TERMS OF USE

Last Updated on December 13, 2019.  These Terms of Service (hereinafter “Terms”) are effective immediately for users accessing or using the Service without an Account or registering Accounts on or after December 13, 2019, and will become effective immediately.

User Terms of Service

These Terms of Service (hereinafter “Terms”) are effective immediately for users accessing or using the Service without an Account or registering Accounts on or after March 14, 2019, and will become effective immediately.

[Copyright © 2019 Passover Listings LLC],

NOTICE TO ALL PUBLISHED BUSINESSES:

Passover Listings LLC., PUBLISHES BUSINESS INFORMATION SO THAT CONSUMERS CAN SHARE THEIR EXPERIENCES ABOUT JUDAIC HOLIDAY SERVICES RENDERED BY BUSINESSES, AND BECAUSE THE INFORMATION IS TYPICALLY A MATTER OF PUBLIC RECORD AND PUBLIC CONCERN. THEREFORE WE DON’T REMOVE SUCH INFORMATION FROM THE SITE.

WHILE WE UNDERSTAND THAT SOME BUSINESS OWNERS AND THEIR AFFILIATES MIGHT PREFER TO KEEP A LOW PROFILE, AND MAY OBJECT TO HAVING THEIR BUSINESS PUBLISHED, IT’S IMPORTANT (AND A LEGAL RIGHT) FOR CONSUMERS TO BE ABLE TO FIND AND SHARE HELPFUL INFORMATION ABOUT PASSOVER HOLIDAY SERVICES/PROGRAMS AND BUSINESSES.

IF YOU NEED TO UPDATE, EDIT OR CHANGE THE INFORMATION ON YOUR BUSINESS PROFILE PAGE, CONTACT US AT PASSOVER LISTINGS LLC. AND SUBMIT A DETAILED NOTE WITH ANY SUPPLEMENTARY INFORMATION.

IF YOUR BUSINESS IS PERMANENTLY CLOSED, PLEASE LET US KNOW BY SENDING A MESSAGE TO PASSOVER LISTINGS LLC. ON OUR CONTACT US PAGE (FOR EXAMPLE, TO INFORM USERS THAT THE BUSINESS IS CLOSED.) AND SUBMIT A DETAILED NOTE WITH ANY SUPPLEMENTARY INFORMATION.

PLEASE NOTE: THESE TERMS INCLUDE DISPUTE RESOLUTION THAT, WITH LIMITED EXCEPTIONS, REQUIRE THAT (1) CLAIMS YOU BRING AGAINST PASSOVER LISTINGS, OUTSIDE THE SCOPE OF THE CONTRACTUAL AGREEMENT, BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND (2) YOU WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING.

Welcome to PassoverListings.com. The following Terms of Service were created for your and the community’s benefit to gain access to the PassoverListings.com services. These Terms of Service shall serve as the rules that govern all access, communications and use of the services provided (herin after; the “Service”). In using the Service, you are agreeing to these Terms of Service, which form a legally binding contract with: (i) Passover Listings LLC. including PassoverListings.com, and the Facebook group “Passover Program Reviews” and the Facebook Page “Passover Listings”, and Instagram “Passover Listings” (Hereinafter: “Passover Listings”). Do not access or use the Service if you are unwilling or unable to be bound by the Terms.

 

  1. DEFINITIONS
    1. Parties to this agreement. You” and “your” collectively refer to you, as a user of the Service.
      1. A “user” is someone who accesses or has accessed, or in any way, directly or indirectly uses the Service.
      2. “Passover Listings,” “PassoverListings.com,” “We,” “us,”, or “our”refers to Passover Listings LLC. and its subsidiaries.
    2. Content of Site and Services. Content” means texts, posts, images, and all other forms of data or communication.
      1. Your Content” refers to Content that you submit or transmit through, or in connection with the Service. This includes but is not limited to reviews, posts, photos, ratings, compliments, direct messages, and any and all information that has been contributed by you.
      2. User Content” refers to Content that users submit or transmit to, through, or in connection with the Service.
      3. Passover Listings Content” refers to Content that We create and make available in connection with the Service.
      4. Third Party Content” refers to Content that has been originated from parties other than Passover Listings or its users, which is made available in connection with the Service.
      5. Service Content” refers to all of the Content that is made available in connection with the Service, including Your Content, User Content, Passover Listings Content, and Third Party Content.
    3. Sites and Accounts. “Site” means Passover Listings’ website/s and related domains, including but not limited to www.Passoverlistings.com.
      1. “Consumer Account” refers to and and all the account/s created or originated by you, in order to access or use the Service.
      2. Business Account” refers to the account you create to access or use the Site as Passover Listings for Programs and/or Business Owners.
      3. Account” refers to any Consumer Account or Business Account.

