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JEWISH ADDICTION AWARENESS NETWORK WEBSITE TERMS OF USE

Last Updated: September 4, 2018

These Terms of Use (“Terms”) set forth a legally binding agreement between you and Charitable Ventures of Orange County d/b/a Jewish Addiction Awareness Network and our affiliates and related parties (“JAAN”, “we”, “our”, or “us”), and govern your use of the JAAN website (the “Service”).

By using the Service, you accept these Terms. Please read these Terms carefully before using the Service. If you do not agree to these Terms, please do not use the Service.

These Terms may change over time, in which case we will post the modified Terms on this page and change the “Last Updated” date at the top of this page. Your continued use of the Service following a change to these Terms signals your acceptance of the modification(s) with respect to such continued use.

1. Service Use

Each time that you use the Service, you agree to the Terms, and that you (i) will provide and keep accurate, current, and complete information when you provide information to the Service; (ii) are solely responsible for all activities associated with your use of the Service; and (iii) will abide by the use restrictions set out in these Terms.

We, and our volunteers and other parties that work with us, will not be liable for any loss or damage to you or any third-party arising from your failure to comply with any of the foregoing obligations.

Content. The Service may contain: (i) materials and other items relating to JAAN and its services including layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of JAAN; and (iii) other forms of intellectual property (all of the foregoing, collectively “JAAN Content”). All right, title, and interest in and to the Service and the JAAN Content is the property of JAAN or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.

Disclaimer About Advice. The Service does not provide medical or psychological advice and the information contained on the Service is not intended to be a substitute for, or to be relied upon, as medical or psychological advice, diagnosis, or treatment. We are not directing any individuals to specific treatment modalities or treatment providers. This website is for informational purposes only. Always seek the advice of a qualified health provider with any questions you may have regarding a medical or psychological condition.

Limited License. Subject to your strict compliance with these Terms, JAAN grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, use, or play the JAAN Content on a personal device, and to retain one copy of the JAAN Content as it is displayed to you, in each case for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any JAAN Content, and (ii) may be immediately suspended or terminated for any reason, in JAAN’s sole discretion, and without advance notice or liability. Your unauthorized use of the JAAN Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

Restrictions. Persons under the age of 13 are not permitted to use the Service or JAAN Content. You agree to comply with all applicable local, state, federal, national, foreign, supranational, and international laws, statutes, ordinances, regulations, directives, and agreements that apply to your use of the Service and JAAN Content. You further agree that you will not: (i) use the Service or JAAN Content for any political or commercial purpose; (ii) engage in any activity in connection with the Service or JAAN Content that is unlawful, harmful, offensive, obscene, violent, threatening, harassing, abusive, or otherwise objectionable to JAAN; (iii) harvest any information from the Service; (iv) reverse engineer or modify the Service; (v) interfere with the proper operation of the Service or its security features; (vi) infringe any intellectual property or other right of any third-party; (vii) use the JAAN Content in a manner that suggests an unauthorized association with JAAN or any other party, or is beyond the scope of the limited license granted to you; or (viii) otherwise violate these Terms.

Availability and Termination. JAAN may immediately suspend or terminate the availability of the Service and JAAN Content, in whole or in part, to any individual user or all users, for any reason, in JAAN’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Service, or upon notice from JAAN, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms, which by their nature should survive your suspension or termination, will survive.

Reservation of All Rights. All rights not expressly granted to you are reserved by JAAN and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of any JAAN Content or the Service for any purpose is prohibited.

2. Content

The Service includes features that allow you to submit your own content such photos, comments, blog posts, and stories you wish to share (“Content”). You understand that JAAN does not guarantee any confidentiality with respect to your Content. You are solely responsible for all of your Content. It is your responsibility to ensure that your Content does not infringe or violate any rights, including but not limited to the intellectual property rights and rights of privacy and publicity of others.

You retain all of your ownership rights in your Content. However, by uploading or otherwise submitting Content through the Service, you hereby grant JAAN, and its successors, licensees and assigns, a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and our and our successors’ business, as permitted by applicable law. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this section. Our receipt of your Content is not an admission of their novelty, priority, or originality, and it does not impair our right to contest existing or future intellectual property rights relating to your Content. You agree that your Content will not: (i) promote any political or commercial purpose; (ii) defame, abuse, harass, stalk, or threaten others; (iii) use racially or ethnically or otherwise offensive language; (iv) discuss or incite illegal activity; or (v) infringe any intellectual property or other right of any third-party. You may request removal of your Content submissions from public availability on the Service by contacting JAAN through any methods included in the Contact Us section at the end of these Terms, detailing where the Content or information is posted and attesting that it is your Content. JAAN will then make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the you cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished or archived content by search engines and others that JAAN does not control.

