Birthright Israel Store
Terms of Service
Effective Date: 05/25/2017
PLEASE CAREFULLY READ THESE TERMS OF SERVICE (“TERMS”). BY USING THIS BIRTHRIGHT ISRAEL STORE SITE (THE “SITE”) YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SITE OR CLICK TO INDICATE THAT YOU AGREE TO THESE TERMS WHEN MAKING A PURCHASE VIA THE SITE. THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE REVIEW SECTION 17.
These Terms are a legal agreement between Birthright Israel North America (“Birthright Israel,” “our,” “us,” and “we”) and you (also referred to as “your”) that governs your use of the Site as well as all purchases made via the Site.
1. Products and Pricing – The Site offers a variety of Birthright Israel-branded Products (“Products”) for purchase. All Products listed on the Site are subject to change, as is Product information, pricing, and availability. In the event a Product is listed at an incorrect price or with incorrect information, we shall have the right, prior to the acceptance of your order (as described below), to decline or cancel any such orders, whether or not the order has been confirmed and/or charged. If have already been charged for the order and we cancel your order, we will issue you a credit in the amount of the charge.
1.1. Order Limits – Based on the supply and availability of specific may items, we may limit the total number of such item that may be order by an individual at any one time.
2.1. Payments – When placing an order, you permit Birthright Israel to charge you the total amount of your order (including shipping charges and taxes). You will be solely responsible for payment of all taxes, fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase, even if these are not already withheld by Birthright Israel at the time of purchase. Unless otherwise noted herein, all payments are non-refundable.
2.2. Shipping Costs and Taxes – The prices displayed on the Site do not include any shipping charges or taxes. Shipping charges and taxes are only calculated upon checkout. All prices displayed on the Site are subject to change at any time without notice. We may also provide promotional offers or prices. If so, any terms applicable to such promotional offers or prices will control in the event of a conflict with these Terms.
2.3. Orders – When you place an order, we will send you an email which will include details of your order and an order number that you should refer to if you have any follow-up questions. Questions about your order can be directed to [email protected] However, your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or cancel your order (in whole or in part) for any reason. For example, we may decline or cancel your order if we discontinue a Product after you have placed your order or if we have run out of a Product’s supply after you have placed your order. We may require additional verifications or information before accepting any order. Your order is not accepted until it is shipped (or a portion of the order is shipped). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is that we: (a) issue a credit to you, via the payment method you have selected, in the amount charged for the cancelled portion; or (b) not charge you for the cancelled portion of the order. Birthright Israel reserves the right to reject or cancel your order for any reason.
3. Delivery – Any delivery dates or times noted in connection with your order are estimates only and are not guaranteed. We may not be able to deliver to all locations. We reserve the right to send your order in installments. If we cannot ship to the address you provided, you will be sent a notice and you will not be charged for your order. If an order cannot be successfully delivered because you have provided incorrect or incomplete delivery information, or for any other reason related to your error, you will not receive a refund; rather, the order will be returned to us and prepared for re-shipment to you. In that case, we will communicate with you in an effort to obtain the correct shipping information and re-ship the order to you. For all re-shipped orders, you will remain responsible for both the original shipping fees as well as any fees associated with re-shipping the order. To the extent we are unable to confirm correct shipping information from you within five (5) business days after contacting you about a shipping error caused by you, we will cancel the order and you will not receive a refund. If an order is not successfully delivered because we made a mistake, we will re-ship the order to you at our expense. If you do not receive your order, please contact us at [email protected] Legal title to, right of possession, and risk of loss or damage to or destruction of the Products purchased shall transfer to you upon our delivery of the order to a common carrier at a shipping point. As noted, the only recourse available for shipping errors are re-shipments of orders; no refunds will be provided for any shipping errors, whether caused by you or by us. Aside from any promise to re-ship an order to you, we will not be held liable for any delivery errors, whether made by us, you, or any common carriers, nor will we be liable for any delays in shipments.
4. Returns/Refunds – We do not vouch for the size, fit, or cut of any Product sold on the Site and, as a result, we cannot issue refunds or credits, nor accept any returns or requests for exchanges, arising from a Product not being to your liking or not fitting properly. Similarly, we cannot issue refunds or credits, nor accept any returns or exchanges, for Products purchased in error or for orders that arrive damaged. Should an order arrive damaged, Birthright Israel shall not be liable in any way and your sole recourse shall be through the common carrier who delivered the package. To the extent a Product is defective, please contact us, within ten (10) days of your receipt of the Product, at [email protected] and provide your: i) name; ii) shipping address; iii) order number; iv) identification of the specific Product that you are writing about; v) explanation of the defect; and vi) photo(s) of the defective Product clearly showing the defect. Should we determine, at our sole discretion, that such defect was indeed the result of a manufacturing problem rather than damage caused following the manufacture of the Product, such as during shipment, we shall either, at our sole discretion, reship a new version of the Product to you at our cost or fully refund you the cost of the Product and your shipping charges via the Payment Processor you used to make your payment.
