Effective Date: September 5, 2024

Thank you for visiting the American Society for Holocaust Education and Remembrance website at
ASHERusa.org (the “Site”) provided by American Society for Holocaust Education and Remembrance,
Inc. (“ASHER,” “we,” “our” or “us”). Your use of this Site is expressly conditioned on your
acceptance of the following terms. By using this Site, you signify your assent to these Terms of
Use (“Terms”). If you do not agree with any part of the following terms, you must exit this Site
and cease any access to or use of this Site. We may immediately terminate these Terms of Use with
respect to you (including your access to this Site) if you fail to comply with any provision of
these Terms of Use.

1. Authority

By using our Site, you represent that you are at least 13 years old. Persons who are at least 13
years of age but under the age of 18 may only use our Site with legal parental or guardian consent.
Accordingly, you agree that you are at least 18 years of age or older or possess legal parental or
guardian consent, and are fully able and competent to enter into the terms, conditions,
representations and warranties set forth in the Terms of Use; otherwise, please exit the Site.

2. Changes to These Terms of Use or The Site

We may change or modify these Terms of Use from time-to-time without notice other than posting the
amended Terms of Use on the Site. The amended Terms of Use will automatically be effective when
posted on our Site. Your continued use of our Site after any changes in these Terms of Use shall
constitute your consent to such changes. You should therefore periodically visit this page to
review the current Terms of Use. ASHER reserves the right to change, modify or discontinue,
temporarily or permanently, the Site (or any portion thereof), including any and all content
contained on the Site, at any time without notice. You agree that ASHER shall not be liable to you
or to any third party for any modification, suspension or discontinuance of the Site (or any
portion thereof).

3. Access and Use

The Site is for your personal, non-commercial use only. You may use the Site only for lawful
purposes and in accordance with these Terms of Use. Except as expressly permitted in these Terms of
Use, you may not copy, distribute, publish, transmit, modify, publicly display or perform, create
derivative works of or otherwise exploit any part of the Site. We reserve all rights not expressly
granted to you.

4. User Conduct

By using the Site you agree not to:

• Post, upload, or distribute any content that is unlawful, defamatory, libelous,
  inaccurate, or that a reasonable person could deem to be objectionable, profane,
  indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise
  inappropriate as determined by us;
• Interfere with the operation of the Site or any user’s enjoyment of the Site, including
  without limitation by (i) uploading or otherwise disseminating viruses, adware,
  spyware, worms, or other malicious code; (ii) making unsolicited offers or
  advertisements to other users of the Site; (iii) attempting to collect personal
  information about users or third parties without their consent; or (iv) interfering with
  or disrupting any networks, equipment, or servers connected to or used to provide the
  Website, or violating the regulations, policies, or procedures of such networks,
  equipment, or servers;
• Perform any fraudulent activity including impersonating any person or entity, or
  claiming false affiliations;
• Attempt to do any of the foregoing in this Section, or assist or permit any persons in
  engaging or attempting to engage in any of the activities described in this Section.
  Violation of any of the above may, at any time without prior notice, result in a warning,
  temporary limit, suspension or immediate termination of your access to the Site, reporting of
  your conduct to authorities, or legal action, as may be appropriate in the sole discretion of
  ASHER. You acknowledge that ASHER is not responsible for and does not assume any liability
  for users’ acts or omissions, including, without limitation, with respect to the aforementioned
  activities.