 

  1. GENERAL TERMS OF SERVICE
    1. Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party, except as expressly stated.
    2. Passover Listings hereby reserves the full right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.
    3. The Terms shall supersede any prior agreement between you and us on such subject matter, and contain the entire agreement between you and us regarding the use of the Service. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
    4. The Terms may not be waived, except pursuant to a writing executed by Passover Listings. If any provision of the Terms is found to be unenforceable or invalid by an arbitrator or a court of competent jurisdiction, then ONLY that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
    5. In the event of a failure on Passover Listings’ part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Passover Listings’ prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.

 

  1. CHANGES TO THESE TERMS
    The PASSOVER LISTINGS Terms of Service herein, do change and are edited on an ongoing basis, as such You agree that all usage of the Service is managed, regulated and thus governed by the Terms effective any time you access or make use of the said Service. Moreover, any and all ongoing access and use of the Service after the effective date of changes to the Terms represents your retroactive acceptance of such changes.

 

  1. REPRESENTATIONS AND WARRANTIES
    1. EXCEPT AS OTHERWISE STATED HEREIN, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES AS TO THE NUMBER OF VISITORS TO OR PAGES DISPLAYED ON THE SITE OR THE FUNCTIONALITY, PERFORMANCE, OR RESPONSE TIMES OF THE SITE. WE DISCLAIM AND SHALL NOT BE LIABLE FOR ANY OTHER LOSS, INJURY, COST OR DAMAGE SUFFERED BY YOU OR ANY USER OR ANY THIRD PARTY AND SHALL IN NO EVENT BE LIABLE FOR CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS. THIS PROVISION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF THESE TERMS.
    2. Passover Listings is hereby under no obligation to enforce the Terms on your behalf against another user or third party. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion. You represent and warrant that (1) You have read and understood our Content Guidelines; and (2) You have read and understood our Privacy Policy. If you use the Service outside of the United States of America, you consent to having your personal data transferred to and processed in the United States of America. You also represent and warrant that you will not, and will not assist, encourage, or enable others to use the Service to: (1) Violate our Terms, including the Content Guidelines and Event Terms and Conditions; (2) Post any fake or defamatory review, trade reviews with others, or compensate someone or be compensated to post, refrain from posting, or remove a review; (3) Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (4) Threaten, stalk, harm, or harass others, or promote bigotry or discrimination; (5) Promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes, except in connection with a Business Account in accordance with the Business Terms; (6) Violate any applicable law;   Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Service Content (other than Your Content), except as expressly authorized by Passover Listings;  Use any robot, spider, Service search/retrieval application, or other automated device, process or means to access, retrieve, copy, scrape, or index any portion of the Service or any Service Content, except as expressly permitted by Passover Listings. (7) Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service.

 

