Joseph L. Berk provides the JB Online Tutors’ site to users seeking tutoring services which this document refers to as “Students” or “students” and to other “Users” or “users” seeking to provide tutoring services or content which this document refers to as “Tutors” or “tutors”, and to any other entity who accepts these terms on behalf of a user or users. The term “you” or “You” or “User” or “user” shall refer to any person or entity who views, uses, accesses, or browses any content on, and/or creates, uploads, posts, sends, receives or stores content to JB Online Tutors. This includes students and tutors.
These terms are entered into by and between Joseph L. Berk and you, and you accept them by using the site in any way including accessing or viewing JB Online Tutors content, creating a site profile of any sort, making contact with other individuals using the site, or by acknowledging this agreement with these terms. In the event that any provision of these terms is held invalid by any law, regulation of government, court or arbitrator you and Joseph L. Berk agree that such a provision will be replaced with a new provision that accomplishes the original business purpose, and the provision of these terms will remain in full force and effect.
Do not agree to these terms or continue to use this site unless you both fully understand and fully accept each term and condition. These terms control even if anything in or associated with the JB Online Tutors site is in conflict or inconsistent with these terms. Any express waiver or failure to exercise promptly any right under these terms will not create a continuing waiver or any expectation of non-enforcement. By using or continuing to use JB Online Tutor’s website you represent and warrant that you understand, agree to, and accept all terms and conditions contained in these terms which govern your use of the JB Online Tutors site.
JB Online Tutors is a place for tutors to share or sell content and provide online 1:1 or 1:many instruction and a place where students can find help from tutors. Tutors do no pay Joseph L. Berk for finding students nor does Joseph L. Berk pay other tutors. Joseph L. Berk and other tutors are each independent businesses and decide for themselves how they will interact with other users, provide services, bill and receive payment. Tutors decide and are solely responsible for the content they choose to share.
Joseph L. Berk has the authority to accept, reject or remove any tutor profile or documentation shared at the site at any time in his sole discretion, for any reason or no reason. You agree that, if you are suspended and/or terminated, you will make no future use of JB Online Tutors after termination or during suspension. Joseph L. Berk shares no responsibility for the content which other tutors create, upload, post, send, receive or store through their use of the site. Joseph L. Berk shares no responsibility for other tutor’s interactions with students and other tutors nor is he responsible for monetary transactions between site users.
Students are responsible for selecting the right tutor for their needs. In making hiring decisions, students should review and investigate each tutor’s self-reported credentials, education, and experience and even do a background check. It is advised that if a student is younger than 18 years of age that tutoring take place while supervised by a responsible adult.
Tutors who create a profile with JB Online Tutors authorize Joseph L. Berk to share their picture, contact and personal information with other users and site administrators. Joseph L. Berk and JB Online Tutors administrators have access and permission to view all site information including all profiles and documentation. Any user who creates a profile may be contacted by Joseph L. Berk or other JB Online Tutors administrators.
Tutors must not disclose unauthorized personal information about other users. Tutors shall not create or upload content that is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing or otherwise objectionable to Joseph L. Berk or other users nor shall tutors upload, post, send receive or store such content. Such harmful content includes software viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other computer code, files or programs designed to interrupt, disable, overburden, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Joseph L. Berk reserves the right to review, edit or remove any JB Online Tutors content for any reason he deems necessary.
Joseph L. Berk may also remove or suspend a user who uses the site in a manner that is unlawful, improper or irrelevant or for any other reason he deems necessary.
JB Online Tutors is controlled by Joseph L. Berk and other administrators from various locations and Joseph L. Berk makes no representation that JB Online Tutors’ site is accessible in all locations. JB Online Tutors’ services may not be available in your location, and available services may vary among locations.
To be an eligible user tutors and students must have the right, authority and capacity to enter into these terms and conditions. If you or anyone in your home has been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect fraud, larceny or any offense that involves endangering the safety of others then you are not eligible to enter this agreement. Users may not have been convicted of a crime of any nature. Joseph L. Berk may remove any user who does not meet these eligibility requirements.
Joseph L. Berk does not conduct background checks on any user and is not responsible for verifying user compliance with the above conditions, but if users are suspected to be in violation the user may be removed from JB Online tutors.
Joseph L. Berk may revise the requirements or conditions for eligibility from time to time. Continuing to use JB Online Tutors after a revision constitutes agreement with and acceptance of any new eligibility requirements and conditions and users will be required to abide by any new requirements or conditions or discontinue using JB Online Tutors.
Joseph L. Berk expressly disclaims, and you expressly release Joseph L. Berk from any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (a) any inaccuracy, untimeliness or incompleteness regarding a user’s eligibility conditions and/or (b) misstatements or misrepresentations made by any user.
Joseph L. Berk does not claim ownership of the content that you provide on the website and shall have no obligation of any kind with respect to such content. Unless it is otherwise stated herein, any content that you provide in connection with this website shall be deemed to be provided on a non-confidential basis.
You represent and warrant that you have proper authorization for the worldwide transfer and processing among JB Online Tutors, its affiliates, and third-party providers of any content that you may provide on the site.
Tutors seeking to sell content through JB Online Tutors may in no way hold Joseph L. Berk responsible for the protection of such content and Joseph L. Berk reserves the right to modify or remove such content.
Users must abide by all payment policies. Users must pay all costs associated with the services through JB Online Tutors. These costs include but are not limited to: (a) Access to some the site’s paid content. This does not apply to content made available for free. (b) Space to store content in the Learning Management System (LMS). (c) Access or use of the JB Online Tutor’s Virtual Classroom.
