GoSukkah Terms and Conditions ("Agreement")
This Agreement was last modified on August 15th, 2014.
GoSukkah is in the business of construction of Sukkot, and the selling of Sukkot materials. Our contractors come to your location to construct your Sukkah, and we can provide various materials for the Sukkot holiday as you need them.
Please read these Terms and Conditions ("Agreement",) carefully before using any services of GoSukkah (the "Services"), including www.GoSukkah.com ("the Site") operated by GoSukkah ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of our services.
By accessing or using our Services, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions.
Acceptance of Terms and Conditions
These Terms and Conditions govern your access, use, browsing or other contact or communication involving the Site, and of GoSukkah's services. All of such activities involving your use of our Services and use of the Site is subject to these Terms and Conditions. You agree to be bound by these Terms and Conditions if you engage our services in any way. If you do not agree to, or do not wish to abide by these Terms and Conditions, you should refrain from using our services, or contact our personnel.
Changes to Terms and Conditions
GoSukkah reserves the right, from time to time, with or without notice to you, to change these Terms and Conditions in our sole discretion. The most current version of the Terms and Conditions will supersede all previous versions. Your use of our Services after changes are made means that you agree to be bound by such changes.
Disclaimers of Warranties and Limitations on Liability
The Website and their contents are provided "as is" and we make no representations or warranties of any kind with respect to the website or their contents. We assume no liability or responsibility for any errors or omissions in the content of the website, any failures, delays, or interruptions in the delivery of any content contained on the website, any losses or damages arising from the use of the content provided on the website, or any conduct by users of the website. We disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via the website is accurate, complete or current.
GOSUKKAH MAKES AN EFFORT TO PROVIDE UP-TO-DATE CONTENT ON THE WEBSITE, HOWEVER, SUCH CONTENT IS NOT DEEMED OFFICIAL INFORMATION BY GOSUKKAH UNLESS OTHERWISE INDICATED IN WRITING BY AN AUTHORIZED REPRESENTATIVE.
In no event shall GoSukkah, it's directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
Your Conduct on the website
By accessing the website, you agree to adhere to each of the following restrictions on use and conduct. You agree to not use the website to:
1. upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a GoSukkah, official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the website;
5. upload, post, email, transmit 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);
6. upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
8. 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;
9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the website are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
10. interfere with or disrupt the website or servers or networks connected to the website, or disobey any requirements, procedures, policies or regulations of networks connected to the website;
11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
12. "stalk" or otherwise harass another; or
13. collect or store personal data about other users.
14. allow any unauthorized use or disclosure of passwords or other information or codes that enable access to restricted areas or that constitute or facilitate any other form of security clearance.
Limitations on Use
Unless otherwise specified, the content on the website is for your personal and non-commercial use and we grant you a limited license to access the website for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the website without our express written consent. Any unauthorized use of the website or its contents will terminate the limited license granted by us.
CONSTRUCTION OF SUKKAH
When you engage our services, you understand that you are providing the materials, and GoSukkah shall not make any representations or warranties of any kind with respect to the materials you provide, or their fitness for use in the construction of your Sukkah. By providing the materials, you represent and warrant that the materials are in safe condition. To the fullest extent of the law, we assume no liability or responsibility for any defects in the materials or construction of the temporary structure, and are not responsible for any damages or injuries arising from your use of the Sukkah.
GOSUKKAH MAKES AN EFFORT TO ENSURE THAT ALL WORK PERFORMED IS SATISFACTORY AND FREE OF ANY DEFECT, HOWEVER, SUCH WORK IS SUBJECT TO THE REVIEW OF EACH CUSTOMER. GOSUKKAH IS NOT LIABLE FOR ANY DAMAGES CAUSED AFTER CONSTRUCTION.
GOSUKKAH and builders are not liable for factors not under company’s or builders’ control, including but not limited to actions by client and/ or inclement weather. GOSUKKAH is not responsible for Sukkah after builders leave the premises.
In no event shall GoSukkah, it's directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use of the Sukkah after construction, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the constructed Sukkah. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
This Agreement shall be governed by the laws of the state of New York, without regard to its conflict of laws principles. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Arbitration Rules, and judgment
on the award rendered by the arbitrator(s) may be entered in any court in the state of New York having jurisdiction thereof. In the event that litigation results from or arises out of this Agreement or the performance thereof, the Parties agree to reimburse the prevailing Party's reasonable attorneys' fees, costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing Party may be entitled.