Terms and Conditions

Website Use – Hellohaftarah.com

Hello Haftarah, an Illinois limited liability company headquartered at 4044 N. Maplewood, Chicago, IL 60618 (“Company,” “we” or “us”), operates the website(s) located at hellohaftarah.com (“Website”). By using the Website, you agree to comply with all the terms, conditions and notices contained or referenced herein (the, “Policy”). In addition, when subscribing to or otherwise utilizing certain services from the Website, you will be subject to additional rules applicable to such services. The materials contained in this website are protected by applicable copyright and trademark law.

BY USING THE WEBSITE, YOU ACCEPT THE POLICY AND AGREE TO BE BOUND BY IT. YOUR REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR ITS CONTENTS IS TO CEASE USING THE WEBSITE. SEE OUR REFUND POLICY.

1. ACCESSING THE WEBSITE

You are responsible for any steps necessary for you to have access to the Website. We reserve the right to shut down or change the Website, and any service or material that we provide on the Website, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. If the site is down for an extended period of time, we will issue the appropriate refund.

2. INTELLECTUAL PROPERTY RIGHTS

(a) The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned and copyrighted by the Company, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted, are reserved by the Company. This Policy permits you to use the Website for your non-commercial use only.
(b) You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, without express written permission by the Company.
(c) You may not: (i) use any illustrations, photographs, video, logo, or audio or video sequences or any graphics separately from the accompanying text; or (ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website; or (iii) access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
(d) The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans, are trademarks of the Company or its affiliates or licensors. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.

3. PERSONAL INFORMATION COLLECTION AND USE; MEMBERS, SUBSCRIBERS, AND OTHER CUSTOMERS

We ask adult users (“you”) to provide information about themselves when: signing in to the member or subscriber portion of the Website; or engaging with customer service. We do not ask for personal information from children.

Basic Account Information: When you become a Hello Haftarah member or subscriber, you must provide an email address and a password. We may again ask for this information when you sign in or when you make changes to your account. IP addresses and transactional use may be retained to respond to customer service requests.
Payment Information: When you make a purchase of a Hello Haftarah product or service, whether it is for an online membership or other service, we require billing and shipping information. This information is handled with the utmost care. We engage a secure and nationally recognized payment processor using strong industry standard encryption for credit card transactions. Hello Haftarah does not store credit card numbers, nor do we have access to credit card numbers through our payment processor. In order to provide customer service, we retain the details of a purchase, such as the payment date, the billing address, and the shipping address.
Use of Information: We use the information we collect to operate, maintain, and enhance the services we provide, as well as to communicate with you about your account or send you emails about services or activities that may be of interest to you.
Third Parties: We do not rent or sell your personal information to third parties. We do share or disclose your personal information with our trusted vendors, but only as needed to provide our services. These vendor services may include hosting, email delivery, and payment services.

4. MONITORING; TERMINATION OF ACCESS

We have the right to (a) monitor your use of the Website, (b) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website, and (c) terminate or suspend your access to all or part of the Website in our sole discretion.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

5. YOUR REPRESENTATIONS AND OBLIGATIONS

(a) You may use the Website only for lawful purposes and in accordance with this Policy.
(b) You promise that: (i) you are of legal age in your jurisdiction to contract with the Company; (ii) you will not use the Website in any way that violates any applicable federal, state, local or international law or regulation; (iii) you will not send, knowingly receive, upload, download, use or re-use any material which does not comply with any content standards as determined by the Company in its sole discretion; (iv) you will not impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity; (v) you will not do anything that could disable, overburden, damage, or impair the operation of the Website or interfere with any person’s use of the Website; (vi) you will not use any robot, spider or other automatic program, device, process or means to access the Website for any unlawful purpose or in violation of this Policy; (vii) you will not introduce any malware, including but not limited to viruses, trojan horses, worms, logic bombs, rootkits or other material which is malicious or technologically harmful; (viii) you will not access or attempt to access data or files on the Website that you are not expressly authorized to access, and (ix) you will not co-brand or frame the Website or hyper-link to it without the express prior written permission of an authorized representative of the Company.

6. COPYRIGHT INFRINGEMENT

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement where appropriate. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing, in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is Marci Sepulveda, founder of Hello Haftarah LLC.

If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective and may be disregarded in our sole discretion. If you knowingly misrepresent that material or activity on the Website is infringing your copyright, you may be legally liable for damages (including costs and legal fees).

7. RELIANCE ON INFORMATION

The information presented on or through the Website is made available solely for general information purposes. Although we do our best to ensure that our information is accurate, there is such a diverse way that people use this information, and it can come in many forms. The information presented on or through the Website is subjective and is opinion, designed to be helpful to the users. The Company makes no representations or warranties whatsoever regarding the quality of the information. We do not make any statements regarding the accuracy, completeness, or usefulness of this information. The advice and strategies contained herein may not be suitable for every situation. There may be errors and omissions on the Website or in its content. The Company is not engaged in rendering professional services. If professional advice or other expert assistance is sought, the services of a competent professional should be sought. Any reliance you place on such information is strictly at your own risk, and under no circumstances shall the Company be liable for any loss suffered because of such reliance. The Website includes content provided by third parties, including materials provided by other users and third-party licensors. We are not responsible, or liable to you or any third-party, for the content or accuracy of materials provided by any third parties.

8. PRIVACY

All information we collect on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Any user contribution you post to the site will be considered non-confidential and non-proprietary. By providing any user contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the user contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your user contributions do and will comply with these Terms and Conditions.
You understand and acknowledge that you are responsible for any user contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any user contributions posted by you or any other user of the Website.

