TERMS OF USE

Terms of Use2016-11-19T11:05:33+00:00

Terms & Conditions Governing Your Use of This Website

Last Updated – September 16, 2016

WELCOME TO OUR WEBSITE.  PLEASE READ THIS TERMS & CONDITIONS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. BY USING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT.

  1. JH Capital Group  provides this website and website-related services, if any, (collectively, the “Site”) subject to your compliance with the terms and conditions set forth in this agreement (the “Agreement”). This Agreement governs the relationship between us and you, the Site visitor, with respect to your use of the Site. It is important that you read carefully and understand the terms and conditions of this Agreement. If you do not agree to these terms and conditions, you must not use the Site. As used in these Terms & Conditions, “JH Capital Group”, “us” or “we” refers to JH Portfolio Debt Equities, LLC and its subsidiaries and affiliates.
  1. Modifications. This Agreement may be modified at any time by JH Capital Group upon posting of the modified Agreement. Any such modifications shall be effective immediately. You will be able to determine if this Agreement has been changed since your previous visit by viewing the “Last Updated” information that appears at the top of this Agreement. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement. Further, we reserve the right, at any time, to modify or discontinue, temporarily or permanently, the Site (or any part thereof) without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, discontinuance of the Site or of any Materials (as defined below).
  1. Materials. We make available the information and materials on the Site (the “Materials”) for general informational purposes only. Further, the Materials are general in nature and may not apply to particular factual or legal circumstances. In addition, unsolicited emails and information sent to us do not create a relationship with us, will not be considered confidential and may be disclosed to others pursuant to our Privacy Policy.
  1. Rules of Conduct. You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Site and/or any Materials. In addition, your use of the Site is conditioned on your compliance with the following rules of conduct. You agree not to:
  • Use the Site for any fraudulent or unlawful purpose.
  • Impersonate any person or entity, including, but not limited to, any Site employee, agent or representative; falsely state or otherwise misrepresent your identity or your affiliation with any person or entity; or express or imply that we endorse any statement you make.
  • Interfere with or disrupt the operation of the Site.
  • Transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse or other harmful code.
  • Restrict or inhibit any other person from using the Site, including by means of hacking or defacing any portion of the Site.
  • Interfere with or violate any other Site visitor’s or user’s right to privacy or other rights, or harvest or collect personally identifiable information about Site visitors or users, or about our attorneys, other employees and representatives identified on the Site, without their express consent.
  • Sell, resell, transfer, license or exploit, for any commercial purposes, any use of or access to the Site or the Materials.
  • Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site or Materials.
  • Frame or mirror all or any part of the Site without our prior express written authorization.
  1. Ownership & Proprietary Rights. You acknowledge and agree that the Site and the Materials are, and shall remain, the property of JH Capital Group and/or its licensors and are protected by copyright, trademark and/or other proprietary rights and laws. Except as expressly authorized in advance by us, you agree not to copy, distribute, transmit, display, perform or create derivative works of the Site or any of the Materials, provided that, subject to your compliance with this Agreement, we do grant to you a limited, personal, revocable, non-transferable and non-sub licensable license to (a) access the Site and the Materials via the Internet solely for purposes of viewing such materials and (b) to print out pages of the Site for your personal, non-commercial use. All content included in or made available through this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of JH Capital Group, affiliates or its licensors and protected by United States and international copyright laws. The trade names, trademarks and service marks owned by JH Capital Group or its affiliates, whether registered or unregistered, may not be used in connection with any product or service that is not either ours or one of our affiliate’s product or service or in any other manner that is likely to cause confusion or dilution. Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any right or license to use any of JH Capital Group’s (or its affiliates’) trade names, trademarks or service marks without our (or the relevant affiliate’s) prior express written permission.
  1. Indemnification. You agree to indemnify, defend and hold JH Capital Group and our partners, subsidiaries, employees, agents and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.

THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. JH CAPITAL GROUP DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

  1. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL
    [name of website operator] BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you

  1. Use of Applicable Law. You agree that the laws of the state of California without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and JH Capital Group or its affiliates. Information.
  1. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
  1. The failure of JH Capital Group to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by JH Capital Group must be in writing and signed by an authorized representative of JH Capital Group.
  1. JH Capital Group may terminate this Agreement at any time, with or without notice, for any reason.
  1. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such.  Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
  1. Entire Agreement. This Terms of Use constitutes the entire agreement between you and JH Capital Group and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and JH Capital Group with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website.
  1. Contact Information. If you have any questions about this Agreement, please contact us at the following address: 5757 Phantom Drive, Suite 225 Hazelwood, MO 63042.