  1. RESPONSIBILITY FOR YOUR CONTENT.                                                                     It is imperative that you fully understand that You alone are solely responsible for Your Content. By posting content You have assumed all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Passover Listings.
    1. Liability of Content. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, service mark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates these Terms.
    2. Our Right to Use Your Content. We reserve the right to use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us non-exclusive transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Passover Listings and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
    3. Advertising. Passover Listings and its licensees may publicly display advertisements, paid content, and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
    4. Other. User Content (including any that may have been created by users employed or contracted by Passover Listings) does not necessarily reflect the opinion of Passover Listings. Except as required by law, we have no obligation to retain or provide you with copies of Your Content, and we do not guarantee any confidentiality with respect to Your Content. We reserve the right to remove, screen, edit, or reinstate User Content at our sole discretion for any reason or no reason, and without notice to you. Passover Listings does not attempt to verify any licenses a local business or its representatives may have, and consumers should inquire about any such licenses with the business directly.
  2. ADDITIONAL POLICIES AND TERMS
    1. Copyright and Trademark Disputes. You agree to notify us about copyright and trademark disputes concerning User Content. You agree we may forward any notification sent to the user who submitted the User Content at issue.
    2. Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines that we may post on or link to from the Service (the “Additional Terms”). All such Additional Terms are hereby incorporated by reference into, and made a part of these Terms. If you have a Business Account, the Business Terms provided below apply to you.

 

  1. USING THE SERVICE
    1. Eligibility. To use the Service, you must have the requisite power and authority to enter into these Terms. You may not access or use the Service if you are a competitor of Passover Listings or if we have previously banned you from the Service or closed your Account.
    2. Permission to Use the Service. We grant you permission to use the Service subject to these Terms. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, incomplete, fails to provide adequate warning about potential risks or hazards, or is otherwise inappropriate.
    3. Service Availability. The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
    4. Accounts. To use the Service you must create an Account and provide certain information about yourself. You are solely responsible for the confidentiality of your Account password. You are solely responsible for all activities in connection with your Account. You must notify us immediately of any unauthorized use of your Account. We reserve the right to close your Account at any time for any or no reason. We may use and send your information to deliver and receive other promotional program advertisements or content  (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness. We may share your information with our business partners to offer you certain products, services or promotions. Once information is entered into our website and terms of use are agreed upon, we may share your information with other related Passover programs, tailored to your interests and/or location and to measure its effectiveness.

Your Consumer Account is for your personal, non-commercial use only, and you may not create or use a Consumer Account for anyone other than yourself. We ask that you provide complete and accurate information about yourself when creating an Account in order to bolster your credibility as a contributor to the Service. You may not impersonate someone else, provide an email address other than your own, create multiple Accounts, or transfer your Consumer Account to another person without Passover Listings’ prior approval.

    1. Communications from Passover Listings and Others. By using the Service, you agree to receive communications from other users and Passover Listings through the Service. These communications may promote Passover Listings or businesses listed on Passover Listings, and may be done by or other users.

 

  1. BOOKING AND TRANSACTING
    1. Generally. You may be able to access features through the Service that allow you to book or transact online, such as making Passover Holiday Reservations, or scheduling appointments to inquire about such said services. These features may be provided by Passover Listings’ third-party partners, and their use may be governed by different or additional terms presented to you as part of the booking or transaction process. Please note that such third-party partners and/or the transacting local businesses themselves are responsible for fulfilling such bookings and transactions.
  1. THIRD PARTY CONTENT AND SERVICES
    1. The Service may host Third Party Content, or include links to other websites or applications (each, a “Third Party Service”). We do not control or endorse any Third Party Content or Third Party Service. You agree that we are not responsible for the availability, accuracy, or content of any such Third Party Content or Third Party Service. Your use of and reliance on any Third Party Content or Third Party Service is at your own risk.
    2. Some of the services made available through the Service and Third Party Services may be subject to additional third party terms of service, privacy policies, licensing terms and disclosures, and other terms, conditions, and policies, including without limitation the ones posted here. It is your responsibility to familiarize yourself with any such applicable third party terms.
  2. INDEMNITY

You agree to indemnify, defend, and hold harmless Passover Listings, its officers, directors, employees, agents, contractors and representatives of each of them (collectively, the “Passover Listings Entities”) from and against any and all third party claims, actions, demands, losses, damages, costs, liabilities and expenses (including but not limited to attorneys’ fees and court costs)  arising out of or relating to: (i) your access to or use of the Service, including Your Content, (ii) your violation of the Terms, (iii) your breach of your representations and warranties provided under these Terms, (iv) any products or services purchased or obtained by you in connection with the Service, (v) your products or services, or the marketing or provision thereof to end users, or (vi) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. Passover Listings reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Passover Listings. Passover Listings will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

