Shomer Collective Terms of Service
Effective: [January 28, 2025].
Welcome to Shomer Collective. Please read these terms and conditions (these “Terms of Service”) carefully before using the Sites (as defined below). They contain important information regarding your legal rights, remedies, and obligations, including an agreement to submit all claims that you may have against us to binding and final arbitration. By accessing or using our SiteS, you agree to comply with and be bound by the Terms of Service. If you do not agree with these Terms of Service, then you are not authorized to access or use the SiteS.
1. Acceptance of Terms
These Terms of Service apply with respect to your access and/or use of the website of Shomer Collective (“Shomer Collective,” “we,” “us,” or “our”), located at https://www.shomercollective.org, https://www.shivacircle.org, and https://sit.shivacircle.org (collectively, the “Sites”).
These Terms of Service govern your use of the Sites. Please read them carefully. Although they are lengthy, we ask all of our visitors to read them in their entirety as they contain important information regarding your use of the Sites and our copyright and other intellectual property rights. By using the Sites, registering for programs, subscribing to our newsletter, and/or making a donation, you agree to these Terms of Service.
By accessing the Sites, you confirm that you have read, understand, and agree to all of these Terms of Service. Accessing the Sites, in any manner, whether automated or otherwise, constitutes use of the Sites and your agreement to be bound by these Terms of Service. Please do not use the Sites or submit information to us through the Sites if you do not agree to these Terms of Service. These Terms of Service are to be read in connection with any other policies and terms posted on our Sites, including our [Privacy Policy], which is expressly incorporated herein by this reference. You do not have a right to modify these Terms of Service or any other policies or terms on our Sites.
We may deny access to the Sites or any features of the Sites to anyone, including those who violate these Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy our Sites or infringes the rights of others, at any time, for any reason, without notice.
2. Services Provided
Shomer Collective offers various services, including but not limited to:
Program registration and participation;
Educational content and resources;
Newsletters and email communications;
Concierge services; and
Networking opportunities.
3. User Responsibilities
As a user of our services, you agree to:
Provide accurate and complete information during registration and when making donations.
Respect the intellectual property rights associated with the content and resources found on the Sites.
Refrain from any activities that could harm or disrupt us, our services, or the Sites.
4. Program Registration
When registering for a program:
You agree to provide accurate information.
You acknowledge that registration information for programs hosted with partner organizations may be shared with those partners as explicitly stated in a program’s description or as otherwise described in our Privacy Policy.
You acknowledge that some programs may be recorded and shared. The status of a program’s recording is explicitly stated in the program description.
5. Newsletter Subscription
By subscribing to our newsletter:
You consent to receive periodic email communications from us.
You can unsubscribe at any time using the link provided in each email.
6. Donations
When making a donation:
You agree to provide accurate payment information.
Payments are processed through a third-party payment portal (the “Portal”) with its own terms and privacy policy. We do not control and therefore are not responsible for the Portal, or the content, acts, or omissions of any operator of the Portal. Please carefully review its terms and privacy policy. Your use of the Portal is at your own risk, and will be governed by the terms and privacy policy applicable to the Portal.
7. Your Limited Right to Use Materials.
The Sites and all the materials available on the Sites, including its contents, features, and functionality (including, without limitation, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are our property and/or the property of our licensors, and are protected by copyright, trademark, and other intellectual property laws. The Sites are provided solely for your personal, noncommercial use. You will not use the Sites or the materials available on the Sites in a manner that constitutes an infringement of our rights or those of our licensors or that has not been authorized by us.
More specifically, unless explicitly authorized in these Terms of Service or by us, you will not modify, copy, reproduce, scrape, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Sites, except as follows:
Your computer or device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your web browser for display enhancement purposes.
You may print one copy of a reasonable number of pages of the Sites for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
You must not:
Modify copies of any materials from the Sites.
