HAMAKOR JUDAICA, INC.
WEB SITE TERMS AND CONDITIONS

The Hamakor Judaica, Inc./The Source for Everything Jewish® web site (“Hamakor Web Site”) is owned, operated, and maintained by Hamakor Judaica, Inc./The Source for Everything Jewish® (“Hamakor”) from offices located at 7777 North Merrimac Avenue, Niles, Illinois 60714.

Acceptance of Terms

Your use of the Hamakor Web Site constitutes your agreement to the following Terms and Conditions. Hamakor reserves the right, by posting a notice on the Hamakor Web Site, to modify or update these Terms and Conditions for the use of the Hamakor Web Site at any time, and you agree to be bound by these modifications or updates.

Site License, Access, and Prohibited Use

Hamakor grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Hamakor. This license does not include any derivative use of this site or its contents or any use of data mining, robots, or similar data gathering and extraction tools.

You may not download, reference, frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Hamakor and/or its affiliates without express written consent of Hamakor. You may not use any meta tags or any other "hidden text" utilizing Hamakor's name or trademarks without the express written consent of Hamakor. Any unauthorized use terminates the permission or license granted by Hamakor.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Hamakor Website home page (www.jewishsource.com) so long as the context within which the link is displayed does not portray Hamakor, its affiliates, or their content, products, or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Hamakor logo or other proprietary graphic or trademark as part of the link without express written permission of Hamakor.

Access Restriction

You must be at least 18 years of age to transact any business with Hamakor or to submit any personal information to Hamakor. As such, if you transact or attempt to transact any business with Hamakor or submit or attempt to submit any personal information to Hamakor, YOU AFFIRMATIVELY REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR THE AGE OF LEGAL MAJORITY IN THE JURISDICTION IN WHICH YOU ARE LOCATED, IF DIFFERENT) AND THAT YOU POSSESS THE LEGAL RIGHT TO USE THE HAMAKOR WEB SITE IN ACCORDANCE WITH THE STATED TERMS AND CONDITIONS. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or account(s) to access the Hamakor Web Site.

No Unlawful or Prohibited Use

As a condition of your use of the Hamakor Website, you agree that you will not use the Hamakor Website for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Hamakor Website in any manner which could damage, disable, overburden, or impair the Hamakor Website (or the network(s) connected to the Hamakor Website) or interfere with any other party's use and enjoyment of the Hamakor Website. You may not attempt to gain unauthorized access to the Hamakor Website, other accounts, computer systems or networks connected to the Hamakor Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Hamakor Website.

Copyrights

All content that is made available to view and/or download in connection with the Hamakor Web Site, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations, (“Content”) and software (“Software”), is wholly owned by and is the copyrighted work of Hamakor and/or its suppliers and is protected by United States copyright laws and international treaty provisions. Unless otherwise indicated, the compilation of all content on the Hamakor Web Site is the exclusive property of Hamakor and is protected by United States copyright laws and international treaty provisions. All Software used on the Hamakor Web Site is the property of Hamakor and/or its software suppliers and is protected by United States copyright laws and international treaty provisions.

Any reproduction or redistribution of the Content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

Trademarks

The trademarks, logos and service marks, including but not limited to THE SOURCE FOR EVERYTHING JEWISH, HAMAKOR JUDAICA, JEWISHSOURCE, THE BOOK OF JEWISH BOOKS (“Trademarks”), which appear on the Hamakor Website are Trademarks or registered Trademarks of Hamakor or their respective owners. The Trademarks are valuable assets of Hamakor or their respective owners and carry considerable goodwill and consumer acceptance of the goods and services sold under the Trademarks. Such goodwill has made the Trademarks distinctive to their respective owners and, as such, may only by used by their respective owners, licensees or other authorized persons or entities for the benefit of their respective owners and only in connection with the products and services authorized by their respective owners. Any unauthorized use of the Trademarks and/or any use of a mark or symbol that is likely to cause confusion among consumers or in any manner that disparages or discredits Hamakor, its affiliates or subsidiaries is strictly prohibited.

