Last Revised: 11/1/17
These Terms of Service and conditions of use (the “Terms”, and collectively the “Agreement”) applies to the usage of OneMohel.com (hereinafter referred to as “One Mohel”) for receiving circumcision and related pediatric services from One Mohel and/or reading, following, accepting, and/or making any decision based upon any content provided by One Mohel (the “Services”). Any use of the Services is governed by the terms and conditions of this Agreement. Although accessible by others, the Services (which include any content displayed on One Mohel) are intended for access and use only by customers in the United States. Please read these Terms carefully before accessing or using the Services.
One Mohel may revise and update this Agreement at any time. Your continued use of One Mohel or our Services will mean you fully accept the revised Agreement. If we need to change the terms of this Agreement in the future, we will post the revised Terms of Service to One Mohel and update the “Last Revised” date to reflect the date of the changes. You agree to review these Terms each time you use the Services so you are aware of any modifications made to this Agreement. By continuing to access or use the Services after we post such changes, you agree to the terms of this Agreement, as modified.
The contents of One Mohel such as text, graphics, images, and other material contained (collectively, the "Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. One Mohel does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on OneMohel.com. Reliance on any information provided by One Mohel or by any of our employees, advisors, consultants, members, staff, others contributing to the Content at the invitation of One Mohel, and/or other users of One Mohel is solely at your own risk.
For a child under the age of eighteen (18) (a “Minor”), whereby the Minor needs circumcision and/or related pediatric services (a “Patient”), always seek the advice of the Patient’s primary physician or other qualified health care provider (collectively, the “Patient’s Physician”) with any questions You may have regarding a medical condition related to the Patient. Never disregard professional medical advice given to You by the Patient’s Physician because of something You have read on One Mohel. Never avoid or delay in seeking professional medical advice from the Patient’s Physician because of something You have read on One Mohel.
CALL 911 FOR ANY EMERGENCY: Do not use One Mohel to seek emergency medical services and/or ambulatory services in any way. Call 911 immediately and/or go immediately to the nearest emergency room (the “ER”) if the Patient has an emergency medical need. Examples of an emergency medical need include, but are not limited to, a Minor who is unconscious, not breathing, gasping for air, experiencing an allergic reaction, having chest pain, uncontrollably bleeding, or any other symptoms that require emergency medical attention.
2. Our Services
One Mohel offers parents the technological platform to schedule One Mohel to perform a circumcision and naming ceremony for a baby boy, or just a naming ceremony for a baby girl. A medical exam on the baby boy is performed by One Mohel just prior to the circumcision. A circumcision is defined as the permanent removal of foreskin from the penis (a “circumcision”).
One Mohel charges the User a fee-for-service (the “Service Fee”) to request a circumcision and/or baby naming ceremony. This Service Fee is collected by One Mohel prior to the date of when such circumcision and/or baby naming ceremony will take place.
As the parent or legal guardian of a Minor and using One Mohel to request Services for a Patient, You must be physically present during One Mohel’s visit with the Patient, You are responsible for any and all payment of the Services provided to the Patient, and You fully assume all the obligations of this Agreement as they relate to the Patient. You have to be 18 (eighteen) years of age or older and reside in a jurisdiction in which we offer One Mohel to use One Mohel for ordering our Services. You represent that you are of legal age to enter into a binding contract.
Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Agreement. Some Services may be subject to additional terms and conditions. Your use of such Services is subject to those additional terms and conditions, which will be provided to You before those Services are provided. Any such additional terms and conditions are incorporated into this Agreement by reference. You are responsible for all equipment necessary to access One Mohel.
3. Use of the Services
You represent and warrant that the information You provide to One Mohel is accurate and complete. You acknowledge and agree that One Mohel is entitled at all times to verify the information provided and to deny your use of the Services at any time for any reason or no reason. You may only access the Services using authorized means. It is your responsibility to check and ensure you are using the most up-to-date version of One Mohel on your device. We are not liable if you do not have a compatible device or if you access the wrong version of One Mohel for your device.
By accessing or using the Services, you further agree that:
i. You will only request the Services for a Minor as the Patient if You are the parent, legal guardian, or designated adult to care for such Minor, and You will not resell the Services to a third party;
ii. You will not copy or distribute the Services or the Content;
iii. You will not upload or transmit any communications or content of any type that infringes or violates any rights of any party;
iv. You will not use the Services for any purpose in violation of local, state, federal or international laws;
v. You will not use the Services as a means to distribute advertising or other unsolicited material to any third party;
vi. You will not impersonate another person;
vii. You will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by One Mohel in our sole discretion;
viii. You will comply with all applicable third party terms of agreement when using the Services;
ix. You will not try to harm the Services or impair the proper operation of the network in any way whatsoever; and
x. You will provide One Mohel with whatever proof of identity One Mohel may request.
We reserve the right to immediately terminate your use of the Services should You fail to comply with any of the foregoing rules. You are free to establish a hypertext link to our Services, so long as the link does not state or imply any sponsorship of your website or service by us or by our Services. However, you may not, without our prior written permission, frame or inline link any of the content of our Services, or incorporate into another website or other service any of our material, content or intellectual property.
It is imperative that the User provides accurate and truthful information about the User’s identity in any communication with One Mohel via email, phone, or in person. Furthermore, it is an absolute requirement that the User provides accurate and truthful information about the Patient’s health and/or physical condition in any communication with One Mohel via email, phone, or in person.
You represent and warrant to One Mohel that all of the personal information You provide about the User and the Patient is true and correct. One Mohel reserves the right to cancel, suspend, or terminate your usage of One Mohel at any time if One Mohel determines that You have intentionally provided incomplete or inaccurate information regarding your identity, the Patient’s identity, and/or the Patient’s health information.
To request the Services provided through One Mohel on behalf of a Patient, the User must be located in one of the active zip codes serviced by One Mohel at the time of request. The Patient must be between the ages of zero (0) and seventeen (17).
You hereby give your understanding and full approval that while One Mohel strives to deliver exemplary service on every circumcision and/or naming ceremony during the hours of operation in the zip codes serviced by One Mohel, there may be instances where One Mohel is not available to provide Services in your area at any given time. We work diligently to ensure these cases are very few and far between.
You must notify One Mohel immediately of any change in your eligibility to use the Services, including any changes to the Patient’s medical condition before the circumcision and/or naming ceremony.
5. Important Health and Medical Notices & Disclaimers
By using One Mohel or our Services, You expressly agree and acknowledge that One Mohel is not a medical organization, hospital, or healthcare company staffed by medically trained personnel. One Mohel is provided exclusively for informational and account management purposes. No medical care or medical advice shall be provided directly to You or the Patient from One Mohel. One Mohel employees cannot provide the User with medical advice via email and/or over the phone, and nothing that You may read on One Mohel or obtain through the use of our Services in any way should be construed as medical advice from On Mohel.
One Mohel expressly disclaims any implied guarantee or warranty regarding the accuracy, completeness, timeliness, or relevance of any information and/or services provided through One Mohel. Reliance on any information provided by One Mohel is solely at your own risk. One Mohel shall provide the Services in compliance with all applicable laws, and will conduct itself in accordance with any and all applicable Health Care Laws.
One Mohel agrees to safeguard and maintain as confidential any Personally Identifiable Information (the “PII”) that You transmit to One Mohel through your use of One Mohel and/or the Services. Such PII will be held with the strictest of confidence in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA). We take HIPAA compliance very seriously. For PII information, the User is solely responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that the User submits, uploads, posts or otherwise makes available on or through One Mohel and/or through the Services available in connection with One Mohel. All of this PII information is stored by One Mohel for confidential safekeeping.
6. User-Provided Content
One Mohel may, in our sole discretion, permit you to post or submit content and other materials through the Services (collectively, “User-Provided Content”). You grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such User-Provided Content, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose.
Also, you grant us, and anyone authorized by us, the right to identify you as the author of any User-Provided Content submitted by you. You will not receive any compensation of any kind for the use of any User-Provided Content submitted by you.
You acknowledge that One Mohel only acts as a passive conduit for the distribution of the User-Provided Content and is not responsible or liable to you or to any third party for the content or accuracy of the User-Provided Content. You understand that we have no obligation to monitor any areas of the Services through which users can post User-Provided Content. However, we reserve the right at all times, in our sole discretion, to screen User-Provided Content and to edit, move, delete, and/or refuse to accept any User-Provided Content that in our judgment violates this Agreement or is otherwise unacceptable or inappropriate, whether for legal or other reasons.
Any use by you of the User-Provided Content is entirely at your own risk. You represent and warrant that any User-Provided Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or publicity rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the right to grant the license described above.
You agree to indemnify and hold harmless One Mohel, One Mohel’s affiliates, and each of its and their respective directors, officers, members, managers, employees, shareholders, advisors, agents, representatives, licensors, successors and assigns from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of any User-Provided Content posted or transmitted through the Services by you or by others using your account.
If You elect to access or use Services that involve payment of a Service Fee, then You agree to pay, and will be responsible for payment of, that Service Fee and all taxes associated with such access or use. All Service Fees will be in U.S. Dollars. There is no charge to visit One Mohel on the internet. You are charged a Service Fee only when you request a circumcision and/or baby naming ceremony.
The rates that apply for our Services can be found on One Mohel. These may be modified or updated from time to time. It is your own responsibility to remain informed about the current rates for the Services made available through One Mohel. One Mohel reserves the right to change the price for any Service at any time, for any reason, and without needing to give prior notice or obtain prior approval. One Mohel does not provide price protection or refunds on prior orders in the event of promotions or price decreases in any way.
At present, we do not process any insurance claims, nor will One Mohel process claims on your behalf. Although the Services you receive through One Mohel may or may not be covered by your insurance, it is solely up to you to contact your health plan, determine whether coverage applies and submit a claim. You are responsible for the full fee (and for paying the fee in advance) regardless of whether you later are able to receive reimbursement from your health plan for part or all of the cost.
You hereby represent and warrant that You are authorized to supply such credit card information and hereby authorize One Mohel to charge your credit card to pay the Service Fees as they are due. If our Payment Processor cannot charge your credit card for any reason, then no Services will be deemed to have been ordered. You hereby agree that You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with your access to and use of One Mohel, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
One Mohel does not currently take payment from any third party including any insurance company, PPO, HMO, Medigap, employer group health plan, or any state or federal government health plan such as Medicare or Medicaid. One Mohel does not currently permit use of any credit, flex, or debit card connected to your employer’s group health plan, cafeteria plan, flex plan, 125 plan or self-insured group health plan.
In using the Services and requesting our Services through One Mohel, You hereby verify and confirm that your credit card is not connected to your employer’s group health plan, cafeteria plan, flex plan, 125 plan or any health insurance, PPO, HMO, Medigap policy, or any state or federal governmental health plan such as Medicare or Medicaid. The sole payment method accepted by One Mohel is a personal credit card that is either a Visa, MasterCard, American Express, or Discover.
8. Intellectual Property Ownership
One Mohel alone (and its licensors, where applicable) shall own all right, title and interest, including all intellectual property rights, in and to the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of or created from the Services shall be owned solely and exclusively by One Mohel, and/or, as applicable, One Mohel’s third-party vendors, as shall any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights, worldwide therein and thereto, and you hereby assign to One Mohel any and all of your rights, title or interests in the Services or any modification to or derivative work of the Services. You shall not remove or authorize or permit any third party to remove any proprietary rights legend from the Services.
This Agreement does not constitute a sale and does not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by One Mohel. One Mohel’s name, logo and the product names and logos associated with the Services are trademarks of One Mohel, its affiliated companies or third parties, and no right of license is granted to use them.
