MENORAH HOUSING FOUNDATION WEBSITE TERMS OF SERVICE
These Terms of Service (these “Terms” or this “Agreement”) apply to persons or entities who access the Menorah Housing Foundation websites(s), and/or any related downloadable mobile applications (collectively, the “Site”), including without limitation residents and potential residents (collectively, with all persons or entities who access the Site, “Users”, “you” or “your”).
The Site is owned and operated by Menorah Housing Foundation, a California 501(c)(3) corporation located at 10991 W. Pico Blvd. Los Angeles, CA 90064, (collectively, with its subsidiaries and affiliates, “we”, “us” or “our”), which provides certain online property management services for applicants and residents of subsidized housing for adults aged 62 or above (the “Services”). Throughout these Terms, all references to the Site and to “Menorah Housing Foundation” shall include the websites of affiliates and subsidiaries of Menorah Housing Foundation that are involved with the operation of the Site or the provision of the Services.
IMPORTANT – PLEASE READ CAREFULLY. THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND MENORAH HOUSING FOUNDATION. THIS AGREEMENT, ALONG WITH ANY OTHER TERMS THAT MAY BE POSTED ON THE SITE WITH RESPECT TO THE SERVICES, AND ANY OTHER WRITTEN AGREEMENTS OR CONTRACTS BETWEEN YOU AND MENORAH HOUSING FOUNDATION RELATED TO THE SERVICES AND/OR INCORPORATE THESE TERMS BY REFERENCE, SET FORTH THE COMPLETE TERMS AND CONDITIONS UNDER WHICH YOU MAY ACCESS AND USE THE SITE AND THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SITE OR THE SERVICES.
1. YOUR ACCEPTANCE. BY USING THE SITE, YOU EXPRESSLY ACCEPT AND CONSENT TO THESE TERMS. MENORAH HOUSING FOUNDATION MAY AMEND THESE TERMS FROM TIME TO TIME. SHOULD THESE TERMS BE MODIFIED IN ANY WAY, THE NEW TERMS WILL BE POSTED TO THE SITE. BY USING THE SITE AFTER THE EFFECTIVE DATE OF ANY SUCH MODIFICATION TO THESE TERMS, YOU EXPRESSLY CONSENT TO SUCH MODIFIED TERMS.
2. ACCESS TO AND USE OF THE SITE.
2.1 Menorah Housing Foundation provides you with certain information and functionality in order to access and use the Services through the Site. You are solely responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, and any telephone, wireless, or other connection and service fees associated with such access.
2.2 Menorah Housing Foundation has the right, but not the obligation, to take any of the following actions without providing any prior notice to you (except as may be otherwise explicitly provided in a property rental agreement between you and Menorah Housing Foundation): (a) change or terminate all or any part of the Site or the Services; (b) restrict or terminate your access to all or any part of the Site or the Services; or (c) refuse, move, or remove any content that is available on the Site and any information that you submit via the Site.
2.3 Subject to your compliance with these Terms, Menorah Housing Foundation hereby grants you permission to access and use the Site and the Services, provided that you shall not (and shall not allow any third party to): (a) engage in commercial use of the Site or any content on the Site; (b) reproduce, copy, display, store, perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, create derivative works, or otherwise use any portion of the content offered on the Site for other than your own personal, non-commercial use; (c) remove any copyright, trademark or other proprietary rights notices contained in or on the Site or Service or in or on any content or other material obtained via the Site or the Services; (d) use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the Site or the Services; (e) collect or harvest any information about other users or members (including usernames and/or email addresses) for any purpose; (f) reformat or frame any portion of the web pages that are part of the Site or the Services; (g) create user accounts by automated means or under false, misleading, or fraudulent pretenses; (h) create or transmit unwanted electronic communications such as “spam” to other users of the Site or the Services or otherwise interfere with other users’ enjoyment of the Site or the Services; (i) transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature; (j) use the Site or the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, including any material that may be deemed threatening or obscene; (k) copy or modify the HTML code used to generate web pages on the Site; (l) use any device, software, or procedure that interferes with the proper working of the Site or the Services, or otherwise attempt to interfere with the proper working of the Site or the Services; (m) take any action that imposes, or may impose in Menorah Housing Foundation’s sole discretion, an unreasonable or disproportionately large load on Menorah Housing Foundation’s information technology (IT) infrastructure; (n) modify or reverse engineer any portion of the Site or the Services; or (o) use the Site or the Services, intentionally or unintentionally, to violate any applicable international, national, federal, state, or local law or regulation, including, but not limited to, Fair Housing laws and regulations.
