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Terms And condition

1. Responsibility to Insure Funds Are Available

You must insure that the appropriate funds are available in your account to clear the transaction. Transactions will often take 2-3 business days to clear your account. If any electronic payment is returned unpaid by your bank or financial institution for any reason, you may be assessed applicable late fees.New Paragraph

2. Portal

The Portal is owned and operated by Gizber, Inc. d/b/a Gizber (Collectively with its subsidiaries and affiliates,“we” “us” or “our”).

IMPORTANT! PLEASE READ CAREFULLY.

THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND GIZBER. THIS AGREEMENT ALONG WITH ANY OTHER TERMS THAT MAY BE POSTED ON THE PORTAL WITH RESPECT TO GIZBER’S PRODUCTS AND SERVICES, AND ANY OTHER WRITTEN AGREEMENTS OR CONTRACTS BETWEEN YOU AND GIZBER THAT INCORPORATE THESE TERMS BY REFERENCE, SET FORTH THE COMPLETE TERMS AND CONDITIONS UNDER WHICH YOU MAY ACCESS AND USE THE PORTAL.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE PORTAL. BY UTILIZING THIS PORTAL ON THE TABLET WHICH IS SUPPLIED BY GIZBER, WITHOUT ANY OTHER INDICATIONS OR ACTIONS, THE TERMS AND CONDITIONS GOVERNING THE USE OF THIS PORTAL AND TABLET SHALL APPLY.

1. CONTENT AND SERVICES NOT PROVIDED

  1. GIZBER has no responsibility or duty to review, approve or pre-screen any content posted on the PORTAL by any third party, and GIZBER is not responsible for such content. You understand that all postings, messages, text images, photos, files, video, and other information, materials or documents posted on the PORTAL or transmitted through or in connection with the Services by Users, advertisers, or others are the sole responsibility of those from whom such content originated. GIZBER DISCLAIMS ANY AND ALL LIABILITY RELATING TO USER CONTENT. GIZBER DOES NOT GUARANTEE, AND YOU SHALL NOT HOLD GIZBER RESPONSIBLE FOR, NON-GIZBER CONTENT (INCLUDING THE ACCURACY OR TRUTH OF SUCH NON-GIZBER CONTENT), OR THE NATURE, SAFETY, QUALITY, CONDITION, MANAGEMENT OF ANY PORTAL OR THE COMPLIANCE WITH ANY LAWS, REGULATIONS OR RULES THAT MAY BE APPLICABLE. YOU AGREE THAT YOU BEAR SOLE RESPONSIBILITY FOR EVALUATING, AND ARE SOLELY RESPONSIBLE FOR ALL RISKS ASSOCIATED WITH THE USE OF ANY NON-GIZBER CONTENT, AND THAT UNDER NO CIRCUMSTANCES WILL GIZBER BE LIABLE FOR ANY NON-GIZBER CONTENT OR FOR ANY DAMAGE OR LOSS OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY NON-GIZBER CONTENT.
  2. GIZBER must approve, but the listing entity provides the text to be utilized in its listing. GIZBER reserves the right to edit or delete such text without providing any reason therefor, at GIZBER’S sole discretion, and at GIZBER’S sole discretion it may choose not to list any given entity. GIZBER will not originate text itself, but will utilize text that its listing entities provide, subject to the above conditions. GIZBER does not have any obligation in its sole discretion, to delete or refuse to post any NON-GIZBER content that violates the letter or spirit of any applicable agreements between GIZBER and the Users, advertisers or listing entities, posting or seeking to post any content or for any other reason.
  3. You acknowledge and agree that GIZBER provides only the Services as described in these terms and conditions or as otherwise expressly provided on the PORTAL by GIZBER. GIZBER does not provide, and bears no responsibility or liability for, any other content or services as follows: Evaluation, screening or pre-approval of advertisers who post listings or other content on the PORTAL.

