ACCEPTANCE OF THE TERMS OF USE
To use the Jones Family Office website or mobile application or both (collectively, the “Electronic Services”), the Jones Family Office (“we,” “us,” or the “Firm”) requires you to comply with the following terms and conditions (the “Terms of Use”), which incorporate by reference the Firm’s Privacy Policy. The Terms of Use constitute a legal agreement between you and the Firm. Your access to and use of the Electronic Services is subject to these Terms of Use and all applicable laws and regulations. By accessing and using the Electronic Services, you accept, without qualification, the Terms of Use. If you do not accept the Terms of Use without qualification, you should exit the Electronic Services immediately.
The Firm’s Privacy Policy governs the Firm’s collection and use of any information from users of the Electronic Services. Before providing any information to the Firm, you should read the Firm’s Privacy Policy
The Firm may, at any time, in its sole discretion, add to, amend, modify, or delete any of the Terms of Use (collectively, “Amendment”). The Terms of Use and each revision thereof is effective when posted in the Electronic Services. Your use of the Electronic Services after any Amendment has been posted constitutes your binding agreement to and acceptance of that Amendment. Each time you access any of the Electronic Services, you reaffirm your acceptance of the Terms of Use and any Amendment. You are responsible for regularly reviewing the Terms of Use.
Nothing contained in the Terms of Use is intended to modify or amend any other written agreement, if any, that may currently be in effect between you and the Firm with regard to matters other than your access to and use of the Electronic Services.
ACCESS TO AND USE OF THE ELECTRONIC SERVICES
Neither the Firm nor any person associated with the Firm makes any representation or warranty that access to the Electronic Services will be uninterrupted or without delay. The Firm reserves the right at any time, in its sole discretion, to suspend, modify, or discontinue, temporarily or permanently, the Electronic Services or any portion thereof, without notice to you. You agree that the Firm will not be liable to you or any third party for any such suspension, modification, or discontinuance of the Electronic Services.
You represent and warrant to the Firm that all of the information that you provided to obtain access to the Electronic Services and all of the information that you provide in your interactions with the Firm through the Electronic Services is truthful, accurate, and complete. You agree that all such information is governed by the Firm’s Privacy Policy, and you consent to all actions that we take with respect to such information that are consistent with our Privacy Policy.
If you choose, or the Firm provides to you, a user name, password, or other item as part of our security procedures, you must not disclose any such information to any other person or entity. If you provide your password or any other security information to any other person or entity, you will be solely responsible for any actions taken by such person or entity. If you become aware that there has been unauthorized access to your account or your password or other security information, notify the Firm immediately at [PTJTechSupport@jnsgrp.com] and change your password. You are responsible for all activity that occurs using your password or other security information, whether by you or anyone else, including any unauthorized use. At the end of each session in which you access the Electronic Services, ensure that you have exited from your account, and exercise additional caution when accessing your account from a public or shared device.
The Firm has the right to disable any username, password, or other identifier at any time if, in the Firm’s opinion, the applicable user has violated any of the Terms of Use.
Without the prior written permission of the Firm, you are prohibited from using any automated means to access the Electronic Services for any purpose. You may not take any action that we determine, in our sole discretion: (i) imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure; (ii) interferes or attempts to interfere with the proper working of the Electronic Services or any activities conducted through the Electronic Services; or (iii) bypasses or attempts to bypass any measures that we use to prevent or restrict access to the Electronic Services.
The Firm permits you to use the Electronic Services only for your personal, non-commercial, lawful use. You are prohibited from using the Electronic Services to advertise or perform any commercial solicitation.
As a condition of your use of the Electronic Services, you represent and warrant to the Firm that you will not use the Electronic Services for any purpose that is unlawful or prohibited by the Terms of Use. You acknowledge and agree that the Firm may immediately suspend or terminate your right to use the Electronic Services if your use of the Electronic Services is contrary to any law or regulation or violates the Terms of Use, and that the Firm may cooperate fully with law enforcement authorities or with a court order directing the Firm to disclose the identity of, or other information concerning, anyone who, in using the Electronic Services, has violated any law or regulation or the Terms of Use.
You waive and hold harmless the Firm and its affiliates, licensees, and service providers from any claim, action, suit, demand, or proceeding, whether formally or otherwise asserted (a “Claim”) resulting from any action taken, or any failure to act, by the Firm or any of the foregoing parties during, or as a consequence of, investigations by the Firm or any of the foregoing parties or law enforcement authorities into a possible violation of any law or regulation or the Terms of Use.
