Terms and Conditions

WELCOME TO WWW.JCLCAPITALPARTNERS.COM (“THE JCL WEBSITE”, “THE JCL SITE”, “WEBSITE” OR “SITE”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

BY VISITING, USING, OR ACCESSING ANY CONTENT OR MATERIAL THAT IS MADE AVAILABLE THROUGH THIS WEBSITE, INCLUDING ANY SUBDOMAIN THEREOF, YOU (THE “USER”) ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND AND HEREBY ACCEPT THESE TERMS AND CONDITIONS OF SERVICE (ALSO REFERRED TO AS “TERMS OF USE”). IF YOU DISAGREE WITH THESE TERMS OF SERVICE IN ANY WAY, THEN YOU CANNOT USE THIS WEBSITE, INCLUDING ANY CORRESPONDING JCL SERVICES.

THE JCL SITE PERMITS SITE VISITORS TO, INTER ALIA, SUBSCRIBE TO A JCL MAILING LIST FOR PERIODIC UPDATES ON JCL ACTIVITIES AND/OR SUBMIT LOAN REQUEST INQUIRIES TO JCL FOR POTENTIAL COMMERCIAL LOAN OPPORTUNITIES (“JCL SERVICES” OR “SERVICES”). THE JCL SITE IS WHOLLY OWNED AND OPERATED BY JCL CAPITAL MANAGEMENT, LLC (THE “COMPANY”, “WE”, “US” OR “OUR”).

YOUR AGREEMENT WITH US INCLUDES THESE TERMS AND CONDITIONS OF USE AND OUR PRIVACY POLICY. OUR PRIVACY POLICY GOVERNS OUR TREATMENT OF INFORMATION YOU PROVIDE TO US ON THE WEBSITE. OUR TERMS AND PRIVACY POLICY APPLY TO ANY SITE VISITOR, OR USER OF, (COLLECTIVELY “USERS”) OUR WEBSITE OR SERVICES. IF YOU SUBSCRIBE OR PARTAKE IN ANY SERVICES OFFERED THROUGH THIS WEBSITE, YOU MAY ALSO BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO SUCH SERVICES, WHICH WILL BE BROUGHT TO YOUR ATTENTION AT THAT TIME.

Table of Contents
1. Site Overview
2. Definitions
3. Modification to Terms of Service
4. Short-Form Loan Inquiry Process and Subscription Services
5. Content
6. Your Right to Use our Website
7. No Guarantee for Credit, Loan Commitment, or Interest Rate
8. Prohibited User Conduct
9. Intellectual Property
10. Security Offerings: No Investment Advice Provided
11. Monitoring
12. Links to Other Sites
13. Limited Express Warranty; Disclaimer of Other Warranties
14. Limitation of Liability and Remedies
15. Indemnification
16. Digital Millennium Copyright Act
17. Consent to Electronic Transactions and Disclosures
18.Termination
19. Notifications and Communications
20. Reports and Complaints
21. Disputes
21. Other Agreements
22. Privacy
23 No Waiver
24. Governing Law

1. JCL Site Overview
The JCL Site serves to facilitate JCL’s private-lending commercial loan origination business by, inter alia, permitting Participating Users to inquire into their eligibility for potential commercial loan opportunities from JCL and/or JCL Affiliates and Associated Companies. For purposes of this Agreement, the Website includes all information, text, visual images, software, products and services used or available through the Website (“JCL Services” or “Services”). The Website is intended to be used for lawful purposes only. These Terms of Use (the “Terms” or “Terms of Service”) govern your use of the Website, the Services offered through the Website, submissions of Content you make to the Website and your use of Content submitted by other Users.

2. Definitions
“Associated Company or Companies” means an entity which JCL has a close working relationship with and which JCL may work in concert with in an attempt to facilitate and/or fund loans requested by Prospective Borrowers interested in Borrower-Related Services offered via the JCL Site.

