Terms of Use

TERMS AND CONDITIONS

Last Updated: February 21, 2025

Welcome to JOC Capital!

1. Introduction:

These Terms and Conditions of Use (“Terms,” “T&C”) govern your access to and use of the JOC Capital website with domains and their subdomains of https://johnathanoriental.com, https://jocgh.com and https://jocc.tech (the “Website”), owned and operated by Johnathan Oriental Corp. (“JOC Capital,” “we,” “us,” or “our”). By accessing or using the Website, you (“you” or “User”) agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Website.

2. Intellectual Property Rights:

All content on the Website, including but not limited to text, graphics, logos, images, videos, audio clips, data compilations, and software, is the property of JOC Capital or its licensors and is protected by Canadian and international copyright laws.

JOC Capital grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website and its content for your personal, non-commercial use only.

You are expressly prohibited from:

Copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the content on the Website for any commercial purpose without the prior written consent of JOC Capital.
Creating derivative works based on the content of the Website.
Using any data mining, robots, or similar data gathering or extraction methods.
Removing or altering any copyright, trademark, or other proprietary notices from the content.
Circumventing any technological measures used by JOC Capital to prevent or restrict access to the Website or its content.

3. User Content:

The Website may allow you to contact us or submit inquiries through forms or other interactive features. When you submit content through these features (“User Content”), you represent and warrant that:

(a) you own or have the necessary licenses, rights, consents, and permissions to submit the User Content and to grant JOC Capital the license granted below;
(b) the User Content does not and will not infringe upon or violate the rights of any third party, including but not limited to copyright, trademark, privacy, publicity, or other personal or proprietary rights;
(c) the User Content is not defamatory, libelous, obscene, pornographic, harassing, threatening, or otherwise unlawful; and
(d) the User Content is accurate and not misleading.

You retain ownership of any intellectual property rights that you hold in the User Content. By submitting User Content toJOC Capital, you grant JOC Capital a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with the operation of the Website and the provision of JOC Capital’s services, including but not limited to responding to your inquiries and improving our services.

JOC Capital reserves the right, in its sole discretion, to remove or refuse to display any User Content that it deems to be in violation of these Terms and Conditions or otherwise objectionable. JOC Capital is not responsible for any User Content submitted through the Website.

You agree to indemnify and hold harmless JOC Capital, as outlined in the Indemnification section of these Terms and Conditions, for any claims arising from your User Content.

4. Disclaimers:

The information provided on the Website is for general informational purposes only and does not constitute investment advice. JOC Capital uses AI-powered tools to enhance its services, but these tools should not be considered a substitute for professional financial advice. You should consult with a qualified financial advisor before making any investment decisions.

JOC Capital makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

5. Limitation of Liability:

To the fullest extent permitted by applicable law, JOC Capital, its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if JOC Capital has been advised of the possibility of such damages), resulting from:

(a) the use or the inability to use the Website or its content;
(b) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Website;
(c) unauthorized access to or alteration of your transmissions or data;
(d) statements or conduct of any third party on the Website;
(e) any reliance on content or information obtained from the Website, including any information generated by or provided through JOC Capital’s AI-powered tools; or
(f) any other matter relating to the Website or its content.

JOC Capital does not warrant that the Website will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected. JOC Capital does not warrant or make any representations regarding the use or the results of the use of the materials on the Website in terms of their correctness, accuracy, reliability, or otherwise.

You expressly understand and agree that your use of the Website and its content, including any AI-powered tools or insights, is at your sole risk. The Website and its content are provided on an “as is” and “as available” basis. JOC Capital disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Specific to AI-Powered Tools: JOC Capital’s AI-powered tools are intended to provide supplementary information and insights. They are not a substitute for professional financial advice. The information generated by these tools should not be considered a recommendation to buy or sell any security or to engage in any specific investment strategy. You acknowledge that any investment decisions you make based on information obtained from the Website, including AI-generated insights, are made at your own risk.

Specific to Financial Information: The information provided on this Website is for informational purposes only and does not constitute financial, investment, tax, or legal advice. You should not rely solely on the information provided on the Website when making financial decisions. Always consult with a qualified financial advisor, tax professional, or legal counsel, as appropriate, to discuss your specific circumstances and needs before making any financial decisions.

