This is a template provided for your convenience. Do not forget to adjust it to your needs. Replace all red-colored text with your company's details.
This Agreement is entered into between you and Kosher Institute of America, LLC (“KIA”). The terms contained herein apply to the purchase of services on this website. Please read these terms carefully before making your purchase. This Agreement becomes legally binding only after You agree to the terms herein, KIA receives payment for services, and KIA accepts you for the services as described below.
1.1 “Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
1.2 “Course Materials” means the information provided by KIA to accompany a course provided as part of the Services in hard copy or electronic form.
1.3 “Fees” means the fees paid to KIA for the Services rendered to you.
1.4 “Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
1.5 “Online Course” means the delivery by KIA of an online course pursuant to which you learn course materials remotely.
1.6 “Services” means the provision of the Online Course and/or the Course Materials together with such other services as agreed from time to time and purchased through the Website.
1.7 “Website” means www.kosherinstitute.com and/or www.kosherinstitute.learnworlds.com
1.8 “You” and “you” means the individual using the Services.
2. The Services
2.1 A description of the Services are available on our Website. KIA will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. KIA reserve the right to vary or withdraw any of the Services described on the Website without notice or to remove the Website from the internet at any time.
2.3 KIA expects you to confirm that the Services you are purchasing will meet your needs. KIA do not make any guarantee to you that you will obtain a specific result or an employment opportunity from your purchase and completion of any of the Services.
2.4 In consideration of the Fees paid, KIA will grant to you a limited, non-transferable, non-exclusive license to use the Course Materials and the software for the sole purpose of completing the Online Course.
3. No Warranty
3.1 There are no warranties, express or implied, by operation of law or otherwise for the use or results of the Services, materials, or anything relating to this Agreement. KIA makes no express or implied warranty or promise relating to your successful completion of the Online Course, the scope of Course Materials, or that any particular level of knowledge will be attained by you from the Services, Online Course, or Course Materials. KIA disclaims any and all implied warranties including the implied warranties of merchantability and fitness for a particular purpose. KIA provides the Services, Online Course, and Course Material to you for educational purposes only. You should not rely on KIA, the Services, Online Course, or Course Material in relation to any employment opportunity, pursuit, or expectation with any individual or entity.
4.1 You agree that KIA and its employees, agents, contractors, and affiliates have no liability to you whatsoever in relation to providing Services, including but not limited to: (i) any inaccuracy or misleading information provided in the Online Course or Course Materials; (ii) any loss or corruption of data; (iii) any loss of profit, revenue or goodwill; (iv) any damages, including direct or indirect, special, or consequential losses arising from any action or relating to this Agreement, breach of this Agreement, or the Services contemplated by this Agreement; and any reliance by you based on any information provided as a result of the Online Course, Course Material, or Services.
4.2 KIA makes express or implied conditions, warranties, promises, or other terms relating to the Services. No express or implied conditions, warranties, promises, or other terms shall apply, including any implied terms as to satisfactory quality, fitness for purpose, or conformance with description.
4.3 In the event that is determined that KIA is liable to you, the total liability arising from or in connection with this Agreement, Services, or anything relating thereto, based on any action or inaction and any cause of action or claim, shall be limited to the Fees received by KIA in connection with the Services. You may not bring any claim, cause of action, or lawsuit against KIA after six (6) months following the completion of Services provided to you.
4.4 You agree to indemnify, hold harmless, and defend KIA and its parents and subsidiaries and their directors, officers, employees, shareholders, members, managers, agents, affiliates and assigns from and against, and pay on behalf of or reimburse KIA in respect of, as and when incurred, all actual losses, liabilities, demands, claims, actions or causes of action, costs, damages, judgments, debts, settlements, assessments, deficiencies, taxes, penalties, fines or expenses, whether or not arising out of any claims by or on behalf of a third party, including, without limitation, interest, penalties, reasonable attorneys’ fees and expenses and all reasonable amounts paid in investigation, defense or settlement of any of the foregoing (collectively, “Losses”) which any such party may suffer, sustain or become subject to, as a result of, in connection with, or relating to or by virtue of this Agreement or Services provided to you.
5. Intellectual Property
5.1 All of KIA’s Intellectual Property Rights in the Course Materials, Online Courses, or otherwise shared as a result of this Agreement, are and shall remain the exclusive intellectual property of KIA.