“Affiliate” means an entity that controls, is controlled by, or is under common control with JCL, whether the control results from equity ownership, contract, overlapping management or otherwise. In this context, “control” means the ability to replace the officers or directors or otherwise materially influence or control management decisions.
“Anonymous Information” means information that does not identify you, and cannot be used to identify you, such as statistical information, demographic information, website log information, and other information, as further specified in Section 4 and 13 of the Privacy Policy. For the avoidance of doubt, aggregate information does not constitute Personally Identifiable Information.
“Applicable Law” means statutes and regulations that apply to Offering Companies and this Website, with respect to the services provided through this Site.
“Borrower-Related Services” means loan pre-application and application services we provide via our Website to Participating Users and Prospective Borrowers, as applicable.
“Borrower/Broker Financial Information” means (i) Credit Card Authorizations; (ii) Specific-Qualifications Information; and (iii) Personal Financial Statements.
“Borrower Application Information”, “Application Questionnaire” or “Borrower Qualifying Questions” means the set of questions that specify the information and qualifications needed for a Participating User to qualify for a requested Loan with JCL.
“Borrower Questionnaire Information” means (i) Borrower/Broker Financial Information and (ii) Identity Verification Information.
“Company” means JCL Capital Partners Management, LLC, a Delaware Limited Liability Company.
“Contact Information” means information that can be used to contact you, including your name, e-mail address, street address, and cell phone or land-line phone number.
“Content” means any and all information, text, images or other form of expression(s), creative or otherwise, submitted to or on, and/or made available or accessible through the Site, whether submitted by a User or JCL, respectively.
“Corporate Participants” means advertisers, corporations and various other entities that are interested in placing or publishing advertisements and/or information on the Site.
“Identity Verification Information” means information designed to verify your identity. Identity Verification Information may include (i) information from an electronic check that you provide, (ii) a credit report, or (iii) other similar information designed to authenticate identity.
“Informal Information” means material that we send you for informational purposes, such as event updates, news narratives, and other information that does not constitute a Required Notice. Informal Information may take a range of forms, including email, newsletters, or automatic notices generated by our Website. As specified in Section 9 of our Privacy Policy (i) you may receive Informal Information only from JCL and/or Affiliated and/or Associated Companies. You are entitled to opt-out from receiving Informal Information.
“JCL”, “JCL LLC” or “JCL Capital Partners” refers to Company, JCL Capital Partners Management LLC, a Delaware Limited Liability Company.
“Participating User” means a natural person who (i) is age 18 or older and (ii) has completed the registration process at our Site for JCL Subscription Services or Borrower-Related Services. We may permit certain companies (legal entities) to participate in said Services. These entities may also be considered “Participating Users” pending agreement and representation to additional terms, such as further “good citizenship” terms – that apply to their participation.
“Payment Information” means information you may provide, or be provided with, when you partake in Borrower-Related Services via our Website, including account information on an electronic check or credit card.
“Personally Identifiable Information” means any information you have submitted to JCL in relation to Subscription Services of Borrower-Related Services and any other information that could reasonably be used to identify you.
“Project(s)” means any active or historic real estate-backed investment project(s) illustrated or depicted through the Site or by way of any corresponding JCL Services.
“Prospective Borrower” means a Participating User who has completed a short-form application for Borrower-Related Services, and who may have or have not completed a Borrower Questionnaire but who has not yet been approved for their requested Loan by JCL.
“Registration Information” means the information that you provide in order to participate in our Services, consisting of (i) Contact Information and/or (ii) Borrower-Questionnaire Information; and (iii) your birth date; as applicable.
“Regulators” means state and federal regulators with jurisdiction over this Website in accordance with Applicable Law. The term “Regulators” includes, where applicable, the United States Securities and Exchange Commission.
“Required Notices” means information that we provide in order to comply with Applicable Law, as further specified in Section 9.1 (Required Notices).
“Services” means all services available via the Website, including, but not limited to, Borrower-Related Services and services we provide with respect to the Marketplace.
“Service Providers” has the meaning set out Section 9.1 (Service Providers) of our Privacy Policy.
“Site” or “JCL Site” means the website located at www.jclcapitalpartners.com.
“Specific Loan Qualification Information” means information needed to meet “suitability” requirements for Borrower-Related Services. Depending on the nature of the loan request and whether you are attempting to qualify as an individual or other legal entity, Specific Loan Qualification Information may include, inter alia,: (i) information we request concerning your net worth or income; (ii) information concerning your residency; and (iii) property information, indicating your legal rights to and in any collateralized property.
“Site Visitor(s)” or “Visitor(s)” means anyone accessing or attempting to access any portion of the Site that is not a Participating User.
“Subscription Services” means electronic and/or traditional mail subscriptions, which may provide content concerning current affairs, notice of upcoming events, and/or other informational articles of interest, which may or may not be directly or indirectly related to JCL activities for purposes of education, news, entertainment, or otherwise and which are disseminated by JCL to Participating Users.
“Terms of Use” or “Terms of Service” refers to JCL’s policies and provisions setting forth all terms and conditions governing the use of the Site and JCL Services.
“User(s)”, “you” or “your” refers to (i) Site Visitors and (ii) Participating Users, as applicable.
“We,” “us,” and “our” refers to (i) JCL Capital Management LLC, a New York Limited Liability Company.
“Website”, “Site”, “Site” or “JCL Site” means the website located at www.jclcapitalpartners.com.

