January 12, 2023
Website Terms and Conditions
By using or browsing The Institute for Holocaust Research and Education’s website, www.theihre.org, (the “Site”) you agree to these Website Terms and Conditions, together with any documents or policies they reference, incorporate or link to (“Terms”). If you do not agree to the Terms, you should not use the Site. Please read these Terms carefully.
By using the Site in any way, including, without limitation, browsing the Site, using any information, and/or submitting information to The Institute for Holocaust Research and Education (“IHRE”) through the Site, you agree to the Terms and assume total responsibility and risk for your use of the Site and any services contained herein. This includes, but is not limited to, conducting any transactions electronically, disclaimers of warranties, indemnification, damage and remedy exclusions and limitations, and choice of Minnesota law. If you do not agree to the Terms, you should immediately discontinue use of the Site. Your decision to use the Site shall be deemed as your acknowledgement that none of the terms are unconscionable or unreasonable to you in any manner whatsoever.
You also acknowledge that content on the Site, including these Terms, may change at any time, without any obligation on the part of IHRE to notify you of such changes. All changes are effective immediately when posted. It is your responsibility to review these Terms for any changes. Your use of the Site following any amendment or modification of these Terms will signify your agreement to and acceptance of its revised Terms. IHRE may, in its sole discretion, and at any time, discontinue the Site or any part thereof, with or without notice, or may prevent your use of the Site with or without notice to you. You agree that you do not have any rights in the Site and that IHRE will have no liability to you if the Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated. If you have any concerns regarding these Terms, please contact IHRE at firstname.lastname@example.org.
Using the Site
Certain areas of the Site, including without limitation the Contact Us page, may require registration or may otherwise ask you to provide information to participate in certain features or access or receive certain content. If you elect not to provide such information, you may not be able to access or receive certain content or participate in certain features of the Site or any features at all. If the Site requires you to submit information, you agree that you will provide accurate and complete information; that you will not impersonate a third party in your communications with IHRE; that you will only submit information about yourself or those for whom you are authorized to submit information; and that you will otherwise comply with these Terms. It is your responsibility to maintain the currency, completeness, and accuracy of your data, and any loss caused by your failure to do so is your responsibility. Opting in to receive newsletters does not guarantee the receipt of any such messages.
You understand and acknowledge that you have no ownership rights in your access to the Site or features therein. IHRE may terminate your access to the Site, and/or delete all information you may have submitted to IHRE or that which is associated with your use of the Site, at any time, and without notice, for any reason, including if IHRE deems that you have violated these Terms, the law, or for any other reason. IHRE assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site.
You agree that IHRE and its third-party vendors may collect and use technical and usage data and related information, including but not limited to technical information about your device, geolocation, date and time of Site access, system and application software, and peripherals, that is gathered periodically to, among other things, facilitate the provision of the Site to you. You grant IHRE the permission to use this information to improve its Site or to provide services to you, unless you expressly opt out of receiving such services.
Content and Intellectual Property Ownership
All right, title and interest in and to the information, content, data, photographs, images, graphics, videos, audio, trademarks, service marks, logos, and other material (collectively, the “IHRE Content”) available at the Site, including, without limitation, any copyrights in or to the IHRE Content, belong to IHRE and its content providers or their licensors, and is protected in the United States and internationally under trademark, copyright, privacy, and other intellectual property laws. All trademarks, service marks, trade names and logos of IHRE appearing on the Site are the property of IHRE. All uses of such marks shall inure solely to the benefit of IHRE. The use of IHRE’s marks in conjunction with any other logos or marks shall not create a unitary or composite mark. IHRE’s trademarks, service marks, trade names and logos may not be used without IHRE’s permission. IHRE may refer to third party trademarks on the Site. IHRE makes no claim to ownership of any third party trademark.
The IHRE Content may not be reproduced, downloaded, disseminated, published, or transferred in any form or by any means, without IHRE’s or its licensor’s permission. This includes, but is not limited to, downloading, displaying or using any IHRE Content located on the Site in whole or in part for use in any publications, in public performances, on websites other than the Site for any other commercial purpose, in connection with products or services that are not those of IHRE, in any other manner that is likely to cause confusion among consumers, that disparages or discredits IHRE and/or its licensors, that dilutes the strength of IHRE’s or its licensor’s property, or that otherwise infringes IHRE’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any IHRE Content or third party content that appears on the Site.
