terms of service – DVORA Life

DVORA LIFE™ Website Terms And conditions of use

Welcome to DVORA-powered community website https://dvoralife.com (the “Website”) operated by Dvora Life LLC (“DVORA” or “Company”). The Website is designed to provide information about DOVRA’s apartments, services and events. By accessing or using the Website, you indicate that you have read and understand this Terms and Conditions of Use Agreement (the “Terms of Use”), which incorporates by reference our Privacy Policy, and agree to be legally bound by it. Our Privacy Policy is located at https://dvoralife.com/privacy-policy/. You must accept this Terms of Use in its entirety in order to use the Website. If you do not understand or have questions about the Terms of Use, immediately stop all use of the Website and contact privacy@dvoralife.com. If you do not accept this Terms of Use, you may not use the Website. Your continued use of the Website constitutes your agreement to the most current version of this Terms of Use. If at any time you do not agree to this Terms of Use, you must cease your use of this Website.

The Terms of Use apply only to the Website and do not apply to any websites that are linked to the Website. For access to the terms and conditions or privacy policies of linked websites, please refer to the policies of such websites. The Terms of Use are subject to change at any time by us, without prior notice to you, by our posting them on the Website. It is your obligation to review the Terms of Use before accessing the Website. Any changes to the Terms of Use will be effective immediately upon our posting them to the Website, unless otherwise stated.

I. Termination Of Access

Use of this Website is a privilege. Users who violate this Terms of Use may be denied access to the Website, and we reserve the right to suspend your use of the Website for any reason at any time, in our sole discretion. The Website and its contents are not intended for the use of children under the age of 18 and children under the age of 18 do not have permission to access the Website except under the supervision of a parent or legal guardian who is at least 18 years of age, and who agrees to be bound by these Terms of Use on behalf of the minor.

II. Definitions

For the purposes of this Terms of Use, the following definitions apply:

“Affiliates” refers to companies and divisions under the ownership of DVORA or that own DVORA.

“Content” includes all Text, Graphics, Design and Programming used on the Site.

“Graphics” includes all logos, buttons, and other graphical elements on the Website, including the color combinations and the page layout of the Website, with the exception of trademarks and intellectual property belonging to third-parties and displayed with permission.

“Programming” includes, but is not limited to, both client-side code (including but not limited to HTML, PHP, JavaScript, etc.) and server-side code (including but not limited to Active Server Pages, VBScript, databases, etc.) used on the Website.

“Text” includes all text on every page of the Website, whether editorial, navigational, or instructional.

“User” or “you” or “your” refers to any individual who uses or accesses any aspect of the Website or any services offered on or through the Website.

III. Use Of This Website

BY BROWSING/USING THE WEBSITE, DOWNLOADING ANY INFORMATION FROM THE WEBSITE, INCLUDING ANY APPLICATION TO RENT OR LEASE AN APARTMENT OR OTHERWISE OBTAIN ANY INFORMATION OR SERVICES, YOU REPRESENT AND WARRANT THAT (1) YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF THESE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH DVORA, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY.

The information displayed on the Website may not be used for any purpose except in connection with your direct use of the Website as permitted by this Terms of Use, and may not be excerpted, summarized, duplicated or otherwise removed from the Website except with our explicit, written permission. You may not collect or use any portion of the content of this Website in any derivative way, or download, or copy information or other matter for use of any other party. You may not gather information and data on the Website from data mining, robots, spiders, or other extraction tools.

In addition, you agree that you will not use (or plan, encourage or help others to use) the Website for any purpose or in any manner that is prohibited by this Terms of Use or by applicable law. You also may not interfere with the proper operation of the Website including by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Website or its servers or network, through the use of bots, Trojan Horses, viruses, DNS attacks, or any other technology that is designed or intended to interfere with the proper operation of the Website or the use of the Website by any user. You agree that you will not circumvent or attempt to circumvent any security or access control technology implemented on the Website, or the servers and network associated with the Website. Any such unauthorized use by you or on your behalf automatically terminates the permission or license granted by us. In addition, you agree not to use this Website to do any of the following:

upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
upload, post, email, transmit, submit, share or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit, submit, share or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
upload, post, email, transmit, submit, share or otherwise make available information that is known by you to be untrue, false or misleading or which does not fairly or accurately depict or describe the subject matter which is the subject of the information posted by you;
upload, post, email, transmit, submit, share or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or intercept, download or transmit unauthorized data;
use the Website, or other activities to “stalk” or otherwise harass or harm another, or improperly access another’s information;
advocate illegal activity or an intention to commit an illegal act;
impersonate or misrepresent your connection to any other entity or person or otherwise manipulate identifiers to disguise the origin of the content;
advertise or otherwise engage in any commercial endeavor without DVORA’s explicit, written permission;
use the Website in any manner that could damage, disable, overburden, or impair any Company server, or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to the Website or interfere with any other party’s use and enjoyment of the Website;
attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to any Company server, through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website;
intentionally or unintentionally violate any applicable local, state, national or international law; and
provide or attempt to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act.

