And these words, which I command thee this day, shall be upon thy heart;
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Torah4Community Terms and Conditions
Thank you for joining Torah4CommunityTM ("T4C") an online system that allows you to study the Bible in the original Hebrew, multiple translations, review related text, and share thoughts on the text among other features.
We ask that you review these Torah4Community Terms and Conditions ("Agreement"). They will constitute the binding agreement between you and In the Original Tongue, LLC, a Maryland limited liability company ("IOTA," "we," "our," or "us") with respect to T4C. We ask that you confirm that agreement by clicking "I AGREE." If you do not agree to this Agreement, please do not indicate acceptance of this Agreement and do not use T4C.
Grant of License - T4C is protected by copyright, trade secret, and other intellectual property laws. You are only granted the limited license to use T4C. All other rights are reserved to IOTA.
Direct Access Only - You agree that you will access T4C only via direct use and not via an intermediary interface or program, e.g., "bot," "web crawler" or the like, nor will you develop such an interface or program. You further agree that you will access T4C solely for the purposes for which it was intended. You agree to not seek to hack into T4C or other data access not presented in the ordinary course of your use of T4C.
Right to Monitor - IOTA will have the right to monitor your usage of T4C and reserves the right to suspend your access if it has reasonable cause to suspect that a breach of this Agreement has taken place or if you are using T4C in a manner likely to be or cause a breach of this Agreement. IOTA agrees to communicate with you in such event.
Access to T4C - Only you are authorized to use your user identification and password. You are responsible for ensuring the confidentiality of that user identification and password.
System Availability - You acknowledge that T4C may be unavailable from time to time for maintenance, modification, or due to a force majeure and that such unavailability will not constitute a breach hereof and no refund will be due as a result thereof.
Payment - Payments must be made in U.S. dollars. Payment may be made via credit card only and only using those cards presented as options by T4C. All sales are final.
Privacy - Subject to applicable law and as otherwise required to enforce this Agreement or to defend any action under it, IOTA agrees to maintain all information that you provide to it, including via T4C or otherwise in confidence. IOTA makes no warranty with regard to the security of the connection between you and T4C nor the electronic mail system via which you receive e-mail (including the path via the Internet thereto).
Technology and Know-How - All rights to any proprietary technology and know-how of IOTA relating to T4C or otherwise (collectively, the "Technology") are reserved exclusively to IOTA and its parent company and you acknowledge that you are not entitled to and will not seek to review, discover (including via discovery in the course of a dispute hereunder), or audit, the Technology directly or indirectly, including via a third party.
DISCLAIMER OF WARRANTIES - YOUR USE OF T4C IS WHOLLY AT YOUR RISK. T4C IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IOTA, ITS SERVICE AND DATA PROVIDERS, LICENSORS, DISTRIBUTORS AND SUPPLIERS (COLLECTIVELY REFERRED TO AS, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING: ANY WARRANTY THAT T4C IS FIT FOR A PARTICULAR PURPOSE, MERCHANTABILITY, THAT NO DATA LOSS WILL OCCUR, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, AND THE ACCURACY, RELIABILITY, QUALITY OR CONTENT THEREOF. IOTA AND ITS SUPPLIERS DO NOT WARRANT THAT T4C IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, OR ERROR. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU AS A MATTER OF LAW, TO THE EXTENT THAT SUCH WARRANTIES DO APPLY, THEY WILL SURVIVE ONLY SIXTY (60) DAYS FROM THE DATE THAT YOU FIRST USE T4C.
Limit of Liability - The absolute limit of IOTA's aggregate liability and your sole remedy in respect of all claims made against IOTA arising out of or in connection with this Agreement or T4C will be damages not exceeding the amount of the fees you have paid for the year in which the claim arose. IOTA will not be liable for any special, indirect or consequential loss you may suffer, even if informed of the possibility of such damages. IOTA will not be liable to you for any penalties, fines, interest, loss of profits, loss of business, loss of data, loss of contracts, loss of savings, loss of use or any other economic loss. In no event whatsoever will you have any claim against IOTA's directors, officers, agents and employees and such parties will be intended third party beneficiaries of this sentence and each will be entitled to the benefits hereof due to IOTA in any action brought in breach of the foregoing.