2. ADDITIONAL REQUIREMENTS

  1. Certain aspects of the Services may be subject to additional requirements, guidelines other technical and non-technical specifications, or other rules or policies of GIZBER in addition to those set forth in the Terms. All such GIZBER Requirements will be posted in an appropriate location on the PORTAL and by this reference are incorporated into these Terms. In the event of a conflict between the GIZBER Requirements and these Terms, the GIZBER Requirements shall take precedence.

3. MODIFICATIONS

GIZBER may modify or update these Terms from time to time in its sole discretion, and reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the PORTAL or any part thereof, or any or all of the Services, or any PORTAL with or without notice and without any liability. You agree that GIZBER has no responsibility or liability for the failure of the PORTAL and the deletion of other content maintained or transmitted by the PORTAL. You further agree that GIZBER shall not be liable to you or to any third party for any modifications, suspension or discontinuance of the PORTAL. Modifications to these Terms, including but not limited to any GIZBER Requirements, will be posted on the relevant area of the PORTAL and will be effective immediately upon posting. You can review the most current version of the Terms at any time by clicking on the Terms of Service link located on the PORTAL or Tablet. You agree to review the Terms from time to time to ensure you are updated as to any modification. By continuing to use the PORTAL following any such modification, you accept and agree to be bound by such modifications. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE AND EXCLUSIVE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE PORTAL.

4. ACCOUNT REGISTRATION AND USE:

In order to use certain features of the PORTAL or the Services, you will have to register and create a password-protected account (“Your Account”).

4.1 Your Account. You agree to

  1. provide true, accurate, current and complete information as prompted by the registration form;
  2. maintain and update such information to keep it true accurate, current, and complete at all times.

GIZBER reserves the right to delete Your Account and refuse any and all content or future use of the PORTAL (or any portion thereof) without notice if you are found to have misrepresented your age, identity, or any other information submitted in connection with Your Account if GIZBER has reasonable ground to suspect that such information is untrue inaccurate, incomplete or not current. You are responsible for maintaining the confidentiality of your password, your email address and Your Account, and are fully responsible for all activities that occur under your password and Your Account. You agree to

  1. immediately notify GIZBER of any unauthorized use of your password or account, or any other breach of security;
  2. immediately change your password if you become aware that Your Account has been compromised;
  3. ensure that you fully exit from Your Account at the end of each session.

You agree and acknowledge that you will not allow others to utilize Your Account and that you will not disclose your password to anyone. You will be solely responsible for safeguarding your password and also for any actions under your password and Account whether authorized by you or not. If you lose control of your password, you may lose substantial control of your personal information and could potentially be subject to legally binding actions taken on your behalf. You further agree not to use anyone else’s password on the PORTAL or attempt to gain access to the GIZBER account of any other user, GIZBER CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

4.2 PRIVACY POLICY AND YOUR INFORMATION AND MATERIAL.By submitting information and materials and in order for GIZBER to provide you with the Services, you hereby consent to GIZBER’s use and sharing of your information and materials as described herein, which is incorporated into these Terms by the reference. In addition, you hereby represent and warrant that your information and materials:

  1. do not and will not directly or indirectly violate, infringe or breach any duty toward or rights of any person or entity, including without limitation any copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy right;
  2. are not fraudulent, misleading, hateful, tortious, defamatory., slanderous, libelous, abusive, violent, threatening, profane, vulgar or obscene;
  3. do not harass others, promote, bigotry, racism, hatred or harm against any individual or group, promote discrimination based on race, sex, religion, nationality, sexual orientation or age, or otherwise interfere with another party’s use of the PORTAL or the Services;
  4. do not promote illegal or harmful activities;
  5. are not illegal, unlawful or contrary to the international, national, federal, state, provincial, or local laws or regulations applicable to the User Materials where created, displayed or accessed.

