Yeshivat Akiva/Akiva Hebrew Day School (“Akiva”)
Website Terms and Conditions of Use
Read these terms and conditions carefully before using the akiva.org website. Access to and use of this site is provided subject to these Akiva Website Terms and Conditions of Use (“Agreement”). Accessing and using this site means that you accept ALL terms and conditions of this Agreement. Written electronic approval is not required for this Agreement to be valid and enforceable. If you do accept the whole Agreement, you are not authorized to use the Akiva website.
1. Website
Materials from akiva.org ("Materials") may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Akiva. Any rights not expressly granted in this agreement are reserved by Akiva. Akiva may change, add, or remove any Materials and to revise these Terms and Conditions of Use at any time by updating this posting.
2. Disclaimer
Akiva hopes that the information on this site is interesting for you, but Akiva is not liable for any damages you suffer from use of the site. THE MATERIALS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AKIVA AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS AND CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, AKIVA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AKIVA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OF OR THE ENTIRE EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL AKIVA AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS AND CONTRACTORS BE LIABLE FOR ANY DAMAGES RESULTING FROM USE OF THE SITE, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION BASED UPON CONTRACT, NEGLIGENCE, TORTIOUS ACTION OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE. IN NO EVENT WILL THE TOTAL LIABILITY OF AKIVA AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS AND CONTRACTORS IN CONNECTION YOUR USE OF THIS SITE, UNDER ANY THEORY OF RECOVERY, EXCEED $10.00.
3. Jurisdiction
This site is intended for use within the United States. Unless otherwise specified, the Materials are presented solely to be used in the United States. Akiva makes no representation regarding the Materials. Those who choose to access this site from locations other than the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable.
4. Submissions
Akiva is pleased to hear from you and welcomes your comments regarding Akiva’s sites and services. However, don't send us information unless you are willing to let Akiva have it and to let the world know about it. All remarks, suggestions, ideas, graphics, or other information communicated through or as a result of this site (together, the "Submission") will forever be the property of Akiva. Akiva will not be required to treat any submission as confidential and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) or as a result of any similarities that may appear in future Akiva operations. Without limitation, Akiva will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Akiva will be entitled to use, reproduce, disclose and distribute the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, including its legality, reliability, appropriateness, originality, or copyright. If Akiva makes available a discussion group or bulletin board on this site, you, and not Akiva, take full responsibility and liability for the content and for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity you might post or encounter.
5. Links to or from this site
This site may be linked to or from sites which are not maintained by Akiva. Akiva is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by Akiva of the sites.
6. Law jurisdiction & venue attorneys’ fees
This agreement is governed by and will be construed according to Michigan law, excluding any principles of conflicts of law. In the event of any dispute or controversy arising from this website, you consent to the jurisdiction of the courts of the state of Michigan, and of the federal district court, Eastern District of Michigan. You further agree that venue for litigation arising from this website will be exclusively in the Eastern District of Michigan or its counterpart state court. In the event of any suit or other proceeding with respect to the subject matter hereof, the prevailing party will be entitled to recover attorneys’ fees in addition to such other relief as the court may award.
7. Trademarks
No license or right under any trademark, copyright, or other proprietary rights of Akiva or any third party is granted under this agreement or by hosting the website.