3. MODIFICATIONS. Menorah Housing Foundation may modify or update these Terms from time to time, in its sole discretion, and reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Site or any part thereof, or any or all of the Services, or any Site features, with or without notice and without liability to you, except as may be explicitly provided otherwise in a property rental agreement between you and Menorah Housing Foundation. You agree that we have no responsibility or liability for the failure of the Site and the deletion of other content maintained or transmitted by the Site. You further agree that Menorah Housing Foundation shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. Modifications to these Terms will be posted on the relevant area of the Site and will be effective immediately upon such posting. You can review the most current version of the Terms at any time by clicking on the Terms of Service link located on webpages throughout the Site. You agree to review the Terms from time to time to ensure you are updated as to any modifications. By continuing to use the Site or Services following any such modification, you accept and agree to be bound by such modifications. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE AND EXCLUSIVE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES.
4. ACCOUNT REGISTRATION AND USE. In order to use certain features of the Site or the Services, you may have to register and create a password-protected account (“Your Account”).
4.1 Your Account. You agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. Menorah Housing Foundation reserves the right to delete Your Account and refuse any and all current or future use of the Site (or any portion thereof) without notice if you are found to have misrepresented your age, identity, or any other information submitted in connection with Your Account or if we reasonably believe that such information is untrue, inaccurate, incomplete, or not current. You are responsible for maintaining the confidentiality of the password associated with Your Account, and are fully responsible for all activities that occur under Your Account. You agree to: (i) immediately notify us of any unauthorized use of your password or Your Account, or any other breach of security, (ii) immediately change your password if you become aware that Your Account has been compromised, and (iii) ensure that you fully exit from Your Account at the end of each session. You agree and acknowledge that you will not allow others to utilize Your Account and that you will not disclose the password for Your Account to anyone not specifically authorized to access Your Account on your behalf (for instance, a spouse or other family member who may submit repair requests for your household). You further agree not to use anyone else’s account or password on the Site or attempt to gain access to the account of any other user. MENORAH HOUSING FOUNDATION SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
5. MENORAH HOUSING FOUNDATION’S RIGHTS. You acknowledge that Menorah Housing Foundation has the right to investigate and prosecute violations of these Terms, including intellectual property, publicity, and privacy rights infringement and Site security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the Site or the Services, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.
6. THIRD-PARTY LINKS, PRODUCTS, AND SERVICES. The Site may contain links to third-party websites or resources (“Third-Party Services”), including but not limited to sites to process property rental payments and donations to support Menorah Housing Foundation’s charitable mission. Access to Third-Party Services are included solely for the convenience of Users, and you acknowledge and agree that Menorah Housing Foundation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such Third-Party Services. By leaving the Site, you may be subject to the terms and conditions and the privacy policies or other terms and conditions of such Third-Party Services.
7. OWNERSHIP. You acknowledge and agree that the Site and the Services incorporate and/or implement content, information and proprietary and confidential technology owned by or licensed to Menorah Housing Foundation, and protected by applicable intellectual property and other laws and international treaties (collectively, “Content”). The Content displayed on or through the Site and Services includes, without limitation, information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials is copyrighted by Menorah Housing Foundation and protected under United States and/or international copyright laws. Menorah Housing Foundation reserves all such rights for itself and on behalf of its affiliates, as applicable. You agree not to reproduce, copy, display, store, perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, create derivative works, or otherwise use or exploit for any commercial purposes any Content, the Site or access to the Site in any way without the prior written permission of Menorah Housing Foundation. The Menorah Housing Foundation name, the Menorah Housing Foundation logo, and all other registered and unregistered trademarks used in connection with the Site and the Services (the “Marks”) are trademarks, trade names, or service marks of Menorah Housing Foundation unless otherwise indicated. You are not authorized to use or display the Marks without the prior express written permission of Menorah Housing Foundation. Ownership of all Marks and the goodwill associated therewith remains with Menorah Housing Foundation. All other trademarks are the property of their respective owners.
8. INDEMNITY. You agree to indemnify, defend, and hold harmless Menorah Housing Foundation and its officers, directors, employees, shareholders, successors, agents, affiliates, subsidiaries, and relevant third parties including advertisers, distribution partners, referral partners, service providers, licensors, licensees, consultants and contractors (collectively the “Indemnified Parties”) from and against any claims, liabilities, losses, costs, damages, or expenses including reasonable attorneys’ fees and costs, directly or indirectly arising out of or in any way relating to your negligence or misconduct associated with Your Account or any violation or breach of these Terms (collectively, the “Claims”). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages, or expenses resulting from the foregoing to both a third party and to the Indemnified Parties. Menorah Housing Foundation shall have the right, in its sole discretion, to select its own legal counsel to defend Menorah Housing Foundation from any Claims (but by doing so shall not excuse your indemnity obligations) and you shall be solely responsible for the payment of all of Menorah Housing Foundation’s reasonable attorneys’ fees incurred in connection therewith. You shall not, without the prior written approval of Menorah Housing Foundation, endeavor or purport to settle, dispose, or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for Menorah Housing Foundation.
9. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE:
9.1 YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES AND ALL OTHER MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. WITH RESPECT TO THE SITE AND INFORMATION AND MATERIAL IN THE SITE, MENORAH HOUSING FOUNDATION EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
9.2 MENORAH HOUSING FOUNDATION MAKES NO REPRESENTATION OR WARRANTY: (A) REGARDING THE SECURITY, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, AND PERFORMANCE OF THE SITE OR THE SERVICES; (B) THAT THE SITE OR THE SERVICES, OR ANY INFORMATION AND MATERIALS THEREIN, WILL MEET YOUR REQUIREMENTS; (C) THAT THE SITE OR THE SERVICES, OR ANY FUNCTIONS CONTAINED IN THE SITE, WILL BE ERROR-FREE, SECURE, TIMELY, OR UNINTERRUPTED; (D) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (E) THAT ANY ERRORS IN THE SITE OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED; OR (F) THAT THE SITE AND ITS CONTENTS AND SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
9.3 ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
9.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MENORAH HOUSING FOUNDATION OR FROM YOUR USE OF THE SITE OR SERVICES, SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS OR WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY.
10.1 MENORAH HOUSING FOUNDATION AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, SUCCESSORS, AGENTS, AFFILIATES, SUBSIDIARIES AND RELEVANT THIRD PARTIES INCLUDING ADVERTISERS, DISTRIBUTION PARTNERS, REFERRAL PARTNERS, SERVICE PROVIDERS, LICENSORS, LICENSEES, CONSULTANTS AND CONTRACTORS (COLLECTIVELY THE “ENTITIES”) WILL NOT BE LIABLE FOR:
(A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING FOR LOSS OF USE, DATA, OR PROFITS, COST OF PROCURING SUBSTITUTE PRODUCTS, OR BUSINESS INTERRUPTION), WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, YOUR ACCESS AND USE OF OR INABILITY TO ACCESS OR USE THE SITE AND/OR THE SERVICES, ANY MATERIALS AVAILABLE TO YOU FROM OR THROUGH THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT ANY MENORAH HOUSING FOUNDATION PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
(B) THE CONTENTS OF ANY COMMUNICATION, MESSAGE, OR INFORMATION POSTED BY YOU OR THIRD PARTIES;
(C) THE CONTENT OF ANY WEBSITE OR THIRD-PARTY SERVICES NOT CONTROLLED, OWNED, OR OPERATED BY MENORAH HOUSING FOUNDATION THAT IS ACCESSED FROM OR LINKED TO THIS SITE; AND/OR
(D) ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.
10.2 You acknowledge that the limitations set forth above are an essential basis of the bargain and of the allocation of risks between the parties. Some states or 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 you. If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue use of the Site and Services.
11. TERMINATION. You agree that Menorah Housing Foundation, in our sole discretion and with or without notice, may (except to the extent otherwise explicitly provided otherwise in a property rental agreement between you and Menorah Housing Foundation) terminate your use of the Site or any part thereof, or any or all of the Services, for any reason, including without limitation, for lack of use by you, or if Menorah Housing Foundation reasonably believes that you have violated or acted inconsistently with these Terms. Menorah Housing Foundation may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, or any or all of the Services with or without notice. You agree that any termination of your access to the Site under any provision of the Terms may be effected without prior notice, and acknowledge and agree that Menorah Housing Foundation may immediately bar any further access to the Site. Further, you agree that Menorah Housing Foundation shall not be liable to you or any third party for any termination of your access to the Site or the Services.
12.1 Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of California applicable to agreements made entirely within such state, without regard to the conflict of laws provisions thereof. The parties hereby consent to the exclusive jurisdiction and venue in any federal or state court of competent jurisdiction located in County of Los Angeles (California).
12.2 Assignment. You may not assign or transfer this Agreement, in whole or in part, without the prior written consent of Menorah Housing Foundation, which may be granted or withheld by us in our sole discretion. Any attempted assignment in violation of this Section will be null and void and of no force or effect. Menorah Housing Foundation may assign this Agreement freely at any time without notice. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party’s permitted successors and assigns.
12.3 Waiver. The failure to exercise or enforce any right or provision of these Terms shall not affect Menorah Housing Foundation’s right to exercise or enforce such right or provision at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
12.4 Severability. If any portion of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and, notwithstanding such finding, the remaining provisions of these Terms shall remain in full force and effect.
12.5 Entire Agreement. These Terms, the terms incorporated herein, and any other terms agreed to in writing by the parties or by way of your use of the Site or the Services shall constitute the entire and exclusive understanding and agreement between you and Menorah Housing Foundation regarding this subject matter, and shall supersede any and all prior or contemporaneous representations or understandings relating to this subject matter.