4.3 COMMUNICATIONS.Although GIZBER provides a platform through the PORTAL and the Services through which Users may communicate with various other users, advertisers, or other persons or entities (collectively a “third-party”)(the “communications”), GIZBER is not involved in those third-party communications and not responsible or liable under any circumstances for the content of any third-party communications, or for any absence of communications by a third-party. The contents of such third-party communications are determined solely by the third-party responsible for the communications and not GIZBER. GIZBER is only responsible for the content of information issued directly by GIZBER. You acknowledge and agree that you will address any issues or concerns about third-party communications with the responsible third-party by contacting said third-party directly and not GIZBER. GIZBER shall not become involved in any matters pertaining to third-party communications except where the issue is solely attributable to a malfunction or error occurring on the PORTAL or in connection with the Services.

4.4 PAYMENTS.Except as expressly provided below, any payments you arrange through the PORTAL including any services or transactions, are for services provided by a party other than GIZBER. The total payment amounts required for those transactions are determined solely by you and any other party with whom you are entering into an agreement and not by GIZBER. You acknowledge that you will address any discrepancies, issues or concerns with such payments by contacting the other party directly, rather than GIZBER. GIZBER shall not be involved in such issues except where the issue is solely attributable to a malfunction or error occurring on the PORTAL or in connection with the Services. However, users may take advantage of certain Services that have a charge associated with them that is imposed by GIZBER or other third-party, which may or may not be a subsidiary or affiliate of GIZBER. GIZBER or such other company may collect these fees directly from Users as provided by the PORTAL or the Services. You acknowledge these fees are subject to change. The PORTAL may set out further terms applying to such payments (including in relation to refunds (if any), billing arrangements and any consequence of failing to make timely payments).

5. GIZBER’S RIGHTS

You acknowledge that GIZBER has the right to investigate and prosecute violations of these Terms, including intellectual property publicity and privacy rights infringement and PORTAL security issues to the fullest extent of Halacha. In the event of any disputes between the parties, the parties will seek determination of the issues by a Rabbinical Court, instead of litigation. The parties agree to utilize the Rabbinical Court of Machon L’Hoyroa, 168 Maple Avenue, Monsey, New York 10952, with all determinations of Halacha to be determined by the Rabbanim of GIZBER.

6. PORTAL CONTENT GENERALLY

It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, statements, representations, services and other information provided through the PORTAL. GIZBER does not endorse or represent the reliability, accuracy or quality of any information, goods, services or products displayed or advertised on the PORTAL. We make no representations or warranties, express or implied, with respect to the information provided on this PORTAL.

7. THIRD-PARTY LINKS, PRODUCTS AND SERVICES.

7.1 Third Party Websites and Services. The PORTAL may contain links to third-party websites or resources. Third party links are included solely for the convenience of Users, and do not constitute any endorsement or approval by GIZBER of the third-parties, anyone sponsoring these PORTALS or the products or services or the products or services themselves. We make no representations or warranties express or implied with respect to the information provided on the PORTAL or any third-party websites or service which may be accessed by a link from the PORTAL, including any representations or warranties as to accuracy or completeness, because GIZBER has no control over third-party websites, resources, products or services, you acknowledge and agree that GIZBER is not responsible or liable for, and does not endorse, the availability, accuracy, completeness or authenticity of information available through such websites, resources, products or services, your use or your exchange of any information with such websites or services, or the content, statements, representation, advertising products, properties, services or other materials available on such third-party websites. You acknowledge and agree that GIZBER shall not be responsible or liable directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods or services available on or through any such site or resource. If you decide to access any such third-part websites, resources or services or to transact with any such third-party for their products, properties or services, you do so entirely at your own risk. By leaving the site, you may be subject to the terms and conditions and the privacy policies or other terms and conditions of such third-party website. You acknowledge and understand that GIZBER does not

  1. provide legal, brokerage or other professional advice or services to anyone who uses the site or the Services;
  2. participate in any negotiations with respect to transactions involving third-parties
  3. guarantee or endorse or ensure any transactions between a User and/or any other person or entity.

