Terms of Service

The MitzvahChic.com website (“the Site”) is maintained by MitzvahChic, LLC. Our mailing address is P.O. Box 30144, Elkins Park, PA 19027 and our website address is http://www.MitzvahChic.com. The Site presents ideas, information, products and services. You use the Site and its content at your own risk and discretion. If you do not agree to this and all other terms and conditions set forth here, please don’t use this website. Continuing to use this website means that you agree to these terms and conditions. We reserve the right to make changes to this Site and these terms and conditions at any time and you agree to be bound by such changes or updates. You should periodically visit this Site to determine whether or not these terms and conditions have changed.

Disclaimer

All material on the site, without limitation, is provided on an “as is” basis with no warranty. MitzvahChic, LLC disclaims all representations and warranties, express or implied, with respect to all information, services, products and materials accessible on MitzvahChic.com, including but not limited to warranties of merchantability, fitness for a particular purpose, title, freedom from computer virus, and non-infringement. MitzvahChic, LLC does not represent or warrant that the information on the site is accurate, current or complete, or that the site will meet your requirements or be uninterrupted, timely, secure or error-free. You understand and agree that any material downloaded from the site or obtained through the use of the site is done at your own risk and discretion and you will be solely responsible for any damage to your computer system or loss of data that results.Except as provided by applicable laws, neither MitzvahChic, LLC nor its owners, officers, employees, directors, agents, contractors, affiliates, subsidiaries, successors, licensors or assigns of each, shall be liable for any damage whatsoever arising out of or related to the use of this site or any other website linked to this site.

Your account, password and security

You are responsible for maintaining the confidentiality of your username and password, and you are solely responsible for all activities that occur under your username and password. We recommend that you memorize this information, and not write it down. You agree to immediately notify us of any unauthorized use of your username and password or any other breach of security related to the Site. WE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USERNAME AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION.

Copyrights and trademarks

All material on the Site (collectively herein called “Content”) – such as text, graphics, images, logos and software – are subject to trademark, service mark, trade dress, copyright and or other proprietary or intellectual property rights or licenses held by MitzvahChic, LLC or its suppliers. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from this website is strictly prohibited.

We intend no infringement of any text or graphic copyright. If you own the copyright to any image or document used on this website, please contact the Webmaster with all pertinent info so that proper credit can be given. If you wish to have it removed from the Site, it will be removed ASAP.

External sites

We list several website links as a convenience to our visitors. We take no responsibility and give no guarantees, warranties or representations, implied or otherwise, for the accuracy or content of these external sites. We shall not be liable or responsible for any loss or damage incurred as the result of any dealings with these external sites. You should contact the site administrator or webmaster for these external sites if you have any concerns regarding such links or the content of such external sites.

Privacy Policy

Your privacy is important to us. We will not sell or give away your name, mailing address, telephone number, email address, credit card information or any other personally-identifiable information to anyone. We will use state-of-the-art security measures to keep unauthorized persons from accessing your information.

Credit Card Security

Our credit card transactions are processed by Practice Pay Solutions which guarantees that your online transactions on MitzvahChic.com will be 100% safe and secure. All transactions are performed utilizing a secure server software SSL, which encrypts your personal information before it’s sent over the Internet. This is one of the safest encryption technologies available. You are further protected by the Fair Credit Billing Act, which provides that your bank cannot hold you liable for more than $50.00 in fraudulent charges resulting from unauthorized use of your credit card.

If your bank does hold you liable for any of this $50.00, Practice Pay Solutions is solely responsible for this or any other liability arising from the fraudulent or unauthorized use of your credit card providing the fraud or unauthorized use resulted through no fault of your own and from purchases made from MitzvahChic.com over Practice Pay’s secure server. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.

Submissions and Licenses

Except for the information covered by the privacy policy – any information, materials, suggestions, ideas or comments such as personal anecdotes, photographs, questions for “Ask Gail”, bar mitzvah / bat mitzvah service and party dates and times, and message board postings sent to MitzvahChic.com will be deemed non-confidential. By submitting or sending material to the Site you represent and warrant that (1) the material is original to you, (2) no other party has any rights to the material, and (3) the material is not subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we shall not be liable for any use or disclosure of any material. You also warrant that any “moral rights” in posted materials have been waived. And, by submitting such materials and information, you are granting MitzvahChic, LLC a worldwide, perpetual, irrevocable, royalty-free, sublicenseable right, in any media currently known, to exercise all copyright rights with respect to the content you provide to us. However, we will not use your name in connection with any use unless we first obtain your permission or otherwise are required by law to do so.

Calendar

The Site includes a scheduling calendar where visitors post the date and time of their child’s service and celebration. For reasons of personal security, no information is collected or posted that identifies the location – other than the hometown – of the family home, the service or the party. Visitors who wish to view calendar information cannot do so without first registering their own information. This is done to limit access to calendar information to those with a legitimate need to know. Still, we cannot prevent visitors from creating fraudulent registrations in order to view calendar information, nor guarantee that no unauthorized person will access the calendar listings. Visitors who wish to view your child’s gift registry information must answer a security question of your choice to demonstrate their familiarity with your family. Again, we cannot guarantee that this will prevent all persons you do not wish to authorize from accessing this registry information. If you are concerned that your listings may be viewed by someone you do not wish to authorize, do not create a calendar or gift registry listing.

