Terms & Conditions

Terms and Conditions

Website Terms of Service Agreement

 

Thank you for visiting the Jay Williams (“Williams;” “we”, “us” and “our”, as applicable) website, located at www.401jay.com (the “Site”). Your use of the Site, and the information, materials, text, images and other content hosted on the Site, is subject to the terms and conditions below, which we may revise from time to time without notice (“Terms and Conditions”). By accessing the Site, you acknowledge and agree, without limitation or qualification, to be bound by these Terms and Conditions. Please read these Terms and Conditions carefully and refer back to them from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to these Terms and Conditions as such amended terms shall be binding upon you.  If at any time, if you do not agree to be bound by the Terms and Conditions contained herein, you must cease all use of the Site.

 

Privacy Information

 

1.         By visiting or using this Site, contacting us through this Site or making submissions to the Site, you consent to our collection and use of personal information as discussed in our Privacy Policy, which is hereby incorporated into these Terms and Conditions.  A copy of the Privacy Policy can be seen below. 

 

Disclaimer of Content

 

2.         The information on the Site constitutes Williams’ own opinions. None of the information contained on the Site constitutes a recommendation that any particular security, portfolio of securities, transaction, or investment strategy is suitable for any specific person. You understand that Williams is not advising, and will not advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the information contained on the Site may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.

 

3.         From time to time, Williams or its affiliates may hold positions or other interests in securities mentioned on the Site and may trade for their own account(s) based on the information presented. Williams’ may also take positions inconsistent with the views expressed in its messages on the Site.

 

4.         Williams may hold licenses with FINRA, the SEC or states securities authorities and these licenses may or may not be disclosed by Williams on the Site. Williams may also hold professional designations with various governing bodies, including but not limited to the CFP Board, fi360, and the Investments & Wealth Institute.

 

5.         Any information discussed on the Site may be risky and speculative. The companies may have limited operating histories, little available public information, and the stocks they issue may be volatile and illiquid. Trading in such securities can result in immediate and substantial losses of the capital invested. You should use invest risk capital, and not capital required for other purposes, such as retirement savings, student loans, mortgages or education.

 

 

Consent and Site License

 

6.         This Site and its related services are intended only for use by those who are 18 years of age or older and of the age of majority in the jurisdiction in which they reside.  If you are not 18 or older, and of the age of majority in the jurisdiction in which you reside, you cannot use this Site without the accompaniment and supervision of your parent or legal guardian.  If you are a parent or legal guardian, you agree that you will monitor and supervise the use of this Site by children, minors and others under your care, and you agree to be responsible for their use of this Site.  Any use of this Site by persons not of the age of majority in the jurisdiction in which they reside and without parental consent can result in immediate termination of your use of this Site and/or any affiliated services. 

 

7.         We grant you a limited, nonexclusive and revocable license to make use of the Site, including on any mobile devices you may own.  You may view, copy, download or print materials from this Site for your own internal use.  In this context, “internal use” does not include posting, uploading or otherwise publishing the materials to any other site absent our express written permission.  This license does not include any rights not specifically enumerated herein.  You agree to use this Site only for lawful purposes and in accordance with the terms and conditions contained herein.

 

8.         Without altering the scope of the license, and except as expressly provided for in these Terms and Conditions, this license does not include the right (a) to modify, adapt, translate, copy, reproduce, imitate, distribute, publish or resell the Site or any of the content on the Site, including but not limited to the trademarks and copyrights of Williams and its affiliates, or to make derivative use of the Site or its contents; (b) to make commercial use of the Site or any of its contents; (c) to bypass any technical measures used to prevent or restrict access to any portion of the Site; (d) to reverse engineer, decompile or disassemble the Site, or to convert into human readable form any of the contents of this Site not intended to be so read, including but not limited to using or directly viewing the underlying code for the Site except as interpreted and displayed in a web browser; (e) to use any data mining, robots, or similar automated data gathering and extraction tools to access the Site; (f) to violate or attempt to violate the security of the Site, (g) to interfere with or attempt to interfere with the proper working of the Site or otherwise engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Williams or users of the Site or expose them to liability; (h) to alter or modify, or attempt to modify, any part of the Site; (i) to attempt to gain unauthorized access to any portion of the Site or any systems or networks connected to the Site through hacking, cracking, mining, phishing or any other means; or (j) to use reports, content, electronic documentation or other materials available on the Site to feed any downstream product, application or website.  

 

9.         You agree not to use the Site for any purpose that is unlawful or prohibited by These Terms and Conditions or to solicit the performance of any illegal activity, to stalk or harass other users of the Site, or to engage in any other activity which infringes the rights of Williams or any other third parties.  You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any systems or networks connected to the Site. 

 

10.       You acknowledge that your use of this Site is at our sole discretion, and your license to use the Site may be terminated by us at any time, for any reason or for no reason.  We reserve the right, in our sole discretion, to refuse service, to block or prevent future access to and use of this Site, and to alter or delete any material submitted to the Site.  Following termination of this license, these Terms and Conditions shall still apply to the extent practicable.

 

Intellectual Property Rights

 

11.       Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips, text and other material, is the property of Williams or its suppliers, licensors, partners or affiliates and is protected by United States and International copyright laws.  Any and all content on this Site is either the property of Williams or is used by us with the permission of its owner.  The compilation of this Site is the exclusive property of Williams and is protected by United States and International copyright laws.  You agree that you will not take any actions inconsistent with Williams’ ownership of the Site and its content. 

 

12.       The trademarks, logos, and service marks displayed on this Site are owned by Williams and other third parties, and this Site’s trade dress is owned by Williams.  All trademarks not owned by Williams are the property of their respective owners, and, where used by Williams, are used with permission.  Nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark.  Williams’ trademarks and/or trade dress may not be copied, imitated or used, in whole or in part (including use in metatags or in hidden text), without Williams’ prior written permission.  You agree that you will not take any actions inconsistent with Williams’s ownership of, or any third party’s ownership of, the trademarks and trade dress used on this Site.

 

13.       Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. 

 

14.       If you voluntarily provide any contact information when using the Site, then we may use that information to communicate with you. If you wish to opt-out from receiving e-communications, please email jwilliams@mc-ws.com with the details of your opt-out request. