Website Terms and Conditions
JP Capital LLC
Terms of Use
Last Updated 8/28 2022
We are pleased that you have elected to visit and
use this website, www.jpcapital.info (the “Website” or the “Site”), operated
by, or on behalf of JP Capital LLC (“JP CAPITAL” or the “Company”).
JP CAPITAL is a market-leading, independent research firm. We are experts in
U.S. macro and crypto market strategy and have leveraged those fundamental
insights to become leading pioneers of digital assets and blockchain research.
We serve a broad array of clients around the world, including internationally
recognized multitrillion dollar asset managers, hedge funds and private banks,
representing some 80% of globally managed equity assets.
The Website offers individual investors the opportunity to subscribe to weekly
newsletters and research packages which provide data and information to help
subscribers understand and formulate investment strategies (the “Subscription
Packages”). The Website also offers its registered members market information
and related news on the Website (collectively, information offered on the Site
and Subscription Packages are “Services”).
Please read these Terms of Use (“Terms of Use”) carefully and ensure you
understand them. These Terms of Use, including all documents referenced herein,
represent the entire understanding and agreement between JP CAPITAL and you
regarding your use of this Website and supersede any prior statements or
representations. This Website’s Privacy Policy is incorporated into these Terms
of Use by reference and is made a part hereof. You are not authorized to use
the Website if you do not agree to all or any of these Terms and Conditions.
Changes
to the Terms of Use
From time to time, these Terms of Use may change. JP
CAPITAL reserves the right to modify these Terms of Use without prior
individual notice. We will post changes to the Terms of Use on this Website and
changes will become effective once posted. Your continued access to or use of
the Website will be deemed as acceptance by you of the then-current Terms of
Use. Please review these Terms of Use often so that you will remain abreast of
our current policies.
You can tell when the Terms of Use were last modified by checking the “last
updated” date that appears at the top.
Use
of this Website
This Website is controlled and operated by JP
CAPITAL from its office in the United Arab Emirates UAE, and
is intended for use solely within the United States, and its territories and
possessions. You must be 18 years of age to use this Site. JP CAPITAL makes no
representation that this Website, or the materials contained hereon, are
appropriate for users located in other countries. Those who choose to access
this Site from other countries do so on their own initiative and are responsible
for compliance with all laws in that country, if and to the extent that such
laws are applicable.
Access to, distribution and/or use of this Website is subject to all applicable
laws and regulations. To the extent that access to, distribution and/or use of
this Website would be deemed illegal by applicable law, such access,
distribution and/or use is prohibited. Each time you visit any area on the
Website and/or register for any interactive functionality of the Website, you
are deemed to have confirmed your acceptance to these Terms of Use and the
Website’s Privacy Policy. If you do not agree to abide by these Terms of Use
and the Privacy Policy, please do not use this Website.
By participating in the activities offered on this Site, you affirm, represent
and warrant that: (a) you are 18 years of age or older and reside in the United
States; (b) all information you submit via the Site shall be truthful and
accurate (and you will maintain the accuracy of such information); (c) you will
abide by these Terms of Use; and (d) your use of the Website shall not
otherwise violate any applicable law, rule or regulation.
JP CAPITAL may terminate your right to access and/or use this Website at any
time.
Use
of Materials
Materials on this Website, including but not
limited to sound recordings, images, reports, trademarks, compilations, and
graphics (collectively referred to as the “Materials”), are protected under
various intellectual property laws and owned or controlled by JP CAPITAL, or
used with permission of the owner(s) of such Materials. The display of
Materials at this Website does not imply that a license of any kind has been
granted to you.
JP CAPITAL hereby grants you permission to use the Website and the Materials as
set forth in these Terms of Use, provided that:
- your
use of the Website and Materials as permitted is solely for your personal,
noncommercial use;
- your
use of the Website and Materials as permitted is solely for your personal,
noncommercial use;
- you
will otherwise comply with these Terms of Use and applicable laws.
In order to access some features of the Website and subscribe
to the services and products offered by JP CAPITAL through the Website, you may
have to create an account. When creating an account, you must provide your
accurate and complete information and you may not use a fake identity or any
other individual’s identity.
