Terms and Conditions

Please read these Terms and Service and our Privacy Policy carefully before accessing or making use of this website. All users of this website are conditioned upon acceptance of these Terms of Service and our Privacy Policy.

By clicking to indicate your acceptance or otherwise further access or use of any part of our website, you agree to be bound by these Terms of Service and our Privacy Policy.  If you do not agree to these Terms, you are not allowed to use this website. Any new or updated features or tools that are added to the current website shall also be subject to these Terms of Service. 

Definitions

"Our website" or "this website" - refers to www.joshuapearl.com which includes: all pages, sub-pages, sub-domains, and any associated web-based application (collectively, "Website") owned and operated by Joshua Pearl.

"We", "Us", and "Our"- shall be used interchangeably and shall refer to Joshua Pearl, its affiliates and/or subsidiaries, and any person or entities associated with Joshua Pearl.

"User" or "Users" or "You"- is a collective identifier that refers to a visitor of this website.

 “Services”- shall mean this website and its content.

“User Content”- collectively refers to all the data that users transmit while using our website.

 Legal Compliance

By using our Services, you agree to comply with all applicable local and international laws, statutes, ordinances, and regulations. We reserve the right to investigate reported violations of any of our operational Terms and to take necessary action we deem appropriate, including but not limited to canceling Services we render you, reporting any suspected illicit activity to law enforcement bodies, regulators, or other third parties.

CHANGE TO THESE TERMS

We reserve the right, at our sole discretion and without prior notice, to make additions, modifications, remove, or change portions/all these Terms at any time. Users will be notified about any changes through the website.

Changes will automatically be effective when posted unless we state otherwise. We urge Users to review the latest version of these Terms on this page any time they visit this website. Your continued use of our Services without reading these Terms and their subsequent updates any time you use our Services means your acceptance of the latest version of these Terms.

In cases of disputes, the version of this Terms of Service at the time we receive your dispute notice will be applicable in resolving your dispute with us.

These Terms of Service and our Privacy Policy shall govern should any other policies of ours conflict with any provisions of these Terms and our Privacy Policy.

ELIGIBILITY

Who is eligible to use our Services:  We are happy to have you use our Services, but our Services are limited to eligible Users.

  • You are not eligible to use our Services or a certain part of our Services if they are restricted in your jurisdiction. Using our Services in jurisdictions where they are restricted is at your sole risk, you are responsible for compliance with all local laws, rules, and regulations that may apply. Furthermore, we reserved the right to restrict your usage or impose additional eligibility requirements when necessary.

  • You are prohibited from further use of our Services if you have been suspended or banned from our Services. You can be eligible again if your suspension or ban is lifted at our sole discretion.

OWNERSHIP; USER LIMITED LICENSE

All contents provided to you through our Services are owned and licensed to Joshua Pearl. Our contents are trademarked, copyrighted, and have obtained worldwide intellectual property rights. All rights are reserved. Joshua Pearl, subject to your acceptance and abiding by these Terms grants you a limited license to use our website and its content. You agree not to use our website in any way that will tarnish our good public reputation or bring us any liability. We reserve the right to terminate, ban, and seek further legal actions against you if you breach any of these Terms.

 

YOUR ATTEMPT TO DISRUPT, MANIPULATE, HIJACK, HACK OR INTERFERE WITH THE SERVICES OR OPERATIONS OF Joshua Pearl WILL BE CONSIDERED A BREACH OF OUR OPERATIONAL POLICY OR VIOLATION OF CRIMINAL AND CIVIL LAWS.

 

Content of Users: Our Services permit Users to leave messages, etc. (All collectively referred to as "User Content") The User retains all rights to their User content except for (a) any content from the Services that may be incorporated in your User Content, and (b) the license you grant below, as between you and Joshua Pearl.

 

The User hereby grants a non-exclusive, unlimited, irrevocable, and perpetual license to Joshua Pearl to use the content freely, reproduce, prepare derivatives, distribute, use for marketing and promotions worldwide without any royalty owed to the User. To the extent permitted by law, the User waives all rights to future claims of the content, content authorship, or rights to limit the usage of the content by Joshua Pearl.

  • authentic and accurate.

  • not in violation of any local, federal, or international law.

  • not considered to be confidential.

  • not prohibited or in violation of any section of our Terms of service.

  • free of malicious codes, worms, spyware, trojans, viruses, ransomware, adware, etc.

 All contents transmitted to and on our Service by a User are not considered to be confidential or proprietary once transmitted. 

 User license to Joshua Pearl ends upon data deletion request by the User. However, there are certain conditions and certain contents we may not be able to delete which are: 

  • User contents that are licensed to Joshua Pearl under different license terms and agreements.

