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COMPANY Web Site Terms and Conditions (“Terms”)
Please read the following Terms carefully before using JKP Holdings LLC’S (“COMPANY”, “our” or “we”) web site, www.jkpholdings.com, including but not limited to the portal.jkpholdings.com Web Site, as well as any online features, services and/or programs offered by COMPANY (collectively, the “Web Site”). By accessing or using the Web Site, you agree to the following Terms. You should review these Terms regularly as they may change at any time at the sole discretion of COMPANY. If you do not agree to any portion of these Terms, you should not access or otherwise use the Web Site. “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the Web Site.
We will make an effort to update this web page with any changes to these Terms and/or to the services described in these Terms and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appear at the end of these Terms).
Terms related to Online Account Access to your account(s) that you have with COMPANY (“Account”) is set forth in Paragraph 3 herein.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as THE WEB SITE IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN.
Subscriber shall not edit, alter, abridge or otherwise change in any manner the content of the Service, including, without limitation, all copyright and proprietary rights notices. Subscriber may not, and may not permit others to:
You agree that the Service and Feed specifications, including without limitation the editorial coding and metadata contained therein, are the property of COMPANY or COMPANY’S licensors. The works and databases included in the content of the Service are protected by applicable copyright laws. You agree that only Authorized Users shall be permitted access to the Service. Except as set forth herein, no clients or other persons or entities who are not legal employees of you or independent contractors consulting for you in the ordinary course of Subscriber’s business may be Authorized Users. You shall not reverse engineer, decompile or disassemble any part of the Service. You further agree that neither you nor any Authorized User shall store (except as permitted under Section 1(d)(ii) for retrieval and display purposes only), copy, reproduce, retransmit, disseminate, sublicense, sell, distribute, publish, broadcast, circulate, create derivative works (including, without limitation, trading algorithms), test algorithms in conjunction with, or distribute by any means the Service in whole or in part to anyone, including, but not limited to, other employees of you, without COMPANY’S express prior written consent; provided, however, that Authorized Users may on an occasional basis in the normal course of business include limited portions of the Service (a) in oral and (with proper attribution to the respective Service) non-electronic written communications with clients and other employees, and (b) in email and instant messaging communications with other employees and/or securities professionals. Without limiting the foregoing, under no circumstances shall distribution under this Section by you be permitted if such distribution may be viewed as a substitute for a subscription to the Service itself. You agree that when using the Service in this way, the facts, content and intent of the Service will not be changed in form or in spirit or otherwise in any way be prejudicial to the integrity of the Service or COMPANY.
Your Consent To This Agreement
By accessing and using the Web Site, you consent to and agree to be bound by the terms of the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on the web page so that you will always be able to understand the terms and conditions that apply to your use of the Web Site and/or the Online Service. Your use of the Web Site and/or the Online Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms.
If you have additional questions or comments of any kind, or if you see anything on the Web Site that you think is inappropriate, please let us know by email [email protected]] or by sending your comments to:
COMPANY
16 Harvard West Drive
Jackson, NJ 08527
Attn: David Putz
[email protected]
EFFECTIVE AS OF: February 9, 2020
LAST UPDATED: February 9, 2020
Privacy and Information Security Policy
JKP Solutions LLC (“Company”) is committed to safeguarding your online privacy with respect to the personally identifiable information that we may obtain from you at the https://jkpholdings.com and portal.Jkpholdings.com web site (the “Web Site”). Our Privacy and Information Security Policy (“Privacy Policy”) answers frequently asked questions about your online privacy, including what personally identifiable information we may obtain from you and how it will be used and protected. Company may from time to time change this Privacy Policy, so please check back periodically.
WHAT PERSONALLY IDENTIFIABLE INFORMATION DO WE OBTAIN FROM YOU? WHEN DO WE OBTAIN SUCH INFORMATION?
If, upon visiting our Web Site, your use is limited to browsing our informational content, we will not require that you provide us with any personally identifiable information. However, we may request personal information from you at other times. For example:
HOW DO WE PROTECT THE SECURITY AND QUALITY OF YOUR PERSONAL INFORMATION?