Tutors wishing to sell their content understand that the paid and free content tutors submit will not be immediately available, but must be released by Joseph L. Berk before it will be released for student access. Joseph L. Berk will make a best effort to review all submitted content within one week, but makes no commitment as to the time between content being submitted by the tutor and released by the Joseph L Berk. Joseph L. Berk is under no obligation to accept submitted content.
Joseph L. Berk may run advertisements and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than JB Online Tutors, found on or through the site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Joseph L. Berk is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-JB Online Tutors advertisers on the Site.
You may find links to other websites or resources on the Site. You acknowledge and agree that Joseph L. Berk is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Joseph L. Berk will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
For help or more information, call (512) 970-5920 or email [email protected]
“JB Online Tutors Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations JB Online Tutors uses in connection with its products and services. You may not remove or alter any JB Online Tutors Trademarks, or co-brand your own products or material with JB Online Tutors Trademarks, without Joseph L. Berk’s prior written consent. You acknowledge Joseph L. Berk’s rights in JB Online Tutors Trademarks and agree that any use of JB Online Tutors Trademarks by you shall inure to Joseph L. Berk’s sole benefit. You agree not to incorporate any JB Online Tutors Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services or technologies.
Unless explicitly stated herein, nothing in these terms shall be construed as conferring any license to intellectual property rights. Permission is granted to display, copy, distribute and download content on the site provided that: (a) the copyright notice pertaining to the content remains, and a permission notice (e.g., “used with permission”) is added to such content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if you breach any of the terms or conditions in this document. Upon termination, you must immediately destroy any downloaded and/or printed Content.
Joseph L. Berk respects the intellectual property of others, and asks JB Online Tutor’s users to do the same. Accordingly, users may not post, modify, distribute, or reproduce in any way any content on JB Online Tutors that is copyrighted material you do not own or have permission to use, without obtaining prior written consent of the copyright owner. Joseph L. Berk reserves the right, at his discretion, to remove any content if he believes it may infringe the copyright rights of others, and/or to terminate the accounts of users who are believed to be infringers.
If you believe that your work has been copied and posted on the site in a way that constitutes copyright infringement, Joseph L. Berk will respond to notices of alleged infringement you believe in good faith infringes your copyright, you (or your agent) may send Joseph L. Berk a notice requesting that the content or material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Joseph L. Berk to locate the content or material within JB Online Tutors; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the content or material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Joseph L. Berk’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: [email protected]
By mail: JB Online Tutors
1711 Todd Lane, Cedar Park, Tx 78613
Be aware that there can be penalties for false claims under the DMCA.
Use of JB Online Tutors is at your sole risk unless otherwise explicitly stated. JB Online Tutors, including the information, services and content, is provided on an “as is”, “as available”, and “with all faults” basis. Joseph L. Berk disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, or fitness for a particular purpose. Joseph L. Berk disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition or merchantability.
JB Online Tutors is controlled by Joseph L. Berk and other administrators from various locations and Joseph L. Berk makes no warranty or representation that JB Online Tutors’ site is accessible in all locations. JB Online Tutors’ services may not be available in your location, and available services may vary among locations. Joseph L. Berk makes no warranty or representation that JB Online Tutors’ site will be uninterrupted, timely, secure, or error-free or that content will meet all expectations or requirements or be accurate and reliable. Joseph L. Berk makes no warrantee or representation that errors will be corrected.
You assume all risk for any damage to your computer system or device or loss of data that results from obtaining any content from the site, including any damages resulting from computer viruses.
You understand and agree that Joseph L. Berk has no control over the acts or omissions of any user on or off the site and that Joseph L. Berk makes no representations or warranties about the quality of the service provided by any user. You understand and agree that Joseph L. Berk is not responsible for the performance or conduct, whether on or off the site, of any user. As such, Joseph L. Berk expressly disclaims, and each user expressly releases Joseph L. Berk from any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to the JB Online Tutors site, including without limitation any acts and/or omissions of users on or off the JB Online Tutor’s site.
Users of the JB Online Tutors site transact between themselves. Joseph L. Berk will not be involved in any user interactions. Joseph L. Berk is not responsible for disputes, claims, loss, injury, or damage of any kind that might arise during and after user interaction.
To the full extent permitted by law, Joseph L. Berk is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages arising out of or in connection with the site, even if Joseph L. Berk has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence) including any and all damages without limitation.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. In no event shall Joseph L. Berk’s total liability to you for all damages, losses and causes of action, whether in contract, tort (including but not limited to, negligence) or otherwise, exceed (A) The amount paid by you to Joseph L. Berk OR a Joseph L. Berk partner, if any, or (B) $100 (Whichever is less).
You and Joseph L. Berk agree that the warranty disclaimers and limitations of liability in these terms are material, bargained-for bases of this agreement, and that they have been taken into account in determining the consideration to be given by each party under this agreement and in the decision by each party to enter into this agreement. You and Joseph L. Berk agree that the warranty disclaimers and limitations of liability in these terms are fair and reasonable.
If you are dissatisfied with the JB Online Tutors or do not agree to any provisions of these terms, your sole and exclusive remedy is to discontinue using the site, except as may be provided for in this above.
Users assume all risks when using JB Online Tutors, including without limitation any and all of the risks associated with any online or offline interactions with other users.
Joseph L. Berk may provide notice to users via email, regular mail, or posting notices or links to notices on the site. Joseph L. Berk reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or use of or access to them, with or without notice. Joseph L. Berk may also delete, or bar access to or use of, all related information and files. Joseph L. Berk will not be liable to users or any third-party for any modification, suspension, or termination of service, or loss of related information. Joseph L. Berk may amend these terms at any time by posting the amended terms on this site.
These terms constitute the entire agreement between you and Joseph L. Berk relating to the subject matter, and cancel and supersede any prior versions of the terms. You may not assign or otherwise transfer the terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use JB Online Tutors Site or third-party products or services.