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Terms Of Use

We want You to use the Services as intended. In order do to that effectively and safely, and to protect both You and Us, We have to lay out some ground rules.

This is a legal agreement (“Agreement”) between You and Us. By using any of the Services, You agree to, and are bound by, this Agreement and all the terms and conditions herein for as long as You continue to use the Services. Certain parts of the Agreement are binding even after You no longer use the Services.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SERVICES.

Certain Services may be subject to additional terms, and such terms will be made clear to You either in this Agreement or will be presented to You for Your acceptance before You can use those Services.

IF YOU ARE UNDER THE AGE OF 18 OR ARE NOT ABLE TO FORM LEGALLY BINDING CONTRACTS, YOU MAY NOT USE THE SERVICES.

Definitions:

Some definitions are included here, and some terms are defined elsewhere in the Agreement. Singular and plural forms of words, and the terms “and” and “or” should be interpreted as necessary to broaden the scope of any given term.

“BTI,” “We,” “Us,” “Our” means Besuros Tovos Inc. a business entity that wholly owns and operates Bashert.net. Besuros Tovos Inc. is organized under the laws of the state of NJ with principal business offices in Passaic, NJ, as well as any of Our successors-in-interest or assigns.

“You,” “Your,” “Yourself” means the person who registers for the Service.

“Site” means the website owned and operated by BTI currently available at Bashert.net, as well as any other website that BTI may make available in the future.

“Services” means all or any subset of the various services provided by BTI. Services include, without limitation, those services provided by means of the Site. Services include, without limitation, the personality survey, analysis, and matching services currently provided by BTI at Bashert.net. Services include, without limitation, accessing in any manner the Site.

Eligibility:

In order to use the Services, You must be Eligible to do so. Eligibility includes the following:

(a) You represent and warrant that You are at least 18 years of age (or the age of majority in Your jurisdiction, if it is older) and legally competent to form binding contracts, and that You have the right, authority, and capacity to enter into this Agreement and to abide by the terms and conditions herein.

(b) Eligibility for the Services is further determined at the sole discretion of BTI. BTI may revoke Your Eligibility for violation of any part of this Agreement or for any activity that BTI deems interferes with the safe and effective practice of its business, including offering of the Services. The only limits on BTI’s discretion to revoke Your Eligibility are as explicitly set forth in this Agreement.

(c) You represent and warrant that You have never been convicted of a felony and are not required to register as a sex offender with any government entity.   BTI DOES NOT CURRENTLY CONDUCT BACKGROUND SCREENINGS ON ITS MEMBERS.   However, BTI reserves the right to conduct any type of background check at any time to confirm Your compliance with this requirement.

(d) Eligibility may be revoked if You fail to access the Site for an extended period of time, which period of time is determined by Us in Our sole discretion.

Use of the Service:

Your account is for Your personal use only. You may not authorize anyone else to use or access Your account, and You may not transfer or assign Your account to any other entity. You are responsible for the security of Your account, including Your login identification (username) and password. BTI IS NOT RESPONSIBLE FOR THIRD-PARTY ACCESS TO YOUR ACCOUNT THAT RESULTS FROM THEFT OR MISAPPROPRIATION OF YOUR USERNAME OR PASSWORD. You are responsible for any use of Your account that results from theft or misappropriation of Your username or password, except as limited by law.

You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a “Specially Designated National”, or (iii) placed on the Commerce Department’s Table of Deny Orders.

To the extent that the Services are not legal in Your jurisdiction, You may not use the Services.

You agree that You will not use any “bot” or automated script or device to use the Services. You agree that You will not make any efforts to disrupt or interfere with the use of the Services by others, or with the operation of the Site or of any of the Services. You will not modify, adapt, sublicense, translate, sell, reverse-engineer, decipher, decompile or otherwise disassemble any portion of the Site, Services, or any software used on or for the Site and/or Services or cause or enable others to do so. You will not use the Site and Services in a manner so as to transmit or communicate any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm or limit the functionality of any computer software or hardware.

You agree that Your use of the Services will not in any way include any kind of commercial solicitation or advertisement. You further agree that You will not use the Services to transmit any chain letters, junk emails, or any communication not contemplated by Us in furtherance of the normal use of the Services.

You are solely responsible for any Information You provide, including any Information that You make available to other users of the Services or publicly, including any Information that You transmit to any other user of the Services.

