BECAUSE THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS, PLEASE READ THEM CAREFULLY BEFORE COMPLETING THE DARSHAN YESHIVA ONLINE TRAINING.
This Agreement is made between PunkTorah, a Delaware non-profit organization, with offices in Atlanta, GA, U.S.A. (the “Company”), and the internet user (the “User”) of the DARSHAN YESHIVA Online Self Training.
1. DARSHAN YESHIVA: THE SERVICE
The DARSHAN YESHIVA Online Self Training (the “Service”) is an internet-based Jewish education, conversion to Judaism and ritual training program. By purchasing and completing a the DARSHAN TRAINING PROGRAM, the User will be certified as a DARSHAN YESHIVA “Darshan”, a lay Jewish spiritual facilitator. Completing the Online Self Training is not equivalent with any form of professional certification in mental health licensure, clinical pastoral education, chaplaincy, Jewish studies or rabbbinics and does not give individuals the right to call themselves or practice as “counselors”, “chaplains” or “rabbis”, or to provide these or any similar services for compensation. PunkTorah does not make claim to the DARSHAN YESHIVA as an accredited institution of higher learning, conferring academic credit or certification for completed work.
The Service is intended for lay Jewish leaders who are interested in learning more about Jewish educational topics and ritual, in order to serve as lay volunteers in their community. Users who have completed this program may not sell or in any way profit from the training they have received.
The Service utilizes streaming video and downloadable PDF files, and is designed for those using a high speed internet connection.
The Company makes no guarantees or warranties, either express or implied, regarding the ultimate effectiveness of the volunteer lay leadership provided by the User after completing the Online Self Training Service. The Company also makes no guarantees or warranties about the ability to receive employment as a result of completing the Service or recognition from any organization as a Jewish leader.
Our ONLINE CONVERSION TO JUDAISM PROGRAM is a service connecting rabbis and students together for the purposes of helping students facilitate a conversion to Judaism. Darshan Yeshiva is, in this manner, a brokering service, connecting two individuals together for a religious purpose.
DARSHAN YESHIVA IS NOT A LAW FIRM, THEREFORE DARSHAN YESHIVA MAKES NO CLAIM TO THE AUTHENTICITY OF THESE CONVERSIONS FOR THE PURPOSES OF IMMIGRATION TO ISRAEL OR BECOMING A JEWISH CITIZEN OF THE STATE OF ISRAEL OR BECOMING JEWISH UNDER ISRAELI LAW FOR THE PURPOSES OF MARRYING AN ISRAELI CITIZEN.
By using the Service, the User agrees, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions.
Either the User or the Company may terminate the User’s account at any time, for any reason, or for no reason at all, without explanation. Termination is effective upon sending electronic notice to the other party. Use of the Service is subject to compliance with these Terms and Conditions. The Company reserves the right to immediately suspend or terminate the User’s access to the Service, without notice, upon the User’s breach of this Agreement. In the event the User’s access to the Service is suspended because of the User’s breach of this Agreement, the User agrees that all fees then paid to the Company are non-refundable.
4. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN THE SERVICE
The Company reserves the right to modify the Service from time to time, for any reason, and without notice, including the right to terminate the Products and Services. The Company reserves the right to modify these Terms and Conditions from time to time, without notice. It is the User’s responsibility to review these Terms and Conditions from time to time so as to be apprised of any changes.
5. REGISTRATION AND CONFIDENTIALITY
6. LIMITED LIABILITY
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE COMPANY’S AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE FEE PAID BY THE USER FOR THE ACCOUNT.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE.
7. DISCLAIMER OF WARRANTIES
THE COMPANY PROVIDES THE SERVICE ON AN “AS IS” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE. THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICE. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE, OR THAT IT WILL MEET THE USER’S REQUIREMENTS, OR THAT ANY DEFECTS IN THIS SERVICE WILL BE CORRECTED. THE COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY TO THE SERVICE. THE COMPANY DOES NOT WARRANTY THE EDUCATIONAL, RITUAL OR OTHER SERVICES PROVIDED BY THE USER.