5.2 You are not authorized to:
(i) copy, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit or distribute any of the Course Materials or other information from KIA that is provided pursuant to this Agreement, without prior written permission by KIA;
(ii) record by video, audio tape, videophone, or any other means, the Online Course;
(iii) use the Course Materials in the provision of any other course or training;
(iv) remove any copyright or other notice of KIA on the Course Materials or other information from KIA that is provided pursuant to this Agreement; or
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer any software forming part of the Online Courses.
Breach by you of this clause or any clause contained herein shall permit KIA to immediately terminate this Agreement and cease to provide you with any Services, including but not limited to access to the Online Courses. Furthermore, you shall be liable to KIA for any breach of this term, or any term of this Agreement, for any and all damages pursuant to any applicable law.
6.1 Any Services provided by KIA pursuant to this Agreement are specific to you and cannot be transferred or assigned to any other person. You may not assign this Agreement or any of its rights hereunder without prior written consent by KIA.
6.2 KIA may assign, transfer, or sub-contract any of its rights and obligations pursuant to this Agreement to any third party, company, or individual, at its discretion and without your consent.
7. Data Protection
7.1 You will need to provide certain personal information (“data”) such as your contact details and demographic information when you register for Services. KIA will store this data and use it to contact you, provide you with details of the Services you have purchased, and as required during the normal provision of the Services.
7.2 The nature of the Services provided by KIA means that KIA will obtain, use, and disclose (collectively "use") certain information about you ("data"). By purchasing Services and agreeing to this Agreement, you hereby agree that KIA may use data about you.
7.3 KIA may also use the Data, and similar data, that you provide in response to surveys, to aggregate user profiles, and provide you with communications.
7.4 To monitor and improve Services, KIA may gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to, and the parts of the Website you visit.
7.5 KIA may use certain information such as your user ID, session identifiers, and password to identify the use of Services, assist with the provision of Services, and to ensure that you have access to relevant products. KIA may read cookies from your cookie file placed there through your web browser's interaction with the Website.
7.6 KIA’s products may link to third party websites and KIA is not responsible for their data, policies, procedures, or their content.
7.7 KIA endeavors to take reasonable steps to protect your personal Data but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold KIA responsible for any breach of security.
7.8 KIA may supplement the information that you provide with information KIA receive from third parties, such as exam registration bodies or your employer.
7.9 If you wish to change or update the information KIA has on file about you, please email firstname.lastname@example.org.
8. Term of Use and Access
8.1 This Agreement will become effective upon your acceptance of the terms of this Agreement, by you checking the box on the Website indicating that you agree to the terms of this Agreement, and KIA’s acceptance to provide you the Services.
8.2 KIA may choose not to accept your request for Services and will refund any Fees paid if Services are not provided. A refund for Fees paid is your only remedy if KIA does not accept your request for Services. The Fees are not refundable after Services have been provided to you.
8.3 KIA may in its discretion discontinue, disable, remove, modify, or change the Online Course, the Website, Course Materials, or Services, or the availability of the same, at any time without notice.
9.1 Any controversy or claim arising out of or relating to this agreement, or the breach thereof (including, without limitation, any disputes relating to the enforceability, formation, conscionability, and validity of this Agreement, including any claims that all or any part of this Agreement is void or voidable, and the arbitrability of any disputes arising hereunder), shall be settled by arbitration by the cRc Beth Din (www.crcweb.org), in accordance with its Rules and Procedures. Judgment upon the award rendered by the cRc Beth Din may be entered in any court having jurisdiction thereof. The parties expressly acknowledge that they understand and agree that arbitration before the cRc Beth Din shall be the exclusive forum for the adjudication of any disputes relating to this Agreement, KIA’s services, or the content of the website and that by agreeing to arbitration they are waiving their rights to other resolution processes, such as court action or other arbitration, and that the parties shall be precluded from bringing suit in court with respect to any disputes.
10. Governing Law.
10.1 This Agreement will be governed by and construed in accordance with the internal laws of the State of Texas.
11. Attorney Fees.
11.1 If any action or proceeding for the enforcement of this Agreement is brought with respect to or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions hereof, the successful or prevailing party shall be entitled to recover reasonable attorneys’ fees, expenses and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled.
12. 1 If any provision of this Agreement or the application of any such provision to any person or circumstances shall be held invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement.
13.1 The terms of this Agreement shall survive the termination of Services to you or your access to the Website or Course Materials.
14. Entire Agreement.
14.1 This Agreement contains the entire agreement and understanding between the parties hereto with respect to the subject matter hereof and supersedes all prior oral and written agreements and understandings relating to such subject matter.
You acknowledge that you will be legally bound to the terms and conditions described above by clicking on the Website and indicating that you agree with this Agreement.