Use any illustrations, photographs, video, audio sequences, or graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Sites.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Sites in breach of the Terms of Service, your right to use the Sites is automatically terminated and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Sites or any content on the Sites is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Sites not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
8. Links to and from Other Websites
You may gain access to other websites via links on the Sites. These Terms of Service apply only to the Sites and do not apply to other parties’ websites. Similarly, you may have come to the Sites via a link from another website. The terms of service of other websites do not apply to the Sites. Only these Terms of Service apply to the Sites. Shomer Collective assumes no responsibility for any terms of use or material outside of the Sites accessed via any link. You are free to establish a hypertext link to the Sites so long as the link does not state or imply any form of approval, endorsement, or sponsorship by Shomer Collective or the Sites of the website or service on which the hypertext link is found. However, you will not, without our prior written permission, frame or inline link any of the content of the Sites, scrape the Sites or incorporate into another website or other service any of our material, content, or intellectual property.
9. Intellectual Property Rights
“Shomer Collective,” “Shiva Circle,” and all related names, logos, product and service names, designs, and slogans are trademarks and service marks of Shomer Collective. You must not use such marks without the prior written permission of Shomer Collective. All other names, logos, product and service names, designs, and slogans on the Sites are the trademarks of their respective owners, and you must not use those trademarks without the prior written permission of the applicable owners.
All copyright rights to the Sites, including rights to the work and designs provided by Shomer Collective are owned by Shomer Collective, © 2024. All rights reserved. Except as set forth in these Terms of Service, you will not re-transmit, print, or photocopy the materials on the Sites for re-distribution in any medium without the prior written permission of Shomer Collective (which may be withheld by Shomer Collective in its sole discretion).
10. User Contributions
The Sites may contain event pages, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, stores and other interactive features (collectively, “Interactive Features”) that allow users to post, submit, publish, display, transmit and sell to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Sites. All User Contributions must comply with the Content Standards set forth in Section 11 below.
Any User Contribution you post to the Sites will be considered non-confidential and non-proprietary. By posting any User Contribution on the Sites, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material in connection with providing services.
You represent and warrant that (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, and (ii) all of your User Contributions do and will comply with these Terms of Service.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Sites.
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Sites or the public or could create liability for us or any of our affiliates, licensees or service providers.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites.
Terminate or suspend your access to all or part of the Sites for any or no reason, including, without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS SHOMER COLLECTIVE AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SHOMER COLLECTIVE/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review material before it is posted on the Sites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for our performance or nonperformance of the activities described in this section.
11. Content Standards
These content standards apply to any and all User Contributions and use of Interactive Features. Without limiting Section 13, User Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property, or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
12. Copyright Infringement Claims
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Sites infringe your copyright, you may request removal of those materials (or access to them) from the Sites by submitting written notification to our designated agent (described below). You can only make a complaint under the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”) if you are the copyright owner or acting on the copyright owner’s behalf. In accordance with the DMCA, the written notice (the “DMCA Notice”) must include substantially the following (please consult your legal counsel or see Section 512(c)(3) of the DMCA to confirm these requirements):
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material, such as the exact URL(s) where the allegedly infringing material is located.
Adequate information by which we can contact you (such as your name, postal address, telephone number, and/or email address).
A statement that you have a good faith belief that use of the copyrighted material in the manner complained of is not authorized by the copyright owner, its agent or the law.
A statement confirming your bona fide belief that the information in the written notice is accurate and complete.
A statement, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.
Our designated agent to receive DMCA Notices is:
Executive Director
Shomer Collective
33 W 60th St,
2nd Floor c/o THE YARD
New York, NY 10023
Phone: 6463636437
Email: hello@shomercollective.org
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. If you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy, in appropriate circumstances and in our sole discretion, to disable, suspend, and/or terminate the accounts of users who are repeat infringers or for other related reasons.
13. Prohibited Activities
You are fully responsible for your activities while using the Sites, including any content, information, or other materials you post or upload to the Sites (including User Contributions), and you bear all risks associated with use of the Sites. By agreeing to these Terms of Service, you agree to comply with all applicable laws in connection with your use of the Sites. You also agree not to use the Sites to engage in any prohibited conduct, or to assist any other person or entity in engaging in any prohibited conduct.
