User Agreement and Privacy Policy

I.          Introduction

A.        Who We Are and What This Agreement Is: Welcome to the digital Jewish Review of Books (“JRB”), published by Jewish Review of Books Foundation (“we,” “us,” or “our”).  This User Agreement, which includes our Privacy Policy (the “agreement”), sets out the terms and conditions (“terms”) under which you, as an individual or entity, may access www.jewishreviewofbooks.com or any other website, mobile site, application, or other digital publication of Jewish Review of Books Foundation (a “site”).  By using a site, you agree to the terms of the agreement.  If you do not agree with the terms, you may not use the site.  This agreement is the complete agreement between you and us about your use of our sites.

B.        Scope: The agreement applies, without limitation, to all text, images, audio, video, designs, software, and code on or underlying each site (“content”), whether it is made available on the site by us, you, or third parties.

C.        Conflict: If there is a conflict or inconsistency between the agreement and any other terms that purport to apply to a site, wherever they are posted or written, we shall determine which terms govern and you waive the right to dispute our determination.

D.        Change: From time to time we may change the terms of the agreement as it applies to a site by posting the changed terms on the site.  By using the site after the change, you accept the change.

E.         Remedies: If you breach or violate the agreement or any other terms governing the use of a site, we may terminate or restrict your ability to use the site or any part of it or take any other technical, legal, or other action we consider necessary to enforce the agreement or remedy your breach or violation.  Even if we delay acting or we fail to act, we do not waive our right to do so unless we have waived the right in writing.

F.         Termination: We may terminate any of our sites, this agreement, or any content or service made available on or through any site.  The disclaimers, limitation of liability, indemnification, and jurisdictional provisions of the agreement shall survive the termination of the agreement.

II.        Using Our Sites

A.        Your Identity: By using a site, you represent that (1) you are not younger than 13 years old, (2) you are not in a country whose government the United States has placed under an embargo or designated a supporter of terrorism, (3) you are not on any U.S. government list of prohibited or restricted persons, (4) you are accessing the site for personal, non-commercial reasons, and (5) if you have given us the identifying number of a mobile or other device used to access a site, or if we obtain such a number in operating the site, the device is owned and registered by you or a person who has given you permission to use it.

B.        Your Means of Access: You are responsible for obtaining and maintaining any device or service you need to access a site and for complying with any terms and conditions imposed by the provider of the device or service.  You must ensure that the device or service does not interfere with our operating or others’ using the site, and you agree that we may disconnect any device or service from the site if it causes such interference.  We do not represent or guarantee that any of our sites can be accessed by mobile devices or services in general or any particular mobile device or service, and we specifically disclaim liability related to acts or omissions by any provider of a mobile device or service.

C.        Your Conduct: You are responsible for use of any site by you or those you authorize or allow to use the site.  You must comply with all government laws and rules that apply to the use of a site, and you must notify us immediately if you learn about or suspect any illegal activity related to any person’s use of the site.

D.        Prohibited Conduct: You may not, and may not directly or indirectly authorize, enable, or influence anyone else, to do any of the following: (1) impersonate anyone else in using a site; (2) falsely represent any connection between you and us; (3) use the site to contact other users, virtually or physically, without their permission; (4) provide professional advice; (5) make any commercial offer or bulk communication available on a site; (6) make available any content that we consider unlawful, an incitement to unlawful activity, tortious, defamatory, vulgar, explicitly sexual, obscene, libelous, threatening, intimidating, hostile, harassing, abusive on the basis of personal beliefs or characteristics, or otherwise objectionable or inappropriate; (7) make available any content or other material containing any computer code, file, program, or other feature with the design or effect of interfering in any way with the operation of the site; or (8) make available any content that you do not have the right to make available or that violates another person’s right, any law or regulation, or this agreement.

YOUR COMMITTING OR ATTEMPTING TO COMMIT ANY OF THESE PROHIBITED ACTS OR TO UNDERMINE THE OPERATION OF ANY OF OUR SITES IN ANY OTHER WAY MAY VIOLATE CRIMINAL LAW OR IMPOSE LIABILITY UNDER CIVIL LAW.  WE RESERVE THE RIGHT TO SEEK CRIMINAL PROSECUTION, DAMAGES, OR BOTH, TO THE FULLEST EXTENT PERMITED BY LAW, INCLUDING COSTS AND ATTORNEYS’ FEES.

