NeveKesher MEMBER USER AGREEMENT


NeveKesher Terms & Conditions

Welcome to NeveKesher.com ("NeveKesher"), the Service operated by Woodmere Asset Management, Inc. (said Corporation to be referred to as "NeveKesher") where singles join as Members to be matched up by Matchmakers and meet other Members, whose principal office is located at 8417 Midland Parkway, Jamaica, NY 11432. By using the NeveKesher .com Website (the "Site" or "Website") you agree to be bound by this NeveKesher Member User Agreement (this "Agreement"), whether or not you register as a member ("Member"). If you wish to become a Member and communicate with other Members and Matchmakers and make use of the NeveKesher service (the "Service"), read this Agreement and indicate your acceptance of it by following the instructions in the Registration process.

This Agreement sets out the legally binding terms of your use of the Website and your terms of becoming a Member (“Membership”) in the Service and may be modified by NeveKesher from time to time, such modifications to be effective upon posting by NeveKesher on the Website. This Agreement includes NeveKesher 's "Acceptable Use Policy for Content Posted on the Website" and any notices regarding the Website. You may also receive a copy of this Agreement by emailing us at: legal@NeveKesher.com, Subject: Member User Agreement. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT REGISTER FOR THE SERVICE.

In these conditions the following words have the following meanings unless the context requires otherwise:

"Agreement" means the agreement between You and Us incorporating these terms and conditions for the provision of the Service;

“We, Us, Our" means NeveKesher

"You, Your, Yourself"means the person whose application for Membership of the Service is accepted by Us.

ELIGIBILITY. You must be eighteen or over to become a Member of NeveKesher or to register for use of this Site. By becoming a Member, you represent and warrant that you are at least 18 years old. Membership in the Service is void where prohibited. By using this Site, You represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

TERM.This Agreement will remain in full force and effect while you use the Site and/or are a Member of NeveKesher . NeveKesher may terminate your Membership for any reason effective upon sending notice to you at the email address you provide in your application for Membership or such other email address as you may later provide to NeveKesher . If NeveKesher terminates your Membership in the NeveKesher Service because you have breached the Agreement, you will not be entitled to any refund of any unused NeveKesher Membership fees. Even after this Agreement is terminated, certain provisions of this Agreement will remain in effect.

TERMINATION. This Agreement will remain in full force and effect while You use the Service and/or are a Member. You may terminate your Membership at any time, for any reason by following the instructions in the Manage Account section of the Site, or upon receipt by Us of Your written or email notice of termination. Either You or Us may terminate your Membership by removing your profile at any time, for any reason, without explanation. Upon such termination by Us, We shall refund, pro rata, any unused portion of any Membership fees that have been received from You provided that We determine in our sole discretion that there has not been any breach of this Agreement by You. Provided that We determine in our sole discretion that there has been any breach of this Agreement by You, We shall not be liable to You for any refund of any unused portion of any Membership fees and may continue to bar Your use of the Service in the future. Even after Membership is terminated, this Agreement will remain in effect.

MEMBERSHIP. As a condition of Membership, you agree to provide true, accurate, current, and complete information about yourself as prompted during the registration process, including but not limited to your contact information and billing information. You agree to maintain and update this information and to keep it true, current, and complete. If any information provided by you is untrue, inaccurate, noncurrent, or incomplete, NeveKesher has the right to terminate your account and refuse any and all current or future use of NeveKesher .

Membership Categories. NeveKesher is a Membership Service.

Free Basic Membership. Requires that you provide certain personal data and have a valid and verified email address. As a Free Basic Member you have limited access to features of the Service. Although you may register as a Member of the Service for free, if you wish to communicate with Matchmakers, accept matches with other members and use certain other parts of the Service, you must become a Gold Member and pay the fees that are set out in our price list.

Gold Membership. A Full Member has unlimited access to all features of the Service. The Full Membership requires a monthly Membership fee. This fee may vary from Member to Member due to many factors including date of sign-up and duration of Membership.