JAAN does not endorse any opinion, recommendation, advice, or other information that individuals may provide in their Content, and JAAN expressly disclaims any and all liability in connection with any Content. JAAN does not permit copyright infringing activities and/or infringement of intellectual property rights and will remove Content consistent with Section 3 if properly notified that such Content infringes on another’s copyright rights. JAAN reserves the right to remove Content without prior notice.

3. Copyright Infringement and DMCA Policy

JAAN expects users of the Service to respect the intellectual property rights of others. It is our policy to respond appropriately to clear notices of alleged copyright infringement, as set forth more fully below. In JAAN’s sole discretion, JAAN may remove content that may be infringing on another person’s intellectual property rights with or without notice to the potential infringer. In accordance with the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable law, JAAN has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat copyright infringers.

If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it on the Service, then you may send us a written notice that must include all of the following:

We will respond to notices of claimed copyright infringement in accordance with the DMCA.

JAAN will only respond to DMCA Notices that it receives by mail or email for the Designated Agent at the addresses below:

Service Provider Contact Information:

Name: Charitable Ventures of Orange County
Address: 4041 MacArthur Blvd, Suite 510, Newport Beach, CA 92660
Alternatively Referred to As: Jewish Addiction Awareness Network, JAAN, www.jaanetwork.org

Designated Agent Contact Information:

Name: JAAN Copyright Agent of Service
Address: 23052-H Alicia Parkway, #118, Mission Viejo, CA 92692
Phone Number: (949) 424-5226
E-mail Address: info@jaanetwork.org

It is often difficult to determine if your copyright has been infringed. JAAN may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and we may elect to remove allegedly infringing material that comes to our attention via notices that do not substantially comply with the DMCA.

Please note that the DMCA provides that any person who knowingly materially misrepresents an infringement may be subject to liability.

We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA counter-notification.

Counter-Notification. If access on the Service to a work that you submitted to JAAN is disabled or the work is removed as a result of a DMCA Copyright Infringement Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses for the Designated Agent above. Your DMCA Counter-Notification should contain the following information:

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than 10 and not more than 14 business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses for the Designated Agent above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Service. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

4. Communications

We may communicate with you electronically, such as by email or push notification via the Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the Service your action is intended as an electronic signature which binds you as if you had signed on paper.

We may collect information related to communications between you and JAAN. You hereby approve our delivery of electronic communications directly to your device through means such as push notifications and in-Service messages.

You may cancel or modify the email commercial and solicitation communications you receive from us by following the opt-out/unsubscribe instructions contained within those emails or send an email to info@jaanetwork.org. Such action will not affect subsequent subscriptions, and if your opt-out is limited to certain types of emails the opt-out will be so limited. Please note that even if you opt-out of receiving commercial and solicitation emails from us we may still send you certain transactional and informational emails relating to our programs, your inquiries, or transactions or use of our Service, such as administrative and service announcements. These messages may be unaffected if you choose to opt-out from receiving commercial and solicitation communications from us.

Subject to any applicable additional terms, the Service may allow you to invite other users to use the Service which may allow you to initiate and send to another individual a communication that includes content; provided, however, that you do not do so in any manner that violates applicable law or third-party rights or reflects negativity on us, and only send to recipients you have permission to contact and who have permission to use the Service.

5. Third-Party Interactions

Third-Party Content. The Service may display, include, or make available content, data, information, applications, or materials from third parties, or provide links to certain third-party content that is not owned, controlled, or operated by JAAN. This may include tools or services, and to post content on third-party sites and services using their plug-ins that may be made available on our Service. Any interactions, transactions, or other dealings that you engage in with any third parties are solely between you and the third-party. As a courtesy, this may include links to services outside of the United States. Our service is limited to the United States.

By using the Service, you acknowledge and agree that JAAN is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of third-party services. You hereby agree to indemnify JAAN against all claims, injury, and/or damages that may arise out of your use of any third-party service.