To protect the security and quality of your personal information, we have implemented technical and managerial procedures to maintain accurate, current and complete information as well as to protect your personal information against loss, misuse or alteration when it is under our control. Your personally identifiable information will be encrypted and stored on our secured servers. Your personal information is also password protected so that access is limited to yourself and those with whom you share your password, Company, as well as third party access facilitated by Company with your prior permission. We have also taken steps to help protect the integrity of your personal financial information when you complete a purchase transaction on our Web Site. As noted above, we use Stripe to facilitate confidential online business transactions. You can find more information about Stripe’s security at https://stripe.com/docs/security.
HOW DO WE USE YOUR INFORMATION?
Our primary use of your information is to administer, maintain and improve your experience on our Web Site generally as well as provide you with customized, personalization services and interactive communications.
CAN YOU “OPT-OUT” OF RECEIVING COMMUNICATIONS FROM COMPANY?
If you change your mind and decide that you no longer want to receive promotional e-mails and/or direct mailings, you may opt-out at any time by simply sending an e-mail request to [email protected]. Similarly, if you are not receiving our promotional e-mails and/or direct mailings and wish to receive these materials, you may opt-in at any time by simply sending an e-mail request to [email protected].
PRIVACY POLICIES OF COMPANY PARTNERS
Third parties that have links on our Web Site may collect personally identifiable information about you. We are not responsible for the privacy policies or practices of such sites and the practices of these sites are not governed by this Privacy Policy. If you have questions about the privacy policies or practices of a third party site, you should contact the site administrator or web-master of the specific site. We may from time to time partner with other companies to offer co-branded services as well as sweepstakes, contests and promotions. Any information that you provide in connection with the co-branded services or any jointly sponsored sweepstakes, contests or promotions will become the joint property of Company and its business partners. We will maintain your information in accordance with the terms of this Privacy Policy. However, this Privacy Policy does not govern the privacy policies and practices of our business partners. If you have questions about the privacy policies or practices of our business partners, you should contact them directly.
DO WE SELL OR RENT YOUR PERSONALLY IDENTIFIABLE INFORMATION?
No, as a general rule, we do not sell or rent your personally identifiable information to any one. If and whenever we intend to share your personally identifiable information with a third party (other than to a business partner as provided herein), you will be notified at the time of data collection or transfer, and you will have the option of not permitting the transfer. However, we may from time to time rent or sell demographic information in the aggregate that does not contain your personally identifiable information.
WITH WHOM DO WE SHARE INFORMATION?
We generally will not disclose any of your personally identifiable information except when we have your permission to do so or under some special circumstances described below.
HOW CAN YOU UPDATE, CORRECT OR DELETE YOUR PERSONALLY IDENTIFIABLE INFORMATION?
You may edit your personally identifiable information and your password at any time by sending an e-mail request to [email protected].
WHAT ARE COOKIES? HOW DO WE USE COOKIES?
Cookies enable us to customize and personalize your experience on our Web Site, including the products and promotions that are offered to you. Essentially, a cookie is a small amount of data that is sent to your browser from a web server and is stored on your computer’s hard drive. We use cookies for several purposes in connection with the operation of our Web Site
Business partners that offer co-branded services and jointly-sponsored sweepstakes, contests and promotions on our Web Site, may use their own cookies. We have no control over those cookies, nor does this Privacy Policy cover how your personal information contained in those cookies may be used or protected. If you have any questions about the cookies of such third parties, or about the use of your personal information by such third parties, you should contact the site administrator or web-master of the third party site.
DO YOU HAVE CHOICES ABOUT COOKIES?
Yes, you have several choices with respect to cookies. You can modify your browser preferences to accept all cookies, to notify you when a cookie is set, or to reject all cookies. However, our Web Site uses cookie-based authentication. Accordingly, if you choose to reject all cookies, you may not be able to log onto our Web Site and/or use our services or participate in our sweepstakes, contests or promotions.
WHAT ELSE SHOULD YOU KNOW ABOUT YOUR ONLINE PRIVACY?
