Federation CJA Terms of Use

Thank you for visiting the website of Federation CJA.

  1. Acceptance of Terms of Use and Scope
    1. This website is operated by Federation CJA ("Federation CJA", "we", "us"). Your use of the website located at www.federationcja.org, any official social media pages, and any other forms of online presence controlled by us (collectively, the "Site") is subject to the terms and conditions set out below ("Terms of Use").
    2. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. THESE TERMS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND FEDERATION CJA, WHICH IS THE OWNER AND OPERATOR OF THE SITE. BY ACCESSING OR USING THIS SITE OR OTHERWISE INDICATING YOUR CONSENT, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND THE DOCUMENTS REFERRED TO IN THEM. IF YOU DO NOT AGREE WITH OR ACCEPT ANY OF THESE TERMS OF USE, YOU SHOULD CEASE USING THE SITE IMMEDIATELY.
    3. These Terms of Use incorporate by reference our Privacy Policy, available here: https://www.federationcja.org/en/privacy/ In the event of any conflict or inconsistency between these Terms of Use and the Privacy Policy in matters relating to the protection of personal information, the Privacy Policy will prevail.
    4. This Site is intended for and directed to individuals located in Canada who are of 13 years of age and over. By using the Site, you agree that you are of legal age to enter into these Terms of Use, and if you are not, you have obtained parental or guardian consent to enter into these Terms of Use.
    5. We seek to make this Site as accessible as possible. If you have any problems accessing this Site or the content contained on it, please contact us at [email protected] If you have any questions about the Site, please contact [email protected].
  2. Restrictions on use
    1. The Site and any and all text, images, video, audio or other multimedia content, software or other information or material submitted to, subsisting on or accessible from the Site ("Content") is for your personal and non-commercial use only. As a condition of your use of the Site, you agree:
      1. not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these Terms of Use;
      2. not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
      3. not to reverse engineer, decompile, copy, modify, reproduce, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site or its Content except as permitted by us under these Terms of Use or as expressly provided under applicable law;
      4. not to interrupt, or attempt to interrupt, the operation of the Site in any way or use the Site to distribute viruses or malware or other similar harmful software code;
      5. not to modify, circumvent or delete any intellectual property notices contained on the Site and in particular in any digital rights or other security technology embedded or contained within any Site Content;
      6. not to use the Site to harvest or otherwise systematically collect by any means any information whatsoever (including without limitation email addresses, passwords or other personal information of other users), and not to make any submission which solicits confidential or personal information from other users;
      7. not to represent or suggest that we endorse any business, product or service unless we have separately agreed to do so in writing; and
      8. that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.
    2. We reserve the right to prevent or suspend your access to the Site if you do not comply with any part of these Terms of Use or any applicable law.
  3. Ownership, use and intellectual property rights
    1. This Site and all intellectual property rights in the Site (including without limitation any Content) are owned by Federation CJA and/or its licensors. Federation CJA and its licensors reserve all our intellectual property rights (which include without limitation all copyright, trade-marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.
    2. Nothing in these Terms of Use grants you any rights in the Site other than as necessary to enable you to access the Site. We grant you a non-exclusive, non-transferable, limited right to access, view, use, display and print Content that we make accessible on this Site, for your personal, informational, noncommercial use only.
    3. Trade-marks: The names, words, titles, phrases, logos, designs, graphics, icons and trade- marks displayed on the Site are trade-marks of Federation CJA or third parties. While certain third-party trademarks may be used by Federation CJA under license, the display of such trade-marks on the Site does not imply any relationship or license between Federation CJA and the owner of the trade-mark, nor does it imply that Federation CJA either recommends or endorses the products, services or business processes of the said trade-mark's owner. Other trade-marks and trade names may also be used on this Site. The use or misuse of any trade-marks or any other Content on the Site except as provided in these Terms of Use is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade-mark without our prior written permission. Without limiting the generality of the foregoing, the following trade- marks are all trade-marks of Federation CJA:
      • CJA™
      • COMBINED JEWISH APPEAL™
      • FEDERATION CJA®
      • Federation CJA Women's Philanthropy®
      • Federation CJA Sepharade Philanthropy™
      • Federation CJA 360™
  4. Submitting Information to the Site
    1. The Site is not a secure means of communication. We are not under any obligation to keep confidential any information you supply to us, unless we have separately agreed to do so in writing. For that reason, you should not submit or send to us any patentable ideas or patent applications, advertising or marketing suggestions, prototypes or any information, written or oral, which you regard as confidential or commercially sensitive or valuable (collectively referred to as "Unwanted Submissions"). While we value your feedback, you agree not to submit any Unwanted Submissions. Any submission (including any Unwanted Submission) made to us is deemed, as between us, to be our property. By transmitting or posting any submission or other material to us, you agree that, subject to our Privacy Policy, we are entitled to use any such information in any manner we see fit (including reproduction, transmission, publication, broadcast, and posting on any media and anywhere in the world) on a free of charge basis. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such submissions, unless we have separately agreed to be subject to such obligations or be liable for such use and/or disclosure in writing.
    2. Where our Site enables you to communicate with us and/or other users of the Site, you may not use the Site to transmit harmful or offensive (e.g., violent, obscene, discriminatory, defamatory or otherwise illegal) communications or material which might otherwise bring us or the Site into disrepute. Although we reserve the right to monitor, edit, review or remove discussions, chats, postings, transmissions, bulletin boards and similar communications on the Site from time to time, we are under no obligation to do so and assume no responsibility or liability arising from any Content posted on the Site nor for any error, omission, infringement, defamatory statement, obscenity, or inaccuracy contained in any such information. Our right to use submissions or other material provided by you is non-exclusive, freely transferable and worldwide so you shall be entitled to use your own material yourself subject to applicable law.
    3. You represent and warrant that any Content you supply to us is and shall be your own original work and has been lawfully provided to us and that you have all necessary consents to provide this to us and that we shall be entitled to disclose your name with any such Content that we may choose to publish. You agree that you waive all moral rights you may have in any such Content but that any personal data you supply with your Content may, if we choose to do so, be used by us as described in our Privacy Statement.
  5. Accuracy of information and availability of the Site
    1. While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on this Site is at your own risk and we may suspend or terminate operation of the Site at any time at our sole discretion. Nothing in these Terms of Use shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Site is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites, which may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purpose.
    2. While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site's continued availability at all times or uninterrupted use by you of the Site.
  6. Hyperlinks and third party sites

