165 Services - Privacy Policy and Terms Of Use

Privacy Policy and Terms Of Use

The Privacy Practices for JKH Holding Co., LC and its subsidiaries

1. Notice/Acceptance of Terms

By entering the website (Site) of JKH Holding Co., LC, a South Carolina corporation (JKH)you acknowledge and agree to the following terms and conditions. This Agreement governs your use of the Site, as defined below. Be sure that you carefully read and fully understand this Agreement. JKH is willing to provide you with access to the Site only on the condition that you accept all of the terms and conditions contained in this Agreement. Your use of the Site, including without limitation any of the products or services offered on the Site, will constitute your acceptance of, and agreement to be bound by, all the terms and conditions of this Agreement. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS THE SITE OR ANY PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE SITE.

You may print this Agreement or you can download this Agreement to your computer. To the extent that you use particular JKH services you are subject to the applicable agreements ("Supplemental Agreements") and any posted guidelines or rules applicable to such services. All such guidelines, or rules, are hereby incorporated by reference into this Agreement. Where a conflict exists between this Agreement and any of the Supplemental Agreements, the provisions of the applicable Supplemental Agreement shall govern.

The disclaimers, terms and conditions on these pages are of general application and may be supplemented by additional disclaimers, guidelines, rules, terms or conditions of specific application on any particular page of this Site.

JKH is a South Carolina corporation. Products and services provided throughout the Site are offered by the various operating subsidiaries and affiliates of JKH.

2. Description of Service / Non-Disclosure of Information

Your privacy is important to JKH and we adhere to a strict policy of confidentiality. JKH requires a written authorization from clients to disclose any account information to any and or all third parties, including but not limited to spouses, attorneys, CPAs, accountants, the IRS and any state taxing authority. To better protect your privacy we provide this notice explaining our online and other information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, JKH will make it available on our homepage and at every point where personally identifiable information may be requested. JKH currently provides users with no access to any online financial products, services, tools and tax preparation services. For current and former clients, JKH does not disclose any nonpublic personal information obtained in the course of our practice except as required or permitted by law. In order to use the Site, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content and pay any service fees associated with such access. System availability may be limited or unavailable for reasons which may include, without limitation, system performance. JKH makes no representations, warranties or assurances as to the availability of the Site.

3. License

Except as expressly provided otherwise in an applicable Supplemental Agreement, JKH grants you a personal, revocable, non-transferable and non-exclusive license to display on your computer, print, download and use the underlying HTML, text, audio clips, video clips and other content that is made available to you on this Site, for non-commercial, personal or educational purposes only provided that:

a. you do not (and do not allow any third party to) modify or create a derivative work of any such content; and

b. you include with and display on each copy of such content the associated copyright notice.

No other use is permitted. Without limiting the generality of the foregoing, you may not:

a. include such content in or with any product that you create or distribute;

b. reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the Site, use of the Site, or access to the Site;

c. establish: (i) a hyperlink, including without limitation a deep link, to any page or location on the Site; or (ii) a frame containing any portion of the Site, on any other Web site or text document with hyperlink capabilities; or

d. copy such content onto your or any other Web Site;

and may not direct any other person to do any of the foregoing.

You agree not to access the Site by any means other than through the HTML or other interface that is provided by JKH for use in accessing the Site.

Notwithstanding the above, nothing contained in this license shall be construed as conferring any right under any intellectual property of JKH, its affiliates or any other person who owns the intellectual property in the content provided on this Site.

4. Intellectual Property

JKH either owns or has obtained permission from the owner to use all of the content on this Site.

The names, graphics, logos, icons, designs, words, titles and phrases on this Site constitute trademarks, trade names, trade dress and associated products and services of JKH or its affiliates. The trademarks, trade names, trade dress and associated products and services represented on this Site are protected under United States and international law and their display on this Site does not convey or create any license or other rights in these trademarks, trade names, trade dress and associated products and services. Any use of them without prior written authorization of JKH is strictly prohibited.

The trademarks for all products or services mentioned on this Site which are not those of JKH, are the trademarks of their respective owners. The display of these trademarks or trade names on this Site does not convey or create any license or other rights in these trademarks or trade names. Any unauthorized use of them is strictly prohibited.

Any unauthorized copying, redistribution, reproduction or modification of the contents of this Site by any person may be a violation of federal or common law, trade-mark and/or copyright laws and could subject such person to legal action.

5. Modifications to Site

JKH reserves the right to modify, suspend or discontinue, temporarily or permanently, the Site (or any part thereof) from time to time, for any or no reason and without notice. You agree that JKH shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. The information and materials contained on the Site are subject to change.

