Terms of Use
TERMS OF USE

 
LAST UPDATED: May 14, 2019

JHDCapital.com, Inc. and/or its affiliates (“JHD CAPITAL”) provide website features and other products and services to you when you visit or shop at JHDCapital.com or use JHD CAPITAL’s products or services. JHD CAPITAL provides these services subject to the following conditions.
By using JHDCapital.com, you agree to these conditions. Please read them carefully.
We offer a wide range of JHD CAPITAL services, and sometimes additional terms may apply. When you use a JHD CAPITAL Service you also will be subject to the guidelines, terms and agreements applicable to that JHD CAPITAL Service (“Service Terms”). If these Terms of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY
Please review our Privacy Policy, which also governs your use of JHD CAPITAL Services, to understand our practices.

ANTI-SPAM
Please review our Anti-Spam Policy, which also governs your use of JHD CAPITAL Services, to understand our practices.

ELECTRONIC COMMUNICATIONS
When you use any JHD CAPITAL Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on this site or through the other JHD CAPITAL Services, such as your Members Area. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT
All content included in or made available through any JHD CAPITAL Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of JHD CAPITAL or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any JHD CAPITAL Service is the exclusive property of JHD CAPITAL and protected by U.S. and international copyright laws.

TRADEMARK
JHD CAPITAL names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of JHD CAPITAL, Inc. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any JHD CAPITAL Service are trademarks or trade dress of JHD CAPITAL in the U.S. and other countries. JHD CAPITAL’s trademarks and trade dress may not be used in connection with any product or service that is not JHD CAPITAL’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits JHD CAPITAL. All other trademarks not owned by JHD CAPITAL that appear in any JHD CAPITAL Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by JHD CAPITAL.

LICENSE AND ACCESS
Subject to your compliance with these Terms of Use and your payment of any applicable fees, JHD CAPITAL or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of the JHD CAPITAL Services. This license does not include any resale or commercial use of any JHD CAPITAL Service, or its contents; any collection and use of any content, videos, text, documents, product listings, descriptions, or prices; any derivative use of any JHD CAPITAL Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use or any Service Terms are reserved and retained by JHD CAPITAL or its licensors, suppliers, publishers, rights holders, or other content providers. No JHD CAPITAL Service, nor any part of any JHD CAPITAL Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of JHD CAPITAL. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of JHD CAPITAL without express written consent. You may not use any meta tags or any other “hidden text” utilizing JHD CAPITAL’s name or trademarks without the express written consent of JHD CAPITAL. You may not misuse the JHD CAPITAL Services. You may use the JHD CAPITAL Services only as permitted by law. The licenses granted by JHD CAPITAL will terminate if you do not comply with these Terms of Use or any Service Terms.

YOUR ACCOUNT
If you use any JHD CAPITAL Service, 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 all activities that occur under your account or password. JHD CAPITAL does not sell products for minors, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the JHD CAPITAL Services only with involvement of a parent or guardian. JHD CAPITAL reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. JHD CAPITAL reserves the right (but not the obligation) to remove or edit such content.

If you do post content or submit material, and unless we indicate otherwise, you grant JHD CAPITAL a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant JHD CAPITAL and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify JHD CAPITAL for all claims resulting from content you supply. JHD CAPITAL has the right but not the obligation to monitor and edit or remove any activity or content. JHD CAPITAL takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS
JHD CAPITAL respects the intellectual property of others. We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), where applicable.

Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to JHD CAPITAL’s Designated Agent. If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on this Site, please notify us by contacting our Designated Agent. Even if you believe that the alleged infringing work was not posted by a third party, please send all notifications of claimed copyright infringement to JHD CAPITAL’s Designated Agent listed below.

To be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to JHD CAPITAL’s Designated Agent that includes the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit JHD CAPITAL to locate the material; Information reasonably sufficient to permit JHD CAPITAL to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 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.

JHD CAPITAL’s Designated Agent for notice of claims of copyright infringement can be reached as follows:
Attention Terms of Use Concerns
JHD Capital
45 E. City Ave Suite #447
Bala Cynwyd, PA 19004
Or email:
Questions@jhdcapital.com

This contact information is only for reporting claims of copyright infringement. Contact information for other matters is provided elsewhere on this Site.

Upon receipt of a valid notification of alleged copyright infringement by a third party, JHD CAPITAL shall remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to this material.

You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer or by JHD CAPITAL, if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

If a notice of copyright infringement has been filed against you, you may file a counter notification with the Designated Agent at the address listed above.

To be effective, a counter notification must be a written communication provided to the JHD CAPITAL’s Designated Agent that includes the following:

A physical or electronic signature;

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located and that you will accept service of process from the complainant who provided the original notification or an agent of such person or entity.

If JHD CAPITAL receives a valid counter notification, it shall provide the complainant with a copy of the counter notification, inform the complainant that it will replace the removed material or cease disabling access to it in 10 to 14 days from receipt of the counter notification, and replace the removed material or cease disabling access to it in 10 to 14 business days, provided that JHD CAPITAL has not received notice from the complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on JHD CAPITAL’s system.

You should be aware that the DMCA provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Claimants who make misrepresentations in their the counter notification statement may be liable for any damages, including costs and attorneys’ fees, incurred by any copyright owner or copyright owner’s authorized licensee, or by JHD CAPITAL, if injured by relying upon such misrepresentation in replacing the removed material or ceasing to disable access to it.

RISK OF LOSS FOR PHYSICAL PRODUCTS
All physical items purchased from JHD CAPITAL are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

OTHER BUSINESSES
Parties other than JHD CAPITAL operate businesses, stores, provide services, or sell product lines through the JHD CAPITAL Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. JHD CAPITAL does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other Terms of Use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
JHD CAPITAL makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, JHD CAPITAL disclaims all warranties, express or implied, including, but not limited to, implied warranties of performance or success. Without limiting the foregoing, JHD CAPITAL disclaims any and all warranties, express or implied, for any merchandise or services offered on this site. You acknowledge, by your use of JHD CAPITAL’s web site, that your use of the site is at your sole risk. This disclaimer does not apply to any product warranty offered by the manufacturer of the item.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

APPLICABLE LAW
By using any JHD CAPITAL Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Utah, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and JHD CAPITAL.
SITE POLICIES, MODIFICATION AND SEVERABILITY

We reserve the right to make changes to our site, policies, Service Terms, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
 
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