8. OWNERSHIP

You acknowledge and agree that the Tablet contains content, information and proprietary and confidential technology owned by or licensed to GIZBER and protected by applicable intellectual property and other laws and international treaties (collectively, “GIZBER Content”). The GIZBER Content displayed on or through the PORTAL includes, without limitation information, text, software, music, sound, photographs, graphics, video, messages, tags, or other material as is copyrighted by GIZBER and its licensors under United States and international copyright laws. All rights reserved. You agree not to reproduce, copy, display, store, perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify create derivative works, or otherwise use or exploit for any commercial purposes any or all of the GIZBER content, the PORTAL or access to the PORTAL in any way without the prior written permission of GIZBER. All content on the PORTAL that is not GIZBER Content is the property and responsibility of other parties. You must abide by all copyright notices, information, or restrictions contained or attached to any GIZBER Content and all other registered and unregistered marks used in connection with the PORTAL and the Services (the “GIZBER Marks”) are trademarks, trade name or service marks of GIZBER unless otherwise indicated. You are not authorized to use or display the GIZBER Marks, without the prior express written permission of GIZBER. Ownership of all GIZBER Marks and the goodwill associated herewith remains with GIZBER. All other trademarks are the property of their respective owners.

9. INDEMNITY

You agree to indemnify, defend and hold GIZBER and its offers, directors, employees, shareholders, successors, agents affiliates, subsidiaries and relevant third parties including advertisers, distribution partners, referral partners, service providers, licensors, licensees, consultants and contractors (collectively the “GIZBER Indemnifier Parties”) harmless from and against claims, liabilities, losses, costs, damages or expenses including reasonable attorneys’ fees and costs directly or indirectly arising out of or in any way relating to:

  1. your negligence or misconduct;
  2. your information or material contributed to or submitted through the PORTAL or the Services, including without limitation information associated with your Account;
  3. your conduct, including your use of the PORTAL and the Services; (d) your connection to the PORTAL;
  4. any violation or breach of these Terms;
  5. any violation or infringement of any intellectual property, privacy, publicity, confidentiality or proprietary rights of any third-party as a result of your use of the PORTAL or Services;
  6. your use of the electronic signature lease execution functionality of GIZBER, including without limitation, the sufficiency of an electronic signature or the enforceability of an electronically signed document (collectively, the “Claims”);

10. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE:

10.1 YOUR USE OF THE PORTAL AND THE SERVICES IS AT YOUR SOLE RISK, THE PORTAL AND THE SERVICES AND ALL OTHER MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND WITH RESPECT TO THE PORTAL AND INFORMATION AND MATERIAL IN THE PORTAL, GIZBER AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE.

10.2 GIZBER AND ITS LICENSORS MAKE NO REPRESENTATION FOR WARRANTY:

  1. REGARDING THE SECURITY, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS AND PERFORMANCE OF THE PORTAL OR THE SERVICES;
  2. REGARDING THE SERVICES, ADVICE, INFORMATION OR LINKS OBTAINED THROUGH THE PORTAL;
  3. THAT THE PORTAL OR THE SERVICES, OR ANY INFORMATION AND MATERIALS THEREIN, WILL MEET YOUR REQUIREMENTS;
  4. THAT THE PORTAL OR THE SERVICES, OR ANY FUNCTIONS CONTAINED IN THE PORTAL WILL BE ERROR FREE, SECURE, TIMELY OR UNINTERRUPTED;
  5. THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PORTAL OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE;
  6. THAT ANY ERRORS IN THE PORTAL OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED;
  7. THAT THE PORTAL AND ITS CONTENTS AND SERVER THAT MAKES THE PORTAL AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.