The Firm expressly reserves the right to monitor any and all use of the Electronic Services.
INTELLECTUAL PROPERTY
The Firm reserves all rights not expressly granted herein. The Electronic Services and all of their content and functionality, including, without limitation, all information, materials, images, graphics, video recordings, audio recordings, software, photographs, articles, and text and the selection, coordination, and arrangement of all of the foregoing, are owned by the Firm, its licensors, or other providers of such materials and are protected by United States and international laws protecting registered or unregistered intellectual property or proprietary rights, including, without limitation, copyrights, patents, and trade secrets, as well as trademarks, service marks, trade names, logos, and other identifications of source (collectively, “Trademarks”). Except as expressly provided in the Terms of Use or permitted under United States or international law, you agree that, without the Firm’s prior written permission, you may not and will not use, reproduce, distribute, modify, create adaptations or derivative works of, publicly display, publicly perform, or in any other way exploit any part of the Electronic Services.
You may use, reproduce, distribute, modify, create adaptations or derivative works of, publicly display, or publicly perform any part of the Electronic Services only as follows:
Your computer may temporarily store copies of materials accessible on or through the Electronic Services in random access memory incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your web browser for display enhancement purposes.
You may print or download a reasonable number of pages of the Electronic Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution, except that you may provide a copy of pages of the Electronic Services that you print or download to your financial, legal, and tax advisers for the purpose of advising you. You may not modify any copy that you make of any materials, including by deleting or altering any copyright, Trademark, or other notice of proprietary rights.
You may download to your computer or mobile device, for your own personal, non-commercial use, a single copy of any application that we provide for download, as long as you agree to be bound by the end-user license agreement for that application.
If you wish to use any materials in the Electronic Services in any other way, please send your request to: [PTJTechSupport@jnsgrp.com]
Your use of any portion of the Electronic Services other than as set out in the Terms of Use is a breach of the Terms of Use and may violate copyright, Trademark, and other laws. Upon a breach of the Terms of Use, the Firm may immediately suspend or terminate your right to use the Electronic Services, and the Firm will determine, in its sole discretion, whether you will have to return or destroy any copies of materials that you have made in violation of the Terms of Use.
All Trademarks displayed in the Electronic Services are proprietary to the Firm, except that, if any Trademark of any third party is displayed in the Electronic Services, such items are the proprietary marks and names of their respective owners, and are protected by applicable law. Nothing herein or in the Electronic Services will be construed as granting, by implication, estoppel, or otherwise, any license, right or permission to use any Trademark displayed in the Electronic Services without the owner’s prior written permission. Unauthorized use of any Trademark displayed in the Electronic Services, is strictly prohibited.
You may not link the Electronic Services to any website, web page, or other resources without the Firm’s prior written permission.
INFORMATION PROVIDED IN THE ELECTRONIC SERVICES
The Electronic Services are intended, in part, to enable you to obtain information about your current investments. The Electronic Services may also contain information about investment opportunities. You should not construe any information in the Electronic Services as legal or tax advice. You alone bear responsibility for evaluating the information contained in the Electronic Services. You should seek the advice of professionals, as appropriate, to evaluate any opinion, advice, product, service, or other information in the Electronic Services. The information in the Electronic Services is intended to integrate with, not replace, the services and information provided by your financial, legal, and tax advisers.
DISCLAIMERS
Your use of the Electronic Services and their contents and functionality is at your own risk. You are solely responsible for any loss or damage arising out of or in any way connected with, or relating to, your use of, or inability to use, the Electronic Services.
The Firm makes the Electronic Services and their contents and functionality available to you on an “AS IS” and “AS AVAILABLE” basis with no warranties of any kind. To the fullest extent permitted by law, the Firm expressly disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including, without limitation, any warranties of suitability, merchantability, fitness for a particular purpose, title, or non-infringement.