5. Intellectual Property

You acknowledge that all materials at the Site, including the Site’s design, graphics, text, sounds,
pictures, software and other files and the selection and arrangement thereof (collectively,
“Materials”), are the property of ASHER and/or its licensors, and are subject to and protected by
United States and international copyright and other intellectual property laws and rights. All
rights to Materials not expressly granted in these Terms of Use are reserved to their respective
copyright owners. ASHER authorizes you to view and download the Materials only for personal,
non-commercial use, provided that you keep intact all copyright and other proprietary notices
contained in the original Materials. Except as expressly authorized by these Terms of Use, you
may not copy, reproduce, distribute, republish, download, perform, display, post, transmit,
exploit, create derivative works or otherwise use any of the Materials in any form or by any
means, without the prior written authorization of ASHER or the respective copyright owner.
Except pursuant to a separate written agreement between you and ASHER that specifically
grants you permission to do so, you may not, under any circumstances: (a) copy, print, or
download in any medium all or substantially all of the Materials; (b) mirror, frame, “deep link,”
“scrape,” data mine this Site or the Materials; or (c) modify or adapt the Materials in any way or
otherwise use them for any public or commercial purposes. The trademarks, service marks, trade
names, trade dress and logos (collectively, “Marks”) contained or described at the Site are the
sole property of ASHER and/or its licensors and may not be copied, altered or otherwise used, in
whole or in part, without the prior written authorization of ASHER and/or its licensors. In
addition, all page headers, custom graphics, button icons and scripts are the property of ASHER
and may not be copied, imitated or otherwise used, in whole or in part, without the prior written
authorization of ASHER. ASHER reserves the right to enforce its intellectual property rights to
the fullest extent of the law.

6. User Submitted Content

This Site may, from time to time, offer interactive features that allow users to submit content,
communications, data, suggestions, feedback, or other information or materials to the Site
(collectively, “User Content”). ASHER does not and cannot review all such User Content and is
not responsible for such User Content. You acknowledge that by providing the ability to view
and distribute User Content on this Site, ASHER is merely acting as a passive conduit for such
distribution and is not undertaking any obligation or liability related thereto. However, ASHER
reserves the right to block or remove User Content that it determines to be unacceptable to
ASHER in its sole discretion.

Any User Content received by ASHER through this Site will be deemed to include, and you
hereby grant to ASHER, a royalty-free, perpetual, irrevocable, nonexclusive, transferrable,
sublicenseable, right and license for ASHER to adopt, publish, reproduce, disseminate, transmit,
distribute, copy, use (including commercial exploitation), create derivative works of, display (in
whole or part) worldwide, or act on such User Content without additional approval or
consideration, in any form, media, or technology now known or later developed for the full term
of any rights that may exist in such User Content. You expressly acknowledge and agree that you
waive any claim to the contrary. ASHER may, but will not be obligated to, use and/or provide
any attributions related to, any User Content. Any use of User Content by ASHER will be
subject to ASHER’s Privacy Policy.

7. Notification of Copyright Infringement Under the Digital Millennium Copyright
Act (DMCA)

We respect the intellectual property rights of others and require that the people who use the
Site do the same. We may terminate the use privileges of users who are repeat infringers of
intellectual property rights. Accordingly, you may not store any material or content on, or
disseminate any material or content over, the Site in any manner that constitutes an
infringement of third party intellectual property rights, including rights granted by U.S.
copyright law. If you believe in good faith that your work has been copied in a way that
constitutes copyright infringement, please forward the following information to the
Copyright Agent named below:

1. Your address, telephone number, and email address;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of the allegedly infringing material and information reasonable
   sufficient to permit us to locate the material;
4. A statement by you that you have a good faith belief that the disputed use is not
   authorized by you, the copyright owner, its agent, or the law;
5. An electronic or physical signature of the person authorized to act on behalf of the
   owner of the copyright interest; and
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The contact information for ASHER’s Copyright Agent is:

Copyright Agent
American Society for Holocaust Education and Remembrance, Inc.
492c Cedar Lane, Suite 327
Teaneck, NJ 07666
[email protected]

8. External Links

We may provide links to other websites from time to time that are operated by third parties not
affiliated with ASHER. These links are provided for your convenience. We do not endorse or
take responsibility for the content of those websites, are not responsible for the availability of
them, and will not be liable in any way for any loss or damage which you may suffer by using
those websites. Different Terms of Use and privacy policies may apply to your use of any linked
sites. If you decide to access linked websites, you do so at your own risk.