10.3 ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE PORTAL IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

10.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GIZBER OR FROM YOUR USE OF THE PORTAL OR SERVICES SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS OR WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. LIMITATION OF LIABILITY

11.1 GIZBER. LOCATED AT 8 PAIKIN DRIVE, SPRING VALLEY, NEW YORK 10977, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, SUCCESSORS, AGENTS, AFFILIATES, SUBSIDIARIES AND RELEVANT THIRD PARTIES INCLUDING ADVERTISERS, DISTRIBUTION PARTNERS, SERVICE PROVIDERS, LICENSORS, LICENSEES, CONSULTANT AND CONTRACTORS (COLLECTIVELY THE GIZBER ENTITIES) WILL NOT BE LIABLE FOR:

11.2 You acknowledge that the limitations set forth above are an essential basis of the bargain and of the allocation of risks between the parties. Some states or jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

  1. THE CONTENTS OF ANY COMMUNICATION, MESSAGE, OR INFORMATION POSTED BY YOU OR OTHER THIRD PARTIES;
  2. ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA OR PROFIT, COST OF PROCURING SUBSTITUTE PRODUCTS OR BUSINESS INTERRUPTION) WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR ACCESS AND USE OF OR INABILITY TO ACCESS OR USE THE PORTAL AND/OR ANY SERVICE, ANY MATERIALS AVAILABLE TO YOU FROM OR THROUGH THE PORTAL (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE GIZBER PARTIES OR ANY OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
  3. THE CONTENT, SERVICES OR INFORMATION PROVIDED BY ANY WEB PORTAL PURPORTING TO BE OPERATED BY GIZBER OR ITS AFFILIATES, BUT NOT ACTUALLY AFFILIATED WITH, CONTROLLED, OWNED OR OPERATED BY GIZBER;
  4. THE CONTENT OF ANY WEBSITE NOT CONTROLLED, OWNED, OR OPERATED BY GIZBER THAT IS ACCESSED FROM OR LINKED TO THE PORTAL; ANY DAMAGES OR INJURY CAUSED BY INCLUDING BUT NOT LIMITED TO ANY FAILURE OF PERFORMANCE ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.

If you are dissatisfied with any portion of the PORTAL, or with any of these Terms, your sole and exclusive remedy is to discontinue use of the PORTAL and Services.

12. ENFORCEMENT

GIZBER does not assume responsibility to you or others for any failure by GIZBER to enforce the provisions contained in the Terms. It is understood that in the event of any dispute between the parties, the parties will seek determination of the issues by a Rabbinical Court, instead of by litigation. The parties agree to utilize as the Rabbinical Court the Machon L’hoyroa, 168 Maple Avenue, Monsey, New York, with all determinations of Halacha to be determined by the Rabbanim of GIZBER.

13. TERMINATION

You agree that GIZBER in its sole discretion and with or without notice, may terminate your use of the PORTAL or any part thereof, or any or all of the Services, for any reason, including without limitation, for lack of use by you or if GIZBER believes that you have violated or acted inconsistently with the letter or spirit of the Terms. GIZBER may also in its sole discretion and at any time discontinue providing the PORTAL, or any part thereof, or any or all of the Services, with or without notice. You agree that any termination of your access to the PORTAL under any provision of the Terms may be effected without prior notice, and acknowledge and agree that GIZBER may immediately bar any further access to the PORTAL. Further, you agree that GIZBER shall not be liable to you or any third party for any termination of your access to the PORTAL or the Services.

14. AUTHORITY

You hereby represent and warrant to GIZBER that:

  1. you have the right to submit and use your information and Materials in the manner you have done so to or through the PORTAL and/or through Your Account;
  2. you have all the required power and authority, corporate or otherwise, to enter into the binding contract by these Terms, conduct yourself and your business and to execute, deliver, and perform all of your obligations under this Agreement;
  3. you have the right to grant the licenses granted under these Terms;
  4. your performance under these Terms and/or the rights granted therein do not and will not conflict with or result in a breach or violation of any of the terms or provisions or constitute a default under any contract or agreement, to which you are currently bound or will become bound in the future;
  5. your performance under these Terms will comply with all applicable laws, rules and regulations including, without limitation, export control, privacy and obscenity laws), domestic or foreign.

