FOR THE FRIENDS OF EMVH WEBSITE
COMPLIANCE WITH LAW
Users of this Website and the services offered on this Website are solely responsible for compliance with all laws, rules and regulations, federal, state, local, or foreign, applicable to the use of this Website and the information, content, material, and services contained herein.
VENUE AND JURISDICTION
Claims relating to this Website and services described herein, to the use of this Website, and to the information, content material and services available through this Website are governed by the laws of the United States of America and the State of Ohio, as applicable. You hereby unconditionally, voluntarily and irrevocably consent to the exclusive jurisdiction and venue of the courts of general jurisdiction in Cuyahoga County, Ohio, in any claim or dispute concerning, relating to, or arising from this Website and any information received from or through this Website and the services described in this Website. You agree not to plead forum non-conveniens in any such action and you consent to service of process.
The purpose of the CHAVRUSA PROJECT services offered at this Website is to enable parents to find and connect with online tutors for their sons in the field of Torah studies and preparation for the Bar Mitzvah and to schedule online sessions with the tutors. Parents shall book online sessions on the Website with the tutors of their choice. In the event that a parent cancels a session on the Website less than 24 hours prior to the session, the parents will be charged for that session. Parents will receive a credit for any session that fails due to technical difficulties with the Website beyond the control of the parents. If a tutor is on time for a session but the child is at least ten minutes late, the tutor may end the session by notifying the parents by email.
EMVH shall record, and retain a video and audio recording of, each session.
WARRANTY AND LIMITATION OF LIABILITY
EMVH represents and warrants that the tutors whose names and contact information appear on this Website have the appropriate academic or scholarly background in the fields in which they are making themselves available for tutoring.
VISITOR ONLINE CONDUCT
You agree to use this Website only for lawful purposes.
You agree to use this Website only for its intended purposes.
EMVH reserves the right to prohibit any conduct involving this Website that it deems to be inappropriate.
You agree not to disrupt this Website, such as by using any device, software, or routine that interferes with this Website’s proper functioning.
You agree not to interfere with or compromise the security of this Website.
You agree not to disrupt or interfere with any other user’s use of this Website.
You agree not to collect, record, process, or mine information about other users.
You agree not to solicit personal information about children, or to submit or transmit, pornography or salacious or licentious information, material or content.
You agree not to send bulk e-mails, surveys, or other mass messages or to engage in keyword spamming.
You agree not to threaten, stalk, harm, or harass others, or promote bigotry or discrimination.
You agree not to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature.
You agree not to decompile, disassemble or reverse-engineer any part of this Website in order to identify, acquire, copy, or emulate any source code or object code.
You agree that you are solely responsible for any actions you undertake, and for the text, images, photos, and all other forms of data or communication that you submit or transmit (“Your Content”) while using this Website.
You agree that you will comply with all applicable local, state, federal and international laws, rules and regulations applicable to this Website and the Internet, including United States copyright laws and export restrictions.
You agree not to promote a business or any other commercial enterprise or event, or otherwise use this Website for commercial purposes, except as expressly permitted by EMVH.
You acknowledge that, once published, Your Content cannot always be withdrawn.
You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that enables readers to recognize you.
You represent that you own, or have permission to use and authorize the use of Your Content on this Website.
You represent and warrant that all information that you provide to gain access to the services provided by this Website is accurate and truthful. Please note that you may expose yourself to liability if, for example, Your Content contains materials that is false, misleading, or defamatory, or that violates a third party’s rights, such as copyright, patent, trademark, trade secret, moral right, rights of privacy or of publicity, or any other intellectual property or proprietary right, or contains material that is unlawful (such as hate speech or pornography), exploits or otherwise harms children, or violates or advocates the violation of any statute or regulation.
We may use Your Content in a number of ways, including displaying it publicly, reformatting it, incorporating it into (or displaying it next to or near) advertisements and other works, creating derivative works, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. By using this Website, you irrevocably grant EMVH the worldwide, non-exclusive, royalty-free, sub-licensable, and transferable right to use, copy, perform or display publicly, distribute, modify, translate, and create derivative works of, Your Content for any purpose. You also irrevocably grant the users of this Website and any other media platforms the right to access Your Content in connection with their use of this Website and such platforms. Finally, you irrevocably waive and cause to be waived any claims and assertions of moral rights or attribution with respect to Your Content.
We reserve the right to remove, screen, edit, reinstate, or otherwise regulate Your Content from time to time at our sole discretion, without notice to you, for any reason or no reason. We disclaim all obligations to keep or provide you copies of Your Content. We do not guarantee the confidentiality of Your Content.