5. Special Offers, Promotions, and Credits – Birthright Israel may, from time to time, and in its sole discretion make available special offers and promotions that provide an opportunity for you to receive credits, coupons, prizes, or benefits. Any such offers and promotions will expire on the dates specified in the offer or promotion. Credits, coupons, prizes, or benefits shall specify the terms that apply to their use and redemption and those terms shall apply. Credits, coupons, prizes, and benefits may not be combined with any other offers or promotions. We reserve the right at any time with our discretion, and without prior notice, to discontinue any offer or promotion or to add or change offer and promotion terms or conditions, including changing expiration periods or credit values for existing or future credits. Credits are only for use on Products available for purchase on the Site. Credits are promotional in nature without any exchange of money or value from you; therefore, credits do not constitute property and you do not have a vested property right or interest in the credits. You agree to forfeit any credits, coupons, prizes, or benefits as a result of any fraudulent, illegal, or inappropriate conduct. Birthright Israel reserves the right to void any such credits, coupons, prizes or benefits granted if it suspects that these were derived in a fraudulent manner, a manner that violates these Terms, or the terms of the offer or promotion, or in a manner otherwise not intended by Birthright Israel. In addition, any fraudulent, illegal, or inappropriate conduct in relation to any offers or promotions, may subject you to liability for civil and/or criminal penalties under applicable law.
6. License to Use the Site – Conditioned on your compliance with these Terms, Birthright Israel grants you a limited, personal, non-exclusive, and nontransferable license to make personal, non-commercial use of the services and features of the Site on a mobile, desktop, or other device owned or otherwise controlled by you. This license does not include any resale or commercial use of the Site features or Content, or the right to access or use the Site for any of the restricted purposes set forth in Section 6.1. We may terminate this license at any time and for any reason.
6.1. The license granted in Section 6 is conditioned on your compliance with the following:
6.1.1. You must not attempt to work around, disable, bypass, modify, or defeat any technical limitations in the Site or to use the Site in an attempt to, or in conjunction with, any device, program, or service designed to circumvent any security features or any technical measures employed to control access to the Site or any Content, as later defined, appearing on it;
6.1.2. You must not reverse engineer, decompile, decipher, disassemble, or otherwise attempt to access source code of the Site, except and only to the extent that applicable law expressly permits, despite this limitation;
6.1.3. You must not license, sublicense, reproduce, sell, rent, lease, transfer, assign, broadcast, transfer, host, download, or commercially exploit the Site;
6.1.4. Except as expressly stated herein, you must not copy, reproduce, distribute, republish, download, display, post, or transmit, in any form or by any means, any part of the Site;
6.1.5. You must not modify or make any derivative works of the Site, in whole or in part;
6.1.6. You must not remove any proprietary notices or labels on the Site;
6.1.7. You must not interfere with the proper functioning of the Site or use it to develop applications, services, websites, or any other functionalities that leverage the Site or any portion thereof;
6.1.8. You shall not access the Site in order to build a similar or competitive service, or to download, copy, or collect Content for the benefit of another merchant;
6.1.9. You must not make any use of the Site in any manner not permitted by these Terms;
6.1.10. You must not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or Content; and
6.1.11. You must use the Site in compliance with all applicable laws.
7.1. Our Content – You acknowledge that all the content, information, graphics, texts, images, brand names, logos, and other materials accessible through the Site (collectively, the “Content”) is the intellectual property of Birthright Israel, and that Birthright Israel is the owner or licensee of all copyright, trademark, and other proprietary rights in the Content. You further acknowledge that neither the limited license granted herein, nor our provision of the Site under these Terms, shall transfer to you or any third party, any rights, title, or interest in or to such Content. Birthright Israel reserves all rights to the Content not granted in this Agreement.