The materials on the Services are copyrighted by us and/or other applicable rights holders. You may download and reprint a single copy of the materials from the Services for your own personal, noncommercial use only, provided that you keep intact all credits and copyright and other proprietary notices. Any other use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s).
9. Application License
Subject to your compliance with the terms and conditions of this Agreement, One Mohel grants you a limited, non-exclusive, non-transferable license to access One Mohel on a mobile, tablet, laptop, or desktop device that you own or control and to utilize One Mohel solely for your own personal use.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party One Mohel in any way; (ii) modify or make derivative works based upon One Mohel; (iii) reverse engineer or access One Mohel in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of One Mohel, or (c) copy any ideas, features, functions or graphics of One Mohel; or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services.
The Services and any information contained on or provided through the Services are provided on an “as is” basis. Any access to or use of the Services is completely voluntary. We will regard all access or use as voluntary and at the sole risk of the User. Always call 911 in the case of any emergency or for any emergency help.
The Services are designed to enable You to request a circumcision and/or baby naming ceremony. Nothing contained in the Services is or should be considered, or used as a substitute for, medical advice, diagnosis or treatment. The Services provided in One Mohel are here to help connect You to receiving a circumcision and/or baby naming ceremony. Any information contained in the Services should not be relied upon as the basis of any medical decision. The content of the Services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment.
We do not control, supply, endorse, warrant or guarantee any information, products, services or merchandise supplied by One Mohel via the Services. We also do not warrant or guarantee that files that may be available for downloading through the Services will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties. We, and our technology service providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. You hereby use the Services at your own discretion and risk, and You are solely responsible for any damages to your hardware device(s) or loss of data that results from the use of the Services. Users of the Services are responsible for maintaining a means external to the Services for the reconstruction of any lost data.
We do not make any express or implied warranties, representations or endorsements of any kind whatsoever (including, without limitation, warranties of title or non-infringement, or any warranties of merchantability or fitness for a particular purpose) with regard to the Services, or with respect to any information, product, service, merchandise or other material provided on or through the Services. We do not warrant or guarantee the accuracy, completeness, correctness, timeliness or usefulness of any information, products, services, merchandise or other material provided through the Services or on the internet generally. We make no warranty or guarantee that the Services will be uninterrupted, timely, secure or error-free. Your sole and exclusive remedy for dissatisfaction with the Services is to stop using them.
11. Limitation of Liability
You acknowledge and agree that One Mohel shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of use, data or other intangible losses arising out of or resulting from:
a) the use or the inability to use the Services, One Mohel, or any other component of One Mohel;
b) the use of any Content or other material accessible on or through One Mohel or any website linked to One Mohel;
c) the cost of procurement of substitute goods and services;
d) unauthorized access to or alteration of your transmissions or data;
e) statements, services or conduct of One Mohel or any third party; or
f) any other matter relating to One Mohel or any component thereof.
To the fullest extent permissible under applicable law, in no event will One Mohel be liable to you or any third party for any direct, indirect, punitive, exemplary, incidental, special or consequential damages (whether in contract, tort (including negligence), or otherwise) arising out of this agreement, or for the use of, or the inability to use, the Services, including, without limitation, any information or data made available through the Services or any services performed by any Pediatric Providers that you connect with via the Services (including claims of medical malpractice against those Pediatric Providers), even if we are advised beforehand of the possibility of such damages.
In the event the foregoing limitation of liability is determined by a court of competent jurisdiction to be unenforceable, then the maximum liability of One Mohel for all claims (whether in contract, tort (including negligence and medical malpractice), or otherwise) of every kind arising out of this Agreement will not exceed ten dollars ($10.00). The foregoing limitation of liability of One Mohel will cover, without limitation, any technical malfunction, computer error or loss of data, and any other injury, arising from the use of the Services.
By using One Mohel, You agree that One Mohel shall not be held liable in any way for any malpractice or substandard treatment One Mohel may render to the Patient. In no event shall One Mohel be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to your use of Services obtained through your use of One Mohel, including without limitation, bodily injury, emotional distress, and/or any other damages to the User and/or the Patient resulting from your use of any service, information, program or suggestion provided to You by One Mohel, any Pediatric Professional, or any other person You interact with (whether it be via phone, email, or in-person) as result of your use of One Mohel. You agree to take reasonable precautions in all interactions with third parties.
