Legal Disclaimer

User Agreements.
By entering our site you acknowledge your full compliance with all Federal and State laws - including COPYRIGHT, TRADEMARK and PATENT protection laws. You also acknowledge our entire USERS GENERAL PROVISIONS any misuse of our copyrighted content, etc. with be prosecuted to the full extent of the law.

Purpose.
We hereby grant to you and you accept access to JCB Capital Performance, Web site & Services. We provide to users services to facilitate greater understanding and application of products and services used in financial planning, risk management and portfolio management services.

Term.
The term of this Acknowledgement will begin with: any use of, communication with, and/or any and all services provided by JCB Capital Performance, Web site & Services. This Acknowledgment will remain valid so long as you have any association with JCB Capital Performance, Web site & Services.

Modification.
U.S. Federal and State laws and regulations change constantly, which causes changes in insurance, tax, retirement, asset and estate web site content and services. We maintain the right to revise or discontinue any facet of our service. This includes, but is not limited to, the content on our web site and our services, hours of operation, functionality, and pricing for our services. We reserve the right to change the terms of this Agreement, as we feel necessary. Any use of our service by you after notification serves as acceptance of our Agreement changes.

Conditions of Participation.
We reserve the right to refuse service to any applicant. Our responsibility is limited to your fees paid and your full and correct disclosure of information fully and accurately provided by you, and is contingent upon this agreement including our Cancellation policy. You agree to pay in full all fees for services provided by JCB Capital Performance. You shall not attempt to access any of our service systems or programs that are not made available for public use. Attempts to compromise our security measures or misuse of our service are a violation.

System Operation / Site Security.
This site's features have been thoughtfully designed to protect your information and to safeguard our servers and contents from unauthorized access. Because we value all of your personal account and other information, our continuous commitment is to make certain that your Internet access to our site will always remain safe and secure.
Secure Sockets Layer / Encryption
- We use a secure transmission protocol called SSL Release 3.0 on our web server to provide server authentication and data encryption.
- Our web server secures the Internet's HTTP session by encrypting the flow of information between your browser and our web server. During transmission, a secret encryption code is used to scramble your account and other content information into a numeric format. This encrypted information is unscrambled by a decryption code when it reaches its end point. A key, modified on a regular basis and only know by us, is required to decode the information.
- Currently, 128-bit encryption is the strongest encryption available and provides the greatest protection when passing financial or personal information over the internet. However, our web server's settings will also honor requests from browsers that are not enabled for 128-bit encryption.

Public Disclosure.
The Copyright, Trademark, Patent, Cancellation policy and Legal Disclaimer provisions applicable JCB Capital Performance, Web site & Services (World Wide Web sites) apply to access and use of JCB Capital Performance.

Ownership.
This Agreement may be terminated by JCB Capital Performance or you at any time, which termination shall be effective upon notification of termination. Upon notification of termination all fees owed to JCB Capital Performance must be paid in full. The content on our web site and the services we provide are the exclusive property of JCB Capital Performance. Billing: JCB Capital Performance uses Paypal and/or other forms of payment for credit card transactions. Permissible Use: Users of JCB Capital Performance, Web site & Services shall comply with all applicable federal, state and other laws, rules and regulations. You will not intentionally cause any damage to or delay or interrupt the operation of the JCB Capital Performance, Web site and/or Services. Upon any termination you may no longer be permitted to use any of our services and all services granted hereunder will terminate. You are responsible for the access of, and maintenance of all equipment used in conjunction with our service. This includes all computers, software, and any communication equipment used for our service. You agree that you will not assign, sublicense, transfer, pledge, lease, rent, or share your rights under this Agreement. The service is provided hereunder solely for your personal use. The service may be used only for its intended purpose, and may not be used to advise others in a consulting role ("Professional Basis"). We have no responsibility or liability for damages or claims relating to any use of the service on a Professional/Non-Professional Basis by those non-affliated with JCB Capital Performance.