Without limiting the foregoing, neither the Firm nor any person associated with the Firm makes any representation or warranty with respect to the completeness, security, reliability, quality, accuracy, usefulness, or availability of the Electronic Services, including, without limitation:
that information or content contained in the Electronic Services is complete, reliable, accurate, useful, up-to-date, or free from error. Any of the content in the Electronic Services may be out-of-date at any given time, and the Firm is under no obligation to update such content.
that the Electronic Services or the equipment that the Firm uses to provide the Electronic Services are secure, reliable, or free of viruses or other harmful components or materials. To the fullest extent permitted by law, the Firm will not be liable for any loss or damage caused by any viruses or other harmful components or materials that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Electronic Services or your downloading of any material from or through the Electronic Services or any linked website.
that your use of the Electronic Services will meet your needs or expectations.
that any text, images, video recordings, audio recordings, or other content created by someone other than the Firm that the Electronic Services contain (“Third-Party Content”) are complete, reliable, accurate, useful, up-to-date, or free from error. The Firm provides Third-Party Content only for your reference, and you should not rely on it for any purpose. Any opinions, advice, statements, or offers contained in Third-Party Content are those of the authors of the Third-Party Content and not of the Firm. The Firm does not undertake or assume any obligation to monitor Third-Party Content, and the Firm assumes no responsibility or liability that may arise from any Third-Party Content.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event will the Firm, its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, service providers, or licensors be liable for damages of any kind, under any legal theory, arising out of or in any way connected with, or relating to, your use of, or inability to use, the Electronic Services, any linked websites, or any content contained in the Electronic Services or in any linked website, including any direct, indirect, special, incidental, consequential, or punitive damages, including, without limitation, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. This limitation of liability does not apply to damages resulting from the Firm’s gross negligence or willful misconduct.
INDEMNITY
You agree that you will be solely responsible and liable for and will defend, indemnify, and hold harmless the Firm and its affiliates, licensors, and service providers, and their respective members, directors, officers, managers, employees, shareholders, agents, contractors, suppliers, licensors, successors, and assigns for, from and against all costs, expenses, losses, liabilities, and damages, including reasonable attorneys’ fees and costs of investigation, incurred as a result of any Claim by a third party that, if proved, would demonstrate a violation or breach by you of the Terms of Use or of your representations and warranties hereunder. The Firm reserves the right to take over the exclusive defense of any Claim by a third party for which the Firm is entitled to indemnification under this section, and, in that event, you will provide the Firm with all cooperation that the Firm reasonably requests.
REFERENCES TO PUBLICATIONS AND OTHER COMPANIES
References to any publication or any other company in the Electronic Services are for reference and informational purposes only and are not intended to suggest that any of such companies endorse, recommend or approve of the services, analysis, or recommendations of the Firm. News stories reflect only the author’s opinion and not necessarily that of the Firm.
LINKS TO THIRD PARTY WEBSITES
The Electronic Services may contain links to websites, web pages, or other resources provided and maintained by parties other than the Firm (“Third-Party Sites”). The Firm provides any links to Third-Party Sites only for your convenience. The Firm does not control Third-Party Sites, and the Firm assumes no responsibility or liability for the content or features of, or accessibility to, Third-Party Sites. The Firm is not responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to have been caused, by or in connection with your use of or reliance on any content, information, or services available on or through any Third-Party Site. If you choose to visit any Third-Party Site linked to the Electronic Services, you do so at your own risk and subject to the terms and policies of the Third-Party Site. The Firm’s inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators.
USE OF THE ELECTRONIC SERVICES BY NON-U.S. RESIDENTS
Unless otherwise specified, the Firm controls and operates the Electronic Services from its offices within the United States of America. The Firm provides the Electronic Services for use only by persons located in the United States. The Firm makes no claims that the Electronic Services or any of their content or functionality are available or appropriate outside of the United States. Access to the Electronic Services may not be legal by certain persons or in certain countries. If you access the Electronic Services outside of the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
CHOICE OF LAW/JURISDICTION
The laws of the United States and the State of New York, without regard to any principles of conflict of laws, will govern all disputes or Claims concerning or relating to the Electronic Services or your use of the Electronic Services. You hereby consent to the exclusive and personal jurisdiction and venue of the state and federal courts located in New York County in the State of New York, and you will not commence or prosecute any action except in the foregoing courts. Use of the Electronic Services is unauthorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including, without limitation, this paragraph.
UNAUTHORIZED USE OF INTELLECTUAL PROPERTY
The Firm respects the intellectual property rights of others. The Firm will respond to notices of alleged copyright infringement that comply with applicable law. If you are a copyright owner (or its agent) and you believe that materials accessible on or through the Electronic Services infringe your copyright, you may request that we remove the materials, or disable access to the materials, by submitting written notification in compliance with the Digital Millennium Copyright Act (the “DMCA”) to our Copyright Agent as set out below.
