends of IDFWO Sites or in American Friends of IDFWO Content will be corrected; (v) the quality of any products, services, information, whether oral or written, or other material purchased or obtained by you through the American Friends of IDFWO Sites will meet your expectations; or (vi) American Friends of IDFWO Content will remain unchanged or accessible on the American Friends of IDFWO Sites. All warranties, express or implied, are disclaimed to the fullest extent permitted by law, including but not limited to, any warranty of merchantability, fitness for a particular purpose, and/or non-infringement of intellectual property. You understand and acknowledge that your sole and exclusive remedy with respect to any defect in or dissatisfaction with the American Friends of IDFWO Sites or American Friends of IDFWO Content is to cease using the American Friends of IDFWO Sites and American Friends of IDFWO Content.
Any content downloaded or otherwise obtained through the use of the CO American Friends of IDFWO MPANY Sites is downloaded at your own risk. You will be solely responsible for any damage to your property or loss of data that results from such download.
American Friends of IDFWO does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the American Friends of IDFWO Sites or any hyperlinked website or service, or featured in any banner or other advertising, and American Friends of IDFWO will not be a party to or in any way monitor any transaction between you and third-party providers or products or services.
27. Indemnification
To the fullest extent permitted by law, you shall indemnify, defend, and hold harmless American Friends of IDFWO Parties from and against all claims arising from or in any way related to your use of the American Friends of IDFWO Sites, and/or American Friends of IDFWO Content, a violation by you of these Terms of Use or the American Friends of IDFWO Code of Conduct (if applicable), or any other actions connected with your use of the American Friends of IDFWO Sites and/or American Friends of IDFWO Content, including any liability or expense, losses, damages (actual or consequential), suits, judgments, litigation costs, and attorneys’ fees. American Friends of IDFWO will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to American Friends of IDFWO or American Friends of IDFWO Parties other than under this Section.
28. Limitation of Liability and Damages
The American Friends of IDFWO Parties shall not be liable, and disclaim any liability, for any claim, loss, or damage, direct or indirect, including, but not limited to, compensatory, consequential, incidental, indirect, special, exemplary, or punitive damages of any kind whatsoever in connection with, as a result of, or arising (i) out of the use of or inability to use the American Friends of IDFWO Sites and/or any American Friends of IDFWO Content; (ii) from any interruptions in the availably of the American Friends of IDFWO Sites and/or American Friends of IDFWO Content; (iii) from any loss of data and/or from any equipment failure; (iv) out of the procurement of substitute goods or services resulting from any problems with the goods, content, and/or services purchased or obtained from the American Friends of IDFWO Sites, or transactions entered into, through or from the American Friends of IDFWO Sites; (v) from unauthorized access to or alteration of your transmissions or data; (vi) from statements or conduct of any third party on the American Friends of IDFWO Sites; (vii) from any delay or failure of the American Friends of IDFWO Sites arising out of causes beyond American Friends of IDFWO’s control; (viii) out of the use of, reference to, or reliance on, the American Friends of IDFWO Content; (ix) out of any third party materials, information, products, and services contained on, or accessed through, the American Friends of IDFWO Sites; (x) out of any content, materials, accuracy of information, and/or quality of the products, services, or materials provided by or advertised on third party websites; or (xi) out of any other matter relating to the American Friends of IDFWO Sites or American Friends of IDFWO Content.
In the event that you are dissatisfied with, or dispute, these Terms of Use, the American Friends of IDFWO Sites, and/or the American Friends of IDFWO Content, your sole right and exclusive remedy is to terminate your use of the American Friends of IDFWO Sites. You confirm that American Friends of IDFWO has no other obligation, liability, or responsibility to you or any other party.
29. Binding Individual Arbitration
Any controversy or claim (“Claim”) you have arising out of or relating to these (i) Terms of Use, (ii) Additional Terms and Conditions, (iii) American Friends of IDFWO Sites, and (iv) any products and/or services accessed or purchased through the American Friends of IDFWO Sites shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes or by any other neutral service agreed to by the parties according to this provision and the applicable arbitration rules for that forum.. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can.
Any such Claim shall be brought, in any arbitration or other legal proceeding, solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in New York, New York. All submissions to the arbitrator, the proceedings, and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the State of New York and/or the United States District Court for the Southern District of New York shall have exclusive jurisdiction and venue over (a) any action concerning the enforcement of an arbitration award, or (b) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use, unless the parties mutually agree on another location. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum, or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING. American Friends of IDFWO reserves all rights and remedies available to it in law or equity, with respect to any matter relating to these (i) Terms of Use, (ii) Additional Terms and Conditions, (iii) American Friends of IDFWO Sites, and (iv) any products and/or services accessed or purchased through the American Friends of IDFWO Sites.
Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or class-wide arbitration shall be brought only in the United States District Court for the Southern District of New York or any State court located in New York, New York.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). For purposes of this arbitration provision, references to you and American Friends of IDFWO also include respective subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns.