E.         Conduct Prohibited Without Our Consent: Without our written consent you may not, and may not directly or indirectly authorize, enable, or influence others, to use another person’s personal information to access a site or authorize or allow another person to use your personal information to access a site.

F.         Others’ Conduct: By using a site, you acknowledge that you may be exposed to conduct on the site that is offensive or inappropriate or that violates this agreement.  Though we have the right to pre-screen, monitor, edit, or delete activity on our sites, we are not required to do so, and we are not required to take any particular action if you challenge or dispute any person’s conduct on a site.

We are not responsible for the conduct or activities on any site, application, or service, NOT OPERATED BY, US to which YOU LINK THROUGH ANY OF our Sites (A “third party destination”).  YOU LINK TO THIRD PARTY DESTINATIONS AT YOUR OWN RISK.

If you have reason to believe that another person is using a site in a way that is harmful to you, such as impersonating, stalking, bullying, threatening, or harassing you, you may contact the appropriate local, state, or federal law enforcement agency.  If you have reason to believe that you are a victim of online crime, such as identity theft, fraud, or hacking, you may contact the Internet Crime Complaint Center at www.ic3.gov.

IF YOU FALSELY OR WRONGLY ACCUSE ANOTHER PERSON OF HAVING COMMITTED A CRIME, INAPPROPRIATE ACT, OR BREACH OF THIS AGREEMENT, YOU COULD BE IN VIOLATION OF CRIMINAL LAW OR LIABLE FOR DAMAGES UNDER CIVIL LAW, INCLUDING COSTS AND ATTORNEYS’ FEES.

III.       Content on Our Sites, In General

A.        Changing Content: We have the right but not the obligation to add, delete, edit, move, update, upgrade, or otherwise change (“change”) any content, feature, or function on a site, including content made available by any party.  You may not interfere with any such change, and we have no obligation to ensure that the change will be compatible with the devices and services you use to access the site. Even after content is removed from a site, we may retain it, and we or others may be able to view it.

B.        Limits on Content-related Liability: The appearance of content on a site does not constitute our endorsement or verification of this content.  The content represents the views of the person that made the content available and does not necessarily represent our views.  By using a site, you acknowledge that you may be exposed to content on a site that is offensive or inappropriate or that violates this agreement.  Though we have the right to pre-screen, monitor, edit, or delete content on our sites, we are not required to do so, and we are not required to take any particular action if you challenge or dispute any content on a site.

We are not responsible for ANY CONTENT oN THIRD PARTY DESTINATIONS to which YOU LINK THROUGH ANY OF our Sites.  YOU LINK TO THIRD PARTY DESTINATIONS AT YOUR OWN RISK.

C.        Copyright: Content on a site, including the organization, design, and “look and feel” of the site, is protected by local, state, federal, foreign, and international copyright, trademark, and other intellectual property laws and regulations and is the property of us or our licensors, vendors, or service providers.  You may download a single machine-readable copy of such content for your personal, non-commercial use; but you may not (1) alter the content, remove any copyright, trademark, or other notice displayed on it, or otherwise try to circumvent its copyright protection; (2) otherwise reproduce, distribute, display, perform, or create works derivative of it, extract it for use in a data base, or use it in any other way; (3) frame our content, or present it through any similar process, on any other site or destination without our prior written consent to each such use; or (4) capture, extract, gather, store, or otherwise obtain (“obtain”) content through manual or automated means without our prior written consent to each such use if we have taken steps to prevent users from doing so.

We may terminate the use of a site by any user that we believe has infringed any of our copyrights or other proprietary rights or those of any other party, and we may remove or disable access to Content that we believe infringes such a right.

D.        Copyright Complaints: THE FOLLOWING SECTION OF THE AGREEMENT IS NOT LEGAL ADVICE.

If you believe that content on a site or a link to a third party destination constitutes an infringement of your copyright, you may notify us to this effect.  In order to constitute a notification for purposes of applicable law, set out at 17 U.S.C. § 512, the notice must satisfy a series of requirements.

