What information do we collect?
We collect information from you when you place an order or subscribe to our newsletter.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
- To process transactions
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of performing
the service requested.
- To send periodic emails
The email address you provide for order processing, may be used to send you information and updates pertaining to your request or donation, in addition to receiving occasional organization news, updates, or related service information, etc.
Note: If at any time you would like to unsubscribe from receiving future emails, we include unsubscribe instructions at the bottom of each email.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
This Services Agreement (as it may be amended by us from time to time), ("Agreement") between you ("you", "your", "user" or "Customer") and American Friends of Kollel Tefilat Moshe, for which Westernwallprayers.org raises funds ("Western Wall Prayers") sets forth the terms and conditions of your use of the services set forth herein (collectively, the "Services").
This Agreement explains our obligations to you, and your obligations to us in relation to the Service(s). When you or someone else you have permitted, uses, modifies or cancels the Service(s) on your behalf (even if we were not notified of such authorization), or requests or purchases additional services under your account, this Agreement covers any such service or actions.
You acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement, as well as all other applicable Western Wall Prayers Services Agreements, and any additional rules or policies or services agreements that are or may be established by Western Wall Prayers from time to time.
YOU ACKNOWLEDGE AND AGREE THAT YOUR RIGHTS TO THE SERVICES ARE NOT EXCLUSIVE, AND ARE ONLY COMPRISED OF THOSE RIGHTS CONVEYED TO YOU IN THIS AGREEMENT, AND SUBJECT TO THE LIMITATIONS STATED HEREIN.
Western Wall Prayers Services
a. Fees & Service Terms
As consideration for the Service(s), you agree to pay Western Wall Prayers the applicable Service(s) fees set forth on our Web site or by our customer service representatives at the time you request the Service from Western Wall Prayers. All fees are due immediately and are non-refundable, except as otherwise expressly noted. We reserve the right NOT to accept payment by check or cash.
In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the applicable service, you acknowledge and agree that the Service for which such fee has not been paid may be suspended, canceled or terminated, in Western Wall Prayers' sole discretion. We will reinstate any such Service solely at our discretion, and subject to our receipt of the applicable Service fee.
ALL FEES ARE NON-REFUNDABLE, IN WHOLE OR IN PART. Western Wall Prayers reserves the right to change fees or to institute new fees at any time, for any reason, at its sole discretion, without prior notice to you.
You are solely responsible for the credit card and billing contact information you provide to Western Wall Prayers.
User Name and Password; Account Manager
The first time you apply to use Western Wall Prayer services, you will be asked to select a User name and password. That User name and password are the means through which you access certain of the Services. You acknowledge and agree that it is your responsibility to safeguard the User name and password from any unauthorized use. IN NO EVENT WILL Western Wall Prayers BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR USER NAME OR PASSWORD.
You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under that account and in connection with your use of the Service(s), and for any other actions taken in connection with your account. You agree to notify Western Wall Prayers immediately of any unauthorized uses of the account or any other breaches of security. You acknowledge and agree that Western Wall Prayers cannot and will not be liable for any loss or damage from the failure to comply with this security obligation, or for any acts or omissions, including any damages of any kind incurred as a result of such acts or omissions.
Changes to this Agreement or to Additional Rules or Policies
You agree that Western Wall Prayers may modify this Agreement, as well as any additional rules or policies that are or may be published by Western Wall Prayers, as necessary to comply with any other agreements that Western Wall Prayers is currently bound by or will be bound by in the future, or for any other reason in Western Wall Prayers' sole discretion.
Except as otherwise provided in this Agreement, you agree that, during the term of this Agreement, we may: (1) revise the terms and conditions of this Agreement; and/or (2) change the Services provided under this Agreement, in whole or in part, at any time. Any such revision or change will be binding and effective 30 days after posting of the revised Agreement or change to the Service(s) on our Web site, or upon transmission to you at the e-mail address provided by you as the contact of your account, or such other email address as you may provide in connection with any Service purchased from Western Wall Prayers; provided, however, that terms and conditions for new services shall be effective immediately upon posting on our Web site and will be applicable to you when you order such new Service(s). Your continued use of any Service(s) purchased through Western Wall Prayers shall constitute your acceptance of this Agreement as well as additional rules or policies that are or may be published by Western Wall Prayers, each with the new modifications. If you do not agree to any of such changes, you may request that your Service(s) be cancelled. You acknowledge and agree that such cancellation will be your exclusive remedy and our sole liability if you do not wish to abide by any changes to this Agreement or any additional rules or policies that are or may be published by Western Wall Prayers from time to time.
Except as set forth in this Agreement, no employee, contractor, agent or representative of Western Wall Prayers or its subsidiaries is authorized to alter or amend the terms and conditions of this Agreement except by means of a written document signed by you and an authorized officer of Western Wall Prayers.
