Website Terms & Conditions of Use

Last  updated: March, 2024

Please read these terms and conditions carefully before using Our Service. These Terms and Conditions of Use apply to the websites of the Israel’s Fallen Heroes Fund (“the Fund”) or its affiliates, which include but are not limited to www.fallenh.org, (the “Website”).

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions will have the same meaning regardless of whether they appear in singular or plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
  • Application means any direct software program designed for the Company or any Affiliate, (commonly known as “App”).
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Israel’s Fallen Heroes Fund.
  • Device means any device that can access the Service such as, without limitation, a computer, cell phone, or digital tablet.
  • Service refers to the Website and Application, if any.
  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including without limitation, data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
  • Website refers to the website of the Company, accessible from https://www.fallenh.org/
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment: Use of and Access to the Website

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions of Use set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 13. The Company does not permit those under 13 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Intellectual Property Rights 

Israel’s Fallen Heroes Fund and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Website and Apps are the trademarks of their respective owners.

The Website and Apps and all contents accessed through or on the Website and Apps including but not limited to the text, information, software, images, videos, logos, design, and graphics (collectively, the “Materials”) are owned by the Company or its affiliates or licensors. The Materials are protected by copyright, trademark, trade secret, and other intellectual property laws and treaties. The Terms permit you to use the Website and Apps for your personal, non-commercial use only.  You may print or save copies of the Website and Apps solely for your personal, non-commercial use.  You may not: 

  • Distribute, transfer, transmit, copy, upload, download, post, publish, display, perform, modify, or otherwise create derivative works from any of the Materials without the Company’s prior written consent; 
  • Decompile, reverse engineer, or disassemble software code or software materials; or 
  • Remove any copyright notice or other proprietary notices from the Materials. 

Any use of the Website and Apps not expressly permitted by these Terms is a breach of these Terms and may also violate copyright, trademark, and other laws.

Prohibited Uses

You may not use the Services for any unlawful purpose or in violation of any provision of applicable federal, state, and local laws or these Terms. 

You may not:

  • Post or submit any material that is obscene, defamatory or libelous, constitutes an illegal threat, violates rights of privacy or publicity, or infringes any third party’s intellectual property rights;
  • Use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of our Services;
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites, the server(s) on which the Websites or Apps are stored or hosted, or any server, computer, or database connected to the Websites or Apps;
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
  • Use any robot, spider, or other automatic device, process, or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites.

If We are notified of allegedly defamatory, damaging, illegal, or offensive content posted or provided by a user, we may investigate the allegation and determine, at our sole discretion, whether to modify or remove such content from the Services.  

If We determine, in our sole and absolute discretion, that you have violated any provision of these Terms or any applicable law, we may, at any time, terminate, restrict, or modify all or part of your access, times of availability, and required equipment and software for use of the Services.

We may disclose any content or electronic communication from you: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Services; or (iii) to protect the rights or property of the Company, its members, users of the Services, or third party service providers.

Links to Other Websites

Our Service may contain links to third party websites or services that are not owned or controlled by the Company.

The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that the Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services you visit.

Linking to the Sites and Social Media Features

You may link to our Sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement by the Company.  

The Services may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Service;
  • Send emails or other communications with certain content, or links to certain content, on the Service;
  • Cause limited portions of content on the Service to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. You must not:

  • Establish a link to any of our Services from any website that is not owned or legally operated by you;
  • Cause the Services or portions of them to be displayed on, or appear to be displayed by, any other site (for example, by framing, deep linking, or in-line linking);
  • Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our sole discretion.

Online Purchases

All purchases or donations made through our Sites are governed by these Terms and any additional terms and conditions that are applicable to specific purchases or donations. Please be sure to review all additional terms and conditions before you make any purchases or donations via the Website or Apps.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event will the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Disclaimer of Warranties

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company’s providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

YOUR USE OF THE SITES, THEIR CONTENTS AND ANY FEATURES IS AT YOUR OWN RISK. 

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SEMINOLE TRIBE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

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

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SERVICE PROVIDERS OR AGENTS, BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INJURY, LOSS, CLAIM, OR DAMAGES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITES, WHETHER BASED IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING THE FOREGOING, THE LAW OF YOUR STATE MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Governing Law

These Terms and your use of our Sites shall be governed by and interpreted in accordance with the applicable laws of the United States and the Company without giving effect to any choice of law or conflict of law provision or rule. To the extent that federal law are held to have not preempted local law, these Terms and your use of our Sites shall be governed by the laws of the State of Florida, to the extent applicable, without regard to the rules regarding conflict of laws.  

By using our Services, you consent to the exclusive jurisdiction of the federal and state courts in Miami-Dade County, Florida for any action or proceeding arising out of or relating to these Terms or your use of, or reliance on, our Services. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Dispute Resolution

If you have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company at info@fallenh.org.

For European Union (EU) Users

If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company at info@fallenh.org.

Class Action Waiver

WHERE PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and the Company agree, no tribunal may consolidate more than one person’s suits or actions or otherwise preside over any form of a representative or class proceeding.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver
Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms will not affect a party’s ability to exercise such right or require such performance at any time thereafter nor will the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text will prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the Website or App or any Service, content, feature, or product offered through the Website, with or without notice for any reason. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Website, or any service, content, feature or product offered through the Website.

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound immediately by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.

Contact Us

We welcome your questions, comments, and concerns regarding our Terms and Conditions. You can contact us anytime at info@fallenh.org

Israel’s Fallen Heroes Fund

5314 16 Ave. Suite #370

Brooklyn, NY 11204

Tax ID: 83-1635608

info@fallenh.org