6. Transactions with Third Parties

Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Site, including without limitation with respect to the payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such parties and are not binding upon nor constitute obligations of JKH. You agree that JKH shall not be responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind (collectively, "Claims") incurred as the result of any such dealings or as the result of the presence of such third parties on the Site, and you agree to indemnify JKH and its affiliates from and against any Claims incurred as the result of any such dealings.

7. Disclaimer of Warranties

Except as expressly provided otherwise in an applicable Supplemental Agreement, JKH disclaims any and all responsibility or liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability or availability of information or material contained on the Site. The Site may contain inaccuracies or typographical errors. JKH disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material in respect of the Site or the use thereof.

Any communications sent to you via this Site or otherwise from JKH (including without limitation in the form of newsletters, electronic mail or via telephone), and the contents of this Site (including without limitation any financial market data and tax information) are provided for informational and educational purposes only and are not intended to provide legal, investment, tax or accounting advice and should not be relied upon in that regard. Your financial and tax situation may be unique and therefore you should independently consult a tax advisor such as a JKH advisor in your nearest JKH office.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, JKH AND ITS DATA PROVIDERS will use reasonable efforts to include up-to-date and accurate information in this site but all PRODUCTS AND SERVICES OFFERED ON THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED. JKH AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES OFFERED ON THE SITE. JKH AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING WITHOUT LIMITATION ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING SUCH MATERIAL.

Some states do not allow the exclusion of implied warranties, so these exclusions may not apply to you.

8. Limitation of Liability

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, In no event shall JKH, ANY OF JKH'S AFFILIATES OR DATA PROVIDERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THE CONTENT OF THIS SITE (collectively the "Site providers"), be liable to YOU or any third party for any CLAIMS whatsoever, including without limitation direct, indirect, special, incidental, punitive OR consequential DAMAGES (including without limitation any lost revenues, lost profits, lost opportunities, loss of prospective economic advantage) arising out of or in connection with the use or performance of this Site, Any communications sent to you via this Site or otherwise from JKH (including without limitation in the form of electronic mail or via telephone), or information available from this Site, including without limitation any damages suffered as a result of omissions or inaccuracies in such information, the transmission of confidential or sensitive information to or from the Site providers, and inconvenience, delay or loss of use of the service, even if any one of or all of the Site providers is advised of THE possibility OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, the Site providers assume no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the content of this Site.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

9. Indemnification

You agree to indemnify and hold harmless JKH and its affiliates from and against any and all Claims arising out of or relating to: (i) User Content you submit, post to or transmit through the Site; or (ii) your violation of any rights of any other person in connection with the Site.

10. Other Agreements

Governing Law. This Agreement shall be governed by the laws of the State of South Carolina, without regard to conflicts of law provisions. The parties agree that the exclusive jurisdiction of any dispute arising out of, or relating to, this Agreement or any dispute arising out of, or relating to, this Agreement or services provided in connection therewith shall be in the state and federal courts located in the county of Charleston, State of South Carolina.

A. Entire Agreement.

This Agreement, along with any Supplemental Agreements, is the entire and exclusive agreement between the parties, and it supersedes all previous communications, representations or agreements, either oral or written, between them with respect to this subject matter. No representations or statements of any kind made by any employee or affiliate of JKH, which are not included in this Agreement, shall be binding on JKH or its affiliates.

B. Amendments.

Neither you nor JKH may modify or amend this Agreement in whole or in part without the prior written consent of both you and an authorized representative of JKH. However, JKH may replace its terms of service agreement from time to time and your subsequent use of the Site, or any content, programs or materials provided through the Site, will be subject in all respects to the terms and conditions of such terms of service in force at the time of such subsequent use.

C. Waiver.

No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and JKH. JKH's failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.

D. Severability.

If any provision of this Agreement is determined to be illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement.

E. Miscellaneous.

This Agreement shall inure to the benefit of JKH and its affiliates. Any and all references in this Agreement to JKH and its affiliates, including without limitation pursuant to Sections 7 and 8 shall, where the context so permits, include JKH's sister companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors and agents. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third party content or third party software on or through a link provided on the Site. JKH may assign its rights and duties under this Agreement to any party at any time without notice to you.

If you have any questions regarding our privacy policy, please contact us at our corporate offices, located at 4995 Lacross Road, Suite 1115, Charleston, SC 29406, (843) 576-2255.