Terms of
Use
Effective
February 7, 2012
PLEASE
READ
THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
Yeshiva
University, through its Center for the Jewish Future (“YU”), operates
www.YUTorah.org (the “Site”)
for our visitors, members and
contributors. The Site is being provided
under the following terms and conditions and any operating rules,
policies,
procedures and terms related to the use of certain software and/or
content of
the Site that may be published from time to time on the Site by YU
(collectively, the “Terms of Use”).
The
Terms of
Use govern visitors’ (“Visitors”)
access to and use of the
public areas of the Site (“Public Areas”)
as well as Members’
(as defined below, and collectively with Visitors, “Users”) access to and use
of certain restricted areas and features of the Site (“Member Areas”). Unless
otherwise indicated, the term “Site”
as used throughout the Terms of Use shall include the Public Areas and
the
Member Areas. For the purposes of the
Terms of Use, “You” or “Your”
shall refer to you as a Visitor
to or Member of the Site.
The
Site is
controlled and offered by YU from its facilities in the United States
of
America. YU makes no representations
that the Site is appropriate or available for use in other
jurisdictions. If You are a non-U.S.
resident and access the
Site, You do so at Your own risk and are responsible for compliance
with local
laws and regulations. You may not
access, download, use or export the Site or the Content (as defined
below) in
violation of U.S. export laws or regulations, or in violation of any
other
applicable laws or regulations.
CAUTION: READ
THE FOLLOWING TERMS OF USE CAREFULLY. By
accessing and using the Site, registering
for a Member account on the Site and/or submitting Content for it, You
agree
that You have read and understood and agree to be bound by the Terms of
Use. YOU REPRESENT AND WARRANT THAT YOU
HAVE THE AUTHORITY TO BIND THE USER TO THE TERMS OF USE.
IF A user IS NOT WILLING TO BE BOUND BY THE
TERMS OF USE, DO NOT register for the Site or otherwise USE the Site. YOU REPRESENT TO US THAT YOU ARE EIGHTEEN
(18) YEARS OF AGE OR OLDER. IF YOU ARE
UNDER THE AGE OF 18, YOUR PARENT OR LEGAL GUARDIAN MUST AGREE TO THE
TERMS OF
USE ON YOUR BEHALF.
Use of Website
YU
encourages
You to share articles, information and other materials made available
to You
through the Site within your communities to further the educational
purpose of
the Site, so long as you comply with the Terms of Use identified herein. Subject to the Terms of Use, YU hereby grants
You a nonexclusive, nontransferable right to (a) access the Site; (b)
access
the information, materials, research, studies, reports, text, images,
marks,
logos, graphics, sound files, animation files, video files and any
other material
or content made available through the Site (the “Content”)
and (c) download, print, translate, reproduce, disclose,
distribute, display and use a reasonable number of copies of the
Content for
Your personal or non-commercial, educational purposes, provided that
You
properly credit YU and the copyright owner as follows:
[Author].
[Title]. This material originally appeared
on
www.YUTorah.org.
All
Content
is proprietary to YU and/or its contributors, and are protected by U.S.
and
international intellectual property and related laws.
Except for Content You post to the Site,
which is subject to the terms set forth below, title to all Content
remains
with YU and/or the contributors of such Content. Any
use of the Content not expressly
permitted by the Terms of Use is a breach of the Terms of Use and may
violate
intellectual property and related laws.
All rights not expressly granted herein are reserved by YU. Any questions regarding use of the Content
should be directed to [email protected].
You
may not
modify any Content and may not remove any copyright, trademark or other
legal
or proprietary notices contained on or in the Content.
You are prohibited from using any of the
marks or logos appearing on the Site without express permission from
the owner,
unless otherwise permitted by applicable law.
You will protect the Content from unauthorized copying or use. Except as specifically permitted in the Terms
of Use, You shall not, directly or indirectly, (i) transfer, sell,
sublicense, rent
or lease the Content; (ii) circumvent any encrypted data or gain access
to more
materials or data than was licensed, or use the Site in any manner
which
violates the Terms of Use or any applicable laws; (iii) reverse
engineer,
decompile, disassemble or convert any computer programs used to access
the Site
(except as local law may permit without violation of local copyright
law); or
(iv) except as expressly provided herein, copy, reproduce, disclose,
distribute, display, perform, publish, adapt, create derivative works
of,
translate or otherwise modify the Content, or permit any third party to
engage
in any of the acts proscribed in clauses (i) through (iv).