  1. DISCLAIMERS AND LIMITATIONS OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE PASSOVER LISTINGS ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. BY ACCESSING OR USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

    1. THE SERVICE AND SERVICE CONTENT ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE PASSOVER LISTINGS ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT OR THIRD PARTY CONTENT. AS SUCH, YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. THE PASSOVER LISTINGS ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE SERVICE, ITS SAFETY OR SECURITY, INCLUDING WITHOUT LIMITATION THE SECURITY OF YOUR DATA, OR THE SERVICE CONTENT. ACCORDINGLY, THE PASSOVER LISTINGS ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICE’S INOPERABILITY, DEPLETION OF BATTERY POWER OR OTHER IMPAIRMENT OF DEVICES USED TO ACCESS THE SERVICE, SERVICE UNAVAILABILITY, SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT OR OMISSION OF CONTENT, ORDER, AND DISPLAY), METRICS OR OTHER CONTENT FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SERVICE.

 

    1. THE PASSOVER LISTINGS ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SERVICE OR THAT OFFER GOODS OR SERVICES THROUGH THE SERVICE, OR THE SERVICE’S USERS. ACCORDINGLY, THE PASSOVER LISTINGS ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE FROM ANY SUCH THIRD PARTY’S ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SERVICE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK.

 

    1. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE, RELATED SERVICES, OR ANY OTHER GRIEVANCE/S SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.

 

    1. THE PASSOVER LISTINGS ENTITIES’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PASSOVER LISTINGS ENTITIES WILL NOT BE LIABLE FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS OR REVENUE, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, (v) LOSS OF INFORMATION OR DATA; OR (vi) LIABILITY WITH RESPECT TO A CONSUMER ALERT POSTED ON ANY PASSOVER LISTINGS BUSINESS PAGES FOR YOUR BUSINESS. THE WAIVERS AND LIMITATIONS SPECIFIED IN THESE TERMS WILL SURVIVE AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

 

  1. ARBITRATION, DISPUTES, AND CHOICE OF LAW
    1. If you are a resident of the United States or Canada:
      1. EXCEPT FOR EXCLUDED CLAIMS: ANY CLAIM, CAUSE OF ACTION, REQUEST FOR RELIEF OR DISPUTE THAT MIGHT ARISE BETWEEN YOU AND PASSOVER LISTINGS (“CLAIMS”) MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS; YOU AND WE AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN OUR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND PASSOVER LISTINGS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. YOU AND PASSOVER LISTINGS EXPRESSLY WAIVE THE RIGHT TO TRIAL BY A JURY.
      2. Arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules then in effect. For more information, visit www.adr.org. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
      3. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Passover Listings will pay all filing, AAA, and arbitrator’s fees and expenses. We waive any right to seek an award of attorneys’ fees and expenses in connection with any non-frivolous arbitration between you and us.
    2. If you are a resident of a country located in the EEA or Switzerland, Irish law will govern these Terms, as well as any dispute that might arise between you and Passover Listings.
    3. You agree that any subpoena, third-party discovery request, or other third-party process directed to Passover Listings must issue from, or be domesticated by, the state or federal courts located within San Francisco County, California and you agree to submit to the jurisdiction of each of these courts for any related proceedings.
  2. TERMINATION
    1. You may terminate the Terms at any time by closing your Account, discontinuing any access to or use of the Service, and providing Passover Listings with a notice of termination.
    2. We may close your Account, suspend your ability to use certain portions of the Service, terminate any license or permission granted to you hereunder, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your Account, the Service, Your Content, Service Content, or any other related information.
    3. In the event of any termination of certain sections of these Terms, whether by you or us, other sections will continue in full force and effect.

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TERMS FOR BUSINESS ACCOUNTS

The following terms (“Business Terms”), in addition to the Terms of Service above, govern your access to and use of your Business Account. In the event of any conflict between these Business Terms and the Terms of Service, the Business Terms apply. If you have purchased services from Passover Listings on behalf of your business (e.g., advertising or business tools), the terms of that purchase apply in the event of any conflict with these Business Terms. Capitalized words used but not defined in these Business Terms have the meanings described in the Terms of Service. By creating, accessing, or using your Business Account, you are agreeing to these Business Terms and concluding a legally binding contract with Passover Listings. You are not authorized to create, access, or use a Business Account if you do not agree to these Business Terms.

