THE HALACHIC ORGAN DONOR SOCIETY INC. TERMS AND CONDITIONS
Last Updated: MARCH 4, 2019
The Terms and Conditions (“Terms”) describe how The Halachic Organ Donor Society Inc., P.O. Box 693, New York, New York 10108-0693 (“HODS”, “we“, “our”, and “us”) regulates your use of this website www.hods.org (the “Site”). Please read the following information carefully to understand our practices regarding your use of the Site. HODS may change the Terms at any time. HODS may inform you of the changes to the Terms using the available means of communication. HODS recommends you to check the Site frequently to see the actual version of the Terms and their previous versions. Your continued use of the Site after the date that such notices are communicated and posted will be deemed to be your agreement to the changed terms.
If you represent a legal entity, you certify that you are entitled by such legal entity to conclude the Terms as the legal entity you represent.
Children at any age may access our Site with parental permission and the child’s personal data may be collected from the Site. If a parent or guardian becomes aware that his or her child has provided HODS with information without their consent, he or she should contact HODS. HODS will delete such information from our files as soon as reasonably practicable.
The Site allows you to use Services available on the Site. You shall not use the services for promotional use, for advertisement, and/or for illegal aims. Derogatory or hateful speech will not be tolerated on our Site or Social Networking Sites (“SNS”) such as Facebook, Twitter, and Instagram. Any derogatory or hateful speech will be removed from our Site and SNS and your membership with HODS will be terminated immediately.
HODS may, at our sole discretion, set membership fees for registering for your HODS Organ Donor Card. All fees are published separately on Registration and Membership Organ Donor Card pages on the Site. HODS may, at our sole discretion, at any time change any fees.
HODS may use certified payment systems which also may have their commissions. Such commissions may be implied on you when you choose a particular payment system. Detailed information about commissions of such payment systems may be found on their websites.
The Site may include links to other sites, applications, and platforms (hereinafter the “Linked Sites“).
HODS does not control the Linked Sites, and shall not be responsible for the content and other materials of the Linked Sites. HODS makes these links available to you for providing the functionality or services on the Site.
HODS grants you a non-transferable, non-exclusive, revocable license to access and use the Site from one device in accordance with the Terms.
You shall not use the Site for unlawful or prohibited purpose. You may not use the Site in a way that may disable, damage, or interfere in the Site.
All content present on the Site includes text, code, graphics, logos, images, compilation, and software used on the Site (hereinafter and herein before the “Content“). The Content is the property of HODS or its contractors and protected by intellectual property laws that protect such rights. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.
You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the Site shall not entitle you to make any illegal and disallowed use of the Content, and in particular you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use. HODS does not grant you any licenses to the intellectual property of HODS.
By posting, uploading, inputting, providing or submitting your Content you are granting HODS to use your Content in connection with the operation of HODS’ business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate your Content; and to publish your name in connection with your Content.
No compensation shall be paid with regard to the use of your Content. HODS shall have no obligation to publish or enjoy any Content you may send us and may remove your Content at any time.
By posting, uploading, inputting, providing or submitting your Content you warrant and represent that you own all of the rights to your Content.
The information available via the Site may include typographical errors or inaccuracies. HODS shall not be liable for these inaccuracies and errors.
HODS makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on and services available on the Site. To the maximum extent allowed by the applicable law, all such Content and services are provided on the “as is” basis. HODS disclaims all warranties and conditions regarding this Content and services, including warranties and provisions of merchantability, fitness for a certain purpose.
To the maximum extent permitted by the applicable law, in no event shall HODS be liable for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of enjoyment, data or profits, in the connection with the enjoyment or execution of the Site in the context of the inability or delay to enjoy the Site or its services, or for any Content of the Site, or otherwise arising out of the enjoyment of the Site, based on contract and non-contract liability or other reason.
If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case, the exclusion or limitation of liability shall not apply to you.
You agree to indemnify, defend and hold harmless HODS, its managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys’ fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the Site or its services and HODS’ services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. The may assume the exclusive defence and you shall cooperate with HODS in asserting any available defences.
HODS may terminate your access and account to the Site and its related services or any part at any time, without notice, in case of your violation of the Terms.
The governing law of the Terms shall be the substantive laws of the country where HODS is set up, except the conflict of laws rules. You shall not use the Site in jurisdictions that do not give effect to all provisions of the Terms.
No joint venture, partnership, employment, or agency relationship shall be implied between you and HODS as a result of the Terms or use of the Site.
Nothing in the Terms shall be a derogation of HODS’ right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the Site.
If any part of the Terms is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be similar to the original version of the Terms and other parts and sections of the Terms shall be applicable to you and HODS.
The Terms constitute the entire agreement between you and HODS regarding the enjoyment of the Site and the Terms supersede all prior or communications and offers, whether electronic, oral or written, between you and HODS.
HODS and its affiliates shall not be liable for a failure or delay to fulfill its obligations where the failure or delay results from any cause beyond HODS’ reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terroristic acts, war, or any other force outside of HODS’ control.
In case of controversies, demands, claims, disputes, or causes of action between HODS and you relating to the Site or other related issues, or the Terms, you and HODS agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good faith negotiation, and in case of failure of such negotiation, exclusively through the courts of the country where HODS is set up.
HODS is committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding this Terms or our practices in relation to your personal data, please contact HODS via email at firstname.lastname@example.org.HODS will reply to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority
We welcome your comments or questions about this Terms. You may contact HODS via email at email@example.com, or by phone at 212-213-5087, or by mail at Halachic Organ Donor Society, P.O. Box 693, New York, New York 10108-0693.