Reproduction of the Content in any form or by
any means, including, but not limited to, information storage and
retrieval
systems, recordings and re-transmittals, use in any timesharing,
service
bureau, bulletin board or similar arrangement or public display without
YU’s
written permission is forbidden.
You
agree
that You will not disable, overburden or impair the proper working of
the
Site. You will only use the Site for
lawful purposes. Unauthorized access to
the Site, or to the telecommunications or computer facilities used to
deliver
the Site, is a breach of the Terms of Use and is a violation of law. Upon reasonable request, You will provide YU
with evidence of compliance with the obligations set forth in this
Section. Any special rules for the use
of certain software and other Content accessible on the Site may be
included
elsewhere within the Site and are incorporated into the Terms of Use by
reference.
Eligibility and Registration
The
Member
Areas may be made available by YU to individuals that complete the
registration
form and can form legally binding contracts under applicable law (each,
a “Member”).
In order to use the Member Areas, a Member
must: (a) provide certain current, complete, and accurate information
about the
Member on the registration form (“Registration
Data”); (b) maintain
and update the Registration Data as required to keep information
current,
complete, and accurate; (c) provide all equipment, including, without
limitation, a computer, necessary to establish an Internet connection;
(d)
provide for the Member’s own access to the Internet; and (e) pay
any service
fees associated with such access. YU
retains the right to terminate a Member's account and the
Member’s rights to
use the Member Areas if any Registration Data that the Member provides
is
untrue, inaccurate, not current or incomplete, or if YU has reasonable
grounds
to believe that any Registration Data is untrue, inaccurate, not
current or
incomplete, or if the Member otherwise breaches the Terms of Use.
Account Password and Security
Access
to and
use of the Member Areas is through a combination of a unique user name
(“Username”)
and a password (“Password”)
designated by the Member on the registration
form. Each Member is responsible for
maintaining the confidentiality of his, her or its own Username and
Password. Furthermore, each Member is
entirely responsible for any and all activities which occur under his,
her or
its Username and Password. The Member
agrees to immediately notify YU of any unauthorized use of the Member
Areas or
a Member’s account or any other breach of security known to the
Member. Although YU will not be liable for
losses
caused by any unauthorized use of the Member’s account, the
Member may be
liable for the losses of YU or others due to such unauthorized use. The Member is solely responsible for (a) any
charges, damages or losses that may be incurred or suffered as a result
of the
Member’s failure to maintain the strict confidentiality of his,
her or its
Username and Password; and (b) promptly informing YU in writing of any
need to
deactivate any Username and/or Password due to security concerns.
Privacy Policy
Registration
Data and other information, including, without limitation, personally
identifiable information, about Users will be treated in accordance
with the
Site’s Privacy Policy. In addition to the restrictions on disclosure
of Registration Data as set forth in the Privacy Policy, YU will not
disclose
any personally identifiable information about a User unless authorized
by that
User or unless YU is required to do so by law or in the good faith
belief that
such action is necessary to: (a) conform
with applicable laws or comply with legal process; (b) protect and
defend the
rights or property of YU; or (c) enforce the Terms of Use.
User Conduct
You
agree
that when using the Site and/or submitting Content for the Site, You
will act
in a manner consistent with the goals of the Site, and by way of
example, and
not as a limitation, You specifically agree that:
-
You will not,
intentionally
or unintentionally violate any applicable local, state, national or
international law, including, but not limited to, any regulation or
law.
-
You will not
post
information on or download information from the Site unless You have
all rights
and authority necessary to do so.
-
You will not
post any
inappropriate, defamatory, foul, vulgar, obscene, sexually explicit,
potentially libelous or slanderous, infringing, harmful, harassing,
threatening, illegal or otherwise objectionable material or information
to the
Site, including, but not limited to, text, graphics, audio, and video
files.