You will not use the Services in a manner which in any way communicates to other users of the Services or to Us or Our agents any material that is defamatory, abusive, profane, obscene, sexually oriented, harassing, threatening, racially offensive, illegal, and/or any material that otherwise infringes or violates another party's rights.

You agree not to use the Services to transmit or communicate any Information including any offensive language, including but not limited to, offensive anatomical or sexual references, offensive sexual language, and/or photos containing any nudity. We reserve the right, but We have no obligation, to reject any Information that violates the terms of this Agreement.

You agree that We may, at times, communicate with You as We determine, in Our sole discretion, is necessary for the purposes of the Services, including without limitation introductory emails from other users of the Services, or emails informing You of changes to the Services and/or of changes to this Agreement.

You agree that BTI has no responsibility or liability for the deletion, corruption, and/or failure to store any messages or other content maintained or transmitted by Us.

If you were an old paying member of bashert.net, you might get shidduchim sent to you. If you do and you want to see the shidduch(im) you will have to click on "submit" under your payment info. Or you will have to enter new payment info. If you do either of these it is binding upon you to start paying monthly fees for bashert.net including but not limited to a possible payment of $15 immediately to enable you to see the Shidduch suggested to you. Once you do this you will NOT be entitled to a refund for that $15 and for any subsequent months that you are billed for.

You will only be entitled to a refund if you email: info@bashert.net "Please stop my service immediately as of today" and then you are billed inadvertently after that date. Any cancellations by any member of bashert.net must be sent in writing via email to: info@bashert.net. If you ask one of the bashert.net management or customer service of bashert.net over the phone to cancel your membership, then this request will not be considered legally or halachically valid until you send your request to cancel via email to info@bashert.net

Registration, Subscription, Term, and Termination:

Some Services may be free of charge, and some Services may require a fee. To use those Services that require a fee, You must pay the fees that are set out in Our price list. The price list is incorporated as a part of this Agreement and We reserve, at Our sole discretion, the right to change the fees or charges therein at any time.

In order to use some or all of the Services, You may be asked to register. In registering, You agree to provide accurate and complete information about Yourself as required by the registration form and process (Your “Information”), and to maintain and update Your Information as necessary to maintain that accuracy and completeness. You acknowledge that We may rely, even to Our detriment, on the accuracy and completeness of that Information.

If the Information You provide is inaccurate, false, or misleading, We may terminate Your Eligibility or We may terminate this Agreement. If the Information You provide is inaccurate, false, or misleading and We terminate Your Eligibility, You will not be entitled to a refund of any unused fees.

BTI DOES NOT VERIFY THE INFORMATION PROVIDED AND WE DO NOT CONTROL IT, OR GUARANTEE IT FOR ACCURACY, QUALITY, VERACITY OR LEGALITY.

You may terminate Your membership at any time as provided for by the Site or by sending Us written notice of termination, so long as the written notice contains enough information to confirm Your identity as the owner of the account in question. In such event, We will provide You a refund of the unused monthly fee, if any, pro-rated based on the date of the month that We receive Your notice of termination.

If We terminate Your Eligibility or membership without cause, We shall refund, pro rata, any unused portion of any fees that We have received from You. If We terminate Your membership or Eligibility for cause, including for any violation of this Agreement, there will be no refund.

Proprietary Rights:

With regard to all of the Information posted in Your Profile, and any other Information provided by You to Us, including without limitation Your photographs if they were used due to your use of the Services, such as via Your Shadchan, You represent and warrant that You are the owner of any proprietary rights, including intellectual property rights, and that You are legally entitled to provide the Information to Us and You assign to Us, without reservation, an irrevocable, perpetual, nonexclusive, royalty-free, worldwide license to use, copy, perform, display, promote, publish and distribute the Information and to prepare derivative works thereof, for the purposes of the Services. You waive absolutely any and all moral rights with respect to Your Information and any similar rights in any and all jurisdictions in the world.

We retain and make no transfer or license of any intellectual property rights in, to, or connected to the Services, including but not limited to: database rights, copyright, registered or unregistered design rights, patents, registered or unregistered trademarks, and any similar rights, anywhere in the world, as well as the right to apply for protection of the same. All such rights are owned and controlled by Us, exclusively and absolutely.