We limit access to this Website viewing the linked web pages solely for legitimate business purposes to access the information provided by EMVH at this Website. Any access or attempt to gain access to other areas of the EMVH computer system or other information contained on the system, or any of EMVH’s computers, servers, accounts, networks, data, software or other hardware, for any purposes, whether or not associated with this Website, is strictly prohibited. You may not use any information contained on this Website other than in connection with a legitimate business purpose.
ACCURACY OF CONTENT
All information, content, and material comprising or made available by EMVH on this Website (“Our Content”) serves information purposes only and Our Content is not binding upon EMVH. EMVH recommends that users exercise their own skill and care with respect to their use of this Website. Users should carefully evaluate the accuracy, currency, completeness, and relevance of the material on the Website for their purposes. EMVH does not guarantee that the information is or will be complete, accurate, error-free, useful for a certain purpose, or available at any particular time. EMVH makes no representation that the information contained on the site is appropriate or available for use in all countries, and access to information from places where Our Content is illegal is prohibited.
EMVH is not a party to, has no involvement or interest in, makes no representations or warranties about, and has no responsibility or liability as to any communications, transactions, interactions, disputes or any relations of any kind between you and any other user, person or organization.
COPYRIGHT, TRADEMARK, AND INTELLECTUAL PROPERTY
Our Content (including, without limitation, any computer source code, object code, HTML code, or other code comprising this Website) is owned by or licensed to EMVH. The copyright in and to this Website and Our Content is owned by EMVH. EMVH retains and reserves all rights in and to this Website and Our Content. The reproduction, distribution, transmission, display or use of this Website and any of Our Content is prohibited without the prior written consent of EMVH.
EMVH grants you permission to display, copy, distribute, print, or download Our Content for your personal use only. Except as expressly authorized by EMVH, if you display, copy, distribute, print, or download Our Content on this Website, then you may not modify it and you must retain all copyright and other proprietary notices contained in this Website and Our Content.
EMVH and the Website’s domain name are service marks, trade names, service marks, or otherwise protected property of EMVH and may not be used, copied or imitated without the prior written consent of EMVH.
EMVH’s intellectual property may not be used in connection with any service or information that is not EMVH’s. EMVH’s intellectual property may not be used in any manner that is likely to cause confusion among consumers or in any manner that disparages EMVH. Other trademarks, trade names, company names, service marks and otherwise protected property displayed on this Website are the property of their respective owners and are subject to the terms and conditions applied by those owners to their intellectual property. You may not mirror any of Our Content contained in this Website on any other Website or server.
DIGITAL MILLENNIUM COPYRIGHT ACT, TRANSMISSION OF THIRD-PARTY CONTENT
You may not copy to, upload to, post to or otherwise distribute on this Website anything protected by copyright law or other proprietary rights, unless the owner of the applicable copyright or proprietary right has given you express written authorization for such copying, uploading, posting or distribution.
Any material for which permission has been granted to copy, upload, post, or otherwise distribute must contain all requisite copyright management notices and language indicating that such material is being used by express permission of the owner thereof.
The unauthorized use, uploading, posting, or distribution of information, material or content protected by copyright or other proprietary rights is illegal and may subject the malfeasant to civil penalties and criminal prosecution.
EMVH, ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES, ARE NOT LIABLE FOR DAMAGES RESULTING FROM ANY INFRINGEMENT RESULTING FROM YOUR ACTIONS INVOLVING COPYRIGHTED OR PROPRIETARY RIGHT PROTECTED MATERIAL.
EMVH, pursuant to the Digital Millennium Copyright Act, designates Mr. A Schabes to receive complaints and notices of suspected copyright infringement. If you believe that your work has been copied and is accessible on this Website in a way that constitutes infringement, you may notify email@example.com by providing Mr. Schabes the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
Identification of the URL or other specific location on this Website where the material that you claim is infringing is located;
Your address, telephone number, and e-mail address;
Your statement, that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
Your statement, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Mr. Schabes may be reached by e-mail at firstname.lastname@example.org or by regular mail addressed to Friends of EMVH at 31100 Solon Road, Suite 16, Solon, Ohio 44139, Attention Mr. Schabes.
You are prohibited from copying to, uploading to, posting to or otherwise distributing on, this Website any unlawful, threatening, obscene, improper, intimidating, libelous, defamatory or slanderous comments, jokes, images, information, content or material that are intended to or are likely to offend a reasonable person on the basis of his or her age, physical or mental disability, gender, race, religion, national origin, physical attributes, or any other classification that could result in any civil or criminal liability for either yourself or for EMVH, its members, shareholders, principals, directors, trustees, officers, employees, agents, affiliates or any such similarly situated persons or entities.