Transactions and Collaborations. We reserve the right to transfer any information we obtain through the Service in the event of a joint venture, partnership, merger, or other collaboration with another organization, or in the event we sell or transfer all or a portion of our organization or assets (e.g., further to a reorganization, liquidation, or any other change of control transaction, including negotiations of such transactions).

6. Dispute Resolution

If a dispute arises between you and JAAN, you and JAAN agree, as permitted by applicable law, to resolve any claim or controversy at law or equity that arises out of these Terms through binding arbitration or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and JAAN agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This section can only be amended by mutual agreement.

Binding Arbitration. If any controversy, allegation, or claim relates in any way to your use of the Service (collectively, “Dispute”), then you agree the Dispute shall be submitted to confidential arbitration in Newport Beach, California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court. You hereby consent to, and waive, all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California. Arbitration under these Terms shall be conducted pursuant to the Consumer Arbitration Rules then prevailing at the American Arbitration Association; these Terms shall otherwise be construed in accordance with the internal laws of the State of California without regard to California’s choice of law principles. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Exclusions from Arbitration. YOU AND JAAN AGREE THAT ANY CLAIM FILED BY YOU OR BY JAAN IN SMALL CLAIMS COURT OR BY JAAN RELATED TO PROTECTION OF JAAN’S OR ANY JAAN LICENSOR’S INTELLECTUAL PROPERTY ARE NOT SUBJECT TO THE ARBITRATION TERMS.

Limited Time to File Claims. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever banned.

Class Action Waiver. DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND WILL NOT BE JOINED OR CONSOLIDATED WITH ANY OTHER ARBITRATIONS OR OTHER PROCEEDINGS THAT INVOLVE ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. YOU AND JAAN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Jury Waiver. AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

7. Disclaimer of Representations and Warranties

THE SERVICE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. NEITHER JAAN NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, VOLUNTEERS AND OTHER PARTIES THAT WORK WITH US OR AGENTS (COLLECTIVELY, THE “JAAN PARTIES”) MAKE ANY REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE CONTENT OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND FREEDOM FROM COMPUTER VIRUS. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

8. Limitations of Our Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE JAAN PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS, OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICE, THE JAAN CONTENT OR THE CONTENT ON THE SERVICE POSTED BY ANY OTHER USER, (B) THESE TERMS, OR (C) YOUR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR JAAN OR ANY OF THE JAAN PARTIES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE JAAN PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNTS, IF ANY, PAID BY YOU TO JAAN FOR THE SERVICE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM, OR (B) FIFTY UNITED STATES DOLLARS ($50.00). THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY.

9. Waiver of Injunctive or Other Equitable Relief

YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, APP, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY JAAN.

10. Indemnification

You agree to defend, indemnify, and hold harmless JAAN Parties from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your use of or reliance on the Service, the JAAN Content or the Content of any other user of the Service; (iii) your Content; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third-party, including any intellectual property right, publicity, confidentiality, property, or privacy right; or (vi) any misrepresentation made by you. JAAN reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with JAAN’s defense of any claim. You will not in any event settle any claim without the prior written consent of JAAN.

11. General Provisions

Consent or Approval. No consent or approval may be deemed to have been granted by JAAN without being in writing and signed by an officer of JAAN.

Severability; Interpretation; Assignment. If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. JAAN may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of JAAN.

Complete Agreement; No Waiver. These Terms reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances, or discussion related to the Service. Except as expressly set forth in these Terms, (i) no failure or delay by JAAN in exercising any of rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms will be effective unless in writing and signed by JAAN.

Investigations; Cooperation with Law Enforcement. JAAN reserves the right to investigate and prosecute any suspected or actual violations of these Terms. JAAN may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.

International Issues. JAAN controls and operates the Service from its U.S.-based offices in the United States and JAAN makes no representation that the Service is appropriate or available for use beyond the United States. If you use the Service from other locations, or link to international sites we reference as a courtesy, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. We reserve the right to limit the availability of the Service and/or the provision of any content, program, product, service, or other feature described or available on the Service to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide.

12. Contact Us

If you have questions regarding these Terms or the Service, you may contact JAAN as follows:

By postal mail:

JAAN (Attention: Website Inquiries)
23052-H Alicia Parkway, #118
Mission Viejo, CA 92692

By email: info@jaanetwork.org

By phone: (949) 424-5226

Addiction is a Jewish issue. We’re working to address it.