These Terms of Use ("Agreement") describe the terms and conditions (the "Terms") applicable to your use of the services of ModernMitzvah, Inc. ("ModernMitzvah" or "We"), available at ModernMitzvah.com (the "Site"). By using the Site, you signify your acceptance of these Terms. If you do not agree to these terms, please do not use this Site. We reserve the right to amend these Terms from time to time without notice. All modified terms and conditions shall take effect immediately after posting to the ModernMitzvah Website. We encourage you to review this page periodically because any changes will be binding on you. This Agreement may not be modified, amended, and/or changed by you in any manner; however, you may choose to terminate your membership at your choosing. This Agreement is effective on October 31, 2007 for all users.

1. ModernMitzvah is a Neutral Venue. ModernMitzvah is an innovative community and marketplace for the Mitzvah industry. ModernMitzvah is not a Bar Mitzvah product or service provider, Bar Mitzvah vendor or an agent representative. ModernMitzvah members (“Members”) include prospective bar mitzvah parents, kids and their Bar Mitzvah guests (collectively, “ModernMitzvah Members”) and companies offering products and services related to Bar Mitzvahs (“Vendor Members”). We and the Site function solely as a neutral venue and digital clearinghouse where Bar Mitzvah Members and Vendor Members may connect for a particular type of service or product. We are not involved in or a party to the actual transaction between Members. As a result, We have no control over the quality, accuracy, safety, or legality of the transactions that take place on our Website, the accuracy of listings, or the ability of Bar Mitzvah Vendors to provide items or services. ModernMitzvah Members: You acknowledge the following: ModernMitzvah does not provide any of the products or services advertised or offered by Vendor Members. We do not endorse any Vendor Member, nor do We guarantee the quality of their goods or services. Any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to products and services offered through the ModernMitzvah venue are not provided by us and are specifically and solely between you and the Vendor Member. Any transaction you enter into with a Vendor Member is strictly between you and the Vendor Member, and ModernMitzvah is not a party to that transaction. Any dispute you have with a Vendor Member is between you and the Vendor Member, and We will not be a party to that dispute, except with regarding to your use of the Site, as discussed in Section 15 below.

We use techniques to help verify the identity of Bar Mitzvah Vendors when they register for memberships on our Site; however, ModernMitzvah cannot and will not guarantee each service provider's identity; nor can we guarantee their capabilities. We cannot guarantee that information provided by or about Vendor Members on the Site is accurate. You should use ModernMitzvah as a starting point for identifying vendors to provide the products and services you need for your Bar Mitzvah, then conduct your own research to ensure that vendors you choose to do business with are appropriate for you. Vendor Members: You acknowledge the following: ModernMitzvah will not endorse you or your products or services. We are in no way responsible for assisting you in reaching an agreement with ModernMitzvah Members; nor are We responsible for assisting you in providing goods and services to ModernMitzvah Members. While all ModernMitzvah Members are required to give us accurate information about themselves, We cannot and will not verify this information or guarantee the ability of Members to complete payment for any of the products or services you provide. Any transaction you enter into with a Member is strictly between you and the Member, and ModernMitzvah is not a party to that transaction. Any dispute you have with a ModernMitzvah Member is between you and the Member, and We will not be a party to that dispute.

2. Membership. Membership to ModernMitzvah is available only to entities and individuals at least 18 years of age who can form legally binding contracts under applicable law. (The Free website builder is to be used with parent’s discression and supervisor only) Our services are not available to minors or to temporarily or indefinitely suspended ModernMitzvah Members. Membership in ModernMitzvah is void where prohibited. Your ModernMitzvah membership may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. If you are registering as an individual, you represent and warrant that you are at least 18 years of age and are able to enter into a legally binding contract. Members who engage in the sale of goods and services must have a valid business operations license, as applicable. By joining ModernMitzvah, you agree to (i) provide us with accurate, complete information about yourself and to update this information as needed; (ii) abide by all of the terms and conditions of this Agreement, the ModernMitzvah Vow of Conduct and the ModernMitzvah Community Guidelines; (iii) safeguard your username and password; and (iv) be responsible for all activity of your membership account.