3. Modifications to Terms of Service
We reserve the right, in our sole discretion, to make changes to these Terms of Service (“Updated Terms”) from time to time. In the event that any modifications are made to these Terms of Use, we will post the Updated Terms on the Site and will indicate at the top of the page the date on which the Terms of Service were last modified. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. You understand and agree that your use of the Site and/or Services will at all times be governed by the then current version of the Terms in effect on the date of such use. By using the Site and JCL Services, you acknowledge and agree to review the then current version of the Terms prior to each such use. If at any time you do not agree to any revised Terms, you should immediately stop using the Website. Continued use of the Site and/or any JCL Services after any modifications to the Terms of Service have been posted to the Site, shall constitute your acknowledgment of, and binding agreement to, the then current Updated Terms.

4. Short-Form Loan Inquiry Process and Subscription Services
Visitors who wish to gain access to certain Services, must first provide certain information. Users of our Website who meet the following requirements may register for Subscription Services and/or partake in Borrower-Related Services (collectively “Services” or “JCL Services”).
As a preliminary requirement to satisfying the necessary criteria and gaining Site approval for JCL Services, you must be a natural person over the age of eighteen (18) domiciled within the United States of America, or a verifiable legal entity duly incorporated or organized pursuant to Applicable Law. The Site is intended only for Users who are at least eighteen (18) years old and/or lawfully operating legal entities. Any use of the Site or Services by anyone under the age of eighteen (18), and/or by any person or entity domiciled outside the United States, is unauthorized, unlicensed and in violation of these Terms of Service. By using the Site, you represent that you are eighteen or older, or that you are a lawfully operating U.S. entity, and that you agree to all Terms contained herein.
During the registration process for JCL Services, you may be required to provide, among other information, Contact Information, Identity Verification Information and/or your date of birth (collectively “Registration Information”). You may also be required to represent that you have fully read and agree to be bound by all the Site’s Terms and Policies. By submitting such information you represent that all information you have provided is complete and accurate, and that you will update your Information as necessary to maintain its accuracy.
A User, who wishes to partake in certain Borrower-Related Services on the Site, may also be required to meet additional requirements to be in compliance with Federal and/or State Securities Laws. All such Users may be required to provide third party documentation confirming certain representations for the Site’s review and ultimate approval.
For tax, qualification, verification and payment purposes, each Participating User seeking to partake in Borrower-Related Services may be asked to provide “Borrower/Broker Financial Information”. Such Borrower/Broker Financial Information required by the Site may include credit card authorizations, Specific-Qualification Information and Personal Financial Statements (collectively the “Borrower/Broker Financial Information”), which may also include your Social Security Number (or Taxpayer Identification Number, where applicable).
In order to partake in Borrower-Related Services on the Site, you hereby allow the Site to perform any background checks as the Site, in its sole discretion, deems necessary. We may request, without limitation: publicly available information filed with a federal, state or local regulatory body, third-­party information including Forms W­2, Forms 1099, Schedule K­1 of Form 1065, filed Forms 1040, information disclosed in industry or trade publications, written confirmations from broker­-dealers, licensed attorneys or certified public accountants, banking statements, brokerage statements, credit reports, certificates of deposit, tax assessments or appraisal reports issued by independent third parties. By your use of the Site or any JCL Services you acknowledge that your failure to provide any such requested information or documentation, or any attempts on your behalf to circumvent Site verification processes, will be cause for the Site to deny, or immediately discontinue, your use of any JCL Services, including access to the Site and/or JCL Services.
Once the Site believes you have provided the necessary documentation to support your inquiry for a Loan Request, the Site may, in its sole discretion, contact you to discuss your request and your eligibility prospects in further detail. JCL will require additional information prior to providing an actual loan offer. JCL will contact you directly to discuss your loan request and to discuss the specific terms of your offer.