Indemnity - You agree to fully indemnify IOTA, its parent company, and their respective directors, officers, employees, agents and contractors and will keep IOTA fully indemnified on a continuing basis against all loss, damage, claims, costs and expenses (including all legal expenses) suffered by IOTA arising out of, or in connection with, your breach of this Agreement.
Ideas - IOTA may freely use feedback and ideas that you may provide to use without any expectation whatsoever of remuneration, credit or royalty.
Advertising - In the course of your use of T4C we may advise you regarding the availability of other of our products and/or products of third parties. We may do the same via electronic mail, but most such e-mails will include an offer allowing you elect to not receive further e-mails except for those with regard to your T4C account. If you decide to use any other of IOTA's or third parties' good and/or services, additional terms and conditions and separate fees may apply.
No Third Party Liability - The third parties via whose websites you access T4C will have no liability whatsoever for T4C or otherwise arising in connection with your use of T4C or under this Agreement. Such third parties are intended third party beneficiaries of this provision.
Choice of Law - This Agreement will be governed in all respects by the laws of the State of Maryland, without regard to the conflicts of laws rules thereof. It is agreed that IOTA will be permitted to not provide T4C to the extent doing so would violate any law applicable to IOTA and that IOTA will have no duty to obtain any license that would allow such prohibition to not apply.
Choice of Venue - The parties further agree that they consent to the exclusive jurisdiction of the Courts of Maryland or the federal courts located within the District of Maryland and the courts of appeal therefrom and waive any claim of lack of jurisdiction or forum non conveniens. It is acknowledged and agreed that a judgment of the foregoing court may be enforced in any court of competent jurisdiction.
Cost of Dispute - In the event of litigation hereunder, the prevailing party will be entitled to reimbursement of its costs by the losing party as determined by the applicable court.
Waiver of Jury Trial - Each party irrevocably waives all right to trial by jury in any action, proceeding or counterclaim arising out of or in connection with this Agreement or any matter arising hereunder.
Improper Forum - You agree that if you or your agent bring any matter against IOTA in breach hereof, e.g., in a forum other than those specified, IOTA will be entitled to summary dismissal and an award by the otherwise improper court or the adjudicator in the correct forum of its costs for obtaining that dismissal, including attorney's fees, costs of travel and court costs and will be entitle to an advance toward those expenses and reimbursement on a continuing basis.
Translation - Any translation of this Agreement is done for convenience only. The English version of this Agreement will be the binding version. This agreement has been drafted in English at the express request of both Parties. Cette accord a été rédigé en anglais à la demande expresse des deux Parties.
Assignment - You may not assign or transfer this Agreement to anyone without the prior written approval of IOTA and any purported assignment in breach of the foregoing will be void. IOTA may assign or transfer this Agreement without your consent to (a) a parent company or IOTA's direct or indirect subsidiary, (b) another company through a sale of assets by IOTA or (c) a successor by merger.
Changes to T4C - We reserve the right to change T4C from time to time, including the applicable pricing.
Titles - Titles and subheadings contained herein are inserted only as a matter of convenience and for reference. Such titles in no way define, limit, or describe the scope or extent of any provision of this Agreement.
Whole Agreement / Changes to Terms - This Agreement sets forth the entire agreement between IOTA and you relating to the subject matter hereof. We reserve the right to change this Agreement from time to time, and the changes will be effective when posted on T4C or when we notify you by other means.
Address - IOTA's address for notice hereunder is: In the Original Tongue, LLC, Attn: President, 7636 SW Capitol Hill Rd, Portland, OR 97219, U.S.A.