Terms and Conditions of use & services
TERMS AND CONDITIONS OF USE & SERVICES
Effective June 22, 2020
Adopt A Neighbor. (referred to as “us” or “we” or "the Company" "Adopt A Neighbor" or "AAN"), is a volunteer student-run organization that provides the https://www.adopt-a-neighbor.org site and various related webpages (together referred to as the “Site” or "Platform") to in support of its mission to facilitate Jewish students in the United States to connect with prospective tutors and/or teachers for one-on-one or group virtual tutoring services during the COVID-19 pandemic. The Platform allows Registered Users to use the connect with one another to arrange between themselves virtual tutoring sessions. Adopt A Neighbor facilitates this process by providing lists of tutors who have registered with the site to Users desiring such services.
2. Description of Site
AAN, provides an online platform at https://www.adopt-a-neighbor.org that connects Users who are tutors with Users seeking tutoring services on behalf of a "Child User" (each a “User”) and other services related thereto (collectively, the "Services") through our Platform, accessible at (the "Site"). The Services include the ability for Users and Tutors (each as defined herein) to interact via the Platform's interface or other methods as may be made available by AAN from time to time.
We reserve the sole right to either modify or discontinue the Site, including any features therein, at any time with or without notice to You. We shall not be liable to You or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to the TCUS.
You acknowledge and agree that (1) the Site, Platform and Services are intended only to facilitate the provision of tutor services between users; via our online platform and its video and text chat and document collaboration interface; (2) AAN is not a provider of tutoring services; (3) AAN's role is solely to facilitate the connection of Users; and (4) AAN makes no representations with respect to any User.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks You may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility regarding the timeliness, deletion, misdelivery or failure to store any User communications or personalization settings.
3. User Acknowledgement, Representations and Warranties
The site and services comprise an online platform which facilitates the connection between users via the site and via the services.
You agree, understand and acknowledge that AAN is neither a party to any agreement entered into between a user and a tutor nor does AAN have any control over the tutor services or the conduct of users, tutors and other users of the site and services, and disclaims all liability in this regard. any meetings (virtual or otherwise) between users, tutors or any other third parties and any transactions for tutor services provided by tutors are done at the parties' sole risk.
By registering, You represent and warrant that all information that You provide is true and accurate and that You will maintain and update this information as required in order to keep it current, complete and accurate.
We do not accept donations at this time.
5. Conduct on Site
Your use of the Site is subject to all applicable laws and regulations, including Netiquette, and You are solely responsible for the contents of Your communications through the Site or any User. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service without limitation, that may be available to You on or through this site, You agree that You will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
1. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
2. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
3. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
4. Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
5. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
6. Impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party Users of the Site. We generally do not pre-screen, monitor, or edit the content posted by Users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be made available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with the TCUS and any other rules of User conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
You agree that we may at any time, and at our sole discretion, terminate Your ability to access the Site without prior notice to You for any reason. In addition, You acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
6. Third Party Sites and Information
This site may link You to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. The Company has not reviewed all of the sites linked to or from the Company Site and is not responsible for the content or privacy policies of any off-site pages or other sites linked to or from the Company Site. These sites may contain information or material that some people may find inappropriate. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Site or party by us, or any warranty of any kind, either express or implied.
7. Intellectual Property Information
You acknowledge and agree that all content presented to You on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Company and/or its agents or licensors. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and You are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither we nor our sponsors nor agents warrant or represent that Your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Company. All other trademarks or service marks are property of their respective owners. Nothing herein grants You any right to use any trademark, service mark, logo, and/or the name of the Company.
8. User’s Materials
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept Your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask You to do the same. If You or any User of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, You or the User should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed’
2. Identification of the copyrighted work claimed to have been infringed;
3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of Users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement: email@example.com
You acknowledge and agree that upon our receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to You or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
9. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT: (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through Your use of the Site, You may have the opportunities to engage in commercial transactions with other Users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and You.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
ADOPT A NEIGHBOR IS NOT RESPONSIBLE FOR YOUR USE OF THE ADOPT A NEIGHBOR SITE, PLATFORM, SERVICES OR FOR THE ACTIONS OF OTHER USERS WITH WHOM YOU MAY EXCHANGE INFORMATION OR HAVE CONTACT OR CONDUCT TRANSACTIONS. ADOPT A NEIGHBOR DOES NOT CONDUCT CRIMINAL OR OTHER BACKGROUND SCREENINGS OF ITS USERS. ADOPT A NEIGHBOR DOES NOT VERIFY THE INFORMATION PROVIDED BY USERS WITH RESPECT TO USERS’ IDENTITY, HEALTH, PHYSICAL CONDITION, OR OTHERWISE. ADOPT A NEIGHBOR ALSO IS NOT RESPONSIBLE FOR ACTIVITIES OR LEGAL CONSEQUENCES OF YOUR USE IN LOCATIONS WHICH MAY ATTEMPT TO CRIMINALIZE OR LIMIT YOUR PERSONAL INTERACTIONS. YOU MUST MAKE YOUR OWN INFORMED DECISIONS ABOUT USE OF THE APPLICATION IN YOUR LOCATION AND ASSESS ANY POTENTIAL ADVERSE CONSEQUENCES.
Content available through this site often represents the opinions and judgments of an information provider, site User, or other person or entity not connected with Company. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Company spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into the TCUS.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability
Your exclusive remedy and our entire liability, if any, for any claims arising out of the TCUS and Your use of this site shall be limited to the amount You paid us for services rendered by us to You on the Site during the-2 (two) month period before the act giving rise to the liability.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THRID PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, You agree to defend, indemnify, and hold us and our trustees, supervisors, officers, agents and employees harmless from all liabilities, claims, allegations causes of action, costs, expenses. fees, including attorney’s fees, judgments, losses and damages arising from or relating to Your use of or operation of the Site or any of its content or links. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with us in asserting any available defenses.
12. Security and Password
You are solely responsible for maintaining the confidentiality of Your password and account and for any and all statements made and acts or omissions that occur through the use of Your password and account, including any mail sent and any charges incurred. Therefore, You must take steps to ensure that others do not gain access to Your password and account. Our personnel will never ask You for Your password. You may not transfer or share Your account with anyone, and we reserve the right to immediately terminate Your account in the event of any unauthorized transfer or sharing thereof.
13. International Use
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
14. Termination of Use
You agree that we may, in our sole discretion, terminate or suspend Your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of the TCUS. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating Your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, Your right to use the services available on this site immediately ceases, and You acknowledge and agree that we may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or this site. We shall not be liable to You or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
15. Governing Law
All notices to a party shall be in writing and shall be made either via e-mail. Notices to us must be sent to the attention of Customer Service email at firstname.lastname@example.org. Notices to You may be sent either to the e-mail address supplied for Your account or to the address supplied by You as part of Your Registration Data. In addition, we may broadcast notices or messages through the Site to inform You of changes to the Site or other matters of importance, and such broadcasts shall constitute notice to You.
Any notices or communication under the TCUS will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed e-mail.
17. Entire Agreement
In any action to enforce the TCUS, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by You against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
You may not assign Your rights and obligations under the TCUS to any third party, and any purported attempt to do so shall be null and void. We may free assign our rights and obligations under the TCUS.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from liability for nondelivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of the TCUS is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of the TCUS or related rights shall not constitute a waiver of that right or provision.
19. Contact Information
Email: email@example.com Phone number: (347) 292-8735