You are prohibited from using the Sites for the commission of harmful or illegal activities, including, but not limited to, the following:
Hacking into, or attempting to penetrate the security measures of, any system, network, website, software, account, computer, device, or communications equipment.
Attempting to collect or maintain any information about other users of the Sites (including email addresses and passwords) or other third parties, including by accessing illegally or without authorization, any system, network, website, software, account, computer, device, or communications equipment belonging to another party.
Introducing any virus, worm, spyware, Trojan horse, or other program or code into any system, network, website, software, account, computer, device, or communications equipment, or launching a denial of service attack, or in any other way attempting to interfere with the functioning of any system, network, website, software, account, computer, device, or communications equipment.
Any activities intended to participate in, commit, aid, or assist any crime, including identity theft or credit card theft, the exploitation of minors, and child pornography.
Engaging in any activity that is defamatory, objectionable, unlawful, or promotes or encourages illegal activity.
Violating any applicable laws, including, but not limited to, federal copyright laws by making unauthorized copies of copyrighted or licensed software, data, entertainment files, text, or publications.
Any activities that will damage, disable, vandalize, or otherwise harm the Sites.
Your participation in any of the above prohibited activities will automatically terminate your authorization to use the Sites and you must immediately cease your use of the Sites.
14. Disclaimers
THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SHOMER COLLECTIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. SHOMER COLLECTIVE DOES NOT WARRANT THAT THE SITES OR ANY OF THE SITES’ FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SHOMER COLLECTIVE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES OR MATERIALS ON THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
You must provide and are solely responsible for all hardware and/or software and internet connections necessary to access the Sites. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software and internet connection.
The information presented on or through the Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of their contents.
The Sites may include content provided by third parties, including materials provided by synagogues, Jewish institutions or non-profits, or service providers, bloggers, and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Shomer Collective, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Shomer Collective. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Your interactions with companies, organizations, and/or individuals found on or through our Sites, including any purchases, transactions, or other dealings, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such companies, organizations, and/or individuals. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of the Sites, or between a user and any third party, we are under no obligation to become involved, and you agree to release us and not make any claim against Shomer Collective from any claims, demands, and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or our Sites.
15. Limitation of Liability
To the fullest extent permitted by law, under no circumstances, including, but not limited to, negligence, will Shomer Collective be liable for any direct, indirect, incidental, special or consequential damages resulting from the use of, or the inability to use, the SiteS, including THEIR materials or services, or from any other materials or services made available by us through the SiteS, even if Shomer Collective is advised beforehand of the possibility of such damages. Shomer Collective is not a mental health provider, legal services provider, SOCIAL WORK ORGANIZATION, or medical provider. If you are dissatisfied with the SiteS, or any materials or services on the SiteS, or with any of the Sites’ terms, your sole and exclusive remedy is to discontinue using the SiteS.
16. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Shomer Collective and its directors, officers, managers, employees, contractors, agents, affiliates, suppliers, representatives, licensors, service providers, and vendors from and against any and all claims, liabilities, losses, expenses, damages, and costs, including reasonable attorneys’ fees, that arise out of your use of the Sites, your User Contributions, your violation of these Terms of Service, or your violation of any other person’s rights. We may, but are not obligated to, take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.
17. Suspension and Termination of Access
You agree that we will not be liable to you or any third party for any suspension or termination of your use of the Sites. In the event that we suspend or terminate your access to and/or use of the Sites, you will continue to be bound by the Terms of Service that were in effect as of the date of your suspension or termination.