5. Content
Users may be given the ability to submit content to the Website. By submitting any content to the Website, you grant to us and to all other Users a royalty­ free, perpetual, irrevocable, non­exclusive, fully paid and transferable right and license to use, reproduce, modify, adapt, publish, distribute, translate, communicate to the public, create derivative works from, perform and display such Content worldwide, or to incorporate the content into any other works in any form or media without restriction or compensation, and to grant and authorize sublicenses thereof. You hereby acknowledge that any content you contribute to the Website shall become public upon your submission of the information. Content posted in the public areas of the Website may be accessed by everyone on the Internet. Our Privacy Policy does not protect information which you disclose on the Website. We can offer no assurance that others who access content will not misuse the content you post. We may not preserve or return content which you submit.
You acknowledge and agree that you are solely responsible for all content that you make available through the Website. You represent and warrant that: (i) you are either the sole and exclusive owner of all content that you make available through the website or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such content, as contemplated under these Terms; and (ii) neither the content nor your posting, uploading, publication, submission or transmittal of the content or our use of the content (or any portion thereof) on, through or by means of the Website, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law(s) or regulation(s).
You acknowledge that we may preserve content and/or disclose content as we believe necessary, in our sole discretion, to be in compliance with applicable laws, government requests, legal proceedings, or to protect and enforce rights, property, or personal safety of the Company, Users or third-parties. Your use of the Site or any of its Services shall constitute your acceptance and consent of such terms.

6. Your Right to Use our Website
Subject to compliance with these Terms, Site Visitors have a limited, non­exclusive, non­transferable, non­assignable, non­sublicenseable and revocable license to access and use the publicly available areas of our Website; No Users are entitled to create links to, or otherwise disclose details concerning, Content submitted by other Users or to information that is provided by JCL which is not accessible through the publicly accessible areas of our Website. Except as specifically permitted, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content or any information on our Website.

7. No Guarantee for Credit, Loan Commitment, or Interest Rate
JCL does not guarantee acceptance or approval of any loan request made by a Participating User submitted via our Site in association with our Borrower-Related Services. Said submittal is strictly a preliminary fact gathering practice for JCL’s discretionary determination as to whether JCL wishes to contact you for more information related to your inquiry.
Any Loan inquiry you submit via our Website in association with our Borrower-Related Services is NOT an application for credit. There is NO Guarantee that JCL will contact you after you submit a short-form application or that you will qualify for a loan or any form of credit from JCL, its Affiliates or any Associated Companies.
Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement.
Any offers made by JCL shall be subject to change up and until formally executed in writing, as offers may be subject to market conditions. All approval and qualification considerations may include, but not necessarily be limited to, location, equity and value and income/asset considerations such as loan to value ratios and debt to income ratios.
8. Prohibited User Conduct
By utilizing the Site you acknowledge that considerable time and expense has been spent by us developing the Site, its infrastructure and its associated Services. You also acknowledge that certain information contained on the Site or provided by JCL may be confidential and/or privileged information, and thus any unauthorized disclosure may not only be in violation of applicable state and federal regulation laws, but may also cause significant and/or irreparable harm to the Company, another User, Issuer or a third-party.
In light of the foregoing acknowledgments and as a condition to your use of our Website or any JCL Service(s), you agree that you will not:
Upload, post, transmit or otherwise make available Content that is unlawful, libelous, intentionally false, abusive, obscene, defamatory, unlawfully threatening, unlawfully harassing, discriminatory or otherwise objectionable;

Collect, use or transfer any personal, private or confidential information about another person obtained from our Website except as expressly permitted by the owner of the information;

Infringe any third party’s intellectual property, trade secrets or proprietary rights;

Transmit Content that contains software viruses, worms or any other computer code that interrupts, destroys or limits the functionality of the Website;

Engage in any action that directly or indirectly interferes with, or places an unreasonable or disproportionately large load on, the proper workings of our infrastructure;

Engage, or attempt to engage, in any intrusive behavior, such as data mining or similar data gathering or extraction methods;

Disrupt or interfere with any other party’s use and enjoyment of the Site or Services;

Directly or indirectly solicit, poach, cold call, divert, entice, induce or remove any person or entity found on or through the Website for any purpose not intended by the Site or JCL Services;

Use the Site or Services for commercial exploitation outside the scope of the intended use of the Site, as to be determined in the sole discretion of the Company;

Use the Website for any unlawful or improper purpose; or

Hold yourself out as another person or entity, or falsely or deceptively misappropriate the rights or likelihood of someone else’s identity, someone else’s property, or someone else’s work.