9. REFUND POLICY

All fees paid to Hello Haftarah are non-refundable, unless requested with 24 hours of purchase. If, for any reason, you’re unable to use the purchased services, contact support@hellohaftarah.com and our support team will be happy to assist you. Subscriptions can be canceled at any time. Once a subscription is canceled, you will no longer be charged for subsequent terms. If you choose to cancel your recurring monthly note that you will not receive a refund for the current billing period when canceling your subscription but will continue to have access to features for the remainder of the billing period, regardless of the cancellation. Once your subscription ends, your video access account will close.

10. SUBSCRIPTIONS AND OTHER TERMS AND CONDITIONS

In addition to this Policy and the Privacy Policy (together, the “Website Policies”), all subscriptions to the Company’s products and services, are governed by any applicable terms of service, or other conditions, depending on the type of product/service/subscription you are using.

11. LINKS TO THIRD PARTY SITES

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of such sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party websites.

12. LINKS TO THE WEBSITE AND SOCIAL MEDIA FEATURES

You may link to our homepage, but you may not establish a link in such a way as to suggest any form of association, approval or endorsement on our part (unless you have received the express written consent of the Company’s chief executive officer). The Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on the Website
Send e-mails or other communications with certain content or links to specific content on the Website.
Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by the Company, and solely with respect to the content they are displayed in connection with, and otherwise in accordance with any additional restrictions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Website or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Website other than the homepage
Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of this Policy.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with any content standards determined by the Company in its sole discretion. You agree to cooperate with us in causing any unauthorized framing or linking to cease immediately. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our sole discretion.

13. DISCLAIMERS

YOUR USE OF THE WEBSITE, OR ITEMS OR INFORMATION OBTAINED THROUGH THE WEBSITE, IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY PROMISES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY PROMISE, WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY PROMISES, REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITEMS OR INFORMATION OBTAINED THROUGH THE WEBSITE OR ANY PORTION THEREOF WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS LICENSORS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, LOSS OF DATA, OR LOSS OF PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM OUR WEBSITE. YOU WILL BE RESPONSIBLE FOR ALL CLAIMS AND DAMAGES RESULTING FROM THE MISUSE OF THE WEBSITE BY YOU.

15. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms and conditions or your use of the Website, including, but not limited to, your user contributions, any use of the Website’s content, services, and products other than as expressly authorized in these terms and conditions, or your use of any information obtained from the Website.

16. CHANGES

We reserve the right, in our sole discretion, to change the terms of this Policy at any time. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such terms and conditions.

17. EQUITABLE RELIEF

You acknowledge that a breach of any proprietary rights provision of this Policy may cause the Company irreparable damage, for which the award of damages would not be adequate compensation. Consequently, the Company may institute an action to enjoin you from all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and the Company may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which the Company may be entitled at law or in equity.

18. WAIVER AND AMENDMENT

No waiver of any right, obligation or default by the Company shall be implied, but must be in writing, signed by an authorized agent of the Company. If the Company fails to insist upon strict performance of your obligations under any of these terms and conditions, or if the Company fails to exercise any of the rights or remedies to which it is entitled under this Policy, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. No waiver by the Company of any default will constitute a waiver of any subsequent default, and no waiver by the Company of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

19. SEVERABILITY

If any provision of this Policy is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Policy will remain in full force and effect.

20. GOVERNING LAW AND VENUE

This Policy shall be construed and governed by the laws of the State of Illinois, without regard to its principles of conflict of laws. You agree that any legal action or proceeding in connection with the Website, its contents, or this Policy shall be brought in the Circuit Court of Cook County, Illinois, or, if the jurisdictional prerequisites exist, in the United States District Court for the Northern District of Illinois, Eastern Division, and you expressly waive any objection to the jurisdiction or venue of such Courts.

21. GEOGRAPHIC RESTRICTIONS

Software, functionality, and/or features (collectively, “Content”), that may be available on or through the Website from time-to-time, may be subject to United States Export Controls. No Downloadable Content from the Website may be downloaded or exported (i) into (or to a resident of) Cuba, Libya, North Korea, Iraq, Iran, Syria, or any other country which the United States has embargoed goods or otherwise restricted the exportation of software; or (ii) by anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using any Downloadable Content, 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. Although the Website may be accessible worldwide, we make no representation that the content on the Website is appropriate or available for use in locations outside the United States. Accessing the Website or its content from territories where such content is illegal is prohibited. Those who choose to access the Website from other locations do so at their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Website or its Content is void where prohibited.

Hello Haftarah is located in the United States, and the services are hosted in and designed for visitors located within the United States. If you choose to use the Services from the European Union or other regions of the world with laws governing data collection and use that differ from U.S. law, please be aware that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Website. By providing any information, including personal information, you consent to such transfer, storage, and processing. If you do not so consent, please do not provide information or use the services from outside the U.S.

22. COMPLETE UNDERSTANDING

This Policy, together with the documents expressly referred to herein, constitutes the sole and entire agreement between you and the Company with respect to the Website and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website. No representation, inducement, promise or agreement, oral or written has been made by the Company or anyone acting on its behalf which is not contained herein.

23. FUTURE BUSINESS TRANSACTIONS

As we continue to develop our business, we might undergo a change of ownership such as a merger and/or a sale of all or substantially all our stock or assets. In such transactions, user information generally is one of the transferred business assets, and by submitting any data or contributions (collectively, “Data”) to us, you agree that such Data may be transferred to such parties in these circumstances.

24. YOUR COMMENTS AND CONCERNS

The Website is operated by Hello Haftarah LLC, an Illinois limited liability company headquartered at 4044 N. Maplewood, Chicago, IL 60618. If you have any questions, please contact us via email at info@hellohaftarah.com or mail us at the above address.

December 2023