-
You will not
defame, abuse,
harass, stalk, threaten, embarrass, cause distress, unwanted attention
or
discomfort or otherwise violate the legal rights (such as rights of
privacy and
publicity) of any User or representative of YU.
You may express Your disagreement with someone’s
point-of-view, but
personal attacks or attacks based on another person’s race,
national origin,
ethnicity, religion, gender, sexual orientation, disability or other
such
condition or circumstance, are strictly prohibited.
-
You will not
impersonate
another person or entity, including, but not limited to, a YU
representative or
communicate under a false name or a name that You are not entitled or
authorized to use.
-
You will not
post surveys,
contests, chain letters, pyramid schemes, unnecessarily long messages,
unnecessary or repetitive posts, multiple ratings for the same item,
meaningless text, spamming, offensive declarations or exhortations or
other
similarly disruptive content.
-
You will not
falsify or
delete any author attributions, legal or other proper notices or
proprietary
designations or labels of the origin or source of software or other
material
posted on the Site.
-
You will not
post any files
that contain viruses, corrupted files or any other similar software or
programs
that may damage the operation of another’s computer.
-
You will not
attempt to
“crack,” “hack,” “bomb,” manipulate
or otherwise gain unauthorized access to
other User accounts, YU servers, YU software or any areas of the Site
not
intended for Your access.
-
You will not
post, transmit
or distribute any unsolicited advertising, promotional materials or
other forms
of solicitation to Users, individuals or entities, except in areas
expressly
designated by YU for such purposes.
-
You will not
harvest, mine
or otherwise collect or store personal information about others,
including,
without limitation, e-mail addresses and the content of User profiles.
-
YU neither
endorses Your
products or services, nor the content of the Your communications,
postings or
data, nor assumes any responsibility for any threatening, libelous,
obscene,
harassing or offensive material contained in such materials, or any
crime
facilitated by use of the Site.
Violation of any of
the above
may, at any time without prior notice, result in a warning, temporary
limit or
suspension or immediate termination of Your account or Your access to
the Site,
reporting of Your conduct to authorities, or legal action, as may be
appropriate in the sole discretion of YU.
You acknowledge that YU is not responsible for and does not
assume any
liability for the comments and opinions expressed by Users, including,
without
limitation, with respect to the aforementioned activities.
If You believe Your account or Your access to
the Site has been terminated in error, please contact YU.
YU shall not have any liability to You or to
any third party in respect of any limitation or suspension of Your
access to
the Site.
YU
attempts
to create a safe and supportive environment for all individuals by
taking
measures to prevent offensive behavior.
However, YU cannot and does not monitor the Site at all times
and makes
no guarantee with respect to Your experience.
Anyone who feels that a posted message or image is objectionable
is
encouraged to notify YU immediately. In
cases where You feel threatened or believe someone else is in danger,
You
should contact Your local law enforcement agency immediately.
User Content
As
a User,
You may submit content and/or other communications ("User Content") and
understand that, whether or not such User Content is published, YU does
not
guarantee any confidentiality with respect to any User Content.
By
submitting
User Content for the Site, You represent, warrant and agree that:
-
The User
Content is
original and genuine; and You are the sole and exclusive author and
owner, or
have the necessary licenses, rights, consents, and permissions to use
and
authorize YU to use all patent, trademark, trade secret, copyright or
other
proprietary rights in and to any and all User Content to enable
inclusion and
use of the User Content in the manner contemplated by the Site and the
Terms of
Use.
-
The User
Content does not
infringe any intellectual property or other proprietary right
(statutory,
common law or otherwise) of another person or entity.
-
The User
Content does not
contain any matter that is defamatory, injurious, scandalous, obscene
or
libelous, that violates another's civil rights or right of privacy, or
that is
otherwise unlawful.
-
You have the
right to
submit the User Content to the Site without restriction and grant the
rights
and licenses described herein.
You
acknowledge that You shall be solely responsible for Your own User
Content, the
consequences of posting or publishing it, and any person’s
reliance on such
User Content.