You hereby agree that any dispute or controversy arising out of or relating to any interpretation, construction, performance or breach of this Agreement shall be settled by final and binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (the “AAA”). The arbitration will be conducted in New York, New York by one (1) arbitrator. Arbitration replaces the right to go to court. By accepting this Agreement, You hereby waive your right to litigate claims and all opportunity to be heard by a judge or jury. The decision of the arbitrator will be final and binding upon both the User and One Mohel hereto, and may be entered in any competent court for judicial acceptance of such an award and order of enforcement.
You agree to indemnify and hold harmless One Mohel, One Mohel’s affiliates, and each of its and their respective directors, members, officers, managers, employees, shareholders, agents, advisors, representatives, licensors, business partners, successors and assigns from and against any and all liabilities, losses, expenses, damages, penalties, claims, causes of action, demands, and costs, including reasonable attorneys’ fees, that arise out of, result from, or relate to your use of the Services, inability to use One Mohel or any component thereof, your violation of this Agreement by you or any other person using your account, your violation of any rights of another, and/or an allegation that You violated any representation, warranty, covenant or condition in this Agreement. We reserve the right to control the defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.
Your agreement to defend, indemnify, and hold harmless One Mohel, together with its officers, members, directors, employees, affiliates, agents, licensors, contractors, consultants, advisors, shareholders, and business partners, applies whether a claim against One Mohel is based in contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third-party right or a claim that One Mohel caused damage to You or to any third party. This indemnification section shall survive your termination of or cessation of use of One Mohel.
You agree to indemnify, pay, defend, and hold harmless One Mohel, Dr. Dania Rumbak, Shachar Golan, and related Pediatric Professionals from and against any and all damages, liabilities, losses, costs, judgments, expenses (including reasonable legal fees and expenses), claims, and causes of action of any kind or nature asserted against One Mohel, Dr. Dania Rumbak, Shachar Golan, and related Pediatric Professionals, foreseen or unforeseen, accrued or not yet accrued, arising from or in connection with any breach by the User in the performance of any obligation of the User under this Agreement, and from and against any action or proceeding brought with respect thereto. In case any such action or proceeding is brought against One Mohel, Dr. Dania Rumbak, Shachar Golan, and related Pediatric Professionals, the User, upon written notice, may defend such action or proceeding at the User’s sole cost and expense by counsel reasonably satisfactory to One Mohel.
13. Modifications to, or Discontinuation of, the Services
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services, or any portion thereof, with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Services or any portion thereof.
15. Intellectual Property Rights
One Mohel, including, without limitation, the Content, metadata, design, organization, compilation, look and feel, source, user workflow, object and HTML code and all other protectable intellectual property available through One Mohel (the “Proprietary Materials”) are the property of One Mohel or the property of our licensors and are protected by copyright and other intellectual property laws. All rights regarding the Proprietary Materials not expressly granted in this Agreement are reserved by One Mohel.
Subject to your compliance with the Terms and conditions of this Agreement, One Mohel grants to the User a limited, personal, non-exclusive and non-transferable right and license to access and use the website, Content, and Services in One Mohel. Unless otherwise specified in writing, the website, Content, and Services are for your personal and non-commercial use. Except for the foregoing license, the User has no other rights in the website, Content, or Services and You may not copy, mimic, reproduce, sell, publish, distribute, display, retransmit, reverse engineer, create derivative works of or otherwise provide access to the website, Content, or Services to anyone. You agree not to create, scrape or display our Content for any purpose.
16. Notice of Copyright Infringement
One Mohel respects the intellectual property rights of others. If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed through the Services in a manner that constitutes copyright infringement, please inform our designated copyright agent (the “Designated Agent”) by sending a written notice (via U.S. mail) that sets forth the infringement details below.
