Thank you for reviewing these Terms and Conditions.  We’re required to share these and ask you to accept them during registration.  We publish our materials and deliver them through a license agreement with institutions and individuals. 

We hope you understand the time and resources it takes to develop good educational resources and you value and appreciate our curriculum development efforts.  Please help us continue to create these resources by sharing content only with authorized persons. 

 

Terms and Conditions

I. Introduction

This is an Agreement between you and Mikva Challenge doing business as Mikva (hereinafter, “Mikva”, “us”, “we”, or “our”), and it outlines important terms that you will agree to as a result of your using websites located at: mikvachallenge.org and/or teach.mikvachallenge.org (hereinafter collectively referred to in the singular as “the Site”).

When you visit the Site or create an account to access teach.mikvachallenge.org, you will have access to certain resources and services, including, but not limited to, curriculum, videos, templates, etc. (hereinafter, collectively the “Services”).

In addition to your agreement to be bound by these Terms of Use, you will also agree to be bound by Mikva's corresponding Privacy Policy and Cookie Policy,  the terms of which are incorporated by reference.

Please read the rules contained in this Agreement carefully. By visiting the Site, and/or downloading, using or registering to use our Services, you agree to comply with these rules.

II. Changes to the Agreement

We will make changes to this Agreement from time to time. Any material changes will take effect immediately for new users and upon the expiration of thirty days after notification for current users. Any use of the Site, resources or Services after the 30-day notice period constitutes your acceptance of any change. Unless explicitly stated otherwise, any new features that augment the current Services, including the release of new Services, shall be subject to this Agreement.

III. Account Registration and Fees

A. User Accounts

The Site allows for the creation of accounts (known as “User Accounts”). The creation of a User Account will allow you to access different services and features on the Site. Access to some services and features require payment of an access and license fee (payable by you or by your employer, depending upon the circumstances), which is non-refundable.

B. Personal Information Provided

In order to create a User Account, you must provide certain Personal Information as defined in the Privacy Policy portion of this Agreement. All Personal Information will be subject to the terms of our Privacy Policy.

You agree and represent that all Personal Information provided by you at the time of registration is accurate and up-to-date. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up a User Account. If you provide any Personal Information that is untrue or inaccurate, not current, or incomplete, or if Mikva suspects that your Personal Information is untrue, inaccurate, or incomplete, then Mikva may, in its sole discretion, suspend, terminate, or refuse future access to the Services or your User Account.

If any of your User Account information changes or if you have reason to believe that your User Account is no longer secure, you must update your account by using the appropriate update mechanism on the Site, if available. Mikva is not responsible for any unauthorized use of your User Account. If you believe there has been unauthorized use of your User Account, you must notify Mikva immediately. You are responsible and liable for any conduct on the Site under your User Account.

Only the individual assigned to the User Account is permitted to use the password protected Services within Mikva. If you loan or disclose your user name and password or otherwise knowingly or unknowingly allow unauthorized access to the Services we reserve the right to terminate access to the Services or your User Account.

C. Inactive Accounts

Upon non-payment of license fees when due, your User Account will be downgraded to an account that does not have access to any of the paid portions of the Site or Services.

IV. Intellectual Property Ownership

Mikva owns, or is the licensee to, all right, title and interest in and to the Site and all Mikva created materials and Mikva created content associated with the Services or its products, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof.

The trademarks appearing on the Site are owned by Mikva or, if trademarks of independent entities, those trademarks are owned by their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement by their owners is expressly made.

By utilizing the Services or visiting the Site you agree that you will not violate any of Mikva’s intellectual property rights and that you will not use content from the Site for commercial purposes. You agree that you will be bound by Mikva’s License Agreement for use of its materials [INSERT LINK]. You acknowledge that you do not acquire any ownership rights by downloading or using Mikva materials.

You will not copy, modify, adapt, translate, publish, reproduce decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the Site and you will not remove, obscure, or alter Mikva’s copyright notice or any copyright notice fixed by a third party content owner, trademarks or other proprietary rights notices that may be affixed to or contained within the Site.

Third-Party Video Content

While much of the video content on the Site is created and owned by Mikva, some third party video content is used and displayed on the Site under license to Mikva. If you see a video on our site, don’t assume that our limited license to you as outlined in the License Agreement will apply. To the extent possible, all third party content has been identified as such.

Third-party links or materials are provided solely as a convenience to you as educational resources and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.  As a nonprofit corporation and 501(c)(3) public charity, Mikva Challenge devotes its efforts toward its charitable mission and does not promote or endorse third-party sites.

V. Site Availability and Updates

While Mikva strives to ensure that the Site and the Services are available as close to 99% of the time as possible, it cannot guarantee that the Site and the Services will be available for use at any given time.