The User will, at no expense to the Company, indemnify, defend, and hold harmless the Company, its officers, directors, employees, volunteers, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney fees) relating to or arising from the User’s use of the Service, including any breach by the User of the terms of this Agreement. THE USER HEREBY AGREES TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF GENERAL RELEASES.
9. USER MINIMUM AGE REQUIREMENT
The User must be 18 years of age to use the Service. When purchasing the DARSHAN YESHIVA’s program, the User represents and warrants that the User is at least 18 years of age.
10. EXCLUSIVE USE
Upon registering for the Service, the User will receive a Login Code. The User is responsible for maintaining the confidentiality of the Login Code and is solely responsible for all activities that occur under the account associated with their Login Code. The User’s account is for personal use by the User. The User may not authorize others to use the account, and the User may not assign or otherwise transfer the account to any other person or entity. The User agrees to safeguard the login information used to access this site. The User agrees not to disclose or share his or her login information with any third party. The User authorizes the Company to assume that any person using the site with the User’s name and login information is the registered User.
11. LICENSE; COPYRIGHT
Except as expressly provided herein, nothing within the Service, including these Terms and Conditions, shall be construed as conferring any license to the User. The User acknowledges and agrees that certain content available through the Service is protected by copyright, trademark, patent, or other proprietary rights of the Company, its affiliates, licensors, and service providers. Except as expressly provided to the contrary, the User agrees not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by the Company in connection with the Service. The User agrees not to hold himself or herself out as in any way sponsored by, affiliated with, or endorsed by the Company, any of its affiliates, or any of its service providers. The User agrees not to use any of the trademarks or service marks or other Content accessible through the Service of any purpose other than the purpose for which such Content is made available to the User. The User agrees not to defame or disparage the Company, the trademarks or service marks of the Company, or any aspect of the products of the Service. The User agrees not to adapt, translate, modify, decompile, disassemble, or reverse engineer the products or the Service or any software or programs used in connection with the products and the Service or the Company.
12. ONLINE CONDUCT
The User will use the Service in a manner consistent with any and all applicable local, state, federal, and international laws and regulations, including, but not limited to, United States export control laws. The User is not located in, under the control of, or a national or resident of any country that the United States has (i) embargoed goods, (ii) identified as a “Specialty Designated National,” or (iii) placed on the Commerce Department’s Table of Deny Orders. Use of the Service is void where prohibited.
13. THIRD PARTY ADVERTISERS
The User’s correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, whether by official site “links” or by pop-up ads, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such advertiser. The User agrees that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
14. DISPUTE RESOLUTION
To resolve a complaint regarding the Service, the User agrees to first contact the Company and express the User’s concern. Any controversy or claim arising out of or relating to these Terms and Conditions or any User’s use of the Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Atlanta, GA, or any of its surrounding cities, and judgment on the arbitration award may be entered into in any state or federal court in Georgia having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Georgia having jurisdiction thereof. The state and federal courts of Georgia shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any User’s use of the Service. By using the Service and thereby agreeing to these Terms and Conditions, the User consents to personal jurisdiction and venue in the state and federal courts in Georgia with respect to all such disputes.
15. CHOICE OF LAW
The laws of the State of Georgia (regardless of conflicts of law principles) shall govern this Agreement, and any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the federal and state courts of Georgia, other than actions to enforce any order or judgment entered by such courts.
16. ENTIRE AGREEMENT
This Agreement, which the User accepts upon registering for the Service, contains the entire agreement between the Company and the User regarding the use of this Service. Unless otherwise explicitly stated, the terms and conditions herein will survive termination of the User’s use of the Service.
If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
No provision hereof and no breach of any provision hereof shall be deemed waived by any previous waiver of such provision or of any breach thereof, by any previous custom, practice or course of dealing or by the Company’s failure to object to provisions contained in any communication or order from the User.