15. INTERACTIVE AREAS

15.1 Use of Interactive Areas.On the PORTAL and/or as part of the Services, GIZBER may provide areas that allow for User interacting bulletin boards, chat areas, forums, blogs, instant messaging, frequently asked questions, other message and communications features (the “Interactive Areas”) for posting user feedback, comments, message or other input (“Comments”). You acknowledge that all Interactive Areas are public and not private and that any information or content including Information and Material, that you post to an Interactive Area may be read by others and that GIZBER has no obligation to protect such information. GIZBER recommends that you do not post or otherwise disseminate any personally identifiable information in the Interactive Area. Additionally, you agree to post only Comments that are proper, lawful or related to the particular discussion or the Interactive Areas itself. Without limitation, you may not post Comments or engage in any other activity on the PORTAL that:

  1. defames, threatens, abuses or otherwise violates the legal rights of others;
  2. is harmful to children, profane, obscene, indecent or racially or ethnically offensive;
  3. infringes another’s rights to intellectual property, publicity, or privacy;
  4. collects or stores personal information about other PORTAL users;
  5. contains advertisements, promotions, commercial solicitations, contents or surveys (unless you have our written consent to do so);
  6. contains, transmits, or disseminates spam, chain letters, or information intended to assist in the placement of a bet or wager;
  7. contains, transmits or disseminates viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another’s computer, the PORTAL or any software, hardware or other related equipment;
  8. disrupts or otherwise interferes with the PORTAL or the networks or servers used by GIZBER;
  9. impersonates any person or entity or misrepresent your connection or affiliation with a person or entity;
  10. constitutes illegal activity.

15.2 Submission to Interactive Areas.You understand and acknowledge that subject and pursuant to the license set forth hereunder, GIZBER may display your Comments on the PORTAL and use them for other marketing and business activities. In addition, GIZBER reserves the right in its sole discretion to reject use of comments, delete comments from the PORTAL for any reason and edit Comments for both content and format. GIZBER further reserves the right to terminate your access to the PORTAL or to any Interactive Area at any time without notice for any reason whatsoever. GIZBER does not endorse or control the Comments or Information found in any Interactive Area and, therefore, GIZBER specifically disclaims any liability with regard to the Interactive Areas and any actions resulting from your participation on the them.

15.3 Digital Millennium Copyright Act (“DMCA”) Notice.Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”) GIZBER reserves the right but not the obligation to terminate your right to use the PORTAL if GIZBER determines in its sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. GIZBER accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to the Act, GIZBER has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. You may contact GIZBER to receive notification of claimed infringement at [INSERT EMAIL ADDRESS]. . GIZBER respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the designated agent with the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. description of where the material that you claim is infringing is located on the PORTAL;
  4. your address, telephone number and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, his agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

16. GENERAL

16.1

Governing Law.

For all legal proceedings arising out of use of the PORTAL and relating to the Terms, these Terms and the relationship between you and GIZBER, shall, irrespective of any choice of laws, rules, be governed by and construed by the Rabbanim of GIZBER. If any State’s own laws are relevant, then the laws of New York State shall govern.

16.2

Assignment.

You may not assign or transfer this Agreement, in whole or in part, without the prior written consent of GIZBER, which may be granted or withheld by GIZBER in its sole discretion. Any attempted assignment in violation of this Detection will be null and void and of no force or effect. GIZBER may assign this Agreement freely at any time without notice. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party’s permitted successor and assigns.

16.3

Waiver.

The failure to exercise or enforce any right or provision shall not affect GIZBER’s right to exercise or enforce such right or provision at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

16.4

Severability.