(1) It must be sent to our agent at Jewish Review of Books Foundation, Attn: Suzanne Garment, 745 5th Ave, Suite 1400, New York 10151.  No other communications to us should be sent to the agent.

(2) It must set out the following information: (a) a physical or electronic signature of the 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 bee infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (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 information sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (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 made under penalty of perjury, and that you are the owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

ANY MISREPRESENTATIONS YOU MAKE IN THIS NOTIFICATION MAY EXPOSE YOU TO LIABILITY FOR DAMAGES, INCLUDING COSTS AND ATTORNEYS’ FEES.  COURTS HAVE FOUND THAT BEFORE YOU SEND THIS TYPE OF NOTIFICATION, YOU MUST CONSIDER COPYRIGHT DEFENSES, LIMITATIONS, AND EXCEPTIONS.

If we receive such a notification from you and remove the material you identified, we may make a good faith effort to inform the alleged infringer that the material has been removed.  If alleged infringer, after receiving this information, provides us with a counter-notice, compliant with law, stating that your notification to us was in error, we will (a) promptly notify you of the counter-notice and (b) restore the material to the site in no fewer than 10 and no more than 14 business days of receiving the counter-notice unless you inform us within this time that you have filed an action seeking a court order to restrain the alleged infringer from the activity about which you notified us.

E.         Trademarks: “Jewish Review of Books” and other logos and trademarks featured on our Sites are owned by Jewish Review of Books Foundation.  You may not use our trademarks (1) in connection with any product or service that does not belong to us; (2) in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of a product, service, or activity; or (3) in any manner that disparages or discredits us.  Without our prior written consent you may not (1) use our trademarks, (2) register any domain name containing our name or any of our trademarks, or (3) use metatags, metatext, or similar code that incorporates our name, our trademarks, or marks confusingly similar to our trademarks.

IV.       Your Content on Our Sites

A.        Treatment of User Content: A site may allow you to make comments, questions, answers, information, works of authorship, or other materials available on a site (“user content”).  You are solely responsible for any user content that you make available on a site.  We may restrict you from making user content available on a site and have no obligation to display user content or allow it to appear on a site.  We have the right to modify user content on a site. We have the right but not the obligation to pre-screen, monitor, edit, supplement, or delete user content, and we are not required to take any particular action if you challenge or dispute any user content on a site, whether it is made available by you or by another user.

B.        Rights to User Content: If you make user content available on a site, you grant us an irrevocable, non-exclusive, worldwide, royalty-free, unrestricted license (with the right to sublicense) to reproduce, distribute, create works derivative of, and publicly display and perform the user content in whole or in part in any media now known or later developed; to use your name and likeness and the names, likenesses, and other information you submit or make available as part of the user content; and to identify the user content with our description or additional information.  You, on behalf of yourself and your successors, heirs, family members, and executors, irrevocably release Jewish Review of Books Foundation and its affiliates, and their respective members, managers, directors, officers, employees, and agents, from any claim of any nature that you have or may ever have based on any cause of action, including rights of publicity or privacy, trademark or service mark, copyright, “moral rights,” false light, libel, defamation, false advertising, or intentional or negligent infliction of emotional distress, arising out of any use of the user  content you submit and any use of your name, likeness, or other identifiable traits in connection with the user content.  If you are a resident of a state that restricts general releases like the foregoing release, you waive such restrictions to the maximum extent permissible under applicable law.  If you are a California resident, you specifically waive California Civil Code Section 1542.

B.        Limits on User Content-Related Liability: By making user content available on a site, you represent and warrant that (1) you have the right to submit it; (2) you have obtained all rights and consents necessary to grant the license above, including all rights and consents to any license (a) to any third party material included in the user content and (b) from any individual depicted in the user content; (3) the user content does not and will not violate any third party’s copyright, trademark, patent, trade secret, right to privacy or publicity, or any other proprietary, personal, or other right; (4) you are under no obligation that would interfere with your disclosure or use of the user content; and (5) the user content does not contain any material or information furnished to you in confidence or with the understanding that it would not be disclosed or published.