It is important to remember that whenever you voluntarily disclose personal information on-line, your information can be collected and used by others. If you transmit or post personal information on-line that is accessible to others, you will not be able to control how that information is used by others. When we receive the transmitted information, we will use the procedures summarized in this Privacy Policy to ensure the integrity and security of that information in our systems. Unfortunately, notwithstanding any of the steps taken by us, it is not possible to guarantee the security and integrity of data transmitted over the Internet. Consequently, while we take the above-described reasonable steps to protect your personal information, we cannot and do not warrant the security or integrity of any information you transmit to us when registering for our Web Site or otherwise. All such transmission of information is at your own risk. Moreover, though we are committed to having our Web Site comply with this Privacy Policy, you are ultimately responsible for maintaining the secrecy of your password and your personally identifiable information. If you are careless with your password, or you decide to share your password with third parties, you must be aware of the risk that such third parties will have access to all your personally identifiable information.
CONTACT US.
If you have any questions or comments about this Privacy Statement or the practices of our Web Site, please feel free to e-mail us at [email protected] or visit our contact page.
JKP Holdings, LLC (referred to as “us” or “we”) will conduct individual Consultations for the Counselee (referred to as “you” and all variations thereof) to participate in, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us (or you or your company).
“Consultation” is defined as the sharing of JKP HOLDINGS, LLC’s, and its agents’, opinions and experience with the purchase of performing and non-performing mortgage notes, and its related matters, which is solely opinion for informational purposes only and is not intended to be investment advice. These opinions may include ‘forward-looking’ statements that involve uncertainties and risks. There can be no assurance that actual results will not differ from the experiences of JKP HOLDINGS, LLC. JKP HOLDINGS, LLC does not guarantee or warrant any specific results or outcome of any of its Consolations and the Consultations do not create, by implication or otherwise, any fiduciary duty to any Counselee, and no such duty will be deemed to have arisen in connection with any Consultation. Counselees shall responsible for seeking duly licensed professional for financial or investment advice and shall be responsible for making their own independent investigation and appraisal of the transactions contemplated hereby. The Consultation(s), and all their content, are governed by Sections 8 and 9, herein.
In addition, when using particular services or materials in conjunction with the Consultations, Counselees shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.
BY COMPLETING THE REGISTRATION PROCESS AND/OR ATTENDING A CONSULTATION, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE DO NOT REGISTER FOR OR ATTEND A CONSULTATION. YOUR REMEDY FOR DISSATISFACTION WITH A CONSULTATION, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE IN OR PRESENTED THROUGH THE CONSULTATION OR THIS SITE, IS TO STOP ATTENDANCE OF THE CONSULTATIONS. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR REGISTRATION FOR A CONSULTATION.
These Terms of Use are effective as of January 1, 2019. We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review our website, www.jkpholdings.com (hereinafter the “site”), and these Terms of Use periodically and to be aware of any modifications. Your continued attendance at a Consultation after such modifications will constitute your acknowledgment of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.
As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or participating in the Consultations and/or their contents.
The focus of the Consultations is to share with the Counselee, in a one-on-one setting, JKP HOLDINGS, LLC’s, and its agents’, knowledge, opinions and, experience regarding the purchase of performing and non-performing mortgage notes, and related matters. This is achieved by Consultations regarding the following:
Topics of the Consultations will concern, but not be limited to:
We reserve the sole right to either modify or discontinue the Consultations, including any information or materials therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee-based services, or changes to the format or schedule of the Consultations. Any new features that augment or enhance the Consultations shall also be subject to these Terms of Use.
The scheduling of the Consultations will be determined prior to purchase by the parties. Consultations shall be scheduled in fifteen (15) minute increments, which may be scheduled cumulatively in that amount desired by the Counselee.
If you cannot attend a scheduled Consultation, you will be given a credit to schedule another Consultation within two (2) weeks of the Consultation you could not attend at a mutually agreeable time, with such mutually agreeable time to be approved by both parties. If you fail to re-schedule, attend, or participate in a re-scheduled Consolation, your credit will expire, and you agree that we may retain the fees paid by you for the Consultation. No credit will be given for partial attendance at any Consultation as a result of your inability to fully attend the same.