    The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not constitute an endorsement of such third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
  7. Warranties and limitation of liability
    1. The Site is provided on an "as is" and "as available" basis. As stated above, except as otherwise expressly required by applicable law, we make no representations, warranties, conditions or other terms, whether express or implied, in relation to the provision of the Site, including without limitation as to completeness, accuracy and currency of any Content on the Site, or as to satisfactory quality, operability, functionality, merchantability, or fitness for a particular purpose.
    2. To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any error or inaccuracies in any Content, the unavailability of the Site for any reason, and any representation or statement made on the Site. Neither Federation CJA, nor its officers, directors, employees, agents, licensors and their respective successors and assigns will be liable for any damages of any kind incurred in connection with your use, misuse or reliance upon the Site, your inability to use the Site, the acts or omissions of any third party such as other users of the Site or any other direct, indirect or consequential loss or damage you may incur in relation to the Site and its Content. The foregoing limitations shall apply even if Federation CJA knew of or ought to have known of the possibility of harm or damages.
    3. Notwithstanding any other provision of these Terms of Use, we do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Site or for any other statutory rights which are not capable of being excluded.
  8. General
    1. These Terms of Use are dated as of December 16 2020  To the greatest extent permitted by applicable law, Federation CJA reserves the right, without notice to you, to change the content, services, presentation, performance, facilities and/or availability of any part of the Content or the Site, including without limitation these Terms of Use, in its sole discretion and from time to time. Our new Terms of Use will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any changes made by us. It is your responsibility to check these Terms of Use from time to time to determine the presence of any such changes.
    2. Unless otherwise expressly stated in these Terms of Use, all notices from you to us must be in writing and sent to our contact address at 1, Cummings Square (5151 Côte Ste. Catherine Rd.) Montréal, Québec H3W 1M6 and all notices from us to you will be displayed on our website from to time.
    3. We shall have no liability to you for any breach of these Terms of Use caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
    4. If any part of these Terms of Use is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these Terms of Use will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.
    5. These Terms of Use, together with the Privacy Policy and any other terms expressly referred to in these Terms of Use and incorporated by reference, contain the entire understanding and agreement between us and you in relation to your use of the Site and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
    6. Any consent by Federation CJA to, or waiver of, a breach of these Terms of Use shall not constitute a consent to, or waiver of any other, different or subsequent breach.
    7. You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Terms of Use to any other person.
    8. Any disagreement or dispute relating to these Terms of Use or arising out of its interpretation or application will be submitted to mediation. For this purpose, the parties hereto undertake to participate in at least one mediation meeting by delegating a person with decision-making authority to participate in the mediation; the mediator will be chosen by the parties. If no agreement is reached within thirty days following the appointment of the mediator, the dispute shall be finally settled by arbitration to the exclusion of the courts, in accordance with the laws of Quebec. The parties may at any time agree to a longer period of time for mediation before submitting the dispute to arbitration. Unless the parties decide otherwise in an arbitration agreement, the arbitration will be conducted under the aegis of a sole arbitrator and will be conducted in accordance with the provisions of the Code of Civil Procedure of Quebec in force at the time of the dispute. The arbitration shall be limited to a maximum of one day and will be held in the Judicial District of Montreal. The arbitration award shall be final, executory and without appeal and shall be binding on the parties.
    9. To the fullest extent allowed under applicable law, all matters relating to your access or use of this Site or these Terms of Use shall be governed by the laws of the Province of Quebec and the federal laws applicable therein, without regard to the rules of conflict of law.
    10. The parties acknowledge that they have required that these Terms of Use and all related documents be prepared in English. Les parties reconnaissent avoir exigé que la présente convention et tous les documents connexes soient rédigés en anglais.
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