Termination

You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or use of the Site and its content, and remove or discard any information posted by you on the Site, for any reason including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that we may terminate your access to the Site, or deactivate or delete your account and all related information in your files without prior notice and that we shall not be liable to you or any third party for terminating your access to the site. You may discontinue your participation in the Site at any time.

Indemnification

You agree to defend, indemnify, and hold harmless MitzvahChic, LLC, its affiliates, third party service providers, and their respective directors, officers, employees, owners, licensors, licensees, and agents from and against all claims, damages, losses, costs and expenses, including reasonable attorneys' fees, arising out of a breach of these Terms of Service by you and/or your activities in connection with the Site or any services related to the Site. We may participate in the defense of any claim at its own cost. You shall not settle any claim that affects us without our prior written approval.

Miscellaneous

These Terms and any operating rules for the Site established by us constitute the entire and exclusive and final statement of the agreement between you and us with respect to the use of the Site. These Terms of Service and the relationship between you and us will be governed by the laws of the State of Pennsylvania notwithstanding your actual place of residence. All lawsuits arising out of the Terms or out of your use of the Site shall be brought in the federal or state courts located in Pennsylvania. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of these Terms of Service is found to be unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in the Terms of Service are for convenience only and shall not be given any legal import.

MitzvahChic, LLC reserves the right to charge fees, surcharges and/or membership fees at any time upon thirty (30) days’ prior written notice to you.

Message Board

By entering and participating in the “Swap Info” Message Board (“Message Board”) you agree to the following terms and conditions of participation. These terms and conditions are contractually binding upon you and you agree to each of them.

1. You enter and participate in the Message Board and gain access to the materials contained thereon at your own risk.

2. We do not monitor or screen communications on the Message Board and we are not responsible for any material that any Message Board participant posts and we do not assume the responsibility to do so.

3. We do not make any representations or warranties as to the truth or accuracy of any statement made or materials posted on or through the Message Board. You agree and acknowledge that you assume the risk of any actions you take in reliance upon the information that may be contained in the Message Board.

4. We do not endorse or lend any credence for any statements that are made by any participant in the Message Board.

5. You are fully responsible for your own statements and materials that you post in the Message Board and any consequences, whether or not foreseen, to any party who may rely upon these statements. You agree that you will not take any action directed towards attempting to hold us responsible for any such materials or statements.

6. Any opinions or views expressed by Message Board participants are their own. We do not endorse or support or otherwise give any credence or reason for reliance on any such statements or opinions.

7. In the event that we are notified by any party that any communications contained in the Message Board or any parties’ participation in the Message Board is contrary to these terms of Message Board access, we may, but are not obligated to, investigate the situation and determine in our own discretion, whether to remove such communication from the Message Board. We have no liability or responsibility to investigate or remove any content from the Message Board based upon a complaint or otherwise.

8. As a participant in the Message Board, you agree that we may remove any materials from the Message Board for any reason, in our sole discretion, or for no reason at all. This includes material which is disruptive, abusive, offensive, illegal, vulgar, pornographic, or any other material. You hold us harmless from and against any damage you or others may suffer as a result of our removal of any content from the Message Board or from the discontinuance of the Message Board at any time.

9. We have the right to remove, expel, or disqualify any party from participation and access to the Message Board for any time and for any reason, or for no reason whatsoever, in our sole and absolute discretion. This includes, but is not limited to any violation of this agreement, disruptive behavior, complaints from other parties, any allegedly illegal activity, or for any other reason or for no reason at all.

10. We reserve the right to terminate the Message Board at any time and all users hold us harmless from and against any claims, damages, suits, threats, demands, liabilities, actions, causes of action, or injuries that may result therefrom, including but not limited to any consequential, incidental, and special damages of every nature and type.

11. You agree that you will not (i) use the Message Board for any illegal purpose, (ii) place any material in the Message Board that violates the copyrights, trademarks, trade secrets, confidential information or other rights of any other party, (iii) place any material in the Message Board that contains a false statement about any person, infringes upon the privacy rights of any other person, or threatens, harasses, abuses or embarrasses any other person, (iv) place any obscene, pornographic, sexually explicit or violent materials, graphics, photographs, text or otherwise in the Message Board, (v) place any advertising, attempted business solicitation, marketing materials or sales promotional materials in the Message Board, (vi) pretend to be another person that you are not, (vii) place materials in the Message Board that are disruptive or off-topic.

12. By accessing the Message Board and placing any information in the Message Board, you hereby grant us a perpetual, irrevocable, royalty free license in and to such materials, including but not limited to the right to post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, change, display and publicly perform such materials in any form or media, whether now known or later discovered.

13. You grant to others who access the Message Board a perpetual, non-revocable, royalty free license to view, download, store and reproduce your postings but such license is limited to the personal use and enjoyment of such other party accessing the Message Board.