DMCA Notices
To comply with the DMCA, your written notice of alleged copyright infringement must include substantially the following:
The physical or electronic signature of a person authorized to act on behalf of the owner of the copyright infringed;
An identification of the copyrighted work you claim has been infringed, or, if you claim that multiple works have been infringed, a representative list of the works;
An identification of the materials that are accessible on or through the Electronic Services that you believe to be infringing and information that is reasonably sufficient for us to locate the materials;
Your contact information (such as your name, postal address, telephone number, and e-mail address, if you have one);
A statement that you have a good-faith belief that use of the copyrighted work in the manner of which you complain is not authorized by the copyright owner or its agent or under applicable law; and
A statement that the information in your notice is correct, and, under penalty of perjury, that the copyright owner has authorized you to act on its behalf in this matter.
You acknowledge that your notice may not be effective if it fails to comply with the requirements of the DMCA.
DMCA Counter-Notifications
If you believe that we have removed materials or that we have disabled access to such materials by mistake or misidentification, you may send a counter-notification to our Copyright Agent as set out below. To comply with the DMCA, your written notice must include substantially the following:
- Your physical or electronic signature;
- An identification of the material that was accessible on or through the Services that you believe was removed, or access to which was disabled, by mistake or misidentification, and the location at which the material appeared before it was removed or access to it was disabled;
- Your contact information (such as your name, postal address, telephone number, and e-mail address, if you have one);
- A statement under penalty of perjury that you have a good-faith belief that the material was removed or access to it was disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Consent to jurisdiction in the Federal District Court for the judicial district in which your address is located (or, if you reside outside of the United States, for any judicial district in which the Firm may be found), and a statement that you will accept service from the person or agent of the person who submitted the DMCA notice to the Firm in this matter.
We are permitted to restore the removed content if the party who submitted the DMCA notice to the Firm in this matter does not institute a court action against you within 10 business days of receiving a copy of your counter-notification.
Copyright Agent
You may send a notice or counter-notification under the DMCA by e-mail or by postal mail to:
[Copyright Agent
Jones Family Office
109 Royal Palm Way, Palm Beach, Florida 33480-4249
(203) 302-7400
PTJTechSupport@jnsgrp.com
Warning: If you knowingly materially misrepresent either that materials accessible on or through the Electronic Services are infringing your copyright, or that materials were removed or that access to materials was disabled by mistake or misidentification, you may be liable under the DMCA, for damages, including costs and attorneys’ fees.
GENERAL
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Firm as a result of the Terms of Use or your use of the Electronic Services.
The Firm’s performance of the Terms of Use is subject to existing laws and legal process, and nothing in the Terms of Use is in derogation of the Firm’s right to comply with law enforcement requests or requirements relating to your use of the Electronic Services or information provided to, or gathered by the Firm, with respect to such use.
If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use will continue in effect.
By using the Electronic Services, you represent and warrant that (i) you have the authority to enter into the Terms of Use and create a binding contractual obligation; (ii) you understand and intend the Terms of Use to be the legal equivalent of a signed, written contract and equally binding; and (iii) you will use the information accessible on or through the Electronic Services in a manner consistent with all applicable laws and regulations and in accordance with the Terms of Use, as the Firm may amend them from time to time.
The Terms of Use constitute the sole and entire agreement between you and the Firm with respect to the Electronic Services, and the Terms of Use supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Firm with respect to the Electronic Services.
No waiver by the Firm of any term or condition in the Terms of Use will operate as a further or continuing waiver of that term or condition or a waiver of any other term or condition, and no failure by the Firm to exercise, and no delay in exercising, any right or remedy under the Terms of Use will operate as a waiver of that right or remedy, nor will any single or partial exercise of any right or remedy preclude any other or future exercise of that right or remedy by the Firm.
You agree that, regardless of any statute or law to the contrary, any Claim arising out of or related to the Electronic Services or your use of the Electronic Services or any content contained in the Electronic Services is forever barred unless you file such a Claim within one (1) year after the Claim arose.
The heading of each section of the Terms of Use is for convenience of reference only and will be ignored in the construction or interpretation of the Terms of Use.