9. Intellectual Property Rights
All source identifying indicia, service marks, logos, trade names, designs, text, graphics and/or any other proprietary designations used herein are trademarks of the Site. All contributing content on the Website, including images, texts, color schemes, page headers, graphics, layouts, and designs add to the overall appearance and visitor experience and impression of the Site, and thus create a unique overall impression that is attributable solely to the Site. Any use of Site content, including but not limited to, information, text, graphics, logos, color schemes, layouts and design elements may not be used without our prior written permission. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute any material, including code and software, from our Website except as expressly set forth herein. Any unauthorized or unapproved use constitutes copyright, trademark and/or trade dress infringement.
You may not use the Website, or any portion thereof, to create or recreate a similar or competing service. Any use of the Content of this Website not expressly permitted by these Terms or granted by our prior written permission is a breach of these Terms and is strictly prohibited.

10. Security Offerings: No Professional Investment Advice Provided
BY USING THE JCL WEBSITE OR ANY JCL SERVICES, USER ACKNOWLEDGES THAT JCL IS NOT AN INVESTMENT ADVISOR, FINANCIAL PLANNER, FINANCIAL ADVISOR, OR SHOULD BE RELIED ON FOR ANY TAX, LEGAL OR FINANCIAL ADVICE.

11. Monitoring
You agree that we may monitor Content on our Website (a) to comply with applicable laws, regulations or other government requests; (b) to operate our Website properly or to protect us and/or Users; and (c) for such other purposes as we deem reasonably necessary or appropriate from time to time. We reserve the right to modify, reject or eliminate any information residing on or transmitted through our Website that we believe is unacceptable or in violation of these Terms.

12. Links to Other Sites
Our Website may contain hyperlinks or other connections to websites operated by persons or entities other than us. We do not control those websites and are not responsible for them, their availability, content or any viruses that may be accessed through them. Our inclusion of hyperlinks or other connections to such websites does not imply any endorsement of the material on them or any association with their owners or operators. Your use of the Website to link to another site is at your own risk.

13. Limited Express Warranty; Disclaimer of Other Warranties
Subject to the limitation of liability set forth below, we warrant to Users that we will use commercially reasonable efforts to (a) transmit Borrower/Broker Financial Information in a good, workmanlike and professional manner and (b) safeguard Personally Identifiable Information as provided in the Privacy Policy. OTHER THAN THE EXPRESS LIMITED WARRANTY SET OUT ABOVE, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON­INFRINGEMENT OF THIRD ­PARTIES’ RIGHTS, TITLE, AND/OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE WITH RESPECT TO THE WEBSITE OR INFORMATION PROVIDED THEREIN. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE (1) ACCURACY, COMPLETENESS, CONTEMPORANEOUSNESS OR TIMELINESS OF OUR WEBSITE, (2) THE QUALITY AND SECURITY OF OUR WEBSITE, OR (3) THE INABILITY TO ACCESS OUR WEBSITE OR ITS CONTENT, INCLUDING WHETHER OUR WEBSITE WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OUR WEBSITE. WHEN USING OUR WEBSITE, INFORMATION WILL BE TRANSMITTED OVER THE INTERNET, A MEDIUM THAT IS BEYOND OUR CONTROL AND JURISDICTION. ACCORDINGLY, WE ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH YOUR USE OF OUR WEBSITE, AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST US FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON OUR WEBSITE. ANY MATERIAL DESCRIBED OR USED ON OUR WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US. WE MAKE NO WARRANTIES WHATSOEVER AS TO THE ACCURACY, CONTENT, COMPLETENESS OR LEGALITY OF INFORMATION AVAILABLE ON THE WEBSITE OR IN OFFERING DOCUMENTS. WE DISCLAIM ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

14. Limitation of Liability and Remedies
YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES SUFFERED AS A RESULT OF ACCESSING, USING, PRINTING, COPYING OR DOWNLOADING ANYTHING FROM OUR WEBSITE. YOU FURTHER AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY RELYING UPON, USING, OR INTERPRETING OUR WEBSITE. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH:

THE USE OF OUR WEBSITE, OR WITH THE DELAY OR INABILITY TO USE IT (OR ANY LINKED SITES);
ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH OUR WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF OUR WEBSITE, OR ON ANY OTHER BASIS (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE, OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
LOST DATA, UNAUTHORIZED USE OF OUR SECURED SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
ANY ILLEGAL, OFFENSIVE, ABUSIVE, OR MALICIOUS BEHAVIOR OF ANY THIRD PARTY;
PERSONAL INJURY OR PROPERTY DAMAGE, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF OUR SERVICES; OR
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT.