To be effective, please include all of the following information in your written notice:
a) a detailed description of the copyrighted work that is allegedly infringed upon;
b) a description of the location of the allegedly infringing material on the Services;
c) your contact information, including your address, telephone number, and, if available, email address or other electronic address;
d) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
e) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and
f) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
One Mohel’s Designated Agent can be reached at:
TO: One Mohel
ATTN: Copyright Agent
180 W. 80th Street, Suite 214
New York, NY 10024
With a copy to:
TO: DLA Piper LLP (US)
ATTN: David Schwartz, Esq.
51 John F. Kennedy Parkway, Ste. 120
Short Hills, NJ 07078
Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters can be found elsewhere on One Mohel. Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents a copyright or trademark infringement claim may be subject to liability.
We reserve the right to terminate your usage of the Services if You misuse One Mohel or any part thereof, or if You violate this Agreement in any way including, without limitation, the following rules of conduct that are explicitly prohibited:
a) Upload, post, or transmit to One Mohel by any means, or otherwise make available any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b) Impersonate any person or entity, including but not limited to a Pediatric Professional, employee of One Mohel, or staff of One Mohel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) Create a fake name of a User, fake location, fake email address or phone number, fake name of a Patient, fake date of birth of a Patient, fake identity of a Patient, or a fake User credit card;
d) Post anything that exploits children;
e) Post any copyrighted or trademarked materials without the express permission from the owner;
f) Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation;
g) Use any robot, spider, scraper or other automated means to access One Mohel;
h) Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
i) Alter the opinions or comments posted by others on One Mohel;
j) Post anything contrary to One Mohel’s public image, goodwill or reputation;
k) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted;
l) Upload, post, email, or otherwise transmit through One Mohel by any means, content, materials, or comments that could be characterized as professional medical advice;
m) Attempt to interfere with or disrupt our servers or networks;
n) Intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law;
o) Stalk or otherwise harass another user or any of our employees, or any of the Pediatric Professionals, in any way; AND
p) Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users or any Minors
18. Promotions and Offers
We may, as part of our Services, encourage users to participate and enjoy our promotions. The following terms and conditions apply to all offers and promotions, unless otherwise stated. By accepting any promotional offer, You agree to be bound by the following additional terms. One Mohel reserves the right to send particular promotions to any, some, or all of the users of One Mohel at our sole discretion.
Price discounts cannot be used together or combined with other discount offers or promotional offers. Promotional offers are intended for the addressed recipient only and cannot be transferred in any way. If You are not the intended recipient, then the offer is hereby null and void. We may request further information if You wish to participate in our promotions and offers. Participation in these promotions is completely voluntary. Therefore, You have the choice to decline to participate in any promotion where You are required to provide further information about yourself.
This Agreement constitutes the entire agreement between You and One Mohel with respect to the subject matter contained in this Agreement, and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral, related to that subject matter. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are available through the Services. In the event of any conflict between any such third-party terms and conditions and this Agreement, this Agreement will govern.
This Agreement will be governed by and construed in accordance with the laws of the State of New York, without regard to any conflicts of law provisions contained therein. The sole and exclusive jurisdiction and venue for any litigation arising out of this Agreement or in any way related to One Mohel will be an appropriate federal or state court located in New York, New York.
This Agreement is personal to you and you may not assign it to anyone. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions. A provision in question shall be construed to have the broadest interpretation that would render it valid and enforceable. This Agreement is not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, this Agreement may only be invoked or enforced by You or us. You agree that regardless of any statute or law to the contrary, any claim or cause of action that You may have arising out of or related to use of the Services or this Agreement must be filed by You within three (3) months after such claim or cause of action arose or be forever barred.
Any and all provisions of this Agreement that would reasonably be expected to be performed after the termination or expiration of this Agreement shall survive and be enforceable after such termination or expiration including, without limitation, provisions relating to ownership, indemnification, limitation of liability and governing law. No amendments, modifications or waivers to this Agreement shall be valid unless in writing and signed by all Parties. We may discontinue or change any part of the Services, website, and/or One Mohel at any time, for any reason, and without needing to give prior notice or obtain prior approval.