PROHIBITED. Multiple Memberships. Members are entitled to a single Free Basic Membership. It is against NeveKesher policy for an individual to sign-up multiple Free Basic Memberships. NeveKesher reserves the right to remove multiple Membership accounts. INDIVIDUALS WHO TRY TO SIGN UP MULTIPLE FREE BASIC MEMBERSHIPS ARE COMMITTING FRAUD AND NeveKesher RESERVES THE RIGHT TO PURSUE ALL LEGAL ACTIONS, INCLUDING CIVIL PROSECUTION TO PROTECT ITS SERVICE FROM FRAUD. NeveKesher WILL PROTECT THE SAFETY AND INTEGRITY OF ITS SERVICE.

NeveKesher may add, modify, remove Membership Categories at will.

Fees and Payments. Members of NeveKesher who join to use the Service, pay a monthly Membership fee which is determined solely by NeveKesher and paid to NeveKesher .

You agree to pay or have paid all fees and charges incurred in connection with your Membership with the Service (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are non-refundable. We may change the fees and charges in effect for using the Service, or add new fees or charges. You also are responsible for any fees or charges incurred to access the Service through an Internet access provider or other third party service, including but not limited to telephone charges.

MEMBERSHIP FEES ARE NON-REFUNDABLE. Any unused Membership fees will not be refunded.

Acceptable Use Policy for Content Posted on the Website.

a. You understand and agree that NeveKesher may delete any content, messages, photos, video or profiles (collectively, "Content") that in the sole judgement of NeveKesher violate the Agreement or which might be offensive, illegal or that might violate the rights, harm or threaten the safety of other NeveKesher and/or its Members.

b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the NeveKesher Service, or transmit to other NeveKesher Members and/or Matchmakers.

c. By posting Content to any public area of NeveKesher , you automatically grant, and you represent and warrant that you have the right to grant, to NeveKesher , other NeveKesher Members and Matchmakers an irrevocable, perpetual, non-exclusive, royalty free, world-wide license to use, copy, perform, display and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such information and Content, and to grant and authorize sublicenses of the foregoing.

d. The following is a partial list of the kind of Content that is illegal or prohibited on the Site. NeveKesher will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the Membership of such violators. It includes Content that:
• is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
• promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
• promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
• contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page) ;
• displays pornographic or sexually explicit material of any kind;
• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
• solicits passwords or personal identifying information for commercial or unlawful purposes from other Members or Matchmakers; and
• engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

e. Opinions, advice, statements, offers, or other information or Content made available through the Service, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such Content. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OR ANY INFORMATION ON THE SERVICE AND NEIGHER WE ADOPT NOR ENDORSE NOR RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY PARTIES OTHER THAN US. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO MEMBERS.

f. You must use the NeveKesher Service in a manner consistent with any and all applicable laws and regulations.

g. You may not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk E-mail to other NeveKesher Members or Matchmakers. Although NeveKesher cannot monitor the conduct of its Members or Matchmakers off the NeveKesher Site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any Member or Matchmaker without their prior explicit consent.

h. WE RESERVE THE RIGHT, BUT WE HAVE NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE SERVICE. WE SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT IN OUR SOLE OPINION VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE E-MAIL MESSAGES.

USE OF THE SERVICE. As a Member, You agree that:

a. We reserve the right, but We have no obligation, to reject any profile or photo that does not comply with the Content prohibitions and have no obligation to alert you and We shall not refund You unused Membership fees.

b. E-mail communications sent from Us or through Us are designed to make your online dating experience exciting. By becoming a member you specifically agree to accept and consent to receiving e-mail communications initiated from Us or through Us these include: message notification e-mails, match notification e-mails, status-update e-mails, e-mails informing you about events and parties We organize, e-mails informing you of promotions We run and e-mails informing You of new and existing features We provide. Should You not wish to receive any of our e-mail communications please do not register with Us for the Service or terminate your Membership with Us.

