Terms of Service
& Privacy Policy

Welcome to jsberck.com (the “Site”), the website provided by Jonathan S. Berck, LLC, a New York limited liability company (“JSB”). This Policy contains the terms, covenants, conditions, and provisions upon which you may access and use this Site and the information and materials found on this Site. This Policy also contains the privacy policy applicable to your use of this Site. This Policy is effective as of September 1, 2019.

By accessing, viewing, or using this Site, you, the User, indicate that you understand and intend these Terms of Service and Privacy Policy to be the legal equivalent of a signed, written contract and equally binding, and that you agree to such Terms of Service and Privacy Policy. Please note that JSB reserves the right to change the Terms of Service and Privacy Policy under which this Site and its many offerings are extended to you. Your continued use of this Site following reasonable notice of such modifications will constitute your acceptance of such changes. You also agree that notices we may provide on the Site itself shall be deemed reasonable notice for this purpose.

Materials on this Site have been prepared by JSB for general informational purposes only. This site utilizes original photography as well as licensed stock photography for illustrative purposes; not all persons depicted are JSB employees or clients. These materials do not, and are not intended to, constitute legal advice. These materials may be considered advertising in your state. JSB does not wish to represent anyone desiring representation based upon viewing this Site in a state where this Site fails to comply with all laws and ethical rules of that state. Prior results do not guarantee similar outcomes. The information provided at this website is not privileged and does not create an attorney-client relationship with JSB or any of its lawyers. The act of sending an e-mail to JSB or any attorney at JSB, or submitting a form response or other materials through the Site, will not create an attorney-client relationship. If you are not currently a client of JSB, your e-mail will not be privileged and may be disclosed to third persons. This website is not an offer to represent you. You should not act, or refrain from acting, based upon any information at this website.

This Policy provides you, the user, with a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with the Terms of Service. Users may print and download materials and information on this Site solely for personal and noncommercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing and except as otherwise expressly permitted herein, a User may not modify, copy, distribute, broadcast, transmit, reproduce, publish, mirror, frame, license, transfer, sell, or otherwise use any information or material obtained from or through this Site. As a further condition of use of this Site, all users warrant to JSB that they will not use this Site for any purpose that is unlawful or otherwise prohibited by these Terms of Service. To seek permission to use materials and information (including screenshots of this Site) beyond the scope of the foregoing license, please contact JSB. Any rights not expressly granted herein are reserved.

All material contained on this Site, unless otherwise indicated, is protected by law, including, but not limited to, United States copyright, trade secret (for password-protected areas), and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, JSB does not grant any express or implied right(s) to users of this Site. Please be aware that JSB actively and aggressively enforces its intellectual property rights to the fullest extent of the law. The contents of this Site are © 2019 Jonathan S. Berck, LLC. All Rights Reserved. Removing or altering the copyright notice on any material on this Site is prohibited. JSB also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination and arrangement of the Site's content.

The Site may contain materials posted by third parties. If you believe that any materials on this Site infringe any copyright or other intellectual property interest, please contact JSB.

JSB may provide links, in its sole discretion, to other sites on the Internet for the convenience of its users in locating related information and services. These sites have not necessarily been reviewed by JSB and are maintained by third parties over which JSB exercises no control. Accordingly, JSB expressly disclaims any responsibility for the privacy policies, information collection practices, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.

WHILE JSB ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AND MATERIALS AVAILABLE, THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, JSB MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE AT ANY TIME, FOR ANY REASON.

YOU, THE USER, ASSUME THE SOLE RISK OF MAKING USE OF, AND/OR RELYING ON, THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE. JSB MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

IN NO EVENT SHALL JSB BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION AND MATERIALS AVAILABLE ON THIS SITE, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF JSB HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.

This Policy will be governed by the laws of the State of New York without giving effect to the choice of law provisions thereof or any other provision permitting the application of the law of any other jurisdiction, and all parties to this Policy expressly agree to be subject to the jurisdiction of courts in the County of Dutchess, State of New York.