OWNERSHIP OF THIRD-PARTY CONTENT
EMVH displays information, content, and material supplied by visitors and other third parties on its Website. EMVH maintains no editorial control over this information, content, and material. The information, content, and material supplied by visitors and other third parties belongs to the respective owners of thereof.
EMVH DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES, AND SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY LOSS, DAMAGE OR HARM CAUSED BY YOUR OR ANYONE ELSE’S RELIANCE ON CONTENT AVAILABLE ON THIS WEBSITE SUPPLIED BY THIRD PARTIES. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND ACTING ON ANY CONTENT AVAILABLE ON THIS WEBSITE SUPPLIED BY THIRD PARTIES.
EDITING, DELETING, AND MODIFICATION
EMVH reserves the right in its sole discretion to edit, delete, modify, suspend or discontinue any information, content, material, feature, aspect, product or service comprising, or available through, this Website at any time. EMVH may alter the availability of any feature of this Website or service at any time.
ACCOUNT, PASSWORD, AND NON-TRANSFERABILITY OF ACCESS
If you visit or use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for anything that happens under your account or password. You may not transfer your right to use this Website or any password or right given to you to obtain access to this Website. You acknowledge that EMVH is not responsible for third party access to your account that results from theft or misappropriation of your account. We reserve the right to refuse or cancel service, terminate accounts, and remove or edit content in our sole discretion.
EXCEPT FOR THE EXPRESS WARRANTY SET FORTH HEREIN, THIS WEBSITE AND THE CHAVRUSA PROJECT SERVICES ARE PROVIDED “AS IS,” AND “AS AVAILABLE”. YOUR ACCESS TO USE, OF AND RELIANCE ON THIS WEBSITE AND CONTENT ACCESSED THROUGH THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. EMVH MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OR USE OF THIS WEBSITE, OR THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE. EMVH DOES NOT WARRANT THAT THIS WEBSITE OR THE CHAVRUSA PROJECT SERVICES WILL BE AVAILABLE AT ALL TIMES OR THAT EVERYONE’S USE WILL BE CONTINUOUS OR ERROR-FREE. EMVH DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, THAT THE CONTENT OR PRODUCTS AND SERVICES AVAILABLE THROUGH THIS WEBSITE ARE ACCURATE, RELIABLE, OR CURRENT.
EMVH HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OR USE OF THIS WEBSITE, OR ITS REGULATION BY EMVH, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU AGREE TO VISIT THIS WEBSITE SOLELY AT YOUR OWN RISK. YOU AGREE TO USE THIS WEBSITE AND ANY CONTENT AVAILABLE ON OR THROUGH THIS WEBSITE SOLELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY
EMVH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THIS WEBSITE, APART FOR THE REFUND OF FEES PAID BY A USER.
FURTHER, NEITHER EMVH NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING OR UPDATING THIS WEBSITE SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, OR DELAYS IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE, OR THAT RESULT FROM ACTS OF GOD, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, UNAUTHORIZED ACCESS, OR ANY OTHER CAUSE, EVEN IF EMVH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THIS WEBSITE SHALL BE TO TERMINATE AND DISCONTINUE YOUR USE OF THE SERVICES OR ACCESS TO THIS WEBSITE.
USE OF INFORMATION
CHANGE OF TERMS
LINKS TO OTHER ACCOUNTS AND WEBSITES
The Website may contain links to other Websites. We are not responsible for the content, accuracy, or opinions expressed in, or the existence of, such Websites, and EMVH does not investigate, monitor, or check for accuracy or completeness. Including a linked Website on this Website does not imply approval or endorsement of the linked Website by EMVH. If you decide to leave our Website or access these third-party sites, you do so at your own risk. EMVH is not liable for damages, irrespective of their nature, incurred by the use or non-use of third parties’ web pages.
You will be able to connect your EMVH account to third parties’ accounts. By connecting your account to third parties’ accounts, you acknowledge and agree to the continuous release of information about you or your child to third parties. If you do not want such information to be shared in this manner, you may not use this feature.
We control, operate, and administer this Website from our office in the United States. If you access the Website from outside the United States, you are responsible for compliance with the laws of any applicable jurisdiction. You agree that you will not access the Website or use Our Content in any manner that is restricted by any applicable statutes or regulations.