OUR CUMULATIVE LIABILITY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THE WEBSITE (WHETHER ARISING IN TORT, CONTRACT, BREACH OF WARRANTY OR OTHERWISE) OR UNDER THESE TERMS OF USE SHALL SOUND SOLELY IN INJUNCTIVE RELIEF. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU BUT JCL CAPITAL PARTNER’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Any claims made by you in connection with your use of our Website, or its content, must be brought within one (1) year after the cause of action accrues. Otherwise, such cause of action shall be barred. We shall have the right, in addition to other remedies provided by applicable law including consequential and liquidated damages, to apply to a court of competent jurisdiction for the entry of an immediate order to restrain or enjoin said breach and to specifically enforce the provisions of this Agreement.

Except as expressly and specifically contemplated by these Terms, no representations, statements, consents, waivers or other acts or omissions by us shall be deemed legally binding on us, unless documented in a physical writing hand signed by one of our duly appointed officers.

We shall have the right, but not the obligation, to determine whether any Participating User is eligible and/or qualifies for any loan opportunity from or through JCL.

15. Indemnification
You agree to defend, indemnify and hold us, our officers, directors, employees, members, agents, and affiliates harmless from and against all claims, charges, investigations, actions or demands, liabilities and settlements, including without limitation our losses, costs, damages and reasonable legal and accounting fees, resulting from, or alleged to result from or be in connection with: (a) your use of our Service or the Site; (b) your breach of these Terms; (c) any Content or other material you provide to our Website, (d) your use of our Website’s Content, (e) your violation of any applicable law, regulation, rule or order pertaining to your use of our Website; (f) your unauthorized or unlawful use of our Website; (g) any activity in which you engage in or through our Website; or (h) the unauthorized or unlawful use of our Website by any other person using your user name and password.

If you are a California resident, by utilizing our Services you hereby agree to waive California Civil Code Section 1542, which reads: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor”. In the event that you reside in another jurisdiction that has a statute of similar language or effect, you hereby agree to waive any comparable statute or doctrine.

16. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (below) with the following information in writing (see 17 U.S.C 512(c)(3)):

A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

C. 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 us to locate the material;

D. Your address, telephone number, and email address;

E. A statement that you have 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

F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All notifications of alleged infringements must be written and sent to our designated Copyright Agent.
Name of Agent Designated to Receive Notification of Alleged Infringement: Attn: Stephen A. Florek III
Address to which Notification Should Be Sent: 2 Westchester Park Dr., Ste 205, White Plains, New York 10604
E-Mail Address: Sflorek@jclcapitalpartners.com
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

17. Consent to Electronic Transactions and Disclosures
By using the Site or any JCL Services, you thereby consent to transact business with us electronically. This consent may apply to the electronic effectuation and/or execution of any and all payments (ACH transfers), transactions, disclosures, agreements, and other processes implemented by the Company in order to carry out JCL Services. You hereby consent to receive messages and notifications via email, SMS/text message, and similar electronic means from us, our affiliates, marketing partners and agents.
You expressly authorize such bank or financial account of your choosing to pay any amounts owed or due, and authorize our agents to make any and all disbursements to or from such account. You agree to maintain all such information necessary to effectuate said transfers up-to-date and current at all times with the Company so long as you are a User and/or have outstanding debts owed to the Company.

18. Termination
You may terminate your account with us for any reason, at any time, upon notice to us. Your termination notice will be effective upon our processing the notice. We reserve the right, without cause and without notice to you, to terminate your account with us at any time if we believe, in our discretion, that you have engaged in activities that have breached these Terms, our Privacy Policy, or any federal or state laws or regulations. A termination by us will be effective immediately or as otherwise specified by us. Termination of your account with us includes disabling your access to our Website and may also bar you from any future use of our Website. We may immediately restrict, suspend or terminate your account if you abuse or misuse our Website or engage in any behavior that we, in our sole discretion, deem contrary to the purpose of the Website. Likewise, if you violate any of the Terms, we may immediately terminate your limited license to use our Website. Upon the termination of your account and any perceived licenses or rights to our Services, you lose access to our Website. In addition, we may block access to our Website from an IP address or range of IP addresses associated with those of terminated Users. Any fees paid to the Company shall not be refundable, unless otherwise specified. All monies or outstanding charges on your account at the time of your termination shall survive termination and remain obligations of you to the Company.