You may not use any of the Trademarks in any manner without the prior written consent of their respective owners. Any unauthorized use is expressly prohibited by law and violators will be prosecuted to the maximum extent possible according to applicable law, without notice.

Notices and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent. Send notifications to:

            L. Daniel Liutikas, Esq.
            Much Shelist Freed Denenberg Ament & Rubenstein, P.C.
            191 N. Wacker #1800
            Chicago, Illinois 60606
            Fax: 312-621-1750
            DLiutikas@muchlaw.com

Customer Account and Password

Customers who purchase products from the Hamakor Web Site may receive a password from Hamakor to access restricted information on the Hamakor Web Site. You are entirely responsible for maintaining the confidentiality of your password and account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Hamakor immediately of any unauthorized use of your account or any other breach of security. Hamakor will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may and will be held liable for losses incurred by Hamakor or another party due to someone else using your account or password. You may not use anyone else's account at any time without the permission of the account holder and Hamakor.

Materials You Submit to Hamakor

If you upload, input, provide or submit any feedback, suggestions or other communications (each a "Submission" and collectively "Submissions") to the Hamakor Web Site or to Hamakor, you are irrevocably granting Hamakor, its affiliated companies and its designees and sub licensees permission and license 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, create derivative works from, and reformat your Submission; and to publish your name in connection with your Submission. As a result, we must ask you not to send Hamakor any original creative materials such as stories, product ideas or original artwork. No compensation will be paid with respect to the use of your Submission, as provided herein. Hamakor is under no obligation to post or use any Submission you may provide and Hamakor may remove any Submission at any time in its sole discretion.

By uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for you to provide, upload, input or submit the Submissions including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, create derivative works from, and reformat your Submission.

Product Availability

Hamakor strives to maintain a consistent selection of products and to maintain the availability of such products. However, Hamakor may change the range and type of products offered for sale on the Hamakor Web Site and/or limit quantities of available product at Hamakor ’s own discretion and without any obligation to provide advance notice.

WEB-Only Discounted Pricing

The discounted prices shown on Jewishsource.com, including in the "Clearance" and "Weekly Specials" sections, are available only to customers who place their orders online and are not valid for orders placed via phone, mail or at our retail store.

Product Descriptions

Hamakor and its affiliates attempt, in good faith, to be as accurate as possible with product descriptions. However, Hamakor does not warrant that product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by Hamakor is not as described, your sole remedy is to return the product as set forth in the HOW TO area of the Hamakor Web Site.

Multimedia Returns

DVD's, CD's, computer software and other multimedia items can only be returned if they are unopened.  Once such items have been opened or their packaging tampered with, they can no longer be returned.

Privacy

Where You Go and What You Do:
Data about your activity while visiting this web site is automatically provided to Hamakor when you access the site. For each visitor, our web server automatically recognizes your IP address only, not your e-mail address. Statistical programs which track IP addresses provide Hamakor with aggregate information on what pages visitors access; how many visits they make; and whether visitors arrived at the Hamakor Web Site using links appearing on other sites on the Web (and the identity of such site) or typed our web site address directly into their browser. This information is used by Hamakor internally in the aggregate in a form which does not identify you personally.

Cookies

A "cookie" is very small text file placed on your hard drive by a Web Page server. It serves as your personal identification card, and cannot be an executable program or deliver viruses. It is uniquely yours and can only be read by the server that gave it to you. The purpose of a "cookie" is to tell the server that you returned to that Web page. Of course, if you never register or leave personal information with Hamakor, then the server only knows that someone with your cookie has returned to the Web site. You are in charge of deciding whether we know anything about you. But the more you tell us about yourself, the more we can help you find information or products you want. You can always edit any personal information you give Hamakor by contacting our Customer Service Department.