This limitation of liability applies regardless of the theory of liability, whether in contract, tort (including negligence), strict liability, or otherwise. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. In such jurisdictions, JOC Capital’s liability is limited to the greatest extent permitted by law.

6. Indemnification:

You agree to indemnify, defend, and hold harmless JOC Capital, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

(a) your use of the Website;
(b) your violation of these Terms and Conditions;
(c) your violation of any rights of a third party, including but not limited to copyright, trademark, privacy, or other intellectual property rights;
(d) any content you submit, post, or transmit through the Website;
(e) your reliance on any information or insights obtained from the Website, including information generated by or provided through JOC Capital’s AI-powered tools; and
(f) your violation of any applicable laws or regulations.

JOC Capital reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with JOC Capital in asserting any available defenses.

7. Governing Law and Dispute Resolution:

These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of laws principles.

Any dispute arising out of or relating to these Terms and Conditions, the Website, or the services provided by JOC Capital shall be resolved through binding arbitration administered by the ADR Institute of Canada, Inc. (“ADRIC”) under its Arbitration Rules. The arbitration shall be conducted in Toronto, Ontario, Canada, by a single arbitrator appointed in accordance with the ADRIC Rules. The language of the arbitration shall be English. The arbitrator’s decision shall be final and binding on both parties, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Notwithstanding the foregoing, JOC Capital may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or enjoin any actual or threatened infringement, misappropriation, or violation of its intellectual property rights or other proprietary rights.

You agree to waive any right you may have to participate in a class action lawsuit or class-wide arbitration against JOC Capital and its affiliates arising out of or relating to these Terms and Conditions, the Website, or the services provided by JOC Capital.

8. Termination:

JOC Capital reserves the right, in its sole discretion, to terminate or suspend your access to all or part of the Website, with or without notice and with or without cause, including, but not limited to, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions.

Specifically, JOC Capital may terminate or suspend your access upon any of the following events:

(a) a breach or violation of these Terms and Conditions or other incorporated agreements or guidelines;
(b) requests by law enforcement or other government agencies;
(c) a request by you (self-initiated account deletions);
(d) discontinuance or material modification to the Website (or any part thereof);
(e) unexpected technical or security issues or problems;
(f) extended periods of inactivity;
(g) engagement by you in fraudulent or illegal activities;
(h) nonpayment of any fees owed by you in connection with the Website or any services offered by JOC Capital;
(i) your provision of false or misleading information to JOC Capital;
(j) your use of the Website or its content in a manner that infringes upon the intellectual property rights of JOC Capital or any third party; or
(k) your use of the Website or its content for any commercial purpose without the prior written consent of JOC Capital.

Upon termination or suspension, regardless of the reasons therefore, your right to use the Website immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website.

JOC Capital shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

Termination of your access to and use of the Website shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to JOC Capital or any third party.

The provisions of these Terms and Conditions that by their nature should survive termination shall survive termination, including, without limitation, the provisions concerning Indemnification, Limitation of Liability, Governing Law and Dispute Resolution, and Intellectual Property Rights.

9. Changes to the T&C:

JOC Capital reserves the right, in its sole discretion, to modify or replace these Terms and Conditions at any time. If we make material changes to these Terms, we will post the revised Terms on the Website and update the “Last Updated” date at the top of this page. We may also, but are not obligated to, provide notice to you through email or a notification on the Website.

Your continued use of the Website following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes. You are responsible for regularly reviewing the most current version of the Terms and Conditions, which will be available on the Website.

If any modification is unacceptable to you, your only recourse is to cease using the Website.

10. Contact Information:

If you have any questions about these Terms and Conditions, or if you wish to contact JOC Capital for any legal matters, please use the following contact information:

JOC Capital

Email: legal@jocgh.com

Phone: +1 (416) 998-8876

Mailing Address:

1 Dundas St. W, Suite 2500

Toronto, ON M5G 1Z3

Canada

You can also contact us through the “Contact Us” form on our Website.

We endeavor to respond to all inquiries in a timely manner, but please note that response times may vary depending on the volume of inquiries received and the complexity of the request.