3. Prohibited Activities. Visitors to and Members of the Site may not:
- Create more than one account
- Use another's account
- Impersonate another person or entity
- Use the Site to break the law or applicable regulations, encourage others to do so, or offer instructions on how to do so
- Offer to provide products or services that violate any applicable law, statute, ordinance or regulation (collectively "Laws"), or offer any products or services in a manner that violates any Laws
- Collect or harvest information about Site Members, including but not limited to use of robots, spiders, or similar means
- Use information on the Site to send unsolicited email to Members
- Do anything that interferes with or places an undue burden on the Site (as determined by ModernMitzvah in our sole discretion)
- Use the Site if your membership has been temporarily or permanently suspended or revoked
- Violate any terms of this Agreement.

4. Additional Terms and Conditions. You acknowledge and agree that We have the sole discretion to set forth and post additional terms and conditions for your use of the Website at various places throughout the Site. You agree that those additional terms and conditions shall be considered an effective amendment to this Agreement and said terms and conditions shall be incorporated herein. Furthermore, you expressly agree that if there is any conflict between those additional terms and conditions and the Terms set forth herein, the Terms set forth herein shall govern.

5. Fees. There are currently NO Fees to join ModernMitzvah for Mitzvah Members or Vendor Members. Optional fee-based services are available but participation is NOT mandatory. See below for details. ModernMitzvah Members: The use of our vendor directory, planning tools, chat boards, and MitzvahTV are completely FREE. Mitzvah Vendors: Vendor Members with valid Vendor Accounts may opt into the following optional fee-based services:
- Tile link & Blurb, and Storefront Listing. Vendors who participate in this optional fee-based service will pay an annual fee as described by the most current ModernMitzvah Rate-Card. 
- Banner Advertisement: ModernMitzvah banner advertisement may be purchased at the then-current rate as outlined in the ModernMitzvah Rate-Card.

6. Authorization to Credit and Debit Accounts. If Applicable, based on the various optional fee-based programs, You irrevocably and expressly authorize ModernMitzvah to debit or credit, as applicable, any monies to the account that you have identified for ModernMitzvah. You agree that it is your responsibility to maintain a valid, non-expired credit card on file with us while engaging in fee-based activities on our Site. You agree that if you do not maintain a valid, non-expired card on file with us during any billing attempt, you may be subject to interest and penalties as enumerated below. You irrevocably and expressly authorize ModernMitzvah to withhold any monies and/or debit any monies from any account that you have identified to ModernMitzvah for any charge backs, fees, costs, deductions, adjustments and any other amounts owed to ModernMitzvah. We reserve our rights to all actions and remedies in connection with any monies owed to ModernMitzvah. You will indemnify, defend and hold us harmless for any claims, demands or causes of actions that We take toward any identified account pursuant to this Section.

7. Unpaid Fees. If, for any reason, any fees you owe ModernMitzvah have not been received or in any manner realized by ModernMitzvah ("Unpaid Fees"), you agree to pay such Unpaid Fees immediately. In addition, ModernMitzvah may charge interest, in the amount of 2.0% per month (or the maximum amount allowed by law), on any unpaid account balance that you maintain. Any partial payments made by Members will first be applied to the most recent fees owed to ModernMitzvah. ModernMitzvah reserves the right to waive or change our fees, penalties, or interest at any time. You also agree to pay any attorney fees, and other costs of collection incurred by us with respect to any Unpaid Fees. You also consent and authorize us, in our sole discretion, to make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.

8. Protection of Intellectual Property Content. The ModernMitzvah Site contains or uses copyrighted material, inventions, know how, potentially patentable business method material, design logos, phrases, names, logos, HTML code and/or other computer code and/or scripts (collectively, "Intellectual Property Content"), all of which, unless otherwise indicated and/or provided pursuant to a third party license, are our sole property, and We retain all appurtenant rights, interests and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the "look", "feel", "appearance" and "graphic function" of this Site, including but not limited to its color combinations, sounds, layouts and designs. You agree and acknowledge that your use of this Site does not confer upon you any license or permission to use our (or any third party's) Intellectual Property Content. You shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, including but not limited to Submitted Information (as defined below) contributed by you or any other Member, or use our Intellectual Property Content in any other way for public or commercial purposes. All other trademarks, service marks and copyrights are held by their rightful owners. You may not frame or link to the Site without our prior written permission.

