Terms of Use | Kehila
a not-for-profit organization
“KEHILA”
TERMS OF USE & DISCLAIMERS AGREEMENT
EFFECTIVE DATE: May 28, 2018
IMPORTANT – PLEASE CAREFULLY READ THE FOLLOWING
CONTENTS
1. TERMS OF USE
2. BINDING AGREEMENT
3. LIMITED USER LICENSE
4. COPYRIGHT & TRADE-MARKS
5. RESTRICTED RIGHT TO USE, REPRODUCE, ETC.
6. USE OF THE SITE
7. CONTENT ON THE SITE
8. QUALIFICATIONS & LIMITATIONS RE CONTENT
9. YOUR CONTENT
10. SECURITY & PRIVACY
11. UPDATING PERSONAL INFORMATION
12. YOUR ACCOUNT — SITE ACCESS AS ‘USER’
13. USERNAMES
14. PASSWORDS
15. SURVEYS & CONTESTS
16. ELECTRONIC COMMUNICATIONS
17. REFER A FRIEND, etc.
18. LINKS TO OTHER SITES
19. CONFIDENTIALITY — OTHER SITES
20. COOKIES
21. LOG FILES
22. COMPUTER MALWARE
23. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
24. WAIVER, SEVERABILITY & ASSIGNMENT
25. CHANGES TO TERMS OF USE & NOTIFICATION
26. TERMINATION OF AGREEMENT & ACCOUNT
27. APPLICABLE LAW
28. HOW TO CONTACT KEHILA

TERMS OF USE & DISCLAIMERS AGREEMENT
kehila.ca and kehila.ca (together, the “Site”) are owned by KEHILA.
1. TERMS OF USE
The KEHILA Terms of Use & Disclaimers Agreement is comprised of the provisions set out below and KEHILA’s Privacy Policy, as it may be modified or changed by KEHILA from time to time.
This Terms of Use & Disclaimers Agreement governs your access to and use of KEHILA’s Site and the services offered through it, such as email notifications, applications, links, buttons, widgets, ads, commerce and other services that provide a link to the Site or this Agreement (collectively, the “Services“).
2. BINDING AGREEMENT
You acknowledge that you have read and understood the provisions of this Terms of Use & Disclaimers Agreement set out below as well as the provisions of KEHILA’s Privacy Policy, which are incorporated herein by reference and form part of this Agreement (collectively, “Terms of Use”).
IN CONSIDERATION of KEHILA granting you the limited license to use provided for below, making the Site and Services, whether in whole or in part, available to you, and for other good and valuable consideration (receipt and sufficiency of which you hereby irrevocable, unconditionally acknowledge), you agree with KEHILA that your access to and use of the Site and/or any Services constitutes your agreement to be bound by the provisions of the Terms of Use, including the provisions of the Privacy Policy.
If your above acknowledgment and your agreement with the Terms of Use and use of the Site and/or Services is on behalf of a corporation or other legal entity, organization or government, you represent and warrant to KEHILA that you are authorized to do so.
If you do not agree to the Terms of Use, then do not use the Site or access the Services.
3. LIMITED USER LICENSE
KEHILA grants to you a worldwide, non-exclusive, limited, revocable license to:
• access the Site and Services (including email and internet links) provided on the Site, and
• use (display or print) Content (defined below) only in accordance with and subject to the provisions of these Terms of Use including, without limitation as set out below under ‘Restricted Right To Use, Reproduce, etc.’; provided that the Content is not modified and a copy of these Terms of Use (including the disclaimer in section 23) is attached to any copies made, or an active link to these Terms of Use is clearly provided on each copy.
Any use of the Content or Services other than as specifically permitted by the Terms of Use is prohibited.
All rights not expressly granted by the Terms of Use are reserved.
Notwithstanding the foregoing, and for greater certainty, nothing in these Terms of Use (including, but not limited to, the above license) gives you any right to use any of the KEHILA IP (defined below). All rights, title, and interests in and to the Site, Services, Content (excluding Content provided by users) and KEHILA IP are and will remain the exclusive property of KEHILA and its licensors.
KEHILA may remove or refuse to distribute any Content on the Site, suspend or terminate users, and reclaim usernames without liability to you, all including as provided for elsewhere below.
