Terms Of Service

TERMS OF USE

The William Breman Jewish Home website (the “Site”) is comprised of various web pages operated by the William Breman Jewish Home (WBJH). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained in these Terms of Use. Your use of the Site constitutes your agreement to all of the terms, conditions, and notices contained in these Terms of Use. In addition, your use of any website linked to the Site which website is for one of the following entities: The Zaban Tower, The Meyer Balser NORC, Berman Commons, The Cohen Home, and Weinstein Hospice (“Additional Sites”) shall constitutes your agreement to all of the terms, conditions, and notices contained in these Terms of Use for use of such Additional Sites.

MODIFICATION OF THESE TERMS OF USE

WBJH reserves the right to change the terms, conditions, and notices under these Terms of Use, including but not limited to, changes related to charges associated with the use of the Site.

LINKS TO THIRD PARTY SITES

The Site contains links to Affiliated Sites and other websites (collectively with the Affiliated Sites, “Linked Sites”). The Linked Sites are not under the control of WBJH and WBJH is not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. WBJH is not responsible for webcasting, spam mailing, or any other form of transmission received from any Linked Site. WBJH is providing these Linked Sites to you only as a convenience and the inclusion of any Linked Sites does not imply endorsement by WBJH of the site.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Site, you warrant to WBJH that you will not use the Site for any purpose that is unlawful or prohibited by law, or by the terms, conditions, and notices contained in these Terms of Use. You may not use the Site in any manner which could damage, disable, overburden, alter, impair, or slow down the functioning of the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Site.

USE OF COMMUNICATION SERVICES

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, blogs, calendars, social networking sites, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper, legal, and directly related to the goals and functions of the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, attack, stalk, threaten, offend, defraud, or otherwise violate the legal rights of others, including but not limited to rights of privacy, intellectual property rights, and publicity rights.
Publish, post, upload, download, distribute, or disseminate any inappropriate, profane, defamatory, infringing, offensive, obscene, indecent, knowingly false material about a person or business, or unlawful topic, name, image, programs, material, or information.
Visit or solicit Web Sites, accounts, or social networking pages that contain obscene, hateful, offensive, pornographic, or otherwise illegal material.
Upload files that contain software, images, or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, errors, corrupted files, or any other similar malicious software or programs that may damage, hack, disrupt, or deliberately affect the proper and efficient operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes, files containing viruses, or chain letters.
Download or accept any file or message posted, created, or distributed by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify, alter, add, or remove any source attributions, references to any author, artist, or source identification,, legal notices or other proper notices, proprietary designations, or labels of origin or source of software, or other material contained in a file, program, or other Web Site.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any codes of conduct, user expectations and rules, or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others that is not readily available to the public, including e-mail addresses, without their consent.
Attempt to access privileged system files, program, or material.
Trespass to other’s accounts, material, folders, programs, and access.
Tamper with the settings, options, authorization, and proper functioning of the Web Site or with the files contained therein.
Violate any applicable laws or regulations.
WBJH has no obligation to monitor the Communication Services. However, WBJH reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. WBJH reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

WBJH reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in its sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Do not use the Site to provide personal passwords or accounts and to reveal confidential information to any other person. WBJH does not control or endorse the content, messages or information found in any Communication Service and, therefore, WBJH specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers, hosts, and staff are not authorized as WBJH spokespersons, and their views do not necessarily reflect those of WBJH.

Materials uploaded to a Communication Service may be subject to limitations on usage frequency and scope, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO WBJH OR POSTED ON THESITE

WBJH does not claim ownership of the materials you provide, post, upload, input, or submit, including feedback and suggestions, to the Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission, you are granting WBJH, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of the Site, and any business related thereto, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

Under no circumstance will you be paid any compensation with respect to the use of your Submission. WBJH is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in its sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER/DISCLAIMER OF WARRANTIES

THE INFORMATION, SOFTWARE, PROGRAMS, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WBJH MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

WBJH MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PROGRAMS, PRODUCTS, SERVICES, FILES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PROGRAMS, PRODUCTS, SERVICES, FILES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WBJH HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PROGRAMS, PRODUCTS, SERVICES, FILES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF TITLE AND OF NON-INFRINGEMENT.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WBJH BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, 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 THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WBJH OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, WBJH’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

TERMINATION/ACCESS RESTRICTION

WBJH reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

CHOICE OF LAW

To the maximum extent permitted by law, these Terms of Use are governed by the laws of the State of Georgia, U.S.A. and you hereby consent to the sole and exclusive jurisdiction and venue of Superior Court, Fulton County, GA, U.S.A. in all disputes arising out of or relating to the use of the Site.

RESTRICTION OF JURISDICTION AND APPLICATION OF LAW

Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and WBJH as a result of these Terms of Use or use of the Site. WBJH’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of WBJH’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by WBJH with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Use shall continue in effect.

ADMISSIBILITY OF AGREEMENT

Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between the user and WBJH with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and WBJH with respect to the Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms of Use and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Site are: Copyright © William Breman Jewish Home. All rights reserved

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law. Any rights not expressly granted herein are reserved.

INDEMNIFICATION

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless the WBJH, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site or any violation by you of these Terms of Use.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent at: System@wbjhome.org.