PRIVACY POLICY

JSB shares your concerns about maintaining the privacy of personal information collected on the Site, and is committed to ensuring that your privacy is protected. This privacy policy discloses the information gathering and dissemination practices of JSB in connection with the Site. It explains how we use the information we collect about you, the User, how you can instruct us if you prefer to limit the use of that information, and the procedures that we have in place to safeguard your privacy. Please read the following information carefully to understand our views and practices regarding your personal data and how we treat it. Use of this Site constitutes acknowledgment and, where applicable, consent to JSB' collection and use of your personal data as outlined therein.

JSB may collect and/or track (a) the home server domain names, e-mail addresses, type of computer, and type of Web browser of users to the Site, (b) the e-mail addresses of users that communicate with JSB or the Site via e-mail, (c) information knowingly provided by the user in online forms, registration forms, surveys, etc. (including name, address, e-mail and other personal profile data), and (d) aggregate and user-specific information on which pages users access. JSB reserves the right to place Internet "cookies" on users' hard drives. Internet cookies can save data about individual users, such as the user's name, password, user-name, screen preferences, the pages of a site viewed by the user, and the advertisements viewed or clicked by the user. When the user revisits the Site, JSB may recognize the visitor by the Internet cookie and customize the user's experience accordingly. Users may decline Internet cookies, if any, by using the appropriate feature of their Web client software, if available. However, declining to use cookies may impede the ability of the Site to function properly. When a user performs a search within the Site, JSB may record information identifying the user or linking the user to the search performed. JSB may also record limited information associated with every search request made by the user and the use of that information to, among other things, solve technical problems with the service and to calculate overall usage statistics. For more information see www.allaboutcookies.org. This Site uses Google Analytics to help collect and analyze certain information about you.

JSB may use the personal data it collects for internal purposes, namely, for solving technical problems, calculating overall usage statistics, for internal marketing and promotional purposes, product development, and content improvement. JSB will not disclose to third parties any individually identifying information, such as names, postal and e-mail addresses, telephone numbers, and other personal information which users voluntarily provide to JSB, except to the extent necessary to comply with applicable laws or legal processes (e.g., subpoenas, regulatory requests or investigations), or to protect the rights or property of JSB.

JSB may implement security features to prevent the unauthorized release of or access to personal information. Please note, however, that JSB cannot guarantee the confidentiality of any communication or material transmitted to/from JSB via the Site or e-mail. Accordingly, JSB is not responsible for the security of information transmitted via the Internet. For more private communication, users can contact JSB by telephone at the telephone numbers provided on the Site.

Where required under applicable data privacy rights, JSB will not send promotional materials unless you have opted-in to receive these communications. Users may at any time opt out of having their personal information used by JSB to send promotional correspondence to the user, by contacting JSB via telephone, email, or postal mail.

Upon request via postal mail, e-mail, or telephone, JSB will provide to users a summary of any personally identifiable information retained by JSB regarding the user. Users may modify, correct, change or update personally identifiable information that JSB has collected by the Site or may request that their personal record to be removed from JSB' database by contacting JSB via postal mail, e-mail, or the telephone number indicated in the section above.

JSB does not knowingly solicit information from children under the age of 16 and we do not knowingly market the Site or its services to children. No one under the age of 16 should submit any personal information to JSB and/or the Site.

Owing to the global nature of the Internet infrastructure, the information you provide may be transferred in transit to countries outside the European Economic Area (EEA) that do not have similar protections in place regarding your data and its use as set out in this policy. By submitting your information, you acknowledge these transfers. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

We welcome your views about our website and our privacy policy. Please don’t hesitate to contact JSB with any comments, suggestions or questions.

JSB reserves the right to contact users of the Site regarding changes to the Terms of Use generally, this Privacy Policy specifically, or any other policies or agreements relevant to website users.