4. COPYRIGHT & TRADE-MARKS
All content included on or through the Site or Services not provided by you including, but not limited to, any information, text, publications, newsletters, articles, opinions, notices of meetings or events, links, graphics, multimedia and audio clips, logos, icons, images, photos, views, videos, or other materials or arrangements of digital or textual materials uploaded, downloaded or appearing on the Site or Services, HTML code, CSS code, data compilations, all content that may be delivered using any other technology, and the selection and arrangement of information (collectively, “Content“), are the property of KEHILA or persons other than you, and are protected by copyright and other intellectual property laws under Canadian and foreign laws.
Unauthorized use of the Content may violate copyright, trademark, patent and other laws.
You will retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.
All trademarks, trade and business names, domain names, logos, service marks, icons and other distinctive brand features, and product and service names displayed on the Site or Services are, unless otherwise specifically stated or identified, the property of KEHILA (collectively, “KEHILA IP”). You shall not display or use the KEHILA IP in any manner without KEHILA’s prior written consent, which it may arbitrarily withhold.
5. RESTRICTED RIGHT TO USE, REPRODUCE,
You shall not:
• use (including on another website or networked computer environment), in whole or in part, for any purpose, modify, publish, transmit, transfer, barter or sell, re-publish, re-disseminate, reproduce, create derivative works from, distribute, publicly perform, link, display, or exploit for any public or commercial purpose or otherwise provide in any manner or form, any of the Content, Services or KEHILA IP, in whole or in part, except for educational purposes in accordance with and subject to the provisions of this Agreement
• use electronic or other means to extract details or information about the Site’s content, users or contributors in order to offer them any services or products
all unless you request and receive the prior written consent of KEHILA, or of such users or contributors or other third parties to which the intellectual property rights to the Content or Services belong, which consents may be arbitrarily withheld.
6. USE OF THE SITE
You may use the Site only in compliance with these Terms of Use and all applicable laws, rules, and regulations.
You may not do any of the following while accessing or using the Site: (a) access, tamper with, or use non-public areas of the Site, KEHILA’s computer systems, or the technical delivery systems of its providers; (b) probe, scan, or test vulnerability of any system or network or breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Site by any means (automated or otherwise) other than through KEHILA’s then currently available, published interfaces that provided by KEHILA (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so by separate agreement with KEHILA (NOTE: harvesting/scraping the Site without prior written consent of KEHILA is prohibited); (d) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Site to send altered, deceptive or false source-identifying information; or (e) interfere with, or disrupt (or attempt to disrupt), the access of any user, host or network including, without limitation, sending any malware, overloading, flooding, spamming, mail-bombing the Site, or by scripting the creation of Content in such manner as to interfere with or create undue burden on the Site. KEHILA reserves the right to access, read, preserve and disclose information as it reasonably believes necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Use, including investigation of potential violations thereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (iv) protect the rights, property or safety of KEHILA, its users and the public.
7. CONTENT ON THE SITE
By using the Site you may be exposed to Content that might be offensive, harmful or otherwise inappropriate, inaccurate or, in some cases, postings that have been mislabeled or are otherwise misleading or deceptive.
All Content is the responsibility of the person who authored or originated such Content, to the exclusion of KEHILA. KEHILA may not monitor or control the Content posted on the Site or via the Services.
KEHILA does not endorse, support, represent, warrant or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted on or accessible through the Site, nor does KEHILA endorse any opinions expressed on or through the Site.
KEHILA assumes no responsibility or liability for Content authored or originated by any person, other than those persons authorized by KEHILA to originate Content specifically on KEHILA’s behalf.
Any use or reliance on any Content or materials posted on or obtained by you through the Site is completely at your own risk.
KEHILA has the right to remove in its sole discretion and without prior or any notice to its author, originator or others, and without liability to you or others, Content alleged to be infringing any rights of others or that is offensive as KEHILA, in its sole discretion, determines.
KEHILA and its third-party providers and others may place advertising on the Site or in connection with the display of Content or information from the Site submitted by you or others.
8. QUALIFICATIONS & LIMITATIONS REUSE OF CONTENT
Content provided on or through the Site, whether provided by business and professional advisors or others, is made available to you at the Site without charge.
