APPLICABLE TO JCB Capital Performance, Web site & Services
USERS GENERAL PROVISIONS
By entering our site you acknowledge your full compliance with all Federal and State laws - including COPYRIGHT, TRADEMARK and PATENT protection laws. You also acknowledge our entire USERS GENERAL PROVISIONS any misuse of our copyrighted content, etc. with be prosecuted to the full extent of the law.
We hereby grant to you and you accept
access to JCB Capital Performance, Web site & Services.
We provide to users services to facilitate greater understanding
and application of products and services used in financial
planning, risk management and portfolio management
The term of this Acknowledgement will begin with: any use of, communication with, and/or any and all services provided by JCB Capital Performance, Web site & Services. This Acknowledgment will remain valid so long as you have any association with JCB Capital Performance, Web site & Services.
U.S. Federal and State laws and regulations change constantly, which causes changes in insurance, tax, retirement,
asset and estate web site content and services. We maintain the right to
revise or discontinue any facet of our service. This includes, but
is not limited to, the content on our web site and our services,
hours of operation, functionality, and pricing for our services.
We reserve the right to change the terms of this Agreement, as we
feel necessary. Any use of our service by you after notification
serves as acceptance of our Agreement changes.
We reserve the right to refuse service to
any applicant. Our responsibility is limited to your fees paid and your
full and correct disclosure of information fully and accurately
provided by you, and is contingent upon this agreement including our
Cancellation policy. You agree to pay in full all fees for
services provided by JCB Capital Performance. You shall not
attempt to access any of our service systems or programs that are
not made available for public use. Attempts to compromise our
security measures or misuse of our service are a
Operation / Site Security.
site's features have been thoughtfully designed to protect your
information and to safeguard our servers and contents from
unauthorized access. Because we value all of your personal account
and other information, our continuous commitment is to make
certain that your Internet access to our site will always remain
safe and secure.
Secure Sockets Layer / Encryption
- We use
a secure transmission protocol called SSL Release 3.0 on our web
server to provide server authentication and data encryption.
Our web server secures the Internet's HTTP session by encrypting
the flow of information between your browser and our web server.
During transmission, a secret encryption code is used to scramble
your account and other content information into a numeric format.
This encrypted information is unscrambled by a decryption code
when it reaches its end point. A key, modified on a regular basis
and only know by us, is required to decode the information.
Currently, 128-bit encryption is the strongest encryption
available and provides the greatest protection when passing
financial or personal information over the internet. However, our
web server's settings will also honor requests from browsers that
are not enabled for 128-bit encryption.
Copyright, Trademark, Patent, Cancellation policy and Legal Disclaimer
provisions applicable JCB Capital Performance, Web site &
Services (World Wide Web sites) apply to access and use of
JCB Capital Performance.
This Agreement may be terminated by
JCB Capital Performance or you at any time, which
termination shall be effective upon notification of termination.
Upon notification of termination all fees owed to JCB Capital
Performance must be paid in full. The content on our web site
and the services we provide are the exclusive property of JCB
Capital Performance. Billing: JCB Capital
Performance uses Paypal and/or other forms of payment for credit card transactions.
Permissible Use: Users of JCB Capital Performance, Web
site & Services shall comply with all applicable federal,
state and other laws, rules and regulations. You will not
intentionally cause any damage to or delay or interrupt the
operation of the JCB Capital Performance, Web site and/or
Services. Upon any termination you may no longer be permitted
to use any of our services and all services granted hereunder will
terminate. You are responsible for the access of, and maintenance
of all equipment used in conjunction with our service. This
includes all computers, software, and any communication equipment
used for our service. You agree that you will not assign,
sublicense, transfer, pledge, lease, rent, or share your rights
under this Agreement. The service is provided hereunder solely for
your personal use. The service may be used only for its intended
purpose, and may not be used to advise others in a consulting role
("Professional Basis"). We have no responsibility or liability for
damages or claims relating to any use of the service on a
Professional/Non-Professional Basis by those non-affliated with JCB Capital Performance.
collect nonpublic personal information that you provide, such as
your name, address and various inputs as needed in our
applications. Once you have accepted this agreement, we will use
the information to review the application, and quantify any
necessary fees and provide you with information via e-mail, phone
or in person about your application, our services, status and
other issues that directly affect the products and services you
have purchased. We may also use your e-mail address to inform you
of deadlines, changes, opportunities, risks and/or products and
services that may affect your financial position. Privacy
Policy: We do not share or sell any information provided by
you with any third party. JCB Capital Performance is
committed to protecting your privacy. We place a high priority on
maintaining the confidentiality and security of the personal and
account information that you share with us in the normal course of
disclosure, and safeguarding of your nonpublic personal
information. Information Collection: The information we
collect is limited to that which is required to provide you with
customized financial services and products. This includes personal
and financial information that we receive directly from you
electronically, in writing, by phone, or any other means.