Except as otherwise indicated on this Website, copying, reproducing, uploading,
downloading, transmitting or any other use of this Website or of any of the
Material, in whole or part, without the express permission of JP CAPITAL, is
prohibited. You may download digital files where expressly permitted. Any
unauthorized access to, use or copying of this Website and/or the Materials may
subject you to liability under applicable law, and may result in legal action.
Privacy
Please see JP CAPITAL’s
Privacy Policy for information concerning the
collection and use of Personal Information from this Website.
Availability
of Product Offerings
Not all of the product
offerings and/or services referenced on this Website may be available to all
individuals accessing this Website. Certain product offerings may not be
available in all areas of the United States, and certain individuals may not be
eligible for all of the product offerings referenced
on this Site. Subject to applicable law, JP CAPITAL retains the right to
determine each individual’s eligibility for such
products
Financial
Disclosures
JP CAPITAL is an independent research company and
is not a registered investment advisor and is not acting as a broker dealer
under any federal or state securities laws. The research provided in the
Subscription Packages and/or on the Website is for the clients of JP CAPITAL
only. Information has been obtained from sources believed to be reliable but JP CAPITAL does not want warrant its
completeness or accuracy. All pricing is as of the market close for the
securities discussed, unless otherwise stated. Opinions and estimates
constitute our judgment as of the date of this material and are subject to
change without notice. Past performance is not indicative of future results.
This material is not intended as an offer or solicitation for the purchase or
sale of any financial instrument. The opinions and recommendations herein do
not take into account individual client circumstances,
risk tolerance, objectives, or needs and are not intended as recommendations of
particular securities, financial instruments or strategies. The recipient of
any JP CAPITAL generated research and/or report must make his/her own
independent decision regarding any securities or financial instruments
mentioned herein. Except in circumstances where JP CAPITAL expressly agrees
otherwise in writing, JP CAPITAL is not acting as a municipal advisor and the
opinions or views contained herein are not intended to be, and do not
constitute, advice, including within the meaning of Section 15B of the
Securities Act of 1934.
Links
The JP CAPITAL Website may contain links to other
websites and to social media features (collectively, “other sites”) that are
not controlled and/or maintained by JP CAPITAL. Access to and use of such other
websites is at your own risk and subject to any Terms of Use and Privacy Policies
which govern other sites. By providing such links, JP CAPITAL shall not be
deemed to endorse, recommend, approve, guarantee or
introduce any third parties or their services or products, or any facts, views,
advice, information, promotions and/or products found on other sites. JP
CAPITAL is not responsible for the content contained on other sites, or for the
failure of any product or service offered for sale or advertised on any other
sites or for any damages that may result therefrom. Copyrights in the materials
or information on the linked other sites are owned and/or controlled by other
organizations. Moreover, such other sites may have privacy policies or terms of
use that differ from those of the JP CAPITAL Website and/or may provide their
users with less security than the JP CAPITAL Website. Accordingly, you should
review the privacy policies and terms of use on such other sites before using
them.
Account
Registration and Password Responsibility
In order to access and subscribe to and/or purchase the
product and service offerings on this Website, you will be required to register
and to create an account and a password. As part of the process for creating
such an account and password, you will be asked to confirm that you have read,
consent to, and agree to be bound by the Terms and Conditions of use of this
Website (including but not limited to its Privacy
Policy).
If you are asked to choose a password, you will be responsible for maintaining
the confidentiality of your password. You agree not to (i)
use the account, username or password of any other
user of the Site at any time, (ii) share your account, or (iii) disclose your
password to any third party. You agree to notify JP CAPITAL immediately if you
suspect any unauthorized access to or use of your account or password. You are
solely responsible for any and all use of your account
and password.
Non-Commercial
Use
You may not use the Website
or any Materials provided herein in connection with any commercial endeavors
except those that are specifically endorsed or approved of by JP CAPITAL’s
management.
Additional/Different
Terms
Certain pages or sections of this Website may
contain Terms of Use of use which are in addition to or different from these
Terms of Use. In the event that there is a conflict
between such additional or different Terms of Use and these Terms of Use, the
additional or different Terms of Use of use will govern with respect to the
specific pages or sections to which they apply.