Programs include a 100% money-back guarantee. If within thirty (30) days of purchase, you decide not to use our program and services, you may request a full refund. To obtain a refund, you will have to contact us, including the username, email address, and name on file for the account you wish to cancel. At that time, we will cancel your membership and refund any one-time payment made.
ALL refunds will be made by crediting the Approved Facility used to make the original purchase. NO refunds will be made by cash or paper check. ALL refunds will be issued within thirty (30) days of communication between the User and DarshanYeshiva.org’s customer service.
PunkTorah, Inc. is committed to guarding the privacy of any customer information gathered and transmitted over the internet.
Information Gathered from Users of the DARSHAN YESHIVA program
When using our web-based training program, participants are asked to login using their ID and password in order to gain increased access to the secure website.
PunkTorah maintains contact information for trained lay leaders as well as participants who have not completed the program. This information is stored in a password protected secure system and used for the purposes of authenticating certification status, organizational communications and email correspondence.
PunkTorah does not sell or distribute the names, email, or contact information of any users to any other individual or group. Users can call customer service or login online to verify and update their personal information.
DARSHAN YESHIVA program participants have the option of being listed on our online referral database. A listing status can be changed at any time by contacting PunkTorah, or by logging into the “profile” section of the website. For those who choose to be listed on the referral database, they are agreeing to have at a minimum, their name, current city, state/province, country and email address listed. They can also list other information if so desired. This information is then made available to the general public who visit the Site.
Users have the option of paying for DARSHAN YESHIVA training using credit card or debit card.
All online credit and debit card purchases are processed by secure technology by Stripe.com and Paypal.com, recognized leaders in secure financial transaction services. Once a payment is processed, PunkTorah encrypts and saves only the last 4 digits of credit card numbers allowing us to track payment inquiries if needed. Purchasing any of our services online does require customers to provide their mailing address, the name as it appears on the credit card, expiration dates, and for U.S. customers, your zip code. Email addresses are required for providing order confirmation.
PunkTorah stores archival research data on users who have registered for our online trainging program. This data is encrypted and stored on a secure password protected database. PunkTorah, Inc. uses these records for internal business research only. While aggregated statistics gathered from the research data may be shared for purposes of improving our program and its systems, individual Users information will never be shared.
When you visit our Site, certain types of information about your visit are automatically captured. This information includes the Internet Protocol (IP) address through which
you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked. This gives PunkTorah, Inc. information concerning the frequency with which users visit different parts of our site. We do not link IP addresses to anything personally identifiable. This means that a user’s session will be tracked, but the user will remain anonymous.
Cookies are not required in order to use our site. If you do have cookies turned on in your browser, our site will only use them to store a randomly generated session id. If you do not have cookies turned on in your browser, our site will automatically include a randomly generated session id within the URL for each page that you access. In either case, the session id allows your browser to maintain a continuous user session with our site and is used for no other purpose.
The DARSHAN YESHIVA program, a project of PunkTorah, Inc. is for adults 18 years of age and older. PunkTorah does not knowingly collect personally identifiable information from minors, and will purge this information from our database if discovered.
PunkTorah, Inc. has adopted security measures to protect the loss, misuse and alteration of all information stored in our database. These measures include the use of Secure Server technology during credit card transactions and administrative access to site data, as well as other proprietary security measures, powered by third party financial transaction providers Stripe.com and Paypal. While we are committed to exercising reasonable care in providing secure transmission of information between your computer and our servers, we cannot ensure or warrant the security of any information transmitted to us over the Internet and we accept no liability for any unintentional disclosure.
The fastest way to reach us is via email or phone:
Help Desk: +1 (323) 452-2512
Monday – Friday
You can also contact our main office via snail mail:
Attn: Darshan Yeshiva Customer Service
PO Box 7414
Richmond, VA 23221
Acceptance of Privacy Statement
Your use of our website, including any dispute concerning privacy, is subject to this privacy statement.