Terms of Service
TERMS AND CONDITIONS OF USE
Revised Effective Date: January 20, 2023
This is an agreement between RootOne, LLC (“ROOTONE”), Delaware limited liability company whose sole member is The Board of Jewish Education Inc. d/b/a The Jewish Education Project (“TJEP”) and users of ROOTONE’s sites, software, applications, content, products and services (“ROOTONE Services”), which may be branded as ROOTONE, The Jewish Education Project, TJEP or another brand owned or licensed by ROOTONE or TJEP. Throughout these Terms and Conditions of Use (“Terms”), “ROOTONE,” “we,” “our,” or “us” refers to ROOTONE. “You” or “your” refers to anybody using our ROOTONE Services. These Terms apply to any ROOTONE site or document that links to these terms. These terms govern your use and our provision of ROOTONE Services on which these terms are posted, as well as ROOTONE Services we make available on third-party sites and platforms if these terms are disclosed to you in connection with your use of ROOTONE Services.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING ROOTONE SERVICES. BY USING ROOTONE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. PLEASE NOTE THAT WE MAY CHANGE THESE TERMS FROM TIME TO TIME.
If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.
Your Agreement to These Terms
By using our ROOTONE Services, you acknowledge and agree that you, on your own behalf and on behalf of any corporation or other legal entity that you represent or for which you access ROOTONE Services (your “Company”), have read these Terms. You agree that all disputes with us will be resolved through arbitration (as discussed below). You accept and agree to be bound by these Terms. If you do not agree to these Terms, you are not authorized to use ROOTONE Services.
Our ROOTONE Services are for adults and not intended for people under 13. We do not knowingly collect or store any personal information about children under 13 years of age, unless provided by a parent, guardian, or other adult seeking our services on behalf of a child.
Information on any ROOTONE website is provided with the understanding that ROOTONE is not rendering professional advice or recommendations. You should not rely on any information on these pages to replace consultations with qualified professionals to meet your individual
needs. ROOTONE also reserves the right to do any of the following, at any time, without notice: (1) modify, suspend, or terminate operation of or access to the site or any portion of the site, for any reason; (2) modify or change the site or any portion of the site; and (3) interrupt the operation of the site or any portion of the site as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Supplemental terms and conditions may apply to some ROOTONE Services, such as findyoursummer.org, rules for a particular competition, content, software, application, service or other activity, or terms that may accompany certain territories, content, products or software accessible through ROOTONE Services. If applicable, such supplemental terms and conditions will be disclosed to you in connection with such competition, content, product, software, application, service or activity and are incorporated by reference into these Terms. Any supplemental terms and conditions are in addition to these terms and, in the event of a conflict, the supplemental terms will prevail over these Terms. If you do not agree to the supplemental terms and conditions disclosed, you must not use the applicable ROOTONE Service.
ROOTONE’s Services are for your personal or professional use, as indicated in any supplemental terms. Except as we specifically agree in writing, no element of ROOTONE Services may be used or exploited in any way other than as part of ROOTONE Services offered to you. You may own the physical media on which elements of ROOTONE Services are delivered to you, but we retain full and complete ownership of ROOTONE Services. We do not transfer title, right, or interest to or license any portion of ROOTONE Services to you. You agree to use ROOTONE Services, including all features and functionalities associated therewith, in accordance with applicable laws, rules and regulations, or other restrictions on use of ROOTONE Services or content therein.
We may change these Terms from time to time. The most recent version will replace and supersede all previous versions. We expressly reserve the right to make any changes that we deem appropriate from time to time to ROOTONE Services or to any information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, opportunities, features, services, and other materials within ROOTONE Services. You should return to this page from time to time to review the rules applicable to using our ROOTONE Services. By continuing to use ROOTONE Services you will be deemed to have agreed to and accepted any amendments. If you do not agree to any change to these Terms, you are not authorized to use ROOTONE Services.
Compliance with Applicable Laws
As a condition of your access to and use of our ROOTONE Services, you agree that you will not use ROOTONE Services for any purpose that is unlawful or prohibited by these Terms and that you will comply with all applicable laws, regulations, policies of all relevant jurisdictions, local rules regarding online conduct, and any conditions or restrictions imposed by these terms. Our ROOTONE Services are offered for your personal and non-commercial use only, and you are
prohibited from using and are expressly not granted the right to use ROOTONE Services for any other purpose.
We will take commercially reasonable steps to ensure the integrity of our systems and prevent hacks. However, no system is impenetrable. You agree that we are not responsible for someone hacking your account.
We may change ROOTONE Services or suspend or cease performance of ROOTONE Services at any time or for any reason. We also reserve the right to cancel or refuse ROOTONE Services. We may also remove or edit content or delete accounts.