The Site sets out a variety of materials included in the Content relating to business and management to be used for general educational and informational purposes only and is based on the experiences and research of the author or originator of such Content. The materials included in the Content are not intended to be a source of advice to be relied on in respect of a particular business or person.
KEHILA assumes no obligation to update the Content, advise on further developments concerning topics mentioned or update the functionality of the Site or Services. The information contained on the Site may contain typographical errors. The Content and Services may be changed without notice.
You should not rely on something you read on or through the Site as being applicable to your or your business’ specific circumstances or needs, nor should you take or fail to take any action that may affect you or your business because of anything you read on or through the Site.
Please use your own good judgment before choosing whether to act on any information included in the Content and consult with a qualified advisor with respect to your or your business’ specific circumstances and needs before making any decision or taking or not taking any action, based on any Content (or any part thereof).
No client relationship between any of the authors or originators of material included in the Content is created with you by virtue of such materials. Such a relationship can only be created by you separately and formally retaining any such authors or originators on a one-on-one basis to provide you with their services in a specific and in-depth way.
If you act on any advice, suggestions, recommendations or other information, included in any Content you do so at your own risk.
The provisions of section 23 below apply with respect to the above.
9. YOUR CONTENT
You retain your rights, if any, to any Content you submit, post or display on or through the Site.
You grant to KEHILA a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use and, in whole or in part, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute in any and all media or distribution methods (now known or later developed) all Content that you submit, post or display on or through the Site. You acknowledge that KEHILA has no control over the use of any of your Content by others.
You are responsible for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.
You represent and warrant to KEHILA that you have all rights, power and authority necessary to grant to KEHILA the above license and rights to any Content that you submit, post or display on or through the Site.
10. SECURITY & PRIVACY
The Privacy Policy describes (under ‘Protection of Personal Information’) how Personal Information you provide to KEHILA is handled. You consent to the collection and use of Personal Information (as set forth in the Privacy Policy), including its transfer (in whole or in part) to the United States and/or other countries for storage, processing and use by KEHILA and its affiliates.
11. UPDATING PERSONAL INFORMATION
If your personally identifiable information changes (such as postal code, email address), or if you no longer desire to use the Site then, in accordance with and subject to the provisions of the Privacy Policy, KEHILA will provide a way to correct, update or remove your personal data that was provided to KEHILA. This can usually be done by accessing your account on the Site or by sending an email to privacy@kehila.ca.
12. YOUR ACCOUNT — SITE ACCESS AS ‘USER’
You may need to create an account to read the full text of articles and other materials included in the Content and to access certain parts of the Site by registering with KEHILA as a user of the Site. If you have not registered, you may do so here.
13. USERNAMES
Your username for KEHILA is unique to you, and is how you will be identified. Usernames must be appropriate and cannot contain any profanity or other words or symbols that are unacceptable to KEHILA.
14. PASSWORDS
You are responsible for safeguarding the password that you use to access the Site and for any activities or actions taken under your password. KEHILA recommends you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your KEHILA account and limit its use to that account. KEHILA shall not be liable for any loss or damage arising from your failure to use such precautions.
15. SURVEYS & CONTESTS
From time-to-time the Site may request information from you as a user via surveys or contests. Participation in these surveys or contests is completely voluntary; therefore, you have a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), demographic information (such as postal code, age, gender) and other information relevant to the survey or contest. Contact information will be used to notify winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the Site, and for such other purposes as may be stated in the survey.
16. ELECTRONIC COMMUNICATIONS
In order to receive electronic communications (such as emails) from KEHILA, you have to complete and deliver KEHILA’s separate Consent Form.
If you consent to receive electronic communications from KEHILA it may periodically use your email address to send you information and for other purposes set out in your consent and the ‘Intended Purposes’ set out in the Privacy Policy.
You can stop receiving electronic communications from KEHILA by opting-out of KEHILA’s mailing list — click the ‘unsubscribe’ link at the bottom of an electronic communication to have your name and delivery address blocked from future KEHILA electronic communications.