For
clarity,
You retain all of Your ownership rights in Your User Content. Notwithstanding the foregoing, You hereby
grant to YU a perpetual, non-exclusive, worldwide, irrevocable,
sublicensable,
transferable, royalty-free and fully paid-up license to use, reproduce,
distribute, display, perform, prepare or create derivative works of and
otherwise exploit the User Content, in whole or in part, submitted by
You to
YU, for any purpose, in any media formats and through any media
channels. You further hereby grant each
User of the
Site a perpetual, non-exclusive, irrevocable license to access Your
User
Content through the Site, and to use, reproduce, distribute, display
and
perform such content as permitted through the functionality of the Site
and
under the Terms of Use. You understand
and agree, however, that YU may retain, but not display, distribute or
perform,
server copies of User Content that have been removed or deleted.
YU
does not
endorse any User Content or any opinion, recommendation or advice
expressed
therein, and YU expressly disclaims any and all liability in connection
with
User Content. YU has the right not to
use any User Content submitted and/or use as much or as little as it
may choose
in its discretion. YU has the right to
remove any User Content without notice at any time in its discretion. YU reserves the right (but is not obligated)
to, without limitation: (a) record User Content; (b) investigate any
allegation
that User Content does not conform to the Terms of Use and determine in
its
sole discretion to remove or request the removal of the User Content;
and/or
(c) monitor, edit or disclose any User Content.
Copyright Notification
YU
does not
permit copyright infringing activities and infringement of intellectual
property rights on the Site, and will remove Content, including,
without
limitation, User Content, if properly notified that such content
infringes on
another's intellectual property rights.
If You are a copyright owner or an agent thereof and believe
that any
User Content or other Content in any area of the Site infringes upon or
otherwise conflicts with Your copyrights, You may submit a notification
pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing YU’s
designated Copyright Agent with the following information in writing
(see 17 U.S.C.
§ 512(c)(3) for further detail):
a.
A physical or electronic signature of a person authorized to act
on
behalf of the owner of an exclusive right that is allegedly infringed;
b.
Identification of the copyrighted work claimed to have been
infringed,
or, if multiple copyrighted works at a single online site are covered
by a
single notification, a representative list of such works at that site;
c.
Identification of the material that is claimed to be infringing
or to be
the subject of infringing activity and that is to be removed or access
to which
is to be disabled, and information reasonably sufficient to permit the
service
provider to locate the material;
d.
Information reasonably sufficient to permit the service provider
to
contact You, such as an address, telephone number, and an electronic
mail
address;
e.
A statement that You have a good faith belief that use of the
material
in the manner complained of is not authorized by the copyright owner,
its agent
or the law; and
f.
A statement that the information in the notification is accurate
and,
under penalty of perjury, that You are authorized to act on behalf of
the owner
of an exclusive right that is allegedly infringed.
Please
contact YU’s designated Copyright Agent at [email protected] or 212-960-0153 to send
notifications
of claimed infringement. For clarity,
only DMCA notices should go to the Copyright Agent; any other feedback,
comments, requests for technical support, and other communications
should be
directed to YU through the Contact Us area of the Site.
You hereby acknowledge and agree that if You
fail to comply with all of the requirements listed above, Your DMCA
notice may
not be valid.
Links to and from the Site
The
Site may
provide links to other websites or resources.
YU is not responsible for the availability of such external
sites or
resources, and does not endorse and is not responsible or liable for
any
content, advertising, products or other materials on or available from
such
sites or resources. YU shall not be
responsible or liable, directly or indirectly, for any damage or loss
caused or
alleged to be caused by or in connection with use of or reliance on any
such
content, products or services available on such external sites or
resources. YU provides these links and
references to You
only as a convenience. Unless otherwise
expressly stated, a link does not imply YU’s endorsement,
sponsorship or
recommendation of, or affiliation with, the linked site or its content,
and YU
does not accept any responsibility therefore.
If You would like to link to the Site, please contact YU by
email at [email protected]
Disclaimer of Warranties
Your use of the site is solely at
your
risk. The Site is provided by YU on an
“as is” and “as available “ basis.