Links to Third Party Websites or Services
If you access a ROOTONE Service using an Apple iOS, Android or Microsoft Windows-powered device or Microsoft Xbox One, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary to this agreement. However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of ROOTONE Services. You agree that your access to ROOTONE Services using these devices or any similar devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
Communications Between Us and You
If you communicate with ROOTONE or sign up to receive our communications, you agree to receive emails and other communications, including but not limited to social media advertising, from us. You agree that electronic messages we send to you are communications “in writing” for legal purposes.
We reserve the right to contact you by email for purposes of informing you of changes to ROOTONE Services or these Terms. You agree that electronic messages we send to you are communications “in writing” for legal purposes.
You represent and warrant that no materials you submit to us or your use of ROOTONE Services will violate, plagiarize, or infringe upon the rights of third parties or contain libelous or unlawful material. You represent that you are at least 18 years old or are at least 13 and have consent from and are under the supervision of a parent or legal guardian when using the Sites.
User Generated Content
ROOTONE may allow you to communicate, submit, upload, transmit, or otherwise make available text, images, audio, video, and other content through the sites (collectively, the “Submission(s)”), which may also be referred to as “User Content” when posted by a user to a ROOTONE site and which collectively are “Submission(s) including in the form of comments, feedback, submissions, or other information. By your transmitting Submissions on or through the sites, you grant ROOTONE a perpetual, irrevocable, worldwide, royalty-free, assignable, sublicensable license to use, reproduce, store, modify, display, distribute, prepare derivative works based on, and transmit such Submissions, and you waive any and all moral rights and publicity rights in such Submissions. ROOTONE 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 promotion ideas) and will not incur any liability as a result of any similarities that may appear in future ROOTONE business. ROOTONE will be entitled to use the Submission for any noncommercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you own whatever material you submit and use of your Submission by ROOTONE will not infringe or violate the rights of any third party.
You may not make any Submissions that (i) are or may reasonably be considered to be, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, bigoted, hateful, or racially, ethnically or otherwise offensive or objectionable, (ii) violate any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, intellectual property, consumer protection, unfair competition, anti-discrimination, or false advertising), (iii) are known by you to be false, inaccurate, or misleading, (iv) you have received compensation to submit to ROOTONE or to post to a ROOTONE website without have disclosed that compensation to ROOTONE and publicly in any posting if applicable, (v) result in spam to other users, or (vi) that contain any harmful or malicious software.
ROOTONE has the right, but not the obligation, to monitor, screen, block, post, remove, modify, store, and review Submissions or any other communications sent through this website, at any time and for any reason, including to ensure that Submissions conform to these terms, without prior notice to you. We are not responsible for, do not endorse or guarantee, and are not responsible for errors or omissions or the accuracy, integrity, or quality of the opinions, views, advice, or recommendations in any Submissions posted or sent by users.
User Prohibited Conduct
We grant you a non-exclusive, non-transferable, revocable license to access our ROOTONE Services, as long as you agree with our Terms.
You agree not to use our ROOTONE Services to do anything illegal. You also agree that you will not do anything that violates these Terms. You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any ROOTONE Service or connected network. You agree that you will not try to access another user’s data or do anything that prevents someone else from using our ROOTONE Services. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the content.
You may not access, use, or copy any portion of ROOTONE Services through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms.
You may not probe, scan, or test the vulnerability of the website or any network connected to the site, nor breach the security or authentication measures on the site or any network connected to the site. You may not reverse look up, trace, or seek to trace any information on any other user of or visitor to the site, including any ROOTONE account not owned by you, to its source, or exploit the site or any service or information made available or offered by or through the site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the site.
The trademarks “RootOne” and logos are trademarks owned by ROOTONE.
ROOTONE owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components and any software concepts and documentation and other material on, in or made available through ROOTONE Services (“ROOTONE Materials”), as well as the selection, coordination, arrangement, and organization and enhancement of ROOTONE Materials. All ROOTONE Materials are protected pursuant to copyright, trademark, patent and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any ROOTONE Materials. As between any user and ROOTONE, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on ROOTONE Services are proprietary to ROOTONE or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no
circumstances will you have any rights of any kind in or to ROOTONE Materials, other than the right to use ROOTONE Materials in accordance with these Terms.
Accounts, Passwords and Security
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. In addition, we may suspend or terminate your account and your ability to use ROOTONE Services if you engage in, encourage, or advocate for illegal conduct or if you fail to comply with these terms or any supplemental terms.
Passwords and Security
You agree that you will not share your account or account information with others. You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or ROOTONE Services.
The security, integrity and confidentiality of your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect your information from unauthorized access, disclosure, use and modification.
If it is against the law to use our ROOTONE Services where you are, or if it is unlawful to transfer your data to the United States, do not use our ROOTONE Services.