USER CONTENT IS NOT CONFIDENTIAL AND MAY BE PUBLICLY AVAILABLE ON OUR SITE OR OTHERWISE.  WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF PERSONALLY IDENTIFIABLE INFORMATION IN ANY USER CONTENT THAT YOU MAKE AVAILABLE ON OUR SITES.  We are not responsible for ANY USER CONTENT THAT YOU MAKE AVAILABLE oN THIRD PARTY DESTINATIONS to which YOU LINK THROUGH ANY OF our Sites.  YOU LINK TO THIRD PARTY DESTINATIONS AT YOUR OWN RISK.

V.        Registration, Accounts, Merchandise, and Fees

A.        Your Registration Information: You need not register with us or provide us with any personal information in order to access the public portion of any of our sites.  However, if you wish to receive certain content or other services offered by a site, we may require you to register and create an account or profile (“account”) by providing personal information, including, without limitation, an e-mail address, user ID, or password (with any other identifying personal information, “registration information”) in order to create an account or profile (an “account”).  By registering, you represent that the registration information you provide is accurate, complete, and solely yours; and you agree that if this information changes, you will promptly correct it, either on the site or, if that option is not available, by contacting the Privacy Policy Coordinator identified in our Privacy Policy, below. We have the right to change the method of registration on a site or to remove, repossess, or require a change to any user ID or password you have used.  In addition, by registering you acknowledge that in order to use the content or services for which you have registered, you may be required to obtain and maintain devices or services for which other providers may charge you fees.

WE ARE NOT RESPONSIBLE FOR VERIFYING YOUR REGISTRATION INFORMATION OR LIABLE IN ANY WAY IF YOU FAIL TO PROVIDE ACCURATE, COMPLETE, AND CURRENT REGISTRATION INFORMATION.

B.        Responsibility for Your Account: You may not transfer your account without our prior written approval, you may not authorize or allow anyone else to use your account to access the site, and you may not use anyone else’s account to access the site.  You are responsible for keeping your user ID and password confidential and are responsible for all activity associated with your account on the site, including activity by a person with unauthorized access to your account.  If you become aware that anyone has unauthorized access to your account, you must immediately notify us and close the account or change the registration information associated with it.  If we suspect that a person associated with an account has not complied with the agreement, including its registration requirements, we have the right to suspend or terminate the account or block its access to any site and to reassign the account’s user ID and password to another user.  If we terminate or block access to a site by your account, we have the right but not the obligation to remove any user content or account-related information that you have made available on the site, and we have no obligation to retain the removed content or information or provide you with information about it.  Your obligations under the agreement shall survive such a termination or blocking.

C.        Communications from Us: By registering on a site, you agree to receive electronic communications from us about your account, transactions, or relationship with the site, and you agree that these electronic communications will satisfy any legal requirement that they would satisfy if they were in writing.

D.        Fees and Transactions: If we charge a fee for providing content or a service associated with a site and you choose to purchase the content or service, you agree to pay the fee that is charged.  We reserve the right to change the fee as of the publication of the changed fee on the site.  If you give us a credit, debit, or charge card number, you authorize us to retain the information and charge the fee to it.  If we cannot collect the fee cannot through the payment method you have given to us, we have the right to (1) demand immediate payment, (2) charge the fee to another payment method you have given to us, (3) assess an additional late charge (at the rate of the lower of 1.5 percent and the highest amount allowed by law) (4) terminate your use of the site, and (5) take all lawful steps to collect the fee, with you bearing responsibility for all the costs of collection.

We may receive a commission, fee, or other compensation for purchases made on or through a site.  Nothing on a site is a binding offer to sell content or other products or services (in this context, “merchandise”).  After we receive an order from you, we have the right to decline the order or not to ship or send to a particular address.  If we have posted an incorrect price for merchandise, we have the right not to fulfill an order placed at the incorrect price.  If you cancel an order after you have been charged for it, you will receive a credit.  We reserve the right to limit quantities of merchandise available to a particular purchaser or group of purchasers.  Any images of merchandise on a site may not accurately capture the actual appearance, features, or functionality of the merchandise.

WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES ABOUT ANY MERCHANDISE AVAILABLE FROM A THIRD PARTY SELLER ON OR THROUGH A SITE.  ALL TRANSACTIONS FOR MERCHANDISE SHALL BE BETWEEN YOU AND THE THIRD PARTY SELLER, AND THE THIRD PARTY SELLER MAY IMPOSE ADDITIONAL TERMS AND CONDITIONS.