18. Notice of Modification / Changes at Will
The Sites are provided as a service to the Sites’ visitors. Shomer Collective reserves the right to delete, modify, or supplement the content of the Sites or these Terms of Service, or discontinue, temporarily or permanently, the Sites, or any portion thereof, with or without notice at any time. Your continued use of our services after such changes constitutes your acceptance of the Terms of Service, including as they may be further modified. We strongly encourage and expect that you will review these Terms of Service frequently so that you will be aware of any changes, since they are binding on you. Shomer Collective also reserves the right to terminate operation of the Sites entirely at any time for any reason without prior notice. You agree that we will not be liable to you or to any third party for any deletion, modification, supplementation, suspension, or discontinuance of the SiteS or any portion thereof.
19. Severability
If any provision of these Terms of Service is held invalid or unenforceable in whole or in part, that provision shall be ineffective without affecting the validity or enforceability of the remaining provisions of these Terms of Service.
20. Dispute Resolution by Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
You and Shomer Collective agree that any and all disputes or claims that have arisen or may arise between you and us, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Sites, or any aspect of the relationship between us, will be resolved exclusively through final and binding arbitration before a neutral arbitrator, rather than in a court by a judge or jury. You agree that, by accepting these Terms of Service, you and we are each waiving the right to a trial by jury or to participate in a class action. Each of the parties shall maintain the strictly confidential nature of the arbitration, including all aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, and shall not (without the prior written consent of the other party) disclose to any third party the fact, existence, content, award, or other result of the arbitration, except as may be necessary to enforce, enter, or challenge such award in a court of competent jurisdiction or as otherwise required by law.
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (the “AAA”) Consumer Arbitration Rules in effect at the time that such arbitration is initiated (collectively, the “AAA Rules”), as modified by these Terms of Service. Any arbitration hearings will take place in New York City, New York, at another mutually agreeable location or, if both parties agree, by telephone or video conference. Whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator or by a hearing will be determined in accordance with the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Judgment on any award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Arbitration awards are enforceable like any court order, but are subject to very limited review by a court. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer.
Notwithstanding the above, and subject to applicable jurisdictional requirements, either party may elect to pursue a dispute in a local small claims court rather than through arbitration so long as the matter remains in small claims court and proceeds only on an individual basis. If a party has already submitted an arbitration demand to the AAA, the other party may, in its sole discretion, inform the AAA that it chooses to have the dispute heard in small claims court. At that time, the AAA will close the arbitration and the dispute will be heard in the appropriate small claims court, with no fees due from the arbitration respondent.
YOU AND SHOMER COLLECTIVE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, UNLESS BOTH YOU AND WE (WHERE EITHER OR BOTH ARE A PARTY TO AN ASSERTED CLAIM) AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
21. Situs, Venue & Jurisdiction
This Sites are controlled by Shomer Collective from its offices in New York, New York, United States of America. Visitors who choose to visit the Sites from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with their local laws.
Claims relating to the Sites, to the use of the Sites, and to the information content, material, goods and services available through the Sites are governed by and construed in accordance with the Federal Arbitration Act, and by the internal substantive laws of the State of New York, United States of America, without regard to its conflict of laws principles.
22. No Assignment; No Third-Party Beneficiaries
These Terms of Service are personal to you and you will not assign or delegate them or the rights and obligations under them to anyone. Any attempted or purported assignment or delegation is void, and will automatically terminate your right to use the Sites. These Terms of Service are not intended to benefit any third party, and do not create any third-party beneficiaries. Accordingly, these Terms of Service may only be invoked or enforced by you or us. We may assign or delegate our rights and obligations hereunder in our sole discretion.
23. Limitation on Actions
Any claim or cause of action that you may have arising out of or related to use of the Sites or these Terms of Service must be filed by you within one (1) year after such claim or cause of action arose or, to the fullest extent permitted by law, it will be forever barred.
24. Entire Agreement
These Terms of Service (including any policies or terms referenced herein) constitute the entire agreement between us and you with respect to the subject matter contained in these Terms of Service and supersedes all previous and contemporaneous agreements, proposals and communications, whether written or oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Sites. In the event of any conflict between any such third-party terms and conditions and these Terms of Service, these Terms of Service will govern.
25. Contact Us
If you have any questions about these Terms of Service, please contact us by email at hello@shomercollective.org.