No
Specific Advice Is Provided by this Website
This Website is for general informational purposes,
and is not intended to provide specific legal, accounting, tax, investment or other professional advice to any specific
user. You should consult with appropriate legal advisors or other professionals
with respect to your investment, retirement, and/or related financial
decisions.
Subscriptions
JP CAPITAL currently offers two free subscription
packages to choose from: the “JP CAPITAL Newsletter” package and the “JP
CAPITAL Update” package. Investors subscribe on an ongoing basis. Subscribers
to both options may need to select the unsubscribe option at the bottom of an
email from each list in order to be removed entirely
from our distribution lists. Cancellations of all subscriptions can be made by selecting
this link to send an email to Update@jpcapital.info.
JP CAPITAL may unilaterally terminate a subscription for reasons unrelated to
any improper conduct by subscriber, including but not limited to breach of
these Terms of Use.
Cancelation
of Account/Subscription
JP CAPITAL may terminate or suspend your Account,
your Subscription Package and/or your access to the Services at any time, for
any reason, and without advance notice. If we do so, it’s important to
understand that you don’t have a contractual or legal right to continue to use
our Services. JP CAPITAL may refuse service to anyone, at any time, for any
reason. If we terminate or suspend your Account or refuse service for any
improper conduct, which shall be determined in JP CAPITAL’s sole and subjective
discretion, you will not be entitled to any refund of your monthly or annual
subscription payment.
Limitation
of Liability and Use Disclaimer
JP CAPITAL endeavors to make sure that all
information and data it originates on the Website is accurate. However, JP
CAPITAL is not responsible for any damages or loss related to the use of this
Website or the products and/or services provided through the Website.
THIS WEBSITE, ALL MATERIAL CONTAINED ON THIS WEBSITE, AND ALL LINKS OR OTHER
ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND TO THE
FULLEST EXTENT PERMITTED AT LAW WITHOUT GUARANTEES, REPRESENTATIONS, WARRANTIES
AND/OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED (BY STATUTE OR
OTHERWISE), INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE AND/OR ITS FEATURES
AND FUNCTIONS WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO
GUARANTEES, REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS REGARDING TITLE,
SECURITY, ACCURACY, ACCEPTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OR USE WITH RESPECT TO THE WEBSITE OR THE MATERIALS
CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN OR ON THIS WEBSITE IS
SUBJECT TO AMENDMENT, REVISION OR UPDATING. JP CAPITAL RESERVES THE RIGHT TO
SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS WEBSITE WITHOUT NOTICE AT ANY
TIME AND TO THE FULLEST EXTENT PERMITTED AT LAW, ACCEPTS NO RESPONSIBILITY FOR
THESE PAGES NOT BEING AVAILABLE AT ALL TIMES.
UNLESS PROHIBITED BY LAW, NEITHER JP CAPITAL (INCLUDING ITS OFFICERS,
DIRECTORS, AGENTS AND EMPLOYEES), NOR ANY PARTY INVOLVED IN CREATING, PRODUCING
OR DELIVERING THIS SITE, SHALL BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY
WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, EXEMPLARY,
INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL AND/OR ANY OTHER DAMAGES
THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS WEBSITE OR FROM
ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER
FAILURE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY
TO YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, JP CAPITAL MAKES NO GUARANTEES,
WARRANTIES,REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY OR SUITABILITY FOR
ANY PURPOSE OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS
SITE AND TO THE FULLEST EXTENT PERMITTED BY LAW ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL
INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO,
REPRODUCTION, DISTRIBUTION AND/OR USE OF THIS WEBSITE, (III) ANY UNAUTHORIZED
ACCESS TO, REPRODUCTION, DISTRIBUTION OR USE OF JP CAPITAL’S SECURE SERVER
AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON,
(IV) ANY INTERRUPTION OF OR CESSATION OF THE SITE, (V) ANY BUGS, VIRUSES,
TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE SITE AND/OR BY ANY THIRD
PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF
TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY
CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH
THE WEBSITE.
JP CAPITAL is not responsible for any damages or loss related to your reliance
on any outdated version of these Terms of Use, including, but not limited, to
any outdated version of our Privacy
Policy.