Information Disclosure / Privacy Policy.
We collect nonpublic personal information that you provide, such as your name, address and various inputs as needed in our applications. Once you have accepted this agreement, we will use the information to review the application, and quantify any necessary fees and provide you with information via e-mail, phone or in person about your application, our services, status and other issues that directly affect the products and services you have purchased. We may also use your e-mail address to inform you of deadlines, changes, opportunities, risks and/or products and services that may affect your financial position. Privacy Policy: We do not share or sell any information provided by you with any third party. JCB Capital Performance is committed to protecting your privacy. We place a high priority on maintaining the confidentiality and security of the personal and account information that you share with us in the normal course of doing business. This privacy policy describes the collection, disclosure, and safeguarding of your nonpublic personal information. Information Collection: The information we collect is limited to that which is required to provide you with customized financial services and products. This includes personal and financial information that we receive directly from you electronically, in writing, by phone, or any other means. Disclosure of Information: We do not disclose nonpublic information about you to anyone, except as directed by you, as necessary to service your account or process a transaction, or as otherwise permitted by law. Your customer information is never sold to anyone. Information may be shared within JCB Capital Performance in the course of your choosing certain products and services that meet your specific needs. We may also share information, as a normal part of business operations, with companies that perform billing services for JCB Capital Performance. In all such instances, your information is strictly protected and is used only for its intended purpose. Additionally, we may provide information about you to third parties, such as in response to a subpoena or to comply with an inquiry by a governmental agency, regulator, or law enforcement authority. Protection of Information: We maintain physical, electronic, and procedural safeguards that comply with federal standards to protect your personal information from unauthorized access or use. We restrict access to your personal and account information to those employees who need to know that information in order to provide products and services and to you. All employees are required to protect and maintain the confidentiality of your information in accordance with our policies and procedures. Additional Information: If you decide to close your account(s) with us or become an inactive customer, we will continue to adhere to the privacy policies and practices described in this notice.

Notices.
All notices provided under this Agreement shall be provided by e-mail.

The terms and conditions of any agreements involving JCB Capital Performance that are entered into by individuals, organizations, their users or their representatives apply to the use of JCB Capital Performance, its Web site & its Services as well as: James C. Brandon, all of JCB Capital Performance's owners, partners, employees and any and all business partners for the services rendered hereunder.

Limitation of Liability. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED FOR HEREIN, JCB Capital Performance EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. JCB Capital Performance SHALL NOT BE LIABLE FOR ANY DAMAGES CLAIMED BY USER AND/OR A THIRD PARTY, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF JCB Capital Performance, Web site & Services, EVEN IF THE DAMAGES ARISE FROM MALFUNCTION OF JCB Capital Performance, Web site & Services, BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, JCB Capital Performance IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS OR DAMAGES ARISING FROM THE USE OF JCB Capital Performance, Web site & Services, EVEN IF THE DAMAGES ARISE FROM A FUNCTION OF JCB Capital Performance, Web site & Services, UNLESS DUE TO WILLFUL TORTIOUS MISCONDUCT OR GROSS NEGLIGENCE, JCB Capital Performance HAS NO LIABILITY IN TORT, CONTRACT OR OTHERWISE (AND AS PERMITTED BY LAW, PRODUCT LIABILITY), TO USER AND/OR ANY THIRD PARTY. JCB Capital Performance SHALL UNDER NO CIRCUMSTANCES BE LIABLE TO USER, AND/OR ANY THIRD PARTY FOR LOST PROFITS OR LOST OPPORTUNITY, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF JCB Capital Performance HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. JCB Capital Performance's SOLE LIABILITY FOR DAMAGES CLAIMED BY USER OR PARTICIPANT ARISING FROM THE USE OF THE JCB Capital Performance, Web site & Services ARE LIMITED TO THE REFUND OF FEES PAID BY PARTICIPANT. SOME U.S. STATES PROVIDE RIGHTS IN ADDITION TO THOSE ABOVE OR DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR THERE MAY BE STATE PROVISIONS WHICH SUPERSEDE THE ABOVE.

Disputes. Any and all legal disputes will be settled by binding arbitration in Contra Costa County, CA pursuant to the JAMS Arbitration Administration Policies.

Severability. Any clause of this Agreement declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder. The terms of the Agreement may only be amended in writing signed by James C. Brandon and are governed by Federal laws and the laws of the State of California.

We reserve the right to periodically change the privacy policy. Such changes will be placed on our web site, and you agree to assume responsibility to review any and all privacy notices posted there.