You understand and agree that temporary interruptions in the accessibility of the Consultations may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of accessing and participating in the Consultations, and therefore, delays and disruption of other network transmissions are completely beyond our control. In the event of a technical error that results in the inability of JKP HOLDINGS, LLC’s participation in a Consultation, you will be given a credit subject to the terms of Section 3, herein.You are solely responsible for providing, at your own expense, all equipment necessary to virtually access the Consultations, including, but not limited to, a telephone, a computer, and your own internet access (including payment of telephone service fees associated with such access, as applicable).
In order to pay the fees charged to participate in the Consultations, you will be required download and create an account and password with PayPal (“PayPal”). A PayPal account can be obtained by visiting PayPal at https://www.paypal.com/us/webapps/mpp/account-selection and completing PayPal’s online registration form, which requests certain information and data (“Registration Data”) and maintaining and updating your Registration Data as required.
Any Registration Data provided by you to PayPal is subject to PayPal’s terms and conditions.We will not be provided, obtain, use, or disseminate any such Registration Data. We expressly disclaim any liability for PayPal’s use of any Registration Data you provide to them.
Fees for the Consultations shall be paid at the time of registration and exclusively via the PayPal link provided on our site. Payment via check may be made only with special approval by our staff. All fees must be paid in advance of attendance of any Consultation. The fee for each Consultation will be agreed to by the parties prior to the scheduling of the Consultation and the amount of the fee shall be demerited by JKP HOLDINGS, LLC based on the scope of the matters to be considered in the Consultation. You agree that you are responsible for the payment of fees of all Consultations scheduled, even if you do not attend a purchased Consultation.
Once a Consultation has been scheduled and paid for, no refund will be offered, and you agree specifically that any cancelled Consultations, whether due to you, JKP HOLDINGS, LLC, or technical issues, shall be rescheduled as governed by Section 3 herein.
If, for any reason, your PayPal account, or any other method of payment, refuses or fails to pay the amount billed for the Consultation(s), you agree that we may, at our option, suspend or cancel any further scheduled Consultation(s) and require you to pay the overdue amount by other means acceptable to us. In this event, we may charge a fee for rescheduling of suspended or canceled Consultations.
In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees, costs, and other legal expenses.
During the course of the Consultations, you may be directed to link to other sites on the Internet or otherwise the Consolations may include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, Consultations with us, or any warranty of any kind, either express or implied.
Copyright (c) 2019 JKP Holdings, LLC All Rights Reserved.
For purposes of these Terms of Use, “Content” is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be accessed or viewed by Consultees in connection with the Consultations. This includes, but is in no way limited to, message boards, chat, video conferences, YouTube videos, Webinars, and other original content.
By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site or in connection with the Consultation(s) is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of JKP Holdings, LLC and/or its Affiliates. You are only permitted to use the content presented to you in the Consultations as expressly authorized by us or the specific content provider. You may not copy, record, reproduce, modify, republish, upload, post, transmit, or distribute any documents, videos, or information from the Consultation(s) in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is made available in the Consultation(s). Any unauthorized use of the materials made available in the Consultation(s) may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
Neither we or our Affiliates warrant or represent that your use of materials provided by, or obtained through, the Consultation(s) will not infringe the rights of third parties. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content within the Consultation(s) infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
The following are registered trademarks, trademarks or service marks of JKP Holdings, LLC or its Affiliates: All custom graphics, icons, logos, and service names are registered trademarks, trademarks, or service marks of JKP Holdings, LLC or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of JKP Holdings, LLC or its Affiliates.