Your
Responsibilities
You are responsible for undertaking suitable
precautions to scan for computer viruses and maintaining a backup of all data
and/or equipment.
By having clicked your acceptance of these Terms of Use and/or using this
Website, you agree that you will be responsible for maintaining the
confidentiality of your password and account information, and that you will
restrict access to your computer to avoid disclosure of such. You further agree
that you will be responsible for all activity taken under your password and/or
account.
Indemnity
Unless prohibited by law, you will indemnify JP
CAPITAL, and each of its parent, subsidiary and affiliated entities, furnishing
entities, officers, directors, members, employees, representatives, licensees,
agents, successors, assignees and partners, from and against any and all
claims, demands, losses, liabilities, damages, costs and expenses (including
but not limited to attorneys’ fees) suffered, incurred or brought against any
one or more of them by a third party relating to, or arising from or in
connection with: (i) your breach or alleged breach of
any of your representations and/or warranties set forth in these Terms of Use;
(ii) your use of the Website; and/or (iii) any violation of these Terms of Use.
You agree that your representations and warranties, and your obligation to
indemnify JP CAPITAL, shall survive beyond any term for which these Terms of
Use are in effect.
Electronic
Communications
When you communicate with JP CAPITAL
electronically, via email or otherwise, you consent to receive electronic
communications from JP CAPITAL. You may opt
out of receiving electronic communications from JP CAPITAL at any time. You agree that all communications (including, but
not limited to all notices, agreements and
disclosures) provided to you electronically by JP CAPITAL satisfy any legal
requirement that such communication be in writing. JP CAPITAL encourages you to
retain your own copies of relevant information, however, upon your written
request, JP CAPITAL will provide you with a copy of the information you
provided to JP CAPITAL when creating your account. To make such a request
please contact Update@JPCAPITAL.info.
With respect to all communications you make to or through the Website,
including but not limited to feedback, questions, comments, suggestions and the
like: (i) you shall have no right to confidentiality
in your communications and JP CAPITAL shall have no obligation to protect your
communications from disclosure; (ii) JP CAPITAL shall be free to reproduce,
use, publish, display, disclose and distribute your communications to others
without limitation ; and (iii) JP CAPITAL shall be free to use any ideas,
concepts, know-how, information, data content or techniques contained in your
communications for any purpose whatsoever, including but not limited to the
development, production and marketing of products and services that incorporate
such information.
Acquisition
of Business
In the event that JP CAPITAL and/or any of its
affiliated entities is involved in a merger, acquisition, consolidation,
restructuring, reorganization, liquidation, sale or similar transaction
relating to any portion of its business and/or assets, you hereby acknowledge
and agree that this Website, all data collected on this Website, and all rights
of JP CAPITAL and its affiliated entities hereunder may be included in the
assets of, and/or transferred pursuant to, such transaction. If that occurs, JP
CAPITAL will post a notice to such effect on this Website.
Contact
Us
If you have any questions concerning this Website
or any of the policies set forth in these Terms of Use, please contact us at:
JP CAPITAL LLC
Sharjah Media City, UAE
Email: Update@JPCAPITAL.info
Copyright
Infringement – Notice and Take-Down Policy
JP CAPITAL values intellectual property and
respects the intellectual property rights of others, and
will remove materials on its Website that infringe the copyrights of others. If
you believe that your copyrighted material has been infringed by material
contained on this Website, you should provide the following notice to JP
CAPITAL:
Address: JP CAPITAL LLC
Sharjah Media CIty
UAE 515000
Electronic Mail Address: Update@JPCAPITAL.INFO
In your notice, you must include the following:
- (i) a physical or electronic signature of the owner of
an exclusive right that is being infringed or of a person authorized to
act on behalf of such owner;
- (ii)
identification of the copyrighted work(s) that is (are) allegedly being infringed;
- (iii)
identification of the materials that are causing the infringement and that
are to be removed, along with sufficient information to allow JP CAPITAL
to locate such materials;
- (iv)
contact information (i.e., name, address, email address) sufficient to
enable JP CAPITAL to contact you;
- (v) a
statement to the effect that you have a good faith belief that the
complained of use of the material was not authorized by the owner of the
copyright, its agent or the law; and
- (vi) 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 the exclusive right that is allegedly being
infringed.