 

NOTICE TO ALL PUBLISHED BUSINESSES:

Passover Listings LLC. PUBLISHES BUSINESS INFORMATION SO THAT CONSUMERS CAN SHARE THEIR EXPERIENCES ABOUT JUDAIC HOLIDAY SERVICES RENDERED BY BUSINESSES, AND BECAUSE THE INFORMATION IS TYPICALLY A MATTER OF PUBLIC RECORD AND PUBLIC CONCERN. THEREFORE WE DON’T REMOVE SUCH INFORMATION FROM THE SITE.

WHILE WE UNDERSTAND THAT SOME BUSINESS OWNERS AND THEIR AFFILIATES MIGHT PREFER TO KEEP A LOW PROFILE, AND MAY OBJECT TO HAVING THEIR BUSINESS PUBLISHED, IT’S IMPORTANT (AND A LEGAL RIGHT) FOR CONSUMERS TO BE ABLE TO FIND AND SHARE HELPFUL INFORMATION ABOUT PASSOVER HOLIDAY SERVICES/PROGRAMS AND BUSINESSES.

IF YOU NEED TO UPDATE, EDIT OR CHANGE THE INFORMATION ON YOUR BUSINESS PROFILE PAGE, CONTACT US AT PASSOVER LISTINGS LLC. AND SUBMIT A DETAILED NOTE WITH ANY SUPPLEMENTARY INFORMATION.

IF YOUR BUSINESS IS PERMANENTLY CLOSED, PLEASE LET US KNOW BY SENDING A MESSAGE TO PASSOVER LISTINGS LLC. ON OUR CONTACT US PAGE (FOR EXAMPLE, TO INFORM USERS THAT THE BUSINESS IS CLOSED.) AND SUBMIT A DETAILED NOTE WITH ANY SUPPLEMENTARY INFORMATION.

PLEASE NOTE: THESE TERMS INCLUDE DISPUTE RESOLUTION THAT, WITH LIMITED EXCEPTIONS, REQUIRE THAT (1) CLAIMS YOU BRING AGAINST PASSOVER LISTINGS, OUTSIDE THE SCOPE OF THE CONTRACTUAL AGREEMENT, BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND (2) YOU WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING.

PLEASE READ THESE BUSINESS TERMS CAREFULLY AS THEY REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

In the event of any termination of these Business Terms, whether by you or us, these Business Terms in their entirety will continue in full force and effect.

