ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND Aleph Beta WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
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THE SERVICE, INCLUDING, WITHOUT LIMITATION, Aleph Beta CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER Aleph Beta NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "Aleph Beta PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE Aleph Beta CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO Aleph Beta OR VIA THE SERVICE. IN ADDITION, THE Aleph Beta PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE Aleph Beta PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
UNDER NO CIRCUMSTANCES WILL THE Aleph Beta PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE Aleph Beta CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE Aleph Beta PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE Aleph Beta PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE Aleph Beta PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE Aleph Beta PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF Aleph Beta'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE Aleph Beta PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE Aleph Beta PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Aleph Beta IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
You may opt out of this agreement to arbitrate. If you do so, neither you nor Aleph Beta can require the other to participate in an arbitration proceeding. To opt out, you must notify Aleph Beta in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
The Hoffberger Institute for Text Study : 535 Forest Ave NASSAU Woodmere United States New York 11598-2310
You must include your name and residence address, the email address you use for your Aleph Beta account, and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Aleph Beta.
You agree that any claim you may have arising out of or related to your relationship with Aleph Beta must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Aleph Beta to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Aleph Beta provides.
Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
These Payment Terms (the “Payment Terms”) set forth an agreement between you and Hoffberger Institute for Biblical Studies, LTD d/b/a Aleph Beta Academy (“Aleph Beta”, “we”, “us” or “our”) with respect to the subscription services and other paid services made available by Aleph Beta. Aleph Beta’s website is located at www.alephbeta.org (the “Site”). We collectively refer to the Site, the services, features, content, including the Aleph Beta mobile application (the “Application”), as the “Services.” These Payment Terms supplement the Terms and Conditions governing your use of the Aleph Beta Services (the “Terms and Conditions”), which are incorporated here by reference. Any capitalized terms used in these Payment Terms and not defined here will have the meanings set forth in the Terms and Conditions.
If you do not agree to these Payment Terms, you may not subscribe to the Services or otherwise obtain paid services (including unlimited access to the video library) made available by Aleph Beta. By using any part of the unlimited Services, you signify your acceptance of these Payment Terms. You should review these Payment Terms each time you subscribe for, order and/or purchase any subscription or other paid services offered by Aleph Beta. If we make amendments to these Payment Terms, we will post a notice on the Services. You will be deemed to have accepted these Payment Terms, as amended, if you continue to use the Services after said notice has been posted.
Certain of our Services (including unlimited access to our video library) may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you by us in the process of using or signing up for Aleph Beta Services are deemed part of this Agreement. You agree to pay for and authorize us to charge your payment method for the cost of Paid Services, including applicable taxes and fees.
Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method (defined below) the applicable subscription price, if any, for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to receive payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
Aleph Beta may provide you with the option to enroll in a free trial offer of our Services. The free trial offer is governed by the Payment Terms, the Terms and Conditions, and the terms presented to you when you sign up for the offer. Some of our free trial offers may convert to a paid subscription if you do not cancel before the free trial ends. In those circumstances, we may ask you to provide an applicable billing payment method to register for the free trial offer to the subscription service provided on or through the Services. You agree that Aleph Beta may obtain a pre-authorization for the full subscription price that you will be automatically charged if you complete the free trial and continue the subscription service. It is possible that some financial institutions may perceive these requested amounts as actual pending charges. These are not actual charges, and you agree that Aleph Beta will not be responsible for any results, such as an overdraft fee, that may occur to your account with a financial institution as a result of such authorizations. If you cancel your subscription during the free trial, you will not be charged for the subscription price. You authorize Aleph Beta to continue your subscription until cancelled and, on a recurring monthly/yearly basis, to charge the payment method you provided the then-current monthly/yearly cost of your subscription if you do not cancel during the free trial period.
Any free trial or other promotion that provides access to a Paid Service must be used within the specified trial period. You must cancel your Subscription before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at firstname.lastname@example.org,
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Aleph Beta accepts various forms of payment, as set forth on the Aleph Beta Site. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. By subscribing to Aleph Beta or submitting an order for other paid services offered through the Services, you authorize Aleph Beta, or its designated payment processor, to charge the account you specify for the purchase amount. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. All payments are to be made in the currency designated by us.
We use a third-party payment processor (the “Payment Processor”) to bill the payment method you provide (your “Billing Account”) for use of the Paid Services . The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for any error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
If you enroll for subscription-based Paid Services, you authorize Aleph Beta or its payment processor to charge the applicable recurring subscription fees to your designated billing payment method. When you initially subscribe to such Paid Services, you will be charged immediately for the initial period of the subscription at the then-current fee. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring periodic charges as specified on the Services. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES FOR SUBSCRIPTION-BASED PAID SERVICES (E.G., MONTHLY/YEARLY FEES) WITHOUT OBTAINING ANY FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, IN ACCOUNT SETTINGS. IF YOU ARE SUBSCRIBED THROUGH THE APP STORE, YOU WILL NEED TO CHANGE PAYMENT ARRANGEMENTS WITHIN THE APP STORE IN ORDER TO TERMINATE PAYMENTS.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE ON YOUR ACCOUNT SETTINGS PAGE. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
Subscription Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or terminate your subscription services at any time, go to "ACCOUNT SETTINGS" or contact customer service at: email@example.com. If you subscribed via the App store, to change or terminate your subscription services, you will need to do that through the App store. Unfortunately, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
To cancel an ongoing, paid Individual subscription, please go to ACCOUNT SETTINGS and follow the process described therein. If you subscribed via the App store, to terminate your subscription services, you will need to do that through the App store. Once you have cancelled your subscription, Aleph Beta will stop billing you until and unless you re-subscribe under your account or any other. Any and all fees paid and charges made prior to cancellation or termination of your account are nonrefundable. If you have a recurring monthly subscription, all subscription amounts previously paid – including the amount paid for the month in which the cancellation occurs – are nonrefundable. For Group Subscription cancellations, please contact customer service at firstname.lastname@example.org.
If Aleph Beta believes that you have violated these Payment Terms or the Terms and Conditions, we may suspend or terminate your access to all or any part of the Services at any time, with or without notice, effective immediately. All fees paid hereunder are non-refundable. Aleph Beta may also in its sole discretion, and at any time, modify or discontinue the subscription service, or any part thereof, with or without notice. You agree that Aleph Beta is not liable to you or any third-party for any interference with, or termination of, your access to the subscription service. We may also deactivate your account without notice to you if payment is past due, regardless of the amount. You may update any of your billing information (including a change to your desired billing payment method) at www.alephbeta.org or by contacting us at email@example.com.
Aleph Beta is accessible on compatible mobile devices. An Internet enabled mobile device on which you have downloaded our applicable mobile Application is required. Standard data and usage charges instituted by your mobile carrier may apply (and are not included in any subscription fee paid to Aleph Beta) and you are solely responsible for such charges. Check with your mobile carrier regarding the terms of your individual data or usage plan.
For help with billing questions or other inquiries, please email: firstname.lastname@example.org