U.S.
Export Controls
Software and the products obtained through or
related to this Website may be subject to United States export controls or the
export controls of other countries from where you access the Site. No software
or products may be downloaded from the Website or otherwise exported or
reexported in violation of U.S. or other countries’ export laws, as applicable.
Downloading or using the software or products is at your sole risk.
Disputes
and Governing Law
Use of this Website and these Terms of Use shall be
governed by the laws of the State of New York of the United States of America,
without regard to its conflict of law provisions. In the event that any portion
of these Terms of Use are deemed unenforceable, unlawful or void by a tribunal
of competent jurisdiction, in any jurisdiction for any reason, unless narrowed
by construction, such portion of these Terms of Use shall, for purposes of such
jurisdiction only, be construed as if such invalid, prohibited or unenforceable
portion had been more narrowly constructed so as not to be invalid, prohibited
or unenforceable (or if such provision cannot be drawn narrowly enough, the
tribunal making any such determination shall have the power to modify such
portion of these Terms of Use to the extent necessary to make such portion of
these Terms of Use enforceable in such jurisdiction, and such portion shall
then be applicable in such modified form in such jurisdiction). If,
notwithstanding the foregoing, any such portion of these Terms of Use would be
held to be invalid, prohibited or unenforceable in any
jurisdiction for any reason, such portion, as to such jurisdiction only, shall
be ineffective to the extent of such invalidity, prohibition or
unenforceability, without invalidating the remaining provisions set forth in
these Terms of Use. No narrowed construction, modification
or invalidation of any portion of the Terms of Use shall affect the
construction, validity or enforceability of such portion in any other
jurisdiction. No waiver by JP CAPITAL of any term or condition of these Terms
of Use shall be deemed a further or continuing waiver of such term or condition
or of any other term or condition, and JP CAPITAL’s failure to assert any right
or demand compliance with any provision of these Terms of Use shall not be
deemed to constitute a waiver of any such right or provision.
Except where prohibited by law, as a condition of you clicking acceptance of
these Terms of Use and/or accessing and/or using this Website, you agree that
(1) any and all disputes and causes of action arising out of or connected with
this Website shall be resolved individually, without resort to any form of
class action, and exclusively by final and binding arbitration in New York
within one year from the date that the cause of action arose (or, if multiple
cause of actions are involved, from the date that the first cause of action
arose), with such arbitration conducted pursuant to the then prevailing rules
of the American Arbitration Association; and (2) judgment upon such arbitration
award may be entered in any court having jurisdiction. To the fullest extent
permitted by law, no arbitration brought pursuant hereto shall be joined to any
other action or arbitration.
The rules governing arbitration are different than those in court. Arbitration
does not involve a judge or jury and review is limited, but an arbitrator can
award the same damages as a court. You understand that by accepting these Terms
and Conditions, you are giving up your right to a trial in court, either with
or without a jury.
To the fullest extent permitted at law, under no circumstances will you be
permitted to obtain an award for, and by accessing and/or using the site you
waive all rights to claim, punitive, incidental, consequential or any other
damages (including multiplied and/or increased damages and/or attorneys’ fees
and court costs) for, any dispute or cause of action that you may have that
relates in whole or part to this Website and/or the Materials. Notwithstanding
anything to the contrary set forth in these Terms of Use or otherwise, your
recovery with respect to any and all claims, judgments, and awards for which
you are entitled shall, to the fullest extent permitted at law, be limited to
your actual out-of-pocket costs incurred, excluding attorneys’ fees and court
costs.
Notwithstanding anything to the contrary set forth in these Terms of Use, JP
CAPITAL may at any time seek injunctive or other appropriate relief against you
and/or against others, in any state or federal court in the state of New York
and/or in any other court chosen by JP CAPITAL, in the event that JP CAPITAL
believes that there is a violation, or a threatened violation, of any of JP
CAPITAL’s intellectual property rights and, in such case, you hereby consent to
the exclusive jurisdiction and venue of such court.