You additionally acknowledge that violation of our Terms and Policies may also subject you to criminal charges and civil liability, as such breaches may also expose you to violation of state and federal laws and regulations. The termination of your account may result in the destruction of all information associated with your account.

19. Notifications and Communications
For purposes of communicating with you regarding the Website, notice shall consist of an email from us to an email address associated with your account. You also agree that we may communicate with you through other means including email, cellular telephone, telephone or delivery services including the U.S. Postal Service about your Website registration or Services through the Website. You agree that we shall have no liability associated with or arising from your failure to maintain accurate contact information.
You may contact us via email at: sflorek@jclcapitalpartners.com or via U.S. mail or courier at:
Attn: General Counsel
JCL Capital Partners
2 Westchester Park Drive
Suite 205
White Plains, NY 10604

20. Reports and Complaints
If you believe that a User has acted inappropriately, such as by violating these Terms, you may report your concerns either via the links we have included on the Website, or by contacting us by the means described above. If we are notified by a User that he or she believes that certain Content at the Website is in violation of these Terms, we may investigate the allegation and determine in good faith, in our sole discretion, whether to remove or block access to such Content, or to take action with respect to person or persons responsible for posting the Content. We have the right (but not the obligation), in our sole discretion, to remove, relocate, or otherwise block or restrict any Content, with or without notice, and without liability.

21. Disputes
You are solely responsible for your interaction with other Users that involve or arise from your relationship to the Website. Although we may monitor claims that involve you and other Users, we have no obligation to become involved. If you become involved in such a dispute, and our provision of Services is an insubstantial factor (or no factor) in creating this dispute, then you release us from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or connected with such dispute.

YOU AND JCL CAPITAL PARTNERS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

22. Other Agreements
These Terms constitute the entire agreement between us and you with respect to the subject matter of these Terms and supersede all previous and contemporaneous agreements, proposals and communications between us, written or oral, or whether established by custom, practice, policy or precedent. You agree that no joint venture, partnership, employment or agency relationship exists between you and us or other Users as a result of these Terms or your use of our Website. We may assign these Terms, in whole or in part, in our sole discretion. You may not assign your rights or obligations under these Terms without our prior express written consent. Any attempt by you to assign your rights or obligations under these Terms without our permission shall be void. If any provision of these Terms is found to be invalid by any court having jurisdiction to make such a determination, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

23. Privacy
Please see our Privacy Policy. By using the Site, you consent to have all personal data transferred to and processed in the United States by the Site, an affiliated entity, or a third-party of the Site’s choosing. The JCL Privacy Policy is hereby incorporated by reference into this Agreement. Our Privacy Policy explains the policy applicable to the information that is collected through the Website, received directly from your or transmitted to or from third parties.

24. No Waiver
No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Our failure to act with respect to a breach of these Terms does not waive our right to act with respect to that breach or subsequent breaches.

In no event shall any of the Terms contained herein be deemed to constitute a waiver, nor has there been a waiver, that would be permissible under Section 14 of the Securities Act of 1933, Section 29(a) of the Securities Act of 1934, or any other applicable provision of federal or state securities laws.

25. Governing Law
We are based in Westchester County, New York in the United States of America. We make no representation that our Website is appropriate or may legally be viewed in the nation, state, province or other jurisdiction in which you reside, do business, or are incorporated or organized. Access to the Website is prohibited from jurisdictions where the Website, or its Content, is illegal.

You agree that these Terms, as well as any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving us or our affiliates, subsidiaries, employees, members, officers, directors, and agents, shall be governed by and construed in accordance with the laws of the State of New York in all matters, without regard to its provisions regarding conflicts of law. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within New York.

In connection with use of the Website and the Service, each User represents and warrants that he or she:
Has had an opportunity to seek legal and financial advice with respect to participation in Borrower Related Services and the Website, including but not limited to, all Terms and Policies you hereby agree to be bound by; and
Has carefully reviewed and understands and agrees to these Terms and the Privacy Policy and has full power and authority to be bound by the Terms and the Privacy Policy.

THANK YOU FOR VISITING THE JCL SITE AND REVIEWING OUR TERMS OF SERVICE.
If you have any questions, please contact us directly at support@jclcapitalpartners.com.