c. Mass e-mails to those affiliated with the site including but not limited to Matchmakers and members are strictly PROHIBITED. If We find any actions such as these We reserve the right, but We have no obligation, to cancel, delete, or remove any profile and We shall not refund You unused Membership fees.

d. You agree that We have no responsibility or liability for the deletion, corruption or failure to store any messages or other Content maintained or transmitted by Our Service. You acknowledge that features, parameters or other services We provide may change at any time.

e. You agree that We have no responsibility or liability for the establishments on our Discount List. We do not warrant that an establishment on the Discount List will honour a discount that is posted on the Website and it is at the sole discretion of the establishment. Please inform Us if an establishment is not honouring their discount agreement at support@NeveKesher.com .

f. Our customer service Employees and Matchmakers are here to make your online experience much more pleasing by providing assistance and guidance to You. When speaking to Our customer service Employees and Matchmakers on the phone, or in communicating with them by any other means, You undertake not to be abusive, obscene, profane, offensive, sexually oriented, threatening, harassing or racially offensive. Should any of Our customer service Employees or Matchmakers feel, at any given point, threatened or offended by Your conduct, we reserve the right to immediately terminate Your Membership and You shall not be entitled to any refund of unused Membership fees.

g. We are entitled to investigate and terminate Your Membership if You have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. If You are found to have violated this Agreement Your Membership and You shall not be entitled to any refund of any unused Membership fees. The following is a partial list of the type of actions that are illegal or prohibited under this Agreement:
1) You will not impersonate any person or entity.
2) You will not “stalk” or otherwise harass any person.
3) You will not express or imply that any statements you make are endorsed by Us, without Our specific prior written consent.
4) You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its Contents.
5) You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
6) You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
7) You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Service or the site.
8) You will not use the password of any Member, Matchmaker or any other individual other than Yourself.
9) You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
10) You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
11) You will not “frame” or “mirror” any part of the Service, without Our prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Us or the Service or the site in order to direct any person to any other web site for any purpose.
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause others to do so.

LIABILITY.You acknowledge that NeveKesher cannot ensure the personal security or privacy of any Member as a consequence of any Members' meeting or encounter with any other individual through the NeveKesher Service. Further, NeveKesher does not have a responsibility to perform any screening, background checks, or verification of any information provided to it by its Members or Matchmakers, and it is the responsibility of each Member to take any steps deemed advisable to ensure their personal safety and security.

You acknowledge that although NeveKesher does ask questions about a member’s Jewish status they cannot ensure the validity of such information. It is the responsibility of each member to verify this information.

NeveKesher cannot ensure security or privacy of information that you provide through the Internet and your email messages, and you release Us and Matchmakers from any and all liability in connection with the use of information by other parties including other Members and Matchmakers.

NeveKesher and Matchmakers are not responsible for the use by others of any information, which you provide to them, and you should use caution in selecting the personal information you provide to others through NeveKesher .

NeveKesher , and Matchmakers cannot assume any responsibility for the content of any messages sent by other Members or Matchmakers, and you release us from any and all liability in connection with the contents of any communications you may receive from other Members or Matchmakers.

You will defend, indemnify, and hold harmless NeveKesher , officers, directors, employees, Matchmakers, agents and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of the NeveKesher Service, including any breach by you of the terms of this Agreement.

NON COMMERCIAL USE BY MEMBERS. The Site is for the personal use of individual Members only and may not be used in connection with any commercial endeavours by you. Organisations, companies and/or businesses may not become Members of NeveKesher and should not use the NeveKesher Service or Site for any purpose. Illegal and/or unauthorized uses of the Site, including also, unauthorized framing of or linking to the Site will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress.