The ModernMitzvah Site contains trademarks, trade names, trade dress, service marks, domain names or other indicia of ownership (collectively the "Marks") owned or licensed for use by us, including but not limited to MODERNMITZVAH and the ModernMitzvah logo. Unless otherwise agreed to in writing, you agree that no right, property, license, permission or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by you pursuant to the execution, performance or non-performance of this Agreement or any part thereof. You shall in no way contest or deny the validity of, our right of title to or license of use for, the Marks, and you shall not encourage or assist others directly or indirectly to do so, during the lifetime of this Agreement and thereafter. You shall not utilize the Marks in any manner that would diminish their value or harm their reputation. You shall not use or register any domain name that is identical to or similar to any of the Marks.

9. Disputes Among Members; Release. You are solely responsible for your interactions with other ModernMitzvah Members, and We are not party to any such disputes. We reserve the right, but have no obligation, to monitor disputes between you and other Members. You agree to release ModernMitzvah, its officers, directors, agents, and employees from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any disputes between you and any other ModernMitzvah Members. If you are a California resident, you waive California Civil Code §1542, which states: "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."

10. Account Flagging System. The ModernMitzvah Site is self-policed by the ModernMitzvah community via a flagging system. The flagging system is used to communicate the policies of the ModernMitzvah Terms of Use. ModernMitzvah members are able to ‘flag' certain texts/content that do not comply with this Agreement. A "Flag as Inappropriate" link will appear on certain pages. When accessed, the popup window will appear asking the user to specify the reason for the violation. This information will then be sent to ModernMitzvah for investigation. If the violation is deemed legitimate by ModernMitzvah staff in its sole discretion, either a warning, suspension or membership termination may be issued to the violating member. You agree not to flag any content that you do not in good faith believe is inappropriate.

11. Information You Submit. The Site offers the opportunity for Members to share information with other Members through message boards as part of the ModernMitzvah Community (the "Community"), Vendor Member advertisements and listings, and other means (any information submitted to the Site through any of these means, "Submitted Information"). By using these functions, you agree to abide by the terms of this Agreement and the Community Guidelines. ModernMitzvah reserves to itself the right but does not have the obligation to monitor posts made to the Community and other Submitted Information. Members are solely responsible for the content of their Submitted Information.

Our Site acts as a passive conduit for any and all communication and/or distribution of information, and We do not control the Submitted Information of ModernMitzvah Members. We cannot and will not evaluate and We are not responsible for the accuracy, reliability, completeness, veracity or suitability of any Submitted Information or for verifying the identity of the submitting Member. Like any information you obtain through the Internet, you should verify Submitted Information from other Members before acting upon it. ModernMitzvah is not responsible for any losses you may incur as a result of relying on Submitted Information, even if We were advised of the possibility of such losses.

By posting Submitted Information to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to ModernMitzvah an irrevocable, perpetual, non-exclusive, transferable, fully-paid-up, worldwide license (with the right to sublicense at multiple levels) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Submitted Information for any purpose and in any format on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submitted Information, and to grant and authorize sublicenses of the foregoing. You may remove your Submitted Information from the Site at any time; however you acknowledge that ModernMitzvah may retain archived copies of your Submitted Information and may continue to use your Submitted Information in connection with any materials that were created prior to your removal of your Submitted Information, in accordance with the license described above.

Furthermore, by posting Submitted Information, you expressly represent and warrant the following: (1) you are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that you post on the Site; or (2) you are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such communication, content and/or information.

You agree that your Submitted Information: - Will not contain your personal information
- Will not contain another person's personal information or otherwise invade another's privacy
- Will not violate or possibly cause us to violate any applicable law, statute, ordinance or regulation
- Will not violate the terms of this Agreement 
- Will not infringe any third party's intellectual property rights including but not limited to copyright, patent or trademark rights
- Will not contain obscene, lewd, or suggestive content and or pornography
- Will not be libelous, threatening, harassing, racist, or defamatory. This specifically includes making legal claims of any sort about ModernMitzvah employees, agents, other members, or the Site 
- Will not contain the proprietary information of another person or entity
- Will not contain any computer hardware or software, viruses, Trojan horses, worms, spyware, or any other computer programming that may interfere with the operation of our Site or our systems and or create or impose a large burden or load on our Site or systems
- Will not scan or test the vulnerability or security of our Site or the system within which it operates
- Will not be used for commercial or public purposes outside of the requirements of this Agreement
- Will not create liability for ModernMitzvah in any manner whatsoever
- Will not involve the upload, or insertion of, any programming language or code into or onto, our Site. You further agree not to impersonate another Member or attempt to disguise or conceal the author of any Submitted Information. We reserve the absolute right, but do not have the obligation, to remove or restrict any Submitted Information for any reason or no reason at all, including but not limited to Submitted Information you post to the Site that is in violation of this Agreement or is otherwise inappropriate, as determined in ModernMitzvah's sole discretion. In addition, we reserve the right to terminate Members who violate these rules. You agree to use common sense and good judgment when conducting or posting any online communication or distribution of information. You assume legal responsibility for and will indemnify us from, all damages incurred as a result of any of your Submitted Information.