Subject to our Privacy Policy, any communication, information, or material that you transmit while participating in the Consultation(s), or to us, whether by electronic mail, video conference, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any participant in the Consultation(s) believe its copyright, trademark, or other property rights have been infringed by use in the Consultation(s), you or the participant should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of Attendees about whom repeat claims of copyright infringement are received will be terminated.Designated Agent for Claimed Infringement:
David PutzManaging MemberJKP Holdings LLC[email protected](732) 508-0630
RE: CONSULTATION
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from any Consultation content without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
ALL INFORMATION AND MATERIALS PRESENTED IN THE CONSULTATION(S) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (a) THE INFORMATION AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE INFORMATION AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE INFORMATION OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE CONSULTATION(S) COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE INFORMATION AND MATERIALS PRESENTED IN THE CONSULTATION(S), INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED THEREIN, AT ANY TIME WITHOUT NOTICE. THE INFORMATION AND MATERIALS PRESENTED IN THE CONSULTATION(S) MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH INFORMATION OR MATERIALS.THE USE OF THE INFORMATION PROVIDED IN THE CONSULTATION(S) OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR APPLICATIONS TO ACCESS THE CONSULTATION(S) IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, REGISTRATION DATA DISSEMINATION, OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized JKP Holdings, LLC spokesperson speaking in his/her official capacity.
Under no circumstances will JKP Holdings, LLC or its Affiliates be liable for any loss or damages caused by your reliance on information or advice obtained through participation in the Consultation(s). In particular, you are urged to consult an appropriate professional licensed in your jurisdiction before using or otherwise relying on any legal, accounting, or other professional advice or information obtained through any Consultation.
Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Use and your participation in the Consultation(s) shall be limited to the amount you paid us for the Consultation(s) during the twelve (12) month period before the act giving rise to the liability.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION AND MATERIALS PRESENTED WITHIN THE CONSULTATION(S), THE USE OF OUR SITE, OR OF ANY WEB SITE REFERENCED OR LINKED TO THE CONSULTATION(S).
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the information presented in, or your participation in, the Consultation(s). We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
You are solely responsible for maintaining the confidentiality of your passwords and accounts with PayPal and for any and all statements made and acts or omissions that occur through the use of your passwords and accounts, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your passwords and accounts. Our personnel will never ask you for your passwords.
Although the Consultation(s) may be accessible worldwide, we make no representation that the information and materials presented in the Consultation(s) are appropriate or available for use in locations outside the United States and accessing and participating in them from territories where their contents are illegal is prohibited. Those who choose to access and participate in the Consultation(s) from other locations do so on their own initiative and are responsible for compliance with local laws.
You agree that we may, in our sole discretion, terminate, or suspend your participation in any, all, or part of the Consultation(s) with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
The Consultations (excluding any linked sites) are hosted by us from our offices within the State of New Jersey, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of New Jersey, by participating in the Consultation(s), both of us agree that the statutes and laws of the State of New Jersey, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the Consultation(s). Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the courts of New Jersey, United States of America, with respect to such matters.
All notices to us shall be in writing and shall be made via e-mail. Notices to us must be sent to the attention of David Putz, Managing Member, JKP Holdings, LLC at [email protected]. Notices to you may be sent either to the e-mail address supplied for your account or to the physical address supplied to us by you.
Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally or by service to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five business days after the mailing date, if sent by US mail, return receipt requested; (d) on the sent date if transmitted by confirmed facsimile; or (e) on the sent date if transmitted by e-mail.
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything presented in or associated with the Consultation(s) is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.
In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees and costs. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms of Use to any other party, and any purported attempt to do so shall be null and void. We are free assign our rights and obligations under these Terms of Use.
You agree not to sell, resell, reproduce, record, duplicate, copy, or use for any commercial purposes any portion of the Consultation(s), or use of or access to the Consultation(s).
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of information and materials presented in the Consultation(s) arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, internet outages, denial of service attacks, viruses, malware, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.
Except as explicitly noted on our site, the information and materials presented in the Consultation(s) are offered by JKP Holdings, LLC, a New Jersey limited liability company, located in Jackson, New Jersey. Our telephone number is (732) 508-0630. For general information, issues, questions, or concerns, please contact [email protected]. If you notice that any Attendee is violating these Terms of Use, please contact David Putz, Managing Member, at [email protected].
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