Disclaimer of Warranties
We may make improvements and/or changes in ROOTONE Services at any time. We make no representations about the suitability, reliability, availability, timeliness, and accuracy of the sites, or information accessible therein. We make no representation that ROOTONE Services and their content are free of viruses or other disabling devices or harmful components.
THE SITES, ROOTONE MATERIALS, USER CONTENT, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITES ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITES IS ENTIRELY AT YOUR OWN RISK. ROOTONE AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITES, THE USER CONTENT, ROOTONE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL USER CONTENT, THE SITES, ROOTONE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITES, IS WITH YOU.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall ROOTONE, its contractors, suppliers, content-providers, and other similar entities, and the officers, directors, employees, representatives, and agents of each of the foregoing be liable for any direct, indirect, punitive, incidental, special, or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of ROOTONE Services, the delay or inability to use ROOTONE Services, or for any information, software, products, services, or related graphics obtained through ROOTONE Services, whether based on contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of damages. Because some states and/or jurisdictions do not allow the exclusion or limitation of liability for certain damages, the above limitation may not apply to you.
You agree to indemnify and hold harmless ROOTONE and our respective officers, directors, employees, agents, and third parties for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of our ROOTONE Services; breach of these Terms; any User Content provided by you; or your violation of any third-party rights. You will cooperate as fully as required by us in the defense or settlement of any claim.
In case of any disputes between us that cannot be resolved through informal discussions, you agree to submit such disputes to a neutral arbitration organization appointed by the American Arbitration Association and in accordance with the Federal Arbitration Act. The arbitrator’s decision and award is final. You and we also both agree not to disclose the contents of the arbitrator’s decisions related to the arbitration to anyone (except as required by law or for the purposes of enforcement or appeal of the arbitration award).
Arbitration will cover all disputes and claims regarding these Terms, including tort claims, direct claims, or indirect claims. The arbitrator can issue rulings on any substantive or procedural issues arising in the dispute, including the scope of the dispute. This arbitration clause will continue to be valid even if these Terms are no longer valid for some reason.
If you have a claim or dispute, you must contact us first, so we can try to resolve the matter. You agree to give us 60 days to try to resolve the dispute before requesting arbitration. The arbitration of any dispute or claim will follow the relevant rules of the American Arbitration Association as modified by these Terms.
If you and we have to participate in arbitration of disputes between us, such arbitration shall take place in New York, New York. The arbitrator may not award relief in excess of or contrary to what these Terms provide, order consolidation or arbitration on a class-wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration section is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
There shall be no right or authority for any claims subject to this arbitration section to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).
You must contact us within one year of the date of the event or facts giving rise to a dispute or you will have waived the right to pursue a claim based on such event or facts.
Class Action Waiver
Any arbitration will be on an individual basis. By using our Site and Services, you agree that you cannot make “class action” claims.
Unless both you and we agree, the arbitrator cannot group claims together.
If you are a copyright owner or an agent of a copyright owner, and you believe that any content on the Site and Services, mobile apps, or other website or online services infringes such copyright(s), then you may submit a notification pursuant to the Digital Millennium Copyright Act of 1998 (the “DMCA”) by providing our Designated Copyright Agent with the following information in writing:
(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) identification of the copyrighted work claimed to have been infringed;
(iii) identification of the material that is claimed to be infringing and information sufficient to permit us to locate the material;
(iv) contact information of the complainant, such as an address, telephone number, and, if available, an e-mail address;
(v) a statement that the complainant has a good faith belief that use of the material is not authorized; and
(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above information must be included in the Notice and submitted to our Designated Copyright Agent by mail and e-mail to the following address:
RootOne LLC 520 8th Avenue, 15th Floor New York, NY 10018 Telephone: 646-472-5300 Fax: 212-664-7976 Email: email@example.com
We reserve the right to prevent you from visiting our Site and Services and using ROOTONE Services, without notice. ROOTONE or you may cancel or terminate this agreement at any time. You may terminate this agreement by destroying all materials obtained from this site, and all related documentation. ROOTONE may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.
Governing Law and Enforceability
This agreement and our ROOTONE Services are governed by the laws of the State of New York. You and your Company agree that the courts of the State of New York have exclusive jurisdiction over any matters, disputes, and claims relating to the content, use of, or any other matter relating to our ROOTONE Services.
If you are in a location that does not permit any of the terms in this agreement, you agree you will not use our ROOTONE Services.
Using ROOTONE Services does not mean that there exists a joint venture, employment, or partnership between or among us.
If any part of this agreement invalid or unenforceable, the rest of the agreement will continue to be valid and enforceable.
If you have any questions or comments, please contact us. We welcome your questions regarding these terms:
RootOne LLC 520 8th Avenue,15th Floor New York, NY 10018 Telephone: 646-472-5300 Fax: 212-664-7976 Email: firstname.lastname@example.org