If any portion of these Terms is found by a Beth Din or a Court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and notwithstanding such finding, the remaining provisions of these Terms shall remain in full force and effect.

16.5

Entire Agreement.

The Terms, the terms incorporated herein and any other terms agreed to in writing by the parties or by way of your use of the PORTAL or the Services shall constitute the entire and exclusive understanding and agreement between you and GIZBER regarding this subject matter, and shall supersede any and all prior or contemporaneous representations or understandings relating to this subject matter.

16.6

Time Limitation.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms or use of the PORTAL must be filed within one year after such claim or cause of action arose or be forever barred.

17. YOUR ACCEPTANCE

GIZBER is pleased to provide the PORTAL and the Services conditioned upon your acceptance, and we hope that you will find the PORTAL informative and useful. BY USING THE PORTAL YOU EXPRESSLY ACCEPT AND CONSENT TO THESE TERMS WITHOUT QUALIFICATION. GIZBER MAY AMEND THESE TERMS FROM TIME TO TIME. SHOULD THESE TERMS BE MODIFIED IN ANY WAY, THE NEW TERMS WILL BE POSTED TO THIS WEBPAGE. BY USING THE PORTAL AFTER THE EFFECTIVE DATE OF ANY MODIFICATION TO THESE TERMS, YOU EXPRESSLY CONSENT WITHOUT QUALIFICATION TO THE MODIFIED TERMS.

18. ACCESS TO AND USE OF THE PORTAL.

18.1 GIZBER provides you with certain information and functionality through the PORTAL. You are solely responsible for providing all equipment necessary to establish a connection to the internet access to the Internet, and any telephone, wireless or other connection and service fees associated with such access.

18.2 GIZBER has the right, but not the obligation to take any of the following actions without providing any prior notice to you:

  1. change or terminate all or any part of the PORTAL or the Services;
  2. restrict or terminate your access to all or any part of the PORTAL or the Services;
  3. refuse, move, or remove any content that is available on the PORTAL and any material that you submit to the PORTAL.

18.3 Subject to your compliance with these Terms, GIZBER hereby grants you permission to access and use the PORTAL and the Services, provided that you shall not (and shall not allow any third party to);

  1. engage in commercial use of the PORTAL or any connection to the PORTAL;
  2. reproduce, copy, display, store, perform, re-post publish, transmit, distribute, sell, offer for sale, license, modify, create derivative work, or otherwise use any portion of the content offered on the PORTAL or other than your own personal, non-commercial use;
  3. remove any copyright, trademark or other proprietary rights notices contained in or on the PORTAL or Services or in or on any content or other material obtained via the PORTAL or the Services;
  4. use any robot, spider, PORTAL search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the PORTAL or the Services, including, but not limited to, for the purposes of constructing or populating a searchable database of business or property reviews;
  5. collect or harvest any information about other users or members (including user names and/or email addresses) for any purpose;
  6. create user accounts by automated means or under false, misleading or fraudulent pretenses;
  7. create or transmit unwanted electronic communications such as “spam” to other users or members of the PORTAL or the Services or otherwise interfere with other users or members’ enjoyment of the PORTAL or the Services;
  8. transmit any viruses, worms, defects, Trojan horse or other items of a destructive nature;
  9. use the PORTAL or the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, including any material that may be deemed threatening or obscene;
  10. copy or modify the code used to generate web pages on the PORTAL;
  11. use any device software or procedure that interferes with the proper working of the PORTAL or the Services, or other wise attempt to interfere with the proper working of the PORTAL or the Services;
  12. take any action that imposes, or may impose in GIZBER’s sole discretion an unreasonable or disproportionately large load on our IT infrastructure;
  13. modify, adapt, translate, or reverse engineer any portion of the PORTAL or the Services;
  14. use the PORTAL or the Services intentionally or unintentionally, to violate any applicable international, national, federal, state, provincial, or local law or regulation.
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