Privacy Policy | Jacob Powell Llc

Jacob Powell LLC (“we,” or “us”) makes this site and all associated site materials available for your access and use on the condition that you comply with these Terms of Service (“TOS”). “Site materials” means all services, information, data, documents (e.g. white papers, press releases, data sheets, FAQs, etc.), communications, downloads, files, text, images, videos, webcasts, tools, resources, products, or other content made available or enabled via this site by Jacob Powell LLC. Your obligations under this TOS include the obligation to abide by other terms and conditions (“Supplemental Terms”) that apply to specific Jacob Powell LLC services made available to you pursuant to a membership or any other product or service that you purchase, subject to the Membership Agreement. If a provision of any Supplemental Terms conflicts with this TOS, the provision of the Supplemental Terms will prevail in the context of the service, project, or product that is subject to the Supplemental Terms.

By accessing or using this site and/or the site materials, you agree to comply with this TOS and any relevant Supplemental Terms, and you certify that you are at least 13 years old, and that if you are between 13 and 18 years old, you have obtained the consent of your parent or legal guardian to use this site. Do not use or access the site if you do not agree to this TOS.

Ownership and Permitted Uses

The site, and all content and other elements available on or through the site, are the property of Jacob Powell LLC and/or its content providers, and are protected by the laws of the United States and other countries, including their copyright and trademark laws. Your use of the site does not transfer to you any ownership or other rights in the site or its content. The site may not be copied, reproduced, republished, uploaded, transmitted, modified, indexed, cataloged, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Jacob Powell LLC.

Types of Data Collected

While using Our Service, We may ask You to provide Us with certain personally identifiable information. Personally identifiable information may include, but is not limited to:

Email address
First name and last name
Phone number
Address, State, Province, ZIP/Postal code, City
Usage Data

Privacy and Handling of Your Personal Data

Jacob Powell LLC collects only the minimum personal information required to operate our service and ensure secure user access. We do not use personal data for marketing, advertising, or analytics.

Jacob Powell LLC does not sell, share, rent, or otherwise disclose your personal data to any third parties. Disclosure will only occur when required by law and only to the extent legally necessary.

Trademark Information

Jacob Powell LLC, logo design, and other marks and logos associated with Jacob Powell LLC products and services appearing on the site are trademarks, trade names and service marks owned by Jacob Powell LLC.

Settings Data

You agree to provide true, accurate, current complete information about your Dealership in the site’s settings form (the “Settings Data”). If we have reason to believe that you have failed to provide us with complete and accurate Settings Data, we may suspend or terminate your account and refuse any and all current or future use of any Jacob Powell LLC site or service. The Settings Data and other information that you provide to us or that we collect about you are subject to any and all Jacob Powell LLC policies.

Your Conduct

You agree that you will not use the site or any site materials, project, or service to:
(a) transmit spam, bulk, or unsolicited communications;
(b) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any transmitted content;
(c) misrepresent your identity, or affiliation with any person or entity;
(d) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to participate in the site or any site projects or services;
(e) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law;
(f) collect or store personal data about other users unless specifically authorized to do so by such users;
(g) resell or charge for the content from Jacob Powell LLC.

Your Submissions

All of your contributions and submissions (collectively, “submissions”) to the site and/or the site materials, and any site projects, activities, products, or services must comply with the applicable policies and guidelines. If you provide us with ideas, suggestions, or proposals through our suggestion, user comment, errata or feedback pages, or by other means, you acknowledge and agree that:
(a) your submission does not contain confidential or proprietary information and we are not obligated to keep it confidential;
(b) we are entitled to use or disclose the submission for any purpose and in any way;
(c) we already may be considering or developing something similar to your submission; and
(d) if we make use of all or part of your submission, you will not be entitled to any payment or other consideration.

Copyright Infringement Notices

Jacob Powell LLC respects the intellectual property rights of others, and we ask our users to do the same. If you believe that your copyrighted work has been copied and is accessible on a Jacob Powell LLC site in a way that constitutes copyright infringement, please send a written notice to our Copyright Agent that includes:

The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located, such as the URL where it is posted;
Your name, address, telephone number and email address;
A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Contact:
By telephone: 516-557-8655
By email: support@yankee-traders.net

Please note: In order to be effective, your notice must be in writing. This contact information is provided under notice requirements of the Digital Millennium Copyright Act and is solely for reporting copyright infringement.

Modification and Termination of Services; Amendment of Terms

Jacob Powell LLC reserves the right at any time to modify, suspend or terminate the site (or any portion of it), and/or your use of or access, with or without notice. Jacob Powell LLC will not be liable to you or any third-party for any modification, suspension, or termination of the site or the site materials. Jacob Powell LLC may amend this TOS at any time by posting the amended terms on this site, without notice to you. Your use of the site after such posting will constitute consent to the modified TOS. The current version of this TOS will always be available on this page. It is your responsibility to review this TOS from time-to-time in order to be informed of TOS modifications.

Assumption of Risk and Warranty Disclaimer

You agree to assume all risk in accessing and using the site or any site materials, and with respect to any activity or project that you undertake based on or utilizing the site or any site materials. You must take precautions (e.g., virus scans, etc.) to ensure that any content you access is free of viruses, worms or other potentially destructive elements. Jacob Powell LLC provides no assurances that the site or any site materials is or will be free of viruses, problems, or errors, nor assurances that any such issues will be resolved.

YOUR USE OF THE SITE AND/OR ANY SITE MATERIALS IS AT YOUR SOLE RISK. THE SITE AND ALL SITE MATERIALS, CONTENT, INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. JACOB POWELL LLC DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Liability Limitation

TO THE FULL EXTENT PERMITTED BY LAW, JACOB POWELL LLC IS NOT AND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA OR ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE OR ANY SITE MATERIALS, PRODUCTS, OR SERVICES, EVEN IF JACOB POWELL LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

General Provisions

This TOS constitutes the final, complete and exclusive agreement between you and us relating to the subject matter that it covers, and it supersedes all prior versions. You also may be subject to additional terms and conditions that may apply when you use Jacob Powell LLC products or services. If a Supplemental Term conflicts with this TOS, the Supplemental Term will prevail.

You and Jacob Powell LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Nassau, New York, U.S.A.

No failure to exercise promptly any right under this TOS will create a continuing waiver or any expectation of non-enforcement. If any provision of this TOS is held to be invalid by a court of competent jurisdiction, you agree that such provision will be replaced with a new provision that accomplishes the original purpose, and the other provisions of this TOS will remain in full force and effect.

You expressly understand and agree that any dispute, claim or controversy between you and Jacob Powell LLC arising out of or in connection with this TOS, or your use of the site, must be brought no later than one (1) year from the date the alleged claim occurred or arose.