17. REFER A FRIEND, etc.
If you refer KEHILA to a person who is your friend, family member or other people with whom you have an existing business relationship for the purpose of informing such person about the Site, KEHILA will ask you for such person’s name and email address. KEHILA stores that information and may contact the person to invite him or her to register with KEHILA – it will not contact the person more than once unless that person gives express consent to do so. That person may request removal of his or her information from KEHILA’s database by clicking the ‘unsubscribe’ link at the bottom of any electronic communication sent by KEHILA. By referring KEHILA to another person you represent and warrant to KEHILA that you are authorized to do so in accordance with applicable law.
18. LINKS TO OTHER SITES
Solely as a convenience to you, the Site may contain links to other websites as well as email links. Linked third party sites are independently developed by parties other than KEHILA.
The inclusion of a link to another website does not imply KEHILA’s endorsement of that site or its contents. Mention of another party or its products or services on any such other site is not an endorsement by KEHILA of that other party or its products or services. You access linked third party websites at your own risk.
KEHILA is not responsible for the accuracy or appropriateness of the information contained on linked third party sites.
19. CONFIDENTIALITY — OTHER SITES
KEHILA is not responsible for the privacy practices of any linked third party sites. You should be aware when you leave the Site. You should read the privacy policies and terms of use applicable to such third-party sites. Both the Terms of Use and KEHILA’s Privacy Policy apply only to information collected by the Site.
KEHILA notes to users that no data transmission is 100% secure over the internet. Absent use of effective encryption, the internet is not a secure medium, and privacy cannot be ensured. Internet navigation/browsing and email are vulnerable to interception and forging. KEHILA is not responsible or liable for any damages you or any third party may suffer as a result of the transmission of confidential information that you make to any third party through the internet and email links provided on or through the Site. KEHILA is not responsible for any errors or any changes made to any transmitted information.
Should you decide to transmit information using internet or email links, you do so at your own risk.
20. COOKIES
In the context of websites, cookies are small files or parcels of text created by websites you’ve visited. They are sent by a server to a web client (usually a browser) and then sent back unchanged by the user each time it accesses that server. Cookies store browsing information, like your site preferences or profile information.
Not all cookies are bad. For example, cookies help the website remember your preferred settings so it can reload them when you revisit the site. Cookies can also help a website remember your location, so it can provide you with locally relevant content.
KEHILA uses cookies for authenticating, session tracking and maintaining specific information about users, such as site preferences (to help KEHILA provide a better website experience), and to improve and to collect aggregate statistical information.
Most internet browsers are initially set to accept cookies. If you do not wish to accept cookies, you should set your browser to refuse or disable cookies, or to alert you when cookies are being sent.
The Site may function unpredictably with browsers that do not support cookies — or where cookies are disabled.
Where possible, KEHILA collects and stores data in a user’s private records within its database. Where this is not possible, for example when a user has not logged into the Site, data required to provide a satisfactory user experience may be stored in cookies on the user’s hard drive.
KEHILA’s business partners may use cookies on the Site (for example, advertisers). KEHILA has no access to or control over such cookies.
21. LOG FILES
KEHILA may use IP addresses to analyze trends, administer the Site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
22. COMPUTER MALWARE
KEHILA makes reasonable efforts to check that the Site, and the Content and Services provided on the Site, do not contain computer malware (including, among other things, viruses, worms, trojan horses and spyware). Notwithstanding such efforts, KEHILA assumes no responsibility, and will not be liable to you or others, for the existence of any malware contained on the Site and in the Content or Services provided on the Site; rather, you are responsible to take the appropriate precautions to scan for computer malware and to ensure that you have a complete, current back up of the data stored in your computer system.
23. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
The Content and Services are provided for general educational or informational purposes only, and are not intended to provide, and should not be taken by you as constituting, business, tax, accounting, legal or other advice with respect to any particular situation relating to yourself, your business or otherwise.
You should not act or rely on any information on the Site without first seeking advice from a professional having qualified expertise to provide such advice. Any opinion, advice, article, publication, statement, service, offer, or other information or Content expressed or made available on or through the Site, including on any site linked to the Site, is that of the respective author, originator or distributor and not of KEHILA or its Representatives (defined below).
You assume all risk of your use of the Site.
the Content and Services contained in or provided on or through the Site are provided “as is” without any representations, warranties or conditions of any kind, whether express or implied, and whether arising by statute, usage or trade, custom or otherwise including, without limitation, implied warranties or conditions of merchantability and fitness for a particular purpose or use, or non-infringement.
no representations or warranties are made by KEHILA concerning the accuracy, completeness, timeliness or reliability of the Content or Services, or of any information otherwise contained on or through the Site or provided by any site otherwise linked to the Site.