12. Fraud. ModernMitzvah may suspend or terminate your account if We suspect that you have engaged in fraudulent activity in connection with our Site, as determined in our sole discretion.

13. Tools; Changes to Site. The Site offers several tools to help make your Mitzvah planning easier (collectively, "Tools"). ModernMitzvah is not responsible for the availability, suitability or effectiveness of any of these Tools, whether provided by a third party or not. In addition, We are not responsible for any data you lose as a result of a malfunction of the Tools or the Site or for any other reason or any consequential damages resulting from such data loss. You should ALWAYS keep a back-up copy of all such information on your computer and in hard copy. ModernMitzvah reserves to right to modify or discontinue any Tools or other services provided on the Site at any time without warning.

14. Privacy. Please see our Privacy Policy to learn about how we treat information we gather from you. Please be aware that Members, including Vendor Members, are not bound by our Privacy Policy except as specified therein. Therefore, you should carefully safeguard your personal information and check with Member Vendors to see how they treat information they gather from you.

15. No Agency. You hereby agree and acknowledge that your execution of this Agreement, your provision of services and/or your use of the ModernMitzvah Site, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us and furthermore that no affiliation, association or connection exists between you and us. In no event shall you have authority to bind, commit, contract for, or otherwise obligate ModernMitzvah in any manner whatsoever.

16. Right to Reject or Remove Members. We reserve the absolute right to reject your participation, or remove you from your current participation, in the ModernMitzvah Site at any time and for any reason or for no reason and without notice to you. Actions that may result in the rejection or removal of your participation can include, but are not limited to: any violation of the Terms of this Agreement; your creation, maintenance and/or management of more than one account; your non-payment in full any Unpaid Fees; any attempt by you to improperly influence, or cause another to improperly influence the feedback of members; or any attempt by you to harass, or cause another to harass, or have inappropriate communications with a Member. 17. Petition for Reinstatement. Upon your removal from the ModernMitzvah Site, you may petition for reinstatement. Your petition for reinstatement must include the following: (a) a written statement as to why you should be reinstated and (b) your contact information. Your Petition will be reviewed at our discretion and any determination as to your reinstatement will be based on our sole judgment. Your submission of a Petition does not, in any manner, guarantee, that you will be reinstated and We specifically disclaim any and all representations with respect to such guarantee. We will contact you as to our decision to reinstate you. We are not obligated to give you any reason or basis as to our decision. You understand that any decision as to reinstatement may be a simple, yes or no. All decisions are final.

18. Confidentiality/Non-Disclosure. As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, We may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("Our Information"). You hereby agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Agreement. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that We would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that We shall be entitled to injunctive relief.

19. Record Keeping/Audit. We reserve the right to keep all records of any and all communications between you and other Members for administration purposes.

20. Submissions. We always want to receive messages and feedback from ModernMitzvah members and welcome any comments regarding the ModernMitzvah Site. However, please be aware that any ideas, suggestions comments or proposals you send to ModernMitzvah (collectively, "Submissions") are non-confidential and shall become the sole property of ModernMitzvah. ModernMitzvah shall own all rights therein, including all intellectual property rights. ModernMitzvah shall be entitled to use and/or disseminate the Submissions in any manner and for any purpose whatsoever, commercial or otherwise, without compensation or credit to you.

21. Remedies. Remedies for use of our Site that violate this Agreement include, but are not limited to, the immediate termination of your membership, notifying our Members of your actions, issuing a warning (including a public warning), temporarily suspending your membership, and monetary compensation. and injunctive.