VI.       General Disclaimer of Warranty, Limitation of Liability, and Indemnification

NO CONTENT AVAILABLE ON A SITE CONSTITUTES MEDICAL, LEGAL, OR FINANCIAL ADVICE.  WE DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR LOSSES RELATED TO CONTENT OBTAINED THROUGH ACCESS TO ANY SITE.

CERTAIN CONTENT, FEATURES, AND FUNCTIONS OFFERED ON OR THROUGH OUR SITES MAY INVOLVE PARTICIPATION BY THIRD PARTIES.  WE SPECIFICALLY DISCLAIM ANY LIABILITY RELATED TO ANY ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY.  IF ANY SUCH THIRD PARTY REQUIRES IMPOSES TERMS AND CONDITIONS IN ADDITION TO OURS, COMPLIANCE WITH THESE TERMS AND CONDITIONS IS YOUR SOLE RESPONSIBILITY, AND THOSE TERMS AND CONDITIONS SHALL HAVE NO EFFECT ON YOUR OBLIGATION TO COMPLY WITH THIS AGREEMENT WHEN USING OUR SITES.

OUR SITES AND THE SERVICES AND MATERIALS AVAILABLE THROUGH THEM ARE AVAILABLE “AS IS” AND “AS AVAILABLE.”  WE DO NOT WARRANT THAT OUR SITES OR ANY OF THE SERVICES OR MATERIALS AVAILABLE THROUGH THEM WILL BE UNINTERRUPTED OR ERROR-FREE.  THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN MATERIALS OR SERVICES AVAILABLE THROUGH OUR SITES.  WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR NON-INFRINGEMENT OF ANY CONTENT OR SERVICES AVAILABLE THROUGH OUR SITES OR THROUGH LINKS TO THIRD PARTY DESTINATIONS.  WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN OUR SITES AND SERVICES.  IF YOU RELY ON OUR SITES OR ANY MATERIALS OR SERVICES AVAILABLE THROUGH THEM, YOU DO SO ENTIRELY AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO OUR SITES AND ANY CONTENT, INFORMATION, GOODS, OR SERVICES THAT ARE AVAILABLE THROUGH THEM, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EVEN IF THAT PURPOSE HAS BEEN DISCLOSED.

ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF MALICIOUS CODE TO OUR SITES, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITES, OR SERVICES OR MATERIALS THAT MAY BE AVAILABLE THROUGH OUR SITES, ARE FREE FROM SUCH DESTRUCTIVE FEATURES.  WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES OR FOR ERRONEOUS, DELAYED, OR LOST COMMUNICATIONS BETWEEN OURSELVES AND YOU ON ACCOUNT OF ANY TECHNICAL FAILURE OF ANY DEVICE, EQUIPMENT, OR SERVICE OF ANY PARTY.

UNLESS YOU LIVE IN A STATE IN WHICH THE LIMITATIONS AND EXCLUSIONS IN THIS PARAGRAPH DO NOT APPLY, NEITHER JEWISH REVIEW OF BOOKS FOUNDATION NOR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES ARE LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON LOSS OR INJURY BECAUSE OF ERRORS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN OUR SITES OR ANY SERVICES OR MATERIALS AVAILABLE THROUGH THEM, INCLUDING LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION OF THIS AGREEMENT.  UNDER NO CIRCUMSTANCES WILL JEWISH REVIEW OF BOOKS FOUNDATION OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SITES OR SERVICES AVAILABLE THROUGH OUR SITES OR THIS AGREEMENT, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.

YOU AGREE TO INDEMNIFY, HOLD HARMLESS, AND, IF REQUESTED, DEFEND JEWISH REVIEW OF BOOKS FOUNDATION AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES AGAINST ALL LIABILITIES, LOSSES, DAMAGES, AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, THAT THEY MAY INCUR BASED ON CLAIMS ARISING OUT OF YOUR USE OF ANY OF OUR SITES OR ANY VIOLATION OF THIS AGREEMENT.  WE RESERVE THE RIGHT TO ASSUME, AT OUR EXPENSE, THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH WE ARE ENTITLED TO INDEMNIFICATION; AND YOU AGREE TO PROVIDE US WITH WHATEVER COOPERATION WE MAY REASONABLY REQUEST.