You may not assign your rights or delegate your obligations under this Agreement for any reason without One Mohel’s prior written consent. One Mohel may freely assign its rights and delegate its obligations under this Agreement. This Agreement will inure to the benefit of each Party’s permitted successors, assigns and licensees. The failure of either Party to insist upon or enforce the strict performance of the other Party with respect to any provision of this Agreement, or to exercise any right under the Agreement, will not be construed as a waiver or relinquishment to any extent of such Party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
If a Party brings an action or proceeding arising out of or relating to this Agreement, the non-prevailing Party shall pay to the prevailing Party reasonable fees and costs incurred in such action or proceeding, including attorneys’ fees and costs and the fees and costs of experts and consultants.
This Agreement and all of its terms agreed to by the User in this Agreement applies to One Mohel and any successor entity, spin-off entity, parent company, affiliate, assignment, or any related entity in any way.
All pronouns used in this Agreement shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the person or persons may require.
22. Headings Descriptive
The headings of the several paragraphs of this Agreement are inserted for convenience only and shall not in any way affect the meaning or construction of this Agreement.
Agreement Between User and One Mohel
One Mohel is comprised of various web pages operated by One Mohel. One Mohel is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of One Mohel constitutes your agreement to all such terms, conditions, and notices. One Mohel reserves the right to change the terms, conditions, and notices under which One Mohel is offered, including but not limited to the charges associated with the use of One Mohel.
Links to Third Party Sites
One Mohel may contain links to other web sites ("Linked Sites"). The Linked Sites are not under the control of One Mohel and One Mohel is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. One Mohel is not responsible for webcasting or any other form of transmission received from any Linked Site. One Mohel is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by One Mohel of the site or any association with its operators.
No Unlawful or Prohibited Use
As a condition of your use of One Mohel, you warrant to One Mohel that you will not use One Mohel for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use One Mohel in any manner which could damage, disable, overburden, or impair One Mohel or interfere with any other party's use and enjoyment of One Mohel. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through One Mohel.
Use of Communication Services
One Mohel may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
b) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
c) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
d) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
e) Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
f) Conduct or forward surveys, contests, pyramid schemes or chain letters.
g) Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
h) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
i) Restrict or inhibit any other user from using and enjoying the Communication Services.
j) Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
k) Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
l) Violate any applicable laws or regulations.
One Mohel has no obligation to monitor the Communication Services. However, One Mohel reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. One Mohel reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
One Mohel reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in One Mohel’s sole discretion. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. One Mohel does not control or endorse the content, messages or information found in any Communication Service and, therefore, One Mohel specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized One Mohel spokespersons, and their views do not necessarily reflect those of One Mohel.
Materials Provided to One Mohel or Posted at One Mohel
One Mohel does not claim ownership of the materials you provide to One Mohel (including feedback and suggestions) or post, upload, input or submit to any One Mohel website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting One Mohel and its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. One Mohel is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in One Mohel's sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The information, software, products, and services included in or available through One Mohel may include inaccuracies or typographical errors. Changes are periodically added to the information herein. One Mohel and/or its suppliers may make improvements and/or changes in One Mohel at any time. Advice received via One Mohel should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
One Mohel and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the One Mohel web site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. One Mohel and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
One Mohel reserves the right, in its sole discretion, to terminate your access to One Mohel and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York, New York in all disputes arising out of or relating to the use of One Mohel.
Use of One Mohel is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and One Mohel as a result of this agreement or use of One Mohel. One Mohel's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of One Mohel's right to comply with governmental, court and law enforcement requests or requirements relating to your use of One Mohel or information provided to or gathered by One Mohel with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and One Mohel with respect to One Mohel web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and One Mohel with respect to One Mohel. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Copyright and Trademark Notices
All contents of the One Mohel website are: Copyright 2017 by One Mohel and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.