YU
disclaims all representations or warranties of any kind, either express
or
implied, including, but not limited to, representations and warranties
as to
the accuracy or reliability of the Content, as to the availability of
the Site
at any particular time or location, as to the correction of any defects
or
errors in the Site, or that Content is free of viruses or other harmful
components. YU cannot and does not
guarantee that content available for downloading will be free of
infection by
software viruses or other harmful computer code, files or programs. YU disclaims all warranties, express or
implied, including, but not limited to, implied warranties of
merchantability,
fitness for a particular purpose, TITLE AND NON-INFRINGEMENT, QUIET
ENJOYMENT,
ACCURACY, INTEGRATION, COMPLETENESS OR TIMELINESS AS WELL AS ALL
WARRANTIES
ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. YU MAKES NO WARRANTY THAT THE SITE WILL MEET
THE USER’S REQUIREMENTS OR THAT THE SITE WILL BE UNINTERRUPTED,
TIMELY, SECURE,
OR ERROR FREE, NOR DOES YU MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY
BE
OBTAINED FROM THE USE OF THE SITE.
ANY MATERIAL OR DATA DOWNLOADED OR
OTHERWISE
OBTAINED THROUGH THE USE OF THE SITE IS DONE AT THE USER’S OWN
DISCRETION AND
RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE
USER’S
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE
OF SUCH
MATERIAL OR DATA. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM YU OR
THROUGH
THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION
OF CERTAIN WARRANTIES. ACCORDINGLY, SOME
OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE MEMBER.
Limitation of Liability
Under no circumstances will YU be
liable for
any damages, including direct, indirect, punitive, incidental, special
or
consequential damages (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS,
LOSS OF
USE, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR
COSTS
OF PROCURING SUBSTITUTE GOODS), that result from the use of or
inability to use
the Site, UNAUTHORIZED ACCESS TO, DELETION OR ALTERATION OF THE
USER’S DATA, OR
FAILURE OF THE SITE TO STORE THE USER’S DATA.
This limitation applies whether the alleged liability is based
on
contract, tort, negligence, strict liability or any other basis, even
if YU has
been advised of the possibility of such damage.
THE FOREGOING LIMITATIONS AND EXCLUSIONS ARE INTENDED TO APPLY
REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR
FORESEEABLE. EACH PARTY ACKNOWLEDGES AND
AGREES THAT THE LIMITATIONS OF LIABILITY SET FORTH herein ARE A
CONDITION OF
THE OTHER PARTY ENTERING INTO THE TERMS OF USE.
SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO THE USER.
Notwithstanding the foregoing, YU’s liability in
jurisdictions which do
not allow the exclusion or limitation of incidental or consequential
damages
shall be limited to the fullest extent permitted by law but shall, in
no event,
exceed $100.00.
Indemnification
You
agree to
indemnify, defend and hold harmless YU and its divisions and related
and
affiliated entities and their respective trustees, committee members,
officers,
employees and agents, from any claim, demand, liability, expense or
loss,
including reasonable attorneys’ fees, arising out of, or in any
way connected
with, (a) Your use of or access to the Site and/or the Member Areas,
(b) Your
violation of the Terms of Use, or (c) Your posting, or the posting by
any other
person using Your User Name or Password, of any User Content.
Trademarks
YU
and YU’s
logo and other product and service names of YU are trademarks of YU
(the “YU
Marks”). You agree not to
display, reproduce or otherwise use in any manner any of the YU Marks
without
YU’s prior written permission.
User Feedback
YU
is pleased
to hear from Users and welcomes Your comments regarding the Site. If You send YU Your feedback, ideas and
materials via the Site, please understand that by submitting the
information to
YU, You irrevocably assign YU, free of charge, all worldwide rights,
title and
interest in all copyrights and other intellectual property rights in
the
information or materials You submit. YU
will be entitled to use any information and materials You submit
through the
Site for any purpose whatsoever without restriction and without
compensating
You in any way, and by submitting any such information and materials,
You represent
to YU that You have the right to do so.
Modification, Waivers and Integration
YU
may modify
the Terms of Use at any time and from time to time.
Upon any material modification to the Terms
of Use, YU will provide You with notice by posting the modified Terms
of Use,
together with a description of the modifications made, on the Site. The modified Terms of Use will be effective
immediately upon its posting on the Site.
Your continued use of the Site after the posting of the modified
Terms
of Use on the Site constitutes Your agreement to abide and be bound by
such
terms, as modified. Should You object to
any modification, Your sole recourse is to terminate Your use of the
Site. The Terms of Use may not otherwise
be
modified, except in a writing signed by both parties.