VII.     Disputes, Jurisdiction, and Information

Our Sites are located in the United States, and we cannot guarantee that any content or other product or service available on any site is appropriate, available, or legal elsewhere.  If you live elsewhere and choose to use a site, you are solely responsible for complying with any applicable local laws.

You agree that in any dispute with us of any kind, your sole remedy is to stop accessing a site or using your account, including, without limitation, canceling any fee-based services.  Your further agree that in any such dispute, (1) you will contact us and make a sustained, good faith effort to resolve the dispute before resorting to more formal means of resolution, (2) any court action must commence within one year after the underlying issue first arise, and (3) in any court action, (a) you will not resort to class action and (b) you specifically waive your right to trial by jury.  This agreement is governed by the laws of the State of New York applicable to agreements made and completely performed in the State of New York.  You irrevocably agree to bring any claim or dispute relating to the agreement or your use of any site exclusively in the state and federal courts located in the State and County of New York, to submit to the exclusive jurisdiction of those courts, and to waive any jurisdictional, venue, inconvenient forum, or other objection to those courts.  If a court of competent jurisdiction determines that any provision of the agreement is unenforceable for any reason, the remaining provisions will be enforceable to fullest extent permitted by law unless enforcement would deprive either party of a material benefit of the agreement.

Please address any questions about the Agreement, including the Privacy Policy, to [email protected].

VIII.    Privacy Policy

A.        In General: This Privacy Policy describes the information we collect through our sites, our use of the information, the choices you can make about our use.  By using a site, you agree to our collection and use of information about you in accordance with this Privacy Policy.

B.        Collecting Personal Information: We may collect personally identifiable information about you (“Personal Information”), such as your name, e-mail address, and zip code, when you voluntarily provide it, for example, by registering on a site to create an account that enables you to receive a newsletter or other content or services.  If provide such information, you may receive other communications from us concerning special news, events, or opportunities.  If you no longer wish to receive these communications, you may follow the opt-out instructions in the messages you receive, opt out via your account page on the site, or send your opt-out request to us via e-mail, to [email protected], or via mail, to Jewish Review of Books Foundation, 3091 Mayfield Road, Suite 412, Cleveland Heights, OH 44118, Attention: JRB Website Service.

C.        Our Treatment of Personal Information: Our servers are located in the United States.  If you are located outside the United States, the Personal Information you provide on a site will be transferred to the United States.  By using a site, you agree that Personal Information you provide on a site may be transferred to, and collected, stored, processed, and used in, the United States.  If you are located in the United States, our service providers may not be located in your geographic area in the United States.  By using a site, you agree that the Personal Information you provide on a site may be transferred to our service providers outside your geographic area.

We try to treat your Personal Information in a secure manner and safeguard it from unauthorized access.

HOWEVER, NO TRANSMISSION VIA THE INTERNET IS WHOLLY SECURE.  WE CANNOT GUARANTEE THE SECURITY OF YOUR PERSONAL INFORMATINON, AND YOU PROVIDE PERSONAL INFORMATION AT YOUR OWN RISK.

D.        Updating Personal Information: We will use reasonable efforts to allow you to review your Personal Information and, upon your instructions, to correct inaccuracies in your Personal Information in our databases.  If you wish to review and update your Personal Information, you can do so on your account page on the relevant site.  If you have any questions regarding our treatment of your Personal Information, you may send your request to us via e-mail, to [email protected], or via mail, to Jewish Review of Books Foundation, 3091 Mayfield Road, Suite 412, Cleveland Heights, OH 44118, Attention: JRB Website Service.

E.         Cookies: Our sites may use cookies, which are small data files placed on your computer.  For example, cookies keep track of whether you are logged in to your account.  You are not required to accept cookies from a site.  Your web browser allows you to disable the cookies function or delete existing cookies.  If you disable cookies, you will not be able to access your account and may not be able to access other features of the site.