Any unauthorized use of the IHRE Content may be a violation of federal, state, or international law subject to criminal and civil penalties. By visiting the Site, you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any IHRE Content, available at the Site. You agree not to display or use any IHRE Content in any manner, or for any commercial purpose, without permission from IHRE.
Copyright Violations. If you believe any image on the Site infringes upon your copyright or applicable law, please contact us with the following information:
- a description of the copyrighted work that you claim has been infringed;
- a description of where the image that you claim is infringing is located on the website including the URL where the image may be found;
- your email address or other contact information that is sufficient for us to contact you;
- a statement by you that you in good faith believe that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you that the above information in your notice to us is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
Notices should be directed to: email@example.com or by mail at:
229 Minnetonka Avenue South
Wayzata, MN 55391
Attention: Legal Department
IHRE is based in the State of Minnesota in the United States. This Site is intended for use by persons located in the United States. IHRE makes no claims that the Site is accessible, usable or suitable for use outside of the United States. Access to the Site may be illegal outside the United States. If you access the Site from outside the United States, you are fully responsible for your compliance with local laws.
Disclaimer of Warranties & Limitation of Liability
You understand and acknowledge that IHRE cannot and does not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other malicious code. You are responsible for using anti-virus protection and backing up your data. IHRE IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A RANSOM-WARE ATTACK, DENIAL-OF-SERVICE ATTACK, VIRUSES OR ANY OTHER HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, OR DATA DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
IHRE HEREBY NOTIFIES YOU THAT THIS SITE IS STRICTLY PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. IHRE, ON ITS OWN BEHALF AND ON BEHALF OF AND ITS 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, IHRE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SITE 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, IHRE MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE SITE, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SITE; (IV) THAT THE SITE, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF IHRE ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL IHRE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL IHRE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND IHRE’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You acknowledge that any reliance on the Site or any content will be at your own risk. IHRE also makes no representations regarding the amount of time that any content will be preserved. IHRE may from time to time revise the information, services and the resources contained in the Site and reserves the right to make such changes without any obligation to notify past, current or prospective visitors or users. In no event shall IHRE be liable for any indirect, special, incidental, or consequential damages arising out of any use of the information contained herein. You acknowledge that IHRE may, in its sole discretion, and at any time, discontinue the Site or any part thereof, with or without prior notice, or may prevent your use of the Site with or without notice to you. You agree that you do not have any rights in the Site and that IHRE will have no liability to you if the Site is discontinued or your ability to access the Site or content available at the Site is terminated.
Third Party Websites
IHRE 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 IHRE shall 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.
You should read the terms and conditions and privacy policies of any third-party websites or services that You visit.
You agree to indemnify and hold IHRE, its founders, parents, subsidiaries, officers, directors, members, employees, agents, licensors, representatives, third-party providers and website contractors and each of their officers, employees and agents, harmless from any claims, damages and, expenses, including reasonable attorneys’ fees and costs, related to violation of these Terms or unlawful or abusive behavior, including the infringement of any intellectual property or privacy rights of any person, or any violations thereof by any person who uses your account.
Both you and IHRE acknowledge and agree that no partnership is formed and neither of you nor IHRE has the power or the authority to obligate or bind the other. These Terms constitute a binding agreement between you and IHRE and are accepted by you upon your use of the Site. These Terms constitute the entire agreement between you and IHRE regarding the use of the Site. By using the Site, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.
This Agreement will be governed by and construed in accordance with the internal laws of the United States and the State of Minnesota without regard to conflicts of laws principles. By using the Site, you hereby agree that any and all disputes regarding these Terms will be subject to the federal, state and local courts in Minnesota and you hereby submit to the personal jurisdiction of those courts. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that term will be enforced to the fullest extent permitted by applicable law and is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The failure of IHRE to comply with these Terms because of an act of God, war, fire, riot, terrorism, insurrection, earthquake, pandemic, quarantine, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of IHRE, shall not be deemed a breach of these Terms.
Although IHRE will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of IHRE or others due to such unauthorized use. If IHRE fails to act with respect to your breach or anyone else’s breach on any occasion, IHRE is not waiving its right to act with respect to future or similar breaches.
The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between you and IHRE relating to the Site, and replace any prior understandings or agreements (whether oral or written) regarding the Site. Any promotions contained herein are void where prohibited.
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