Membership Terms
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Membership Terms
These End User Terms (this “ Agreement ”) are made by and between Shulcloud, LLC (“ Shulcloud ”, “ our ”, “ ours ”, “ us ”, or “ we ”), and you, the individual wishing to utilize our Services as an end user (“ you ”, “ your ”, or “ yours ”). Shulcloud and you may each be referred to as a “ Party ” and together as the “ Parties ”.
We offer our proprietary content management system named “ShulCloud™” and other features and functionality offered from time to time via the Internet for synagogues (the “ Services ”). A synagogue may then invite or otherwise permit end users to utilize our Services in connection with the synagogue’s activities.
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS HEREOF, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT, WE ARE NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE SERVICES AND YOU MUST NOT ACCESS OR USE THE SERVICES. IF YOU ACCESS OR USE THE SERVICES, YOU ACKNOWLEDGE THAT YOU MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT.
THIS AGREEMENT IS ENTERED INTO AS OF THE DATE YOU FIRST ACCESS OR USE THE SERVICES (THE “ EFFECTIVE DATE ”). THIS AGREEMENT IS SUBJECT TO CHANGE BY US WITHOUT PRIOR WRITTEN NOTICE AT ANY TIME, IN OUR SOLE DISCRETION. THE LATEST VERSION OF THIS AGREEMENT WILL BE POSTED ON OUR WEBSITE OR OTHERWISE DELIVERED TO YOU ELECTRONICALLY. YOUR CONTINUED USE OF THE SERVICES AFTER A POSTED CHANGE WILL CONSTITUTE YOUR ACCEPTANCE OF AND AGREEMENT TO SUCH CHANGES.
a. License Grant. During the term of this Agreement, Shulcloud hereby grants to you a non-exclusive, non-sublicensable, non-transferable, revokable, limited license to utilize the Services, solely as set forth in this Agreement.
b. Modification of Services. Shulcloud reserves the right to modify the Services, or any part thereof, from time to time, in accordance with this Agreement. Any modifications to the Services will continue to be governed by the terms and conditions in this Agreement.
c. Suspension of Your Access to the Services . Without limiting Shulcloud’ right to terminate this Agreement, Shulcloud may immediately and indefinitely suspend your access to the Services, including, without limitation, access to Your Data (as defined below), by providing notice to you, upon any actual, threatened, or suspected breach of this Agreement or any Applicable Law, or upon any other conduct deemed by Shulcloud in its sole discretion to be inappropriate or detrimental to the Services, Shulcloud, or any other Shulcloud end user or customer, until such breach or inappropriate conduct is cured by you. For purposes of this Agreement, “ Applicable Law ” means all laws, rules, regulations, rulings, decrees, directives, or other requirements of any governmental authority, and all current industry self-regulatory principles that (a) apply to the Services; (b) relate to Shulcloud’s or your rights and obligations under this Agreement, as may be amended or otherwise revised; or (c) apply to the collection, processing, and storage of Personal Data (as defined below) including, but not limited to, Data Protection Laws (as defined in the DPA).
a. Your Account. Once invited by a synagogue, you will be granted access to the Services through your own unique account (“Your Account”). You expressly agree that you will not allow any use of or access to the Services by anyone other than yourself, and any such use or access will be consistent with the terms, conditions, and restrictions set forth in this Agreement.
b. User IDs. You will be provided with or will create a user identification and will select a password (each such user identification and password, a “ User ID ”). Each User ID is personal in nature and may be used only by you alone. You are solely responsible for (i) all use of the Services through Your Account, and (ii) any actions through Your Account. You will use best efforts to protect the security and confidentiality of your User ID. You will notify Shulcloud immediately if your User ID is lost, stolen, or otherwise compromised, or of any other unauthorized use of or access to Your Account. You acknowledge that you are fully responsible for all purchases, donations, losses, damages, liabilities, penalties, costs, and expenses incurred, and all electronic information transferred, stored, modified, communicated, or shared through, use of your User ID (whether lawful or unlawful) and Your Account.
c. Purchases . By providing your debit card, credit card, or other method of payment, and making a purchase or donation through the Services, you hereby authorize us to charge the payment method on file for such purchase or donation. As between you and your synagogue, any dispute regarding any purchase from or donation to your synagogue shall be resolved between you and your synagogue.
a. Definitions. For purposes of this Agreement:
i. “ Personal Data ” has the meaning set forth in the DPA.
ii. “ Your Data ” means all electronic information transferred, stored, modified, communicated, or shared through (i) Your Account, (ii) your use of, or access to, the Services, or (iii) otherwise provided to or accessed by Shulcloud for the purposes set forth under this Agreement; in each case, including any Personal Data.
b. License; Title and Non-Infringement.
i. License. For the term of this Agreement, you hereby grant to Shulcloud a non-exclusive, non-sublicensable, non-transferable, revokable, limited license in and to Your Data, for the sole purpose of Shulcloud providing Services under this Agreement. As between you and Shulcloud, you own and retain all of your rights in and to Your Data, and you do not convey any proprietary interest therein to Shulcloud other than the licenses set forth herein.
ii. Title and Non-Infringement. You represent and warrant to Shulcloud that (i) you have all necessary right, title, interest, authorization, and consent necessary to allow Shulcloud to access and use Your Data for the purposes for which you provide Your Data to Shulcloud hereunder, including the transfer, storage, modification, communication, and processing of Your Data, and (ii) that all Your Data was lawfully acquired and its use hereunder does not and will not constitute an infringement, violation, or misappropriation of the rights of any third-party, including, without limitation, intellectual property rights.