F.         Collecting Anonymous Information: We may also collect anonymous information about a visitor to a site, such as the time and date of the visit, the length of the visit, the web pages viewed during the visit, the links followed, the order of pages viewed, the type of web browser used, the website that referred or linked the visitor to the site,  any third party destination that the visitor accessed upon leaving the site, and the domain name associated with the visitor’s computer, and the IP address associated with the computer, which identifies its location on the internet.  We collect this anonymous information through cookies and files stored on our servers in order to analyze the ways in which visitors use our sites so we can improve the content and services that the sites provide.  We do not use anonymous information to identify visitors individually except in circumstances where we may consider it necessary for legal or similar reasons or to protect our rights or the rights of a third party.

G.        Our Sharing Information with Third Parties: We share your Personal Information with companies that provide services to us related to our operation of our sites, including, without limitation, the company that services operates our mailing lists.  In addition, our sites may contain advertisements of goods and services placed by third party advertisers.  We may share anonymous information with advertisers about visitors to our sites, but we will not share your Personal Information with advertisers unless you authorize us to do so.  We may share your name, address, and e-mail address with our affiliates or other companies that wish to offer you goods or services, on a one-time rental or exchange basis.  If you would like to opt out of this feature and remove your name from any list we share, you may do so by informing us via e-mail, to [email protected], or via mail, to Jewish Review of Books Foundation, 3091 Mayfield Road, Suite 412, Cleveland Heights, OH 44118, Attention: JRB Website Service.  However, we have the right to disclose and use both anonymous information and Personal Information in order to meet special circumstances, which include, without limitation, enforcing this Privacy Policy or any other part of the User Agreement; complying with legal process or law enforcement; addressing actual or suspected illegal activity; protecting property or rights belonging to us or any other person; protecting any person’s safety; or for other reasons we determine in good faith to be necessary, appropriate, or required by law.  If we merges with, are acquired by, or otherwise consolidate with another organization, we may transfer Personal Information along with our other assets.

H.        Your Sharing Information with Third Parties: A site may include features that allow you to send communications about the site to third party recipients like friends and family.  When you use these features, the site collects address information about the third party recipients (“recipient information”).  We will not use recipient information for any purpose other than to send the communications you initiate.  We may keep recipient information for limited periods of time in order to resolve possible problems related to the communication process.  If recipients wish to have their recipient information deleted from our records, they may inform us via e-mail, to [email protected], or via mail, to Jewish Review of Books Foundation, 3091 Mayfield Road, Suite 412, Cleveland Heights, OH 44118, Attention: JRB Website Service.

I.          Your Linking to Third Party Destinations: Our sites may include links to third party destinations, whether made available by us or by third parties like advertisers.  Some of these links may be to websites hosted by our service providers, for example, the fulfillment house that processes our subscriptions.  When you click on one of these links, you leave our website and enter the third party destination.

OUR PRIVACY POLICY DOES NOT GOVERN THE USE OF YOUR PERSONAL INFORMATION BY THIRD PARTY DESTINATIONS TO WHICH YOU MAY LINK THROUGH OUR SITES.  WE ARE NOT RESPONSIBLE FOR THE USE OF YOUR PERSONAL INFORMATION BY THIRD PARTY DESTINATIONS.  IT IS YOUR RESPONSIBILITY TO CONSULT THE PRIVACY POLICIES OF THOSE THIRD PARTY DESTINATIONS IN ORDER TO DETERMINE THEIR USE OF YOUR PERSONAL INFORMATION.  YOU LINK TO THIRD PARTY DESTINATIONS AT YOUR OWN RISK.

J.          Children Under the Age of 13: Our sites are designed for use solely by individuals 13 years and older.  By using a site, you represent that you are at least 13 years old.  If you are not at least 13 years old, you may not use any of our sites.  We do not knowingly collect personally identifiable information from children under the age of 13.  If we learn that we have inadvertently collected any personally identifiable information from a child under the age of 13 without verified parental consent, we will delete the information.  If you are a parent or guardian and you believe that your child under the age of 13 may have provided personally identifiable information through Our Site, please inform us via e-mail, to [email protected], or via mail, to Jewish Review of Books Foundation, 3091 Mayfield Road, Suite 412, Cleveland Heights, OH 44118, Attention: JRB Website Service.