7.2. Your Content – We may expand Site functionality to enable you to upload your own Content onto the Site. To the extent such functionality becomes available on the Site, you shall be solely responsible for all content, information, graphics, text, images, and other materials uploaded, posted, transmitted, shared, or otherwise disseminated by you in connection with the Site (“Your Content”). Birthright Israel does not claim ownership of Your Content. You grant to Birthright Israel and its affiliates and service providers a worldwide, royalty-free, transferrable, sublicensable, non-exclusive, perpetual, irrevocable license under all intellectual property and other proprietary rights you have in Your Content to make, use, copy, modify, adapt, create derivative works of, publicly perform and display, import, broadcast, transmit, distribute, license, publish, and translate Your Content (and derivative works thereof) in connection with the operation of the Site. Birthright Israel is under no obligation to enable the upload of Your Content to the Site, and at its discretion it can, edit, block, refuse to post, or remove Your Content at any time. You represent and warrant that you have the rights necessary to grant the rights in this Section and that Your Content does not infringe the rights of Birthright Israel or any third party or violate any agreement with or policy of Birthright Israel or any applicable law. If Birthright Israel suspects violations of the foregoing, Birthright Israel may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators.
8. Site Availability and Support – Birthright Israel has no obligation to and may not provide support in relation to the Site. Birthright Israel does not guarantee availability of the Site and your access is permitted only if and when they are available. Your use of the Site may occasionally be restricted for service, upgrades, maintenance, or other reasons.
9. Term and Suspension – Subject to this Section, these Terms will remain in full force and effect while you use the Site. To the maximum extent authorized under applicable law, Birthright Israel reserves the right to temporarily or permanently suspend your access to the Site and/or ability to make Product purchases, at any time for any reason, at our sole discretion, including for any use of Site in violation of these Terms or if we believe you are younger than 18. Birthright Israel will not have any liability whatsoever to you for any suspension of access to the Site or ability to make Product purchases. Even after you may no longer access the Site and/or make Product purchases, the following provisions of these Terms will remain in effect: Sections 2-7, 9-13, and 16-18.
10. DISCLAIMER OF WARRANTIES – BIRTHRIGHT ISRAEL DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND THE PRODUCTS AVAILABLE FOR PURCHASE ON THE SITE, INCLUDING ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS. IN PARTICULAR, BIRTHRIGHT ISRAEL HEREBY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND DOES NOT MAKE ANY WARRANTY OR CLAIM THAT THE PRODUCTS WILL BE TO YOUR LIKING OR FREE FROM DEFECTS NOR DOES IT MAKE ANY WARRANTY OF CLAIM THAT THE SITE: (A) WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, OR SECURE BASIS; (B) WILL BE ACCURATE, COMPLETE, RELIABLE, OR FUNCTION PROPERLY; (C) WILL MEET YOUR REQUIREMENTS; OR (D) WILL BE ERROR FREE OR FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS.
11. DISCLAIMER OF CERTAIN DAMAGES – IN NO EVENT WILL BIRTHRIGHT ISRAEL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES TO OR FOR LOSS OF DATA OR PRIVACY, REVENUE, PROFITS, OR PROPERTY (INCLUDING BUILDINGS, WIRING, FIXTURES, DEVICES, COMPUTERS, PERIPHERALS, AND ANIMALS) OR FOR INJURY OR DEATH, ARISING FROM OR RELATING TO THESE TERMS, YOUR ORDER, OR THE SITE.
12. LIMITATION OF LIABILITY – TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED HEREIN, BIRTHRIGHT ISRAEL’S MAXIMUM, AGGREGATE LIABILITY TO YOU UNDER ANY AND ALL THEORIES OF LIABILITY, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND/OR LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS, YOUR ORDER, OR THE SITE, WILL NOT EXCEED ONE DOLLAR ($1).
13. IMPORTANT CONSUMER NOTICE – SOME JURISDICTIONS DO NOT ALLOW CERTAIN DAMAGE LIMITATIONS SUCH AS THE LIMITATION OF LOSS OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THESE TERMS WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED. IF YOU LIVE OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF ANY LIMITATION IS NOT PERMITTED, THE EXCLUSIONS IN THESE TERMS MAY NOT APPLY TO YOU.
14. DMCA Copyright Notice and Takedown Procedures – Birthright Israel respects the intellectual property rights of others. If you believe that any Content or other material available on the Site infringes your copyright or the copyright of any third party, please send written notice in accordance with the provisions of the Digital Millennium Copyright Act (“DMCA”) to our Designated Copyright Agent, who can be reached at [email protected] To be effective, notice must include the following in compliance with Section 512(c) of the DMCA: (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and specific information sufficient to permit us to locate the material; (d) Information sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material on the Site is infringing, you should contact an attorney prior to sending notice. After receiving notice, Birthright Israel may remove or disable access to infringing material.