30. Exclusions Permitted By Law
Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, any exclusion of limitations set forth in these Terms of Use shall apply only to the extent that they are lawful in your jurisdiction.
31. Requests for Information
If you contact American Friends of IDFWO and request information about our programs, we will use your email or postal address to provide the information you requested. You agree that we may use and share information you provide us as described in our Privacy Policy.
32. Downloadable Files and Email
American Friends of IDFWO cannot and does not guarantee or warrant that email or files available for downloading from its Sites will be free of viruses or other code that may contaminate or destroy data on your computer. You are responsible for implementing sufficient protective procedures and checks to maintain the accuracy of your data for maintaining a data back-up or other means for the reconstruction of any lost data. American Friends of IDFWO does not assume any responsibility or risk for damage to your computer or its files related to your use of the Sites.
33. Term and Termination
These Terms of Use will take effect at the time you begin using the American Friends of IDFWO Sites. American Friends of IDFWO reserves the right, with or without notice, at any time and for any reason, to deny you access to the American Friends of IDFWO Sites or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein. You may choose to terminate these Terms of Use at any time by ceasing to use the American Friends of IDFWO Sites, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the American Friends of IDFWO Sites, including any American Friends of IDFWO Content, in your possession.
34. Notice for California Users
If you have a question or complaint regarding the Services provided to you by American Friends of IDFWO, please contact us using the information provided in the “Contact Information” section below.
35. Jurisdiction
Information provided on American Friends of IDFWO’s Platform is not targeted to users in any particular locality nor is it intended to constitute the doing of business in any jurisdiction.
The American Friends of IDFWO Sites are a service provided by American Friends of IDFWO and do not constitute any contact with any jurisdiction outside the State of New York. Use of our Sites is prohibited in any jurisdiction having laws that would void these Terms of Use in whole or essential part or which makes accessing the Sites illegal. Users in such jurisdictions visit and use our Sites entirely at their own risk. Note: the essential parts of these Terms of Use include, without limitation, the exclusive remedy provisions, and the warranty disclaimers.
36. Governing Law
These Terms of Use and all matters regarding your use of the American Friends of IDFWO Sites shall be governed by, construed in accordance with, and enforced under the laws of the State applicable to contracts made and executed and wholly performed in the State of New York, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative, or regulatory proceedings.
37. Statute of Limitations
Regardless of any statute or law to the contrary, any claim or cause of actin arising out of or related to your use of the American Friends of IDFWO Sites must be filed by you within 1 year after such claim or cause of action arose or be forever barred.
38. Use of American Friends of IDFWO Sites and American Friends of IDFWO Content Outside of the United States
American Friends of IDFWO makes no claims regarding access to or use of the American Friends of IDFWO Sites or the American Friends of IDFWO Content outside of the United States. If you use or access the American Friends of IDFWO Sites or the American Friends of IDFWO Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.
39. Assignment
You may not assign any rights or obligations under this Agreement without American Friends of IDFWO’s prior written consent. American Friends of IDFWO may assign all or part of this Agreement.
40. Termination; Survival
If you violate these Terms of Use, your ability to use the American Friends of IDFWO Sites will be terminated. American Friends of IDFWO may, in its sole discretion, terminate your access to the Sites, or any portion thereof, for any reason whatsoever without prior notice. These actions are in addition to any other right or remedy American Friends of IDFWO may have available at law. Further, American Friends of IDFWO shall not be liable to you or any third party for any such termination or discontinuance. You may terminate these Terms of Use by ceasing to access and use the Sites. Upon any termination of these Terms of Use, you must immediately cease use of the Sites. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination and your warranties and indemnities shall survive any termination of these Terms of Use. All sections of these Terms of Use which, by their nature are designed to survive expiration or termination of this Agreement, including but not limited to indemnity and limitation of liability clauses, shall survive.
41. Waiver
The failure to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision.
42. Notices
You agree that we may provide any and all notices to you by e-mail, telephone, fax, as well as by any other method.
43. Severability
If any of the provisions of these Terms of Use are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of these Terms of Use to retain its full force and effect.
44. Entire Agreement; Amendment
These Terms of Use, together with any revisions, any Additional Terms or Conditions incorporated by reference, and any Click-Through Agreement, constitute the entire agreement between you and the relating American Friends of IDFWO Sites and its use by you, and supersedes any previous written or oral communication regarding use of the American Friends of IDFWO Sites.
45. Electronic Document
This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms of Use and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
46. Language
English shall be the language of these Terms and the parties waive any right to use and rely upon any other language or translations.
47. Contact Information
If you have questions, comments, or complaints concerning our privacy practices or if you wish to change, access, or remove your Personal Data, please contact us using the online contact form on our Sites. We will attempt, where practical, to respond to your requests and to provide you with additional privacy-related information.
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