Disclosure of Information: We do not disclose nonpublic
information about you to anyone, except as directed by you, as
necessary to service your account or process a transaction, or as
otherwise permitted by law. Your customer information is never
sold to anyone. Information may be shared within JCB Capital
Performance in the course of your choosing certain products
and services that meet your specific needs. We may also share
information, as a normal part of business operations, with
companies that perform billing services for JCB Capital
Performance. In all such instances, your information is
strictly protected and is used only for its intended purpose.
Additionally, we may provide information about you to third
parties, such as in response to a subpoena or to comply with an
inquiry by a governmental agency, regulator, or law enforcement
authority. Protection of Information: We maintain physical,
electronic, and procedural safeguards that comply with federal
standards to protect your personal information from unauthorized
access or use. We restrict access to your personal and account
information to those employees who need to know that information
in order to provide products and services and to you. All
employees are required to protect and maintain the confidentiality
of your information in accordance with our policies and
procedures. Additional Information: If you decide to close
your account(s) with us or become an inactive customer, we will
continue to adhere to the privacy policies and practices described
in this notice.
All notices provided under this
Agreement shall be provided by e-mail.
The terms and conditions of any agreements involving JCB
Capital Performance that are entered into by individuals,
organizations, their users or their representatives apply to the use
of JCB Capital Performance, its Web site & its Services as well
as: James C. Brandon, all of JCB Capital Performance's owners,
partners, employees and any and all business partners for the
services rendered hereunder.
Limitation of Liability. EXCEPT AS OTHERWISE EXPRESSLY
PROVIDED FOR HEREIN, JCB Capital Performance EXPRESSLY
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. JCB
Capital Performance SHALL NOT BE LIABLE FOR ANY DAMAGES CLAIMED
BY USER AND/OR A THIRD PARTY, INCLUDING BUT NOT LIMITED TO, DIRECT,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE
OF JCB Capital Performance, Web site & Services, EVEN IF
THE DAMAGES ARISE FROM MALFUNCTION OF JCB Capital Performance,
Web site & Services, BECAUSE OF THE POSSIBILITY OF HUMAN AND
MECHANICAL ERROR AS WELL AS OTHER FACTORS, JCB Capital
Performance IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS OR
DAMAGES ARISING FROM THE USE OF JCB Capital Performance, Web site
& Services, EVEN IF THE DAMAGES ARISE FROM A FUNCTION OF
JCB Capital Performance, Web site & Services, UNLESS DUE
TO WILLFUL TORTIOUS MISCONDUCT OR GROSS NEGLIGENCE, JCB Capital
Performance HAS NO LIABILITY IN TORT, CONTRACT OR OTHERWISE (AND
AS PERMITTED BY LAW, PRODUCT LIABILITY), TO USER AND/OR ANY THIRD
PARTY. JCB Capital Performance SHALL UNDER NO CIRCUMSTANCES
BE LIABLE TO USER, AND/OR ANY THIRD PARTY FOR LOST PROFITS OR LOST
OPPORTUNITY, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR
PUNITIVE DAMAGES WHATSOEVER, EVEN IF JCB Capital Performance
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. JCB Capital
Performance's SOLE LIABILITY FOR DAMAGES CLAIMED BY USER OR
PARTICIPANT ARISING FROM THE USE OF THE JCB Capital Performance,
Web site & Services ARE LIMITED TO THE REFUND OF FEES PAID
BY PARTICIPANT. SOME U.S. STATES PROVIDE RIGHTS IN ADDITION TO THOSE
ABOVE OR DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED
WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
THEREFORE, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR THERE MAY
BE STATE PROVISIONS WHICH SUPERSEDE THE ABOVE.
Disputes. Any and all legal disputes will be settled
by binding arbitration in Contra Costa County, CA pursuant to the
JAMS Arbitration Administration Policies.
Severability. Any clause of this Agreement declared
invalid shall be deemed severable and not affect the validity or
enforceability of the remainder. The terms of the Agreement may only
be amended in writing signed by James C. Brandon and are
governed by Federal laws and the laws of the State of
We reserve the right to periodically change the privacy
policy. Such changes will be placed on our web site, and you agree
to assume responsibility to review any and all privacy notices
1839 Ygnacio Valley Rd
Walnut Creek, CA 94598