YU reserves the right to modify or
discontinue the Site (or any portion of the Site), temporarily or
permanently,
with or without notice to You, and is not obligated to support or
update the Site. YU shall not be liable to
You or any third
party in the event that YU exercises its right to modify or discontinue
the
Site (or any portion of the Site).
Unless explicitly stated otherwise, any new features that
augment or
enhance the current Site shall be subject to the Terms of Use. No delay or failure on the part of either
party in exercising any right or remedy hereunder shall operate as a
waiver
thereof or of any other right or remedy.
No waiver whatsoever shall be valid unless in writing, signed by
the
party to be charged, and then only to the extent therein set forth. The Terms of Use constitute the entire
agreement of the parties with respect to the matters contemplated
hereby.
Notices
Any
notice or
other communication required or permitted to be made under the Terms of
Use may
be delivered in person, by facsimile, by United States certified or
registered
mail, by a nationally-recognized overnight courier or, as provided
below, by
electronic means. Except as otherwise
provided herein, a notice shall be effective (a) upon receipt, if
delivered in
person; (b) upon receipt (confirmed by automatic answer back or like
evidence
of receipt), if sent by facsimile during normal business hours at the
office of
the recipient thereof and otherwise at the opening of business at such
recipient’s
office on the next business day; (c) three (3) days after deposit into
the
United States mail, if sent by certified or registered mail, return
receipt
requested; (d) at 11:00 a.m. on the next business day, if sent by
overnight
courier; and (e) as provided below, if sent by electronic means. In each case, such notice to any party shall
be made to the address of such party indicated (i) in the case of YU,
below, or
(ii) in the case of the Member, in the registration form.
Either party may from time to time change its
address for receiving notices in writing, or its electronic address, by
posting
a change of address on the Site or by sending a notice to the other
party in
writing or by electronic means promptly confirmed in writing. Any notice or other communication to be made
hereunder, even if otherwise required to be in writing under other
provisions
of the Terms of Use, may alternatively be made in an electronic record
transmitted electronically to the electronic addresses set forth (1) in
the
case of YU, below, or (2) in the case of the Member, in the
registration
form. Any notice or other communication
made in electronic form will have the same legal effect and
enforceability as
if made in non-electronic form. YU may
also broadcast notices or messages on the Site, or other matters of
importance;
such broadcasts shall constitute notice to Users.
Assignment
You
shall not
assign or otherwise transfer the Terms of Use, in whole or in part, or
delegate
or subcontract any of its rights or obligations hereunder, without
YU’s prior
written consent, such consent not to be unreasonably withheld. Any attempted transfer or delegation by You
without YU’s consent will be void. The
Terms of Use will bind and inure to the benefit of each party's
successors and
permitted assigns.
Severability
The
invalidity or unenforceability of any one or more sections of the Terms
of Use
shall not affect the validity or enforceability of its remaining
provisions.
Applicable Law and Jurisdiction
By
accessing
and using the Site and/or by submitting Content, You agree with YU that
all
matters arising from or relating to the use and operation of the Site
will be
governed by the internal laws of the State of New York, without regard
to its
conflicts of laws principles. You agree
that all claims You may have arising from or relating to the operation
or use
of the Site will be heard and resolved in the courts of the State of
New
York. The parties waive personal service
of any and all process and agree that all such service of process may
be made
by certified or registered mail, return receipt requested, directed to
such
party, at the address (a) if YU is the recipient, set forth below and
(b) if
the Member is the recipient, set forth in the registration form. TO THE EXTENT PERMITTED BY LAW, EACH OF THE
PARTIES HEREBY WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY SUIT OR
PROCEEDING
ARISING UNDER OR RELATING TO THE TERMS OF USE.
Acknowledgement
You
acknowledge that You have read and understand the Terms of Use, and
that the
Terms of Use have the same force and effect as a signed agreement.
Andrew J. Lauer, Esq.
2495 Amsterdam Avenue
New York, NY 10033-3201
voice: 212-960-0153
fax: 212-417-7358
e-mail: [email protected]