PROPRIETARY RIGHTS. NeveKesher owns and retains other proprietary rights in the NeveKesher Site and the NeveKesher Service. The Site contains the copyrighted material, trademarks, and other proprietary information of NeveKesher and its licensors. In addition, other Members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, “Reverse Engineer” or sell any such proprietary information.

COPYRIGHT POLICY.You may not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the NeveKesher Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on our Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. NeveKesher Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

NeveKesher Counsel, 8417 Midland Parkway, Jamaica , NY 11432, Attn: Copyright Policy.

MEMBER DISPUTES. You are solely responsible for your interactions with other NeveKesher Members or Matchmakers. NeveKesher reserves the right, but has no obligation, to monitor disputes between you and other Members and/or Matchmakers.

PRIVACY. Our Privacy Policy governs use of the NeveKesher Site and/or the NeveKesher Service. The personal information (including sensitive personal information) You provide to Us will be stored on computers. You consent to Us using this information to build up a profile of interests, preferences and browsing patterns and to allow You to participate in the Service. All Members also agree to uphold and maintain Our Privacy Policy and to the terms and conditions thereof. If you are located outside of the United States , please note that the information you provide is being sent to the United States . By becoming a member of the Service, you consent to your data being sent to the United States and to such other third parties as may be involved in the provision and operation of the Service. You may read a full description of our Privacy Policy.

DISCLAIMERS. NeveKesher is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the NeveKesher Service, whether caused by Members, Matchmakers or by any of the equipment or programming associated with or utilised in the Service, nor for the conduct of any Member and/or Matchmakers of the NeveKesher Service whether online or off-line. NeveKesher assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, User and/or Member communications. NeveKesher is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Members and/or Matchmakers or to any other person's computer related to or resulting from participating or downloading materials in connection with the NeveKesher Site and/or in connection with the NeveKesher Service. Under no circumstances will NeveKesher be responsible for any loss or damage resulting from anyone's use of the Site or the Service and/or any Content posted on the NeveKesher Site or transmitted to NeveKesher Members and/or Matchmakers. The Site and the Service are provided "AS-IS" and NeveKesher expressly disclaims any warranty of fitness for a particular purpose or non-infringement. NeveKesher cannot guarantee and does not promise any specific results from use of the Site and/or the NeveKesher Service.

LIABILITY LIMITATIONS. In no event will NeveKesher be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Site or the NeveKesher Service, even if NeveKesher has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, NeveKesher ’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to NeveKesher for the Service during the term of Membership. You also agree that NeveKesher will incur no liability for its ordinary negligence directly or indirectly connected with this Agreement, and you hereby waive any such claim.

U.S. EXPORT CONTROLS. Software from this Site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

AGREEMENT MODIFICATION and ASSIGNMENT. NeveKesher reserves the right to change any of the terms and conditions in this agreement, at any time and in its sole discretion, by posting a new agreement on our Website. Without limiting the generality of the foregoing, fee schedules, and all other provisions of this agreement are subject to change without notice other than posting such information on our Website. Neither the rights nor the obligations arising under this Agreement are assignable or transferable by You, and any such attempted assignment or transfer shall be void and without effect. NeveKesher may assign this Agreement to any successor, affiliate or assignee.

DISPUTES. You agree that this Agreement and any dispute about it or any dispute involving the Site and/or the Service, by using the Site, will be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of New York , City of New York .

INDEMNITY. You agree to indemnify and hold NeveKesher , its subsidiaries, affiliates, officers, agents, matchmakers, those endorsing the site, other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, sustained or made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

(i) Your breach of this Agreement; (ii) any allegation that any materials that You submit to Us or transmit to the Service infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) Your activities in connection with the Service. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

OTHER. This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the NeveKesher Service, contains the entire agreement between you and NeveKesher regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Any questions regarding this Agreement should be sent to legal@NeveKesher.com

This Agreement and the NeveKesher Service are Copyright © 2017 Woodmere Asset Management, Inc. NeveKesher is a trademark of Woodmere Asset Management, Inc.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.