22. No Warranty. MODERNMITZVAH, OUR EMPLOYEES, AND OUR SUPPLIERS PROVIDE THE SITE AND THE SERVICES THEREON "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MODERNMITZVAH FURTHER DOES NOT WARRANT THAT THIS SITE OR ANY INFORMATION, SERVICES OR TOOLS OFFERED ON THIS SITE WILL MEET YOUR REQUIREMENTS, WILL BE ACCURATE, COMPLETE OR CURRENT, OR WILL GIVE ACCURATE, COMPLETE OR CURRENT RESULTS; THAT OPERATION OF THE SITE, INCLUDING TOOLS OR OTHER SERVICES OFFERED ON THE SITE, WILL BE TIMELY, SECURE, UNINTERRUPTED, OR FREE FROM ERROR OR OMISSION OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY ERRORS ON THE SITE WILL BE CORRECTED. MODERNMITZVAH DOES NOT REPRESENT OR WARRANT THAT DATA YOU STORE ON THE SITE (FOR EXAMPLE, IN CONNECTION WITH TOOLS) WILL BE SECURE, AVAILABLE OR PRESERVED. MODERNMITZVAH DOES NOT REPRESENT OR WARRANT THAT ALL TOOLS OR OTHER SERVICES ON THE SITE WILL CONTINUE TO BE OFFERED.

23. Limited Liability. IN NO EVENT SHALL MODERNMITZVAH, OUR EMPLOYEES, OR OUR SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR DIRECT, INDIRECT DAMAGES, LOST PROFITS, ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON INFORMATION CONTAINED ON THE SITE, WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. OUR LIABILITY, AND THAT OF OUR EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR $100, NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

24. Indemnity. You agree to indemnify and hold us and our affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising in any manner in whole or in part out of your use of the Site, including but not limited to (1) your advertising, provision of or failure to pay for goods or services promoted on the Site; and (2) claims that any of your Submitted Information includes materials owned by third parties without authorization, was defamatory or harassing, or otherwise violated the rights of any third party.

25. Links to Other Sites
This Site may contain links to other sites which are provided solely as a convenience to you, or which are provided by other members. ModernMitzvah is not responsible for the availability of external sites or resources linked to the Site, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between you and such third-party sites are strictly between you and the third party and are not the responsibility of ModernMitzvah. Because ModernMitzvah is not responsible for the availability or accuracy of these outside resources or their contents, you should review the terms and conditions and privacy policies of these linked sites, as their policies may differ from ours.

26. Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, shipping, transporting, and solicitation of offers to ship and transport items.

27. Governing Law; Venue and Jurisdiction. By visiting or using the ModernMitzvah Site, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and ModernMitzvah or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of New York, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of New York.

28. Arbitration. Disputes between you and ModernMitzvah regarding the Site and our services should be reported to support@ModernMitzvah.com . We will attempt to resolve any disputes you have with us. Because We are a neutral venue We are not responsible for resolving any disputes between you and members regarding services or transactions. Any claim or controversy arising out of or relating to your use of this Site, to the goods or services provided through ModernMitzvah, this Agreement, or to any acts or omissions for which you may contend ModernMitzvah is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration shall be conducted in New York, New York. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the Member shall select an arbitrator from a panel of arbitrators acceptable to ModernMitzvah. In any arbitration, the parties will split the cost of the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party, provided, however, that in Maine any cost to the consumer shall be limited to the cost of filing a court case. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon an award rendered by the arbitrators may be entered in any court of competent jurisdiction in New York, New York. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this Agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND MODERNMITZVAH WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using ModernMitzvah's goods and services, you consent to these restrictions. Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and ModernMitzvah, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in New York, New York. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys' fees.

29. Security. ModernMitzvah uses industry standard practices to safeguard your personal information, including firewalls and Secure Socket Layers. We utilize several different security techniques to protect data from unauthorized access, but We cannot guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of our Site can be interrupted by numerous factors outside of our control.

30. General. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by ModernMitzvah to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of arbitration or litigation involving the enforcement or interpretation of this Agreement. You agree that other than affiliates or subsidiaries of ModernMitzvah, there are no intended third-party beneficiaries of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import. Last Revised Date: October 31, 2007

31. Business Transitions

In the event ModernMitzvah.com goes through a business transition such as a merger, being acquired by another company, or selling a portion of its assets, users' personal information will, in most instances, be part of the assets transferred.