  • Contents a User shared with other Users which has been made public or have been stored privately.

We will take necessary steps to delete User Content from active use upon User request, this may include suppression of User content in our system. However, User Content may persist in our systems, including in backup copies. We may also retain copies of User Content if we reasonably believe it is legally required.

Comments transmitted within the public section of our Service (blogs, etc.) may be copied and stored outside our Service by other Users. We do not guarantee the safety of such User contents or ideas that were posted publicly, we urge Users not to post confidential or sensitive information in the public section of our Service.

We won't be liable for any inappropriate use of your content that was copied from the public section of our Service by other Users

We reserve the right at our sole discretion to delete User content that doesn't comply with our Terms and other applicable terms. If such User content infringes the intellectual property rights of a third party, we may disclose your identity to such third party upon their request. Furthermore, your identity may be disclosed at the request of law enforcement agencies, government bodies, or by a court of law.     

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of service, Users are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

THIRD-PARTY ADVERTISING

We may feature advertisements from third-party companies through links on our website, some of these third-party advertisements provide you promotional offers. Your decision to use those links is solely at your discretion, you agree to take full responsibility for your decision to use such third-party offers.

Our posting of third-party advertisements does not in any way constitute our affiliation, approval, or endorsement of such advertisements or their related offers. We do not have control of their business practices, the content posted on such sites, or the data they collect from you. Please endeavor to read their privacy policy page before making use of their services as they may or may not ask your permission before collecting that information.

You agree not you hold Joshua Pearl liable for any loss, harm, or damage arising from your decision to use such third-party advertisement links.

Our Privacy Policy explains what information we share with advertisers. Please read it.

 

COPYRIGHT NOTICES/COMPLAINTS

Joshua Pearl takes its intellectual property rights and that of others seriously and we require you to do so. We respond promptly to alleged copyright infringement notices in compliance with the US Digital Millennium Copyright Act (“DMCA”), the E-Commerce Directive and associated legislation in the EU, and similar or equivalent other local laws that may apply. We reserve the right to restrict a user that infringes the intellectual property rights of others (repeatedly) without notice.

 

FEEDBACK AND UNSOLICITED IDEAS

 We may require you to leave us feedback on certain features through a customer insights program. Your decision to leave feedback is optional but we would like you to do so. If we require feedback from you through a program, your feedback is subject to the guidelines of the specific program.

All feedback, information, or idea you send to us voluntarily is subject to our unsolicited ideas.

 

AVAILABILITY OF THE SERVICES; WARRANTY DISCLAIMER

 Our website may be temporarily unavailable from time to time for maintenance or other reasons.  Joshua Pearl assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, or communication failure. We reserve the right to suspend, withdraw, or restrict the availability of all or any part of our Services for business and operational reasons.

 

OUR WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS" BASIS, WITH ALL "DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. Joshua Pearl DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY USE OF OUR WEBSITE. Joshua Pearl MAKES NO REPRESENTATION THAT THE SITE OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. Joshua Pearl MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED THROUGH OUR SERVICE IS APPLICABLE OR APPROPRIATE FOR USE IN YOUR STATE OR COUNTRY.

BY USING OUR WEBSITE, YOU ACKNOWLEDGE THAT YOU DO SO AT YOUR OWN RISK.

 

LIMITATIONS; WAIVER OF LIABILITY

IN NO EVENT WILL Joshua Pearl BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, EVEN IF Joshua Pearl HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

GOVERNING LAW

These Terms and Conditions shall be governed by and construed by the laws of the state of New York.

SEPARATION OF TERMS 

Each of the paragraphs of these Terms operates separately. If any part of these Terms is not enforceable, the rest of these Terms still apply and are binding, and any unenforceable term will be substituted with a term that comes as economically close to the unlawful or unenforceable term as possible.

 

ENTIRE AGREEMENT 

These Terms, and any other policies or rules we reference in these Terms, make up the entire agreement between you and Joshua Pearl relating to the subject matter of these Terms and supersede all prior understandings of the parties relating to the subject matter of these Terms, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us.

 

LANGUAGE OF THE TERMS

Any translated version of these Terms of service is for informational use only. The translated version may not fully represent our position as it could mean something different from the English version. The English version remains the authentic version of these Terms.

 

NO WAIVER

Our non-enforcement of our rights under these Terms at any time does not mean we waived the right to do so in the future. And, if we do expressly waive a provision of these Terms, that does not mean we have waived it in perpetuity. If we do waive a default or breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later default or breach by you.

 

NOTICES

Notices will be posted on www.joshuapearl.com. All notices from Users must be in writing and addressed to investors@hickorylane.com unless we stipulate another specific means of sending us notices.

 

CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at investors@hickorylane.com.