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“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.
“Course Materials” means the information provided by Kosher Institute of America LLC to accompany a course provided as part of the Services in hard copy or electronic form.
“Fees” means the fees paid by you to Kosher Institute of America LLC for the Services.
“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.
“Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely.
“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 by you through the Website.
“Website” means www.kosherinstitute.com and/or www.kosherinstitute.learnworlds.com
“you” means the individual purchasing the Services.
2. The Services
2.1 A description of the Services are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3 We expect you to confirm that the Services you are purchasing will meet your needs. We 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.
3.1 Although Kosher Institute of America LLC aims to provide the Services to the highest standards of the industry, neither it, nor its presenters accept any liability for (i) any inaccuracy or misleading information provided in the programs or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
3.2 Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services. Subject to clause 3.4, no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
3.3 Subject to clause 3.4 below, Kosher Institute of America's total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course in relation to which a dispute has arisen.
3.4 Nothing in this Agreement shall exclude or limit Kosher Institute of America’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which by law may not be limited or excluded.
3.5 No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
4. Intellectual Property
4.1 All Intellectual Property Rights in the Course Materials, and Online Courses are, and remain, the exclusive intellectual property of Kosher Institute of America LLC.
4.2 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 without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the Online Course given;
(iii) use the Course Materials in the provision of any other course or training;
(iv) remove any copyright or other notice of Kosher Institute of America on the Course Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
Breach by you of this clause 4.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.
4.3 In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive license to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course.
5.1 Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
5.2 We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
6.1 We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
7. Data Protection
7.1 The nature of the Services provided by us means that we will obtain, use and disclose (together "Use") certain information about you ("Data"). This statement sets out the principles governing our Use of Data. By purchasing the Services, you agree to this Use.
7.2 When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.
7.3 We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and provide you with communications.
7.4 To enable us to monitor and improve our Services, we 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 We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser's interaction with the Website.
7.6 Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.
7.7 Kosher Institute of America LLC endeavor 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 us responsible for any breach of security.
7.8 Kosher Institute of America LLC may supplement the information that you provide with information we receive from third parties, such as exam registration bodies or your employer.
7.9 If you wish to change or update the data, we hold about you, please email firstname.lastname@example.org
8.1 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 the aforementioned disputes 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 the aforementioned disputes.
9. Term and Termination
9.1 This Agreement will become effective upon Your acceptance of the terms of this Agreement by Your checking the box and, subject to the terms and conditions of this Agreement, will remain in effect while the Participant maintains a current, fully paid up online registration to the Training, or until terminated by Kosher Institute of America LLC. Kosher Institute of America LLC may discontinue or change the Online Course, or its availability to You, at any time without notice. The course registration, once purchased, is not returnable.