  1. REQUIREMENTS, REPRESENTATIONS AND WARRANTIES
    1. In order to access or use the Services, you agree that:
      1. you have the authority to act on behalf of the business or businesses associated with or claimed through your Business Account and bind any such business (including any corresponding business entity) to the Business Terms (such business or businesses, your “Business”);
      2. your access to or use of the Site will only be in your capacity as an authorized representative of your Business;
      3. you will not use the Site for business activities, including but not limited to flagging reviews or messaging people who have reviewed your Business;
      4. your Business complies with applicable laws and does not offer, advertise, sell, or lease illegal products and/or services.
    2. In order to access or use the Services, you agree that, except as otherwise stated herein, that We make no warranties, express or implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose, or any warranties as to the number of visitors to or pages displayed on the site or the functionality, performance, or response times of the site. we disclaim and shall not be liable for any other loss, injury, cost or damage suffered by you or any user or any third party and shall in no event be liable for consequential, special or incidental damages, including lost profits. this provision shall survive any expiration or termination of these terms.
    3. You represent and warrant that you will not, and will not authorize or induce any other party, to:
      1. offer incentives of any kind, such as discounts, freebies, refunds, gift cards, contest entries, offers, or deals in exchange for the posting of reviews of your Business, or to prevent or remove reviews, and you understand and acknowledge that Passover Listings, through its Consumer Alerts, may publicly notify consumers about such incentives and other attempts to obtain, prevent, or remove reviews;
      2. solicit or ask for reviews from your customers;
      3. write reviews or vote on Content (e.g., voting user reviews as useful, funny, or cool) for your Business or your Business’s competitors;
      4. pay or induce anyone to post, refrain from posting, or remove reviews, or otherwise attempt to circumvent Passover Listings’ fraud detection systems;
      5. attempt to generate automated, fraudulent, or otherwise invalid ad impressions, inquiries, conversions, ad clicks, or other actions;
      6. use any automated means or form of scraping or data extraction to access, query or otherwise collect Passover Listings data, content and/or reviews from the Consumer Site or the Business Site, except as expressly permitted by Passover Listings;
      7. use any Passover Listings trademark/s or service mark in any manner without Passover Listings’ prior written consent; or
      8.  misrepresent your identity or affiliation to anyone in connection with Passover Listings.
    4. You understand and acknowledge that Passover Listings allows consumers to post Content about your Business, including photos, ratings, and reviews. You understand and acknowledge that Passover Listings employs efforts to showcase the most reliable and useful reviews while displaying other reviews less prominently. You understand and acknowledge that while Passover Listings uses its best efforts to identify potentially less helpful reviews, Passover Listings may sometimes suppress legitimate reviews or fail to detect illegitimate reviews. You understand and acknowledge that any purchase of advertising or other paid features from Passover Listings will not influence Passover Listings’ best efforts or otherwise allow or enable You, directly or indirectly, to alter reviews or impact whether, where, or how reviews appear on Passover Listings.

The following Section applies to residents of the United States or Canada only:

  1. DISCLAIMERS AND LIMITATIONS OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE PASSOVER LISTINGS ENTITIES TO YOU. FOR CLARITY, THE BELOW APPLIES IN ADDITION TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITY DETAILED IN THESE TERMS.

The federal Communications Decency Act (47 U.S. Code § 230) limits the liability of interactive computer services, like Passover Listings, for their role in publishing third-party Content, including consumer reviews. Additionally, anti-SLAPP laws, such as Cal. Civ. Proc. Code  § 425.16 in California, may require you to pay Passover Listings’ attorneys’ fees if you attempt to impose such liability on Passover Listings through legal proceedings.

  1. ARBITRATION, DISPUTES, AND CHOICE OF LAW

FOR CLARITY, THIS SECTION GOVERNS ANY BUSINESS CLAIM BROUGHT BY YOU OR PASSOVER LISTINGS. Except for Excluded Business Claims, any controversy or claim arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of your Business Account Business Site; (each such controversy or claim, a “Business Claim”), shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator will issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator will not have the power to commit errors of law, and the award may be vacated or corrected through judicial review by a court of competent jurisdiction under the California Arbitration Act for any such error. “Excluded Business Claims” means Claims related to intellectual property (like copyrights and trademarks) or violations of the Terms of Service (Representations and Warranties).

Business Claims shall be heard by a single arbitrator. Arbitrations will be held in Los Angeles, California, but the parties may choose for themselves whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the laws of the State of California. The prevailing party shall be entitled to an award of reasonable attorneys’ fees.

NOTWITHSTANDING THE FOREGOING, FOR ANY BUSINESS CLAIM THAT IS NOT SUBJECT TO ARBITRATION, INCLUDING WITHOUT LIMITATION EXCLUDED BUSINESS CLAIMS, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN SAN FRANCISCO COUNTY, CALIFORNIA, WHICH IS THE PLACE OF PERFORMANCE OF THESE BUSINESS TERMS.

YOU AND PASSOVER LISTINGS AGREE THAT EACH MAY BRING OR PARTICIPATE IN BUSINESS CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND PASSOVER LISTINGS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE BUSINESS CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF A BUSINESS CLAIM IMPLICATES THIS SECTION, AND THIS SECTION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL BY A COURT, SUCH BUSINESS CLAIM MUST BE ADJUDICATED BY A COURT AND NOT BY AN ARBITRATOR.