KEHILA does not warrant or guarantee uninterrupted access to the Site, any site linked to the Site, or to the availability of internet email links provided on the Site.
in no event shall any of KEHILA, its affiliates, representatives, members, licensors, agents, officers, directors, employees, authors or originators of any Content or internet service provider(s) (collectively “Its Representatives“) be liable to you or any third party for any direct, indirect, incidental, special or consequential damages whatsoever and howsoever arising that may be incurred by you or by any third party arising from access to or use of the Site or any Content or Services provided on or through the site or your reliance thereon, whether in whole or in part, including, but not limited to, lost revenue, loss of profits, loss of goodwill, lost or damaged data, computer failure or malfunction, or any other commercial or economic loss or damage, whether based in contract, tort (including negligence) or any other theory of liability.
the foregoing limitations shall apply even if KEHILA or any of Its Representatives have been advised, or should have known, of the possibility of such damage.
24. WAIVER, SEVERABILITY & ASSIGNMENT
The failure of either you or KEHILA to enforce the strict performance of, and compliance with, any provision of the Terms of Use by the other, or to exercise or enforce any right or provision under the Terms of Use, shall not be construed as, or constitute, a waiver or relinquishment to any extent of any of your or KEHILA’s right to assert or rely on any such provision or right in that or any other instance; rather, the same will be, and will continue, in full force and effect.
If any provision of the Terms of Use is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
KEHILA may assign, in whole or in part, its rights and obligations under the Terms of Use. The Terms of Use will inure to the benefit of KEHILA’s successors, assigns, and licensees.
25. CHANGES TO TERMS OF USE & NOTIFICATION
KEHILA has the right to, and may amend, supplement, add, delete, substitute or otherwise modify or change all or any portion of the Terms of Use at any time, and in its sole discretion. Such modifications or changes will not be retroactive.
If there are any material modifications or changes to the Terms of Use, KEHILA will post them on the Site and send them to the last email address you gave to KEHILA. All modifications and changes will be effective as of the 15th clear day after the date KEHILA posts them on the Site or sends the email (whichever date is later).
You may object to modifications or changes by notice to KEHILA (see below, ‘How To Contact KEHILA’) within 15 clear days after they are posted on the Site or delivered to you. Provided that KEHILA receives your notice of objection, none of the modifications or changes will apply to you. If you notify KEHILA of your disagreement with any modifications or changes to the Terms of Use, each KEHILA account you have will automatically be terminated.
Your continued access to or use of the Site after any amendments, additions, deletions, substitutions or other modifications or changes are posted and available on the Site constitutes your agreement with the provisions of the Terms of Use as so modified or changed, unless you object as provided above.
Please periodically access the Site and review KEHILA’s most current version of the Terms of Use as its provisions will be binding on you in accordance with the above.
26. TERMINATION OF AGREEMENT & ACCOUNT
You may terminate this Terms of Use & Disclaimers Agreement at any time by deactivating your account and discontinuing your use of the Site.
KEHILA may suspend your account or terminate this Terms of Use & Disclaimers Agreement including, without limitation, your license to use the Site and Services, at any time for any or no reason, which may include, but not be limited to, if KEHILA reasonably believes: (a) you have breached or failed to comply with the provisions of these Terms of Use, (b) you create risk or possible legal exposure for KEHILA; (c) your account should be removed due to prolonged inactivity; or (d) KEHILA’s provision of the Site or Services to you is no longer viable. KEHILA will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances.
Notwithstanding any termination of these Terms of Use, whether by you or KEHILA, the following sections of these Terms of Use shall continue in full force and effect: 1, 2, 4 through 10 inclusive, 16, 18, 19 and 22 through 27 inclusive.
27. APPLICABLE LAW
The Terms of Use and the relationship between you and KEHILA shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions. You and KEHILA shall submit to the exclusive jurisdiction of the courts located within the Province of Ontario and waive any objection as to inconvenient forum.
28. HOW TO CONTACT KEHILA
Contact KEHILA with comments or inquiries by sending an email to privacy@kehila.ca.