15. Modifications to these Terms – We will occasionally update these Terms. When we post changes to these Terms, we will revise the "Effective Date” at the top of this webpage. We recommend that you check the Terms from time to time to inform yourself of any changes. Updated Terms are binding on you as of the effective date indicated at the top of this webpage. Your continued use of the Site after the effective date indicates your acceptance of the updated Terms, even if you have not reviewed them. If, at any time, you do not agree to the Terms, you must stop accessing the Site or placing any orders via the Site.
16. Governing Law – These Terms are governed by the laws of the State of New York, without reference to its conflict of laws provisions.
17. Agreement to Arbitrate; Class Action Waiver; and Location of Dispute Resolution – You and Birthright Israel each agree that all claims, controversies, and disputes between you and Birthright Israel, including those arising out of or related to the Site, any order you place on the Site, or these Terms (each a “Dispute” and collectively the “Disputes”), will be resolved by binding arbitration by a single neutral arbitrator, provided, however, you and Birthright Israel are not precluded from asserting in small claims court any Dispute that is eligible to be brought in small claims court. BY AGREEING, YOU ACKNOWLEDGE THAT YOU AND BIRTHRIGHT ISRAEL ARE EACH AGREEING TO FOREGO THE ABILITY TO PURSUE DISPUTES IN COURT, OTHER THAN SMALL CLAIMS COURT, INCLUDING THE ABILITY TO HAVE A JURY DECIDE DISPUTES. Unless You and Birthright Israel otherwise agree, Judicial Arbitration & Mediation Services (“JAMS”) will arbitrate all disputes and JAMS rules will apply. You and Birthright Israel each agree to only pursue Disputes on an individual basis and will not pursue Disputes, whether in arbitration or otherwise, on a class, consolidated, or representative basis, regardless of the application of procedural rules. BY AGREEING, YOU ACKNOWLEDGE THAT YOU AND BIRTHRIGHT ISRAEL ARE EACH AGREEING TO FOREGO THE ABILITY TO PROCEED IN CLASS ACTIONS, CONSOLIDATED ACTIONS, OR REPRESENTATIVE ACTIONS, EITHER AS A REPRESENTATIVE OR MEMBER OF A CLASS. Notwithstanding any JAMS rule to the contrary, or any other provision in arbitration rules chosen by agreement to govern the arbitration, You and Birthright Israel each agree that any challenges to the validity or enforceability of the class action waiver in this Section will be decided by a federal court or a court of competent jurisdiction, and not by an arbitrator. If any court or arbitrator holds that the class action waiver in this Section is unenforceable, then the Dispute must be brought in a state or federal court, and not in arbitration. You and Birthright Israel each agree that the location of the arbitration or court where the Dispute will be resolved will be New York, New York You and Birthright Israel each also agree that for arbitrated Disputes, the arbitrator’s award will be final and binding and may be entered as a judgment in any court of competent jurisdiction. An arbitrator may award, on an individual basis, any relief authorized by law, including injunctive or declaratory relief and reasonable attorneys' fees. You and Birthright Israel each are responsible for your or its respective costs relating to the arbitration, except that Birthright Israel will pay all arbitration administrative or filing fees, including the arbitrator fees (other than arbitrator fees up to the amount of the then-applicable fee for filing a civil action in federal court in the judicial district where you live in any Dispute where You assert a claim against Birthright Israel, unless You demonstrate to the arbitrator that You would be entitled to file that civil action in federal court without payment of the then-applicable fee). To begin arbitration, you must send an email requesting arbitration and describing your Dispute to the contact listed for Birthright Israel herein. You may opt-out of the agreement to arbitrate in this Section by mailing Birthright Israel written notice of your election to opt-out at Birthright Israel Foundation, P.O. Box 5892, Hicksville, NY 11802, within ten (10) days of placing an order on the Site, expressly indicating that You are opting out of the agreement to arbitrate in this Section and including your name and address, provided that the election will not be effective until it is received by Birthright Israel. Your election to opt-out of the agreement to arbitrate in this Section will not otherwise affect your rights and obligations under these Terms. You and Birthright Israel each also agree that these Terms affect interstate commerce, so the Federal Arbitration Act, not state law, applies including with respect to any question of whether a Dispute is subject to arbitration (despite the choice of governing law noted herein).