All photographs and images on the Website are for illustrative purposes only. All renderings of views and exposure are for representational purposes only. Company makes no representations with respect to actual, current or future views from any particular elevation, floor, or unit, nor does Company make any representations as to accuracy by any existing or future construction or demolition by Company or a third party.

Additionally, you grant DVORA a nonexclusive, worldwide, royalty-free, irrevocable right to exercise all copyright, trademark rights, and rights of publicity over the content you submit to DVORA in any existing or future media, known or unknown, now or at any later date. User represents and warrants that User owns or otherwise controls all of the rights to the content it submits to DVORA and that the use of such materials by DVORA will not infringe upon or violate the rights of any third-party.

IV. Intellectual Property Rights

DVORA owns any and all intellectual property rights relating to the DVORA brand, trade name, trade dress, and other content including: copyright, trademark, service mark, trade name, trade dress, proprietary logo, insignia, business identifier, and/or other Text and Graphics that has or provides the “look and feel” of the DVORA brand image, as well as all of the Content, including the Text, Graphics, Programming, photographs, video and audio contained herein (the “Intellectual Property”). Your use of the Website does not grant you any rights or licenses relating to the DVORA Intellectual Property, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, and other intellectual property and proprietary rights therein, except as expressly provided for in these Terms of Use. None of the Intellectual Property may be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, re-sold or used in any sale, or exploited for in any way, in whole or in part, except as provided for herein and unless you obtain our prior written consent. You may not reproduce, modify, display, sell, or distribute the Intellectual Property, or use it in any other way for public or commercial purpose. The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate web pages on the Website, as well as any Graphics or Programming. All other product names, names of services, trademarks, service marks and other intellectual property is the property of their respective owners, as indicated, and may only be used as permitted.

V. Monitoring Of Information

We do not assume any obligation to review the accuracy, completeness, truthfulness or content of any information submitted to the Website by Users, if any. Each User assumes the risk of verifying the accuracy of information posted by Users (if any) through independent investigation. Notwithstanding the foregoing, DVORA reserves the right to monitor the use of this Website to determine compliance with the Terms of Use or for any other purpose whatsoever, to refuse to accept submitted information for any reason, and to suspend or terminate your access to the Website, for any or no reason and at any time. DVORA further reserves the right to seek any remedy available at law or in equity for any violation of the Terms of Use. You remain solely responsible for the content of your submissions and acknowledge and agree that DVORA shall not be liable to you or to any third-party if DVORA refuses to accept your submitted information or terminates your access to the Website.

DVORA reserves the right to cooperate with any law enforcement authorities or court order requesting or directing DVORA to disclose the identity of anyone posting any email messages, or publishing or otherwise making available any materials that are believed to violate the Terms of Use or law. You agree to waive and indemnify and hold DVORA harmless from and against any and all claims whatsoever resulting from or in connection with any action by DVORA regarding any investigations either by DVORA or law enforcement authorities.

VI. Procedure for Making and Responding To Claims of Copyright Infringement

We will respond to claims of copyright infringement, and will promptly process and investigate notices of alleged infringement by third-parties and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c)(2), where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by third-parties should be sent to Website’s designated agent noted below (the “Designated Agent”). If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on the Website, please notify us by contacting the Designated Agent.

In order to give effective notification of a claim of copyright infringement by a third-party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works are covered by a single notification, a representative list of such works on the Website, that are claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit DVORA to locate the material; (4) information reasonably sufficient to permit DVORA to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Designated Agent for notice of claims of copyright infringement can be reached as follows:

E-mail Address: privacy@dvoralife.com

Postal Address: 155 2^nd Street, Jersey City, NJ 07302

Attn: DVORA Website – COPYRIGHT INFRINGEMENT

If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the person alleged to be infringing that DVORA has removed or disabled access to this material. Please note that, under the DMCA, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys’ fees, incurred by the person alleged to be infringing who is injured by such misrepresentation as a result of reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.

VII. Information You Provide to DVORA via this Website

If you choose to provide any personal information via this Website, the information will be used only for certain purposes, as described in our Privacy Policy. Additionally, we may collect or share certain information based on your usage of the Website, as described in our Privacy Policy.

In order to facilitate communications between you and DVORA, this Website offers you the ability to contact us. Although we strive to protect and secure our online communications, and use the security measures detailed in our Privacy Policy to protect your information, please note that no data transmitted over the Internet can be guaranteed to be completely secure and no security measures are perfect or impenetrable. DVORA shall have no liability whatsoever for any unaccepted or unprocessed email instructions or requests, or for any loss or damage arising from or in connection with any unauthorized use by third-parties of any information that you send by email. If you would like to transmit sensitive information to us, please contact us to arrange a more secure means of communication.