Limitation of Liability
YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. YOU AGREE THAT Western Wall Prayers WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) TERMINATION, SUSPENSION, LOSS, OR MODIFICATION OF YOUR SERVICE(S), (b) USE OF OR INABILITY TO USE THE SERVICE(S), (c) INTERRUPTION OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR A SERVICE, (e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (f) EVENTS BEYOND Western Wall Prayers' AND SUBCONTRACTOR'S REASONABLE CONTROL, (g) THE PROCESSING OF YOUR ACCOUNT APPLICATION OR OTHER SERVICE APPLICATION, (h) APPLICATION OF ANY APPLICABLE LAW, REGULATION OR Western Wall Prayers POLICY, (i) DISBURSEMENT OR NON-DISBURSEMENT OF FUNDS BY PAYMENT PROCESSORS; (j) TRANSACTIONS CONDUCTED ON AN ACCOUNT, INCLUDING FRAUDULENT TRANSACTIONS; (k) LOSS INCURRED IN CONNECTION WITH YOUR SERVICE(S); (l) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (m) STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING YOUR SERVICE(S), OR (n) ANY OTHER MATTER RELATING TO YOUR USE OF THE SERVICE(S). Western Wall Prayers ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, GOODWILL, DATA, THE COST OF REPLACEMENT GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF Western Wall Prayers HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Western Wall Prayers' MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES, BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS (500.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless Western Wall Prayers, its subsidiaries, affiliates, officers, directors, agents, partners, employees and attorneys for any loss, liabilities, damages, costs or expenses, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising out of or related to (i) your use of or connection to the Services, including, but not limited to, your application for, registration of, renewal of or failure to register or renew a particular Service registered in your name, (ii) your use of any Service; (iii) your Content; (iv) your breach or violation of any term, condition, representation or warranty of this Agreement; or (v) your violation of any rights of others.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS," AS AVAILABLE BASIS. Western Wall Prayers MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR SERVICE GUARANTEES, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICES. Western Wall Prayers FURTHER DISCLAIMS ANY REPRESENTATION OR WARRANTY: (i) THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES, OR (iv) THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY Western Wall Prayers, ITS EMPLOYEES, LICENSEES OR THE LIKE WILL CREATE A WARRANTY OR GUARANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
Suspension, Cancellation, Transfer or Modification of Service(s)
You acknowledge and agree that Western Wall Prayers may suspend, cancel or modify your use of the Services at any time, for any reason, in Western Wall Prayers' sole discretion and without notice to you. You also acknowledge and agree that Western Wall Prayers shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services. Without limiting the foregoing, Western Wall Prayers may, in its sole discretion, suspend, cancel, transfer or modify an account (a) to correct mistakes made by Western Wall Prayers, a software vendor, or reseller, (b) to resolve a dispute related to an account (c) if you materially breach this Agreement (including any applicable additional rule or policy) and do not cure such breach within five (5) calendar days of notice by Western Wall Prayers.
This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Illinois, as if the Agreement was a contract wholly entered into and wholly performed within the State of Illinois. Any action to enforce this Agreement or any matter relating to your use of a Western Wall Prayers site shall be brought exclusively in the United States District Court for the Illinois district, or if there is no jurisdiction in such court, then in a state court in Chicago.
Subject to the terms this Agreement, you agree that, unless other instructions are posted on Western Wall Prayers' Web site, any notices required to be given under this Agreement will be deemed to have been given if delivered by e-mail or fax, or sent by certified mail, return receipt requested, or by Federal Express or other recognized overnight delivery service to each of the parties in accordance with the most current contact information you have provided to us. All notices shall be effective upon receipt, except that e-mail and fax notices shall be effective upon transmission.
By providing such contact information to Western Wall Prayers, you agree that Western Wall Prayers may use the information you have provided to contact you via e-mail, postal mail, telephone or fax in any format or manner. Western Wall Prayers may, but shall have no obligation to, send a single notice by various means of delivery (i.e., fax, e-mail, certified mail or express mail). In no event shall Western Wall Prayers be liable to you for choosing to send notice to one address, or by one means of delivery, and not others. Conflicts with other Agreements.
In the event of any conflict between this Agreement and the terms and conditions governing your use of any service(s) provided by Western Wall Prayers' third party service providers or any software vendor, the terms and conditions of this Agreement shall govern as it relates to any rights and remedies as between you and Western Wall Prayers.
Entire Agreement; Section Headings
This Agreement as well as any additional Western Wall Prayers rules and policies, together with all modifications thereto, constitute the entire agreement between you and Western Wall Prayers concerning your use of the Services, and supercede and govern all prior proposals, agreements or other communications between you and Western Wall Prayers (including, but not limited to, any prior versions of the Agreement). You also may be subject to additional terms and conditions that may apply when you use third party, affiliate or other Western Wall Prayers third-party content or third-party software. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of nature, war, terrorism, armed conflict, labor strike, lockout, or boycott, provided that the party relying upon this section shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, Western Wall Prayers may immediately terminate this Agreement and shall have no liability therefore.
You agree and acknowledge that any acceptance of your application for the Services and the performance thereof will occur in Israel, the location of our principal place of business.
Except as otherwise set forth herein, your rights under this Agreement are neither assignable nor transferable. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option. You agree not to resell any of the Services without Western Wall Prayers' prior express written consent.
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. Except as expressly stated herein, this Agreement shall not be construed to create any obligation by Western Wall Prayers to any non-party to this Agreement.
The failure of Western Wall Prayers to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Western Wall Prayers of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. Western Wall Prayers will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Western Wall Prayers as reflected in the original provision.