9. Termination

You agree that ASHER may terminate or suspend your access to all or part of this Site, without
notice, for any conduct that ASHER, in its sole discretion, believes is in violation of these Terms
of Use or any applicable law or is harmful to the interests of another user or ASHER.
Notwithstanding such termination or suspension, you will continue to be subject to the
“Intellectual Property,” “Warranties, Disclaimers and Limitations of Liability,”
Indemnification,” “Applicable Law and Jurisdiction,” “User Conduct,” and “User Submitted
Content,” sections of these Terms of Use.

ASHER reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Site (or any part thereof) with or without notice. Except as
otherwise expressly stated in these Terms of Use, you agree that ASHER shall not be liable to
you or to any third party for any modification, suspension or discontinuation of the Site.

10. Warranties, Disclaimers and Limitations of Liability

You expressly understand and agree that:

Your use of the website is at your sole risk. The Site and the materials contained herein are
provided on an “as is” and “as available” basis. Except as otherwise expressly provided in these
Terms of Use, ASHER and its respective officers, directors, employees and other representatives
(collectively, the “ASHER parties”), expressly disclaim all warranties of any kind, whether
express or implied, including, but not limited to the implied warranties of merchantability, fitness
for a particular purpose and non-infringement. Without limiting the generality of the foregoing,
the ASHER parties make no warranty that: (i) the Site will meet your requirements; (ii) the Site
will be uninterrupted, timely, secure, or error-free; (iii) information that may be obtained will be
accurate or reliable; (iv) the quality of any services, information, or other material obtained by
you through the Site will meet your expectations or needs; and (v) any errors in the Site will be
corrected.

The ASHER parties shall not under any circumstances be liable for any damages of any kind
arising out of, in connection with or relating to the use of or inability to use the website,
including any liability: (i) as a publisher of information; (ii) for any incorrect or inaccurate
information; (iii) for any unauthorized access to or disclosure of your transmissions or data; (iv)
for statements or conduct of any third party on the website; or (v) for any other matter relating to
this website or any third party website. This is a comprehensive limitation of liability that applies
to all damages of any kind, including any direct, indirect, special, incidental or consequential
damages, whether based on breach of contract, breach of warranty, tort (including negligence),
product liability or otherwise, even if an individual advises of the possibility of such damages.
The limitations of liability set forth herein are fundamental elements of the basis of the bargain
between ASHER and you. The information and services offered on and through the Site would
not be provided without such limitations.

Notwithstanding the foregoing, the sole and entire maximum liability of the ASHER parties for
any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be
limited to the amount paid by you for any information or service purchased by you from ASHER
on this Site.

Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion
of liability for certain types of damages. Accordingly, some of the above disclaimers and
limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend and hold harmless the ASHER parties against all claims,
demands, causes of action, losses, expenses, damages and costs (including any reasonable
attorneys’ fees), resulting or arising from or relating to your use of or conduct at the Site, any
material that you submit to, post on or transmit through the Site, your breach of these Terms of
Use, your infringement or violation of any rights of another, or termination of your access to the
Site.

12. Governing Law and Jurisdiction

These Terms of Use are governed by and will be construed in accordance with the laws of the
United States and the State of New Jersey. Any disputes arising under or in connection with
these Terms of Use, or your access or use of the Site shall be subject to the exclusive jurisdiction
of the State and federal courts located in Teaneck, New Jersey.

13. Miscellaneous

These Terms of Use and any policies or operating rules posted by us on this site or in respect to
The Service constitutes the entire agreement and understanding between you and us and govern
your use of the Service, superseding any prior or contemporaneous agreements, communications
and proposals, whether oral or written, between you and us (including, but not limited to, any
prior versions of the Terms of Service).

If any provision of these Terms of Use be deemed unlawful, void or for any reason
unenforceable by a court of competent jurisdiction, the validity and enforceability of any
remaining provisions will not be affected.

The failure of ASHER to insist upon strict adherence to any term of these Terms of Use shall not
constitute a waiver of such term and shall not be considered a waiver or limit that party’s right
thereafter to insist upon strict adherence to that term or any other term contained in these Terms
of Use.

14. Contact Us

Questions regarding these terms should be addressed to:
American Society for Holocaust Education and Remembrance, Inc.
492c Cedar Lane, Suite 327
Teaneck, NJ 07666
[email protected]