Indemnification and Release:

You agree to defend, indemnify, and hold harmless BTI, and all its officers, directors, employees, and agents, (collectively, “Agents”) for any losses, costs, liabilities or expenses relating to or arising out of Your use of the Services, including, without limitation, any breach of this Agreement, any allegation of intellectual property infringement, or Your activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

You further agree that if You have any dispute with any other Member arising out of your use of the Services, or their use of the Services, You hereby release and hold harmless BTI and its Agents from any claims, demands, or damages of every kind and nature, known and unknown, arising out of, or related to such dispute.

IMPORTANT DISCLAIMERS:

THE FOLLOWING IMPORTANT DISCLAIMERS ARE ESSENTIAL AND CRITICAL.  Many lawyers like to put the following Important Disclaimers in ALL-CAPS AND BOLDFACE; it is Our opinion that all-caps and boldface makes the Important Disclaimers difficult to read. You agree that the all-caps and boldface are imputed to the following paragraphs.

Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Site and/or Services and We neither adopt nor endorse, nor are We responsible for the accuracy or reliability of any opinion, advice, or statement made by any party other than Us. Under no circumstances are We responsible for any loss or damage resulting from any person’s reliance on information or other content posted on the Site and/or Services or transmitted to members.

We reserve the right, but We have no obligation, to monitor the materials posted in the public areas of the Site and/or Services. We shall have the right to remove any such material that, in our sole discretion, violates, or is alleged to violate, the law or this Agreement. Notwithstanding this right, You remain solely responsible for the content of the materials You post in the public areas of the Site and/or Services and in any private messages that are facilitated by BTI or made available as part of the Site and/or Services. Private messages or emails facilitated by BTI or made available as part of the Site and/or Services, although not readily accessible to other members or the general public may nonetheless be reviewed by BTI for compliance with this Agreement or applicable law. Such communications will be held in confidence by Us as necessary by applicable law.

REMINDER, THESE DISCLAIMERS ARE REALLY IMPORTANT.  MAKE SURE TO READ THEM.  BTI provides the Services on an “as is” basis and there are no warranties of any kind, expressed, implied or statutory, in any communication with Our representatives, or Us or otherwise with respect to the Services. We specifically disclaim any implied warranties of merchantability or fitness for a particular purpose. Further, We do not warrant that Your use of the Services will be secure, uninterrupted, always available or error-free, or that the Services will meet Your requirements or that any defects in the Services will be corrected. We disclaim liability for, and no warranty is made with respect to, connectivity and availability.

THIS IS ALSO REALLY IMPORTANT.  Although each Member must agree to Our terms and conditions, We cannot guarantee that each Member is at least the required minimum age, nor do We accept responsibility or liability for any content, communication or other use or access of the Services by persons under the age of 18 in violation of this Agreement. It also is possible for others to obtain personal information about You due to Your use of the Services. Those others may use Your Information for purposes other than what You intended. We are not responsible for the use of any personal Information that You disclose through the Services. Please carefully select the type of Information that You post via the Services and/or release to others.

We disclaim all liability, regardless of the form of action, for the acts or omissions of other members or users (including unauthorized users), whether such acts or omissions occur during the use of the Services or otherwise.

LIMITATION OF LIABILITY:

THIS IS MORE VERY IMPORTANT LANGUAGE TO WHICH YOU SHOULD PAY CAREFUL ATTENTION.  In no event will We be liable to You or to any other person for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use the Services, even if We or Our agents or representatives know or have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Our liability to You for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by You to Us for the Services during the term of Your membership. As noted elsewhere in this Agreement We DO NOT conduct background checks or otherwise screen members registering to the Services in any way. We will not be liable for any damages, direct, indirect, incidental and/or consequential, including by not limited to physical damages, bodily injury or emotional distress, arising out of the use of the Services, including, without limitation, damages arising out of Your communications with and/or interactions with any other Member of the Services, or any individual You meet via the Services.

Governing Law, Jurisdiction and Venue:

This Agreement shall be governed by the laws of the state of New Jersey, without regard to any conflict-of-laws provisions therein, or any other doctrine or provision that would direct the application of the laws of another jurisdiction. Any action, proceeding, or suit arising out of or relating to this Agreement shall be tried and litigated exclusively in the state and federal courts located in New Jersey. This choice of forum is mandatory and not exclusive, and You waive any argument based on inconvenient forum or any similar argument. You hereby consent to personal jurisdiction in the state and federal courts of New Jersey. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

Waiver and Severability:

Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. In such case, the other provisions of this Agreement shall remain in full force and effect.

Privacy Policy:

You further certify that You have read Our Privacy Policy, which is incorporated into this Agreement by reference, and that You agree thereto.