VIII. Disclaimer of Warranties & Limitations of Liability

Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Website. Your use of the Website, and the obligations and liabilities of us in respect of your use of the Website, is expressly limited as follows:

Third-Party Websites

Notwithstanding the presentation of, or links to, any third-party information or website on the Website, no such presentation shall be considered an endorsement, guarantee, representation or warranty, either express or implied, by us on behalf of any third-party. We shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third-party websites accessed from or via the Website. Access to third-party websites from the Website is done at your own risk.

DISCLAIMER OF WARRANTIES

THE WEBSITE AND ITS CONTENT IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. WE DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. YOUR USE OF THIS WEBSITE AND RELIANCE ON ANY OF ITS CONTENT IS AT YOUR OWN RISK. DVORA MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY PRODUCTS OR SERVICES THAT ARE OFFERED ON THE WEBSITE.

DVORA DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED, ACCURATE OR ERROR-FREE. YOU AND NOT DVORA ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT THAT THERE IS ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR ITS CONTENT. DVORA DOES NOT WARRANT OR MAKE ANY REPRESENTATION WHATSOEVER REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT OF THIS WEBSITE RELATED TO ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT OF THIS WEBSITE MAY INCLUDE ERRORS (INCLUDING, WITHOUT LIMITATION, TECHNICAL OR TYPOGRAPHICAL ERRORS), AND DVORA MAY MAKE CHANGES OR IMPROVEMENTS TO THIS WEBSITE AT ANY TIME WITH OR WITHOUT NOTICE.

NEITHER DVORA NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THIS WEBSITE SHALL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THIS WEBSITE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL DVORA AND/OR ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD-PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS AND DAMAGES) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DVORA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR THE SERVICES OFFERED ON OR THROUGH THE WEBSITE. EXCEPT AS OTHERWISE PROVIDED HEREIN, A USER MAY SEEK LEGAL OR REMEDIAL ACTION DIRECTLY FROM ANOTHER USER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF DVORA TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE TOTAL DAMAGES FOR WHICH DVORA SHALL BE LIABLE SHALL BE LIMITED TO $100.00.

Release and Indemnification

You, on behalf of your successors, assigns, heirs, and personal representatives hereby irrevocably and fully release DVORA, and its subsidiaries, Affiliates and each of their officers, directors, employees, assigns, agents and representatives from and against any and all suits, claims, actions, causes of action, arbitration, liabilities, obligations, damages, losses, penalties or fines known or unknown, arising out of or in connection with (1) your use of this Website, and/or (2) the use of any information accessed by you from this Website.

You agree to indemnify, defend and hold DVORA and its subsidiaries, Affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees and costs of suit, made by any third-party due to or arising out of (1) your use of this Website, (2) information that you submit, transmit, or otherwise make available via this Website, and (3) your breach of this Terms of Use.

Exclusions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE SOME OF THE EXCLUSIONS AND/OR LIMITATIONS STATED ABOVE MAY NOT APPLY TO YOU.

IX. General Information

Entire Agreement.

These Terms of Use, together with the Privacy Policy and if applicable, and written agreements (such as a Lease) entered into separately between you and DVORA, constitute the entire agreement between you and DVORA governing your use of this Website, superseding any prior agreements between you and DVORA with respect to this Website. You also may be subject to additional terms and conditions that may apply when you use or purchase certain services of DVORA.

Waiver and Severability.

The failure of DVORA to enforce any right of the provisions in the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, it shall not affect any other provision of the Terms of Use, and the Terms of Use shall be construed without regard to the invalid, illegal, or unenforceable provision.

Choice of Law; Jurisdiction; Venue.

Your use of this Website and any dispute arising out of or in connection with this Website shall be governed by the laws of the State of New Jersey without giving effect to any conflict of laws provisions. By accessing this Website, you agree that any action or proceeding arising out of or in connection with this Website shall be brought solely in a court of competent jurisdiction sitting in the State of New Jersey. You agree to submit to the personal and exclusive jurisdiction of the courts located in New Jersey. You hereby waive any defense of an inconvenient forum to the maintenance of any action or proceeding in other courts and any objection to venue with respect to such proceeding.

Viruses and Transmission of Sensitive Information.

DVORA cannot and does not guarantee or warrant that the materials contained on this Website will be free of viruses, worms or other code or related hazards that may have destructive properties (collectively “viruses”). It is your responsibility to ensure that you have sufficient procedures, firewalls, checkpoints, and safeguards within your computer system to satisfy your particular requirements to protect against viruses. DVORA does not assume any responsibility or risk for your use of the Internet, nor does DVORA assume any responsibility for any products or services of, or hyperlinks to, third-parties.

Miscellaneous.

We do not represent that materials on the Website are appropriate or available for use in your location. Persons who choose to access the Website do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of the Terms of Use or Privacy Policy is found to be unenforceable for any reason, than such provision shall be deemed deleted from the Terms of Use or the Privacy Policy, as the case may be, and shall not affect the validity or enforcement of any remaining provisions.