Terms and Conditions
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. Definitions
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.
2.5 All Services are completely non-refundable. Please review your purchase carefully before finalizing the transaction.
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. Liability
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. Assignment
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
info@kosherinstitute.com.
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. Arbitration
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. Severability.
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.
Survival.
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.
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