Mikva acknowledges that it may need to perform maintenance activities for the Site and the Services as may be necessary or appropriate from time to time, including bug fixes, software updates, feature updates, and the addition of new Mikva forms, modules, and rubrics. In most instances, there will be no interruption to the functionality of the Site or Services.

If Mikva reasonably determines that maintenance activities will require an unavailability or outage of the Services or the Site for an excess of 3 days, Mikva will provide a notice of scheduled downtime on the Site at least one week before the scheduled outage.

Mikva will use commercially reasonable efforts to perform routine scheduled maintenance during non-business hours. In the event that the Site or the Services are unavailable due to technical reasons, force majeure, or for scheduled maintenance or downtime, Mikva shall use commercially reasonable efforts to ensure that such downtime will be as minimal as possible.

VI. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AT YOUR OWN RISK. THE SITE IS PROVIDED "AS IS", MIKVA AND ITS AFFILIATES AND ASSIGNS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SITE OR SERVICES. MIKVA AND ITS AFFILIATES AND ASSIGNS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE ITSELF WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED VIA THE SITE. MIKVA ITS AFFILIATES AND ASSIGNS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE SERVICES VIA THE SITE OR OTHERWISE, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, YOUR USE OF OR RELIANCE ON THE SITE OR ANY OF THE SERVICES, MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

YOU HEREBY AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MIKVA OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, MATERIALS, AND SERVICES, ANY WEBSITES LINKED TO IT/THEM, ANY MATERIALS ON THE SITE OR MATERIALS OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF PROPERTY, PROPERTY DAMAGE, LOSS OF BUSINESS, LOSS OF ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CAUSE, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

VII. INDEMNIFICATION

YOU WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS MIKVA, ITS AFFILIATES AND ASSIGNS, SUBSIDIARIES, AND CURRENT AND FORMER OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING ATTORNEY’S FEES AND EXPENSES,  DUE TO OR ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR CONDUCT OR IN CONNECTION WITH YOUR USE OF THIS SITE, MATERIALS, AND SERVICES, ANY ALLEGED VIOLATION OF THE TERMS OF USE, AND ANY ALLEGED VIOLATION OF ANY APPLICABLE LAW OR REGULATION. Mikva RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, BUT DOING SO WILL NOT EXCUSE YOUR INDEMNITY OBLIGATIONS.

VIII. Use by Minors and Children Under 13 Prohibited

The Site and the Services are directed to adults. They are not directed to minors or children under the age of 13. We ask that children under the age of 13 do not use our products and services or visit our website.  We comply with the Children's Online Privacy Protection Act and do not permit registration by and will not knowingly collect personally identifiable information from anyone under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information, or upon request, we will provide it to parents or guardians upon verifying their identity and relationship to the child. If you believe we might have any information from or about a child under 13, please contact Mikva’s Privacy Director.  It is our policy to comply with applicable laws protecting the safety of children in the use of electronic devices. This requirement will be posted wherever we collect data within the Site, such as during the registration process.

IX. Third Party Web sites

As part of the offered Services, you will be able to access third party Sites, which provide their own services and content. We do not control those third-party services and content, nor do we endorse their content.  Any links are provided merely as a matter of convenience.

X. Notice of Infringement Claims

Mikva respects the intellectual property of others, and we ask our users to do the same. Mikva has designated an agent to receive Notices of Infringement with the U.S. Copyright Office in conformity with the Digital Millennium Copyright Act (“DMCA”). That agent’s contact information is reproduced below. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, or that your trademarks or other intellectual property rights have been otherwise violated, please contact Mikva as outlined below with the following information in a written notice in writing or electronically:

1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on the site, with enough detail that we may find it on the site;
3. Your address, telephone number and e-mail address;
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf;
6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.

Please note that, because of security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

Please direct the information to:

Mikva Challenge

Attn: DMCA Agent

200 S Michigan

Suite 1000

Chicago, IL 60604

Email: curriculum@MikvaChallenge.org

XI. Suspension of Access to the Site

Mikva has the right to terminate and/or suspend your ability to access the Site the Services for any or no reason, without notice.

XII. Arbitration

You agree to arbitrate all Disputes between you and Mikva, its affiliates and assigns, except disputes relating to Mikva’s intellectual property rights. The term, “Disputes”, means any action or other controversy between you and Mikva concerning the Services or this Agreement, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis.

In the event of a Dispute, you must send written notice detailing the Dispute to Mikva at the below address to determine whether the Dispute can be resolved immediately. If the Dispute cannot be resolved, you and Mikva shall settle the Dispute by binding arbitration before a neutral arbitrator in Chicago, Illinois whose decision will be binding except for a limited right of appeal under the U.S. Federal Arbitration Act. Arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. Each party shall bear its own costs.

XIII. Severability

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

XIV. Waiver

No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provisions under these terms shall not constitute a waiver of such right or provision.

If you do not agree to the above terms and conditions, you are forbidden from utilizing the Site or registering for the Services.