The use of cookies is an industry standard-- you'll find them at most major web sites. Hamakor, never saves passwords or credit card information in cookies, but instead uses cookies to record session information, such as items that you added to your shopping cart and to conduct marketing tests on our web pages. By showing how and when you use the Hamakor Web Site, cookies help Hamakor see which areas and products are popular and which are not. Many improvements and updates to the Hamakor Web Site are based on such data as total number of visitors and pages viewed.

Most browsers on customer computers are initially set up to accept cookies. You can modify the settings on your browser to accept all cookies or to alert you every time a cookie is offered. Then you can decide whether to accept one or not. If you want to control which cookies your computer accepts, just follow the instructions for your particular Internet browser system. You can also reset your browser to refuse all cookies. However, if you do so, some parts of the Hamakor Web Site and its functionality and links will not function properly or may be considerably slower. For example, without cookies, you may have difficulty completing shopping transactions or creating your personal profile.

Mailing List

We make our mailing list available to screened companies whose products or services might interest you.  If you would prefer not to receive such offers, please write us and provide your mailing address and customer number as it appears on your catalog.  Please send your request to:  The Source for Everything Jewish, Mail Preference Service, P.O. Box 48836, Niles, IL 60714-0836.

E-mail Addresses

E-mail addresses and other personally identifying data about you becomes known to Hamakor only when you voluntarily submit it to Hamakor in connection with a web site purchase or other inquiry. Specifically, among other things, we use your e-mail address to confirm and advise you concerning purchases you have made from our web site.

Personal Information Other Than E-mail Addresses

Hamakor uses personally identifying information which you provide to us to evaluate new products which we feel may be of interest to you. We also use the shipping and payment addresses of our customers to send them our print catalog and we may share this data with other parties from whom we think you may want to receive information for your own use.

Opt-Out of Future Communications

If for any reason you no longer wish to receive communications from Hamakor, or any interested third parties from whom we think you may want to receive information, please forward such request to our Customer Service Department or check off an opt-out box provided for that purpose wherever you see one on this web site.

Disclosure of Personal Information

Hamakor reserves the right to disclose any personal information about you or your use of the Hamakor Web Site without your prior permission if Hamakor has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Hamakor or its affiliated companies; (3) enforce these Terms and Conditions; or (4) act to protect the interests of its users, customers or others.

Correction of Your Personal Profile

You can always edit any personal information you give Hamakor by contacting our Customer Service Department.

Security

The importance of security for all personally identifiable information associated with our customers is of utmost concern to us at Hamakor. We exercise great care in providing secure transmission of your information from your PC to our servers. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, no web site operator, including Hamakor can ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. Once we receive your transmission, we take reasonable efforts to ensure its security on our systems. When credit card information is transmitted we use industry standard SSL (secure socket layer) encryption. We also have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at Hamakor.

Disclaimer

The Privacy Policy adopted by Hamakor and all statements contained on this site about privacy and how we deal with data supplied by visitors to these sites are not intended to be a contractual obligation of any kind and any such obligation is hereby disclaimed. These statements constitute the present policy of Hamakor as to which it will take reasonable measures to implement. Similarly, this Privacy Policy is not intended to be "advertising" or "advertising claims." Rather it is intended to set forth our policy, including our practices and intentions about how we conduct our business.

Other Sites Which May Be Linked To This Site

Hamakor may include some links to other Internet sites ("Linked Sites") maintained by third parties for your convenience only. You access Linked Sites at your own risk and independently of the Hamakor site. Hamakor, whether or not it has a relationship with Linked Sites, does not operate or control in any respect any information, products or services on Linked Sites, is not responsible for the content on the Linked Sites, and disclaims all liability for any injury you experience while you are in any Linked Site.

Disclaimer of Warranties and Limitation of Liability

THE CONTENT AND PRODUCT DESCRIPTIONS INCLUDED IN OR AVAILABLE THROUGH THE HAMAKOR WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE HAMAKOR WEB SITE AND TO THE CONTENT THEREIN. HAMAKOR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE HAMAKOR WEB SITE AT ANY TIME.

HAMAKOR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE CONTENT, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS CONTAINED WITHIN THE HAMAKOR WEB SITE FOR ANY PURPOSE. ALL SUCH CONTENT, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HAMAKOR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE CONTENT, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. HAMAKOR MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE CONTENT, SOFTWARE, PRODUCTS AND RELATED GRAPHICS ON THE HAMAKOR WEB SITE ARE APPROPRIATE OR AVAILABLE FOR DELIVERY IN LOCATIONS OTHER THAN IN THE UNITED STATES AND CANADA. THOSE WHO CHOOSE TO ACCESS THE HAMAKOR WEB SITE FROM LOCATIONS OUTSIDE OF THE UNITED STATES AND CANADA DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, IF AND TO THE EXTENT THAT LOCAL LAWS ARE APPLICABLE.

YOU SPECIFICALLY AGREE THAT HAMAKOR SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE HAMAKOR WEB SITE. YOU SPECIFICALLY AGREE THAT HAMAKOR IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT HAMAKOR IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE HAMAKOR WEBSITE BY ANY THIRD PARTY.

HAMAKOR'S LIABILITY FOR DIRECT DAMAGES SHALL NOT EXCEED, UNDER ANY CIRCUMSTANCES, THE AMOUNT PAID TO HAMAKOR FOR ANY PARTICULAR PRODUCT PURCHASED FROM THE HAMAKOR WEBSITE.

IN NO EVENT SHALL HAMAKOR AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE HAMAKOR WEBSITE, WITH THE DELAY OR INABILITY TO USE THE HAMAKOR WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS OBTAINED THROUGH THE HAMAKOR WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE HAMAKOR WEB SITE , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HAMAKOR OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE HAMAKOR WEB SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE HAMAKOR WEB SITE.

THE INFORMATIONAL CONTENT ON THE HAMAKOR WEB SITE IS PROVIDED SOLELY FOR ANY ONE OR MORE OF ENTERTAINMENT OR PROMOTIONAL PURPOSES.

Risk of Loss

All items purchased from Hamakor are made pursuant to a shipment contract. Delivery of goods shall be the responsibility of the carriers selected by Hamakor. Please see DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY below for further information. All inquiries regarding damaged or lost goods should be directed to our Customer Service Department.

Shipping, handling, and insurance costs will be added to the total amount of your purchase.

Termination

Hamakor may terminate your right to use its web site immediately without notice to you if, in its sole discretion, you fail to comply with any of these Terms and Conditions for its use. In the event of termination, you are no longer authorized to access the Hamakor Web Site. However, the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms and Conditions, shall survive such termination. These Terms and Conditions constitute the sole and entire terms and conditions on which you are permitted to use the Hamakor Web Site.

Indemnification

You agree to indemnify Hamakor, its shareholders, directors, officers, employees, agents, distributors, and vendors against any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting from your breach of any of these Terms and Conditions.

The Law That Governs This Web Site

These Terms and Conditions for the use of the Hamakor Web Site shall be construed in accordance with the laws of the State of Illinois, the principal place of business of Hamakor, without giving effect to any principles of conflicts of law. You agree to bring any claims against Hamakor exclusively in the state or federal courts located in Chicago, Illinois. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

Language

It is the express will of the parties that this agreement and all related documents have been drawn up in English.

Entire Agreement

Unless otherwise specified herein, this Terms and Conditions constitute the entire agreement between the user and Hamakor with respect to the Hamakor Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Hamakor with respect to the Hamakor Web Site.

Electronic Records and Communications

A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Customer Service

If you have any questions, comments, or concerns, please contact our Customer Service Department or call us at (800) 476-2388 Monday through Friday, 8:00am—4:00pm CT. If your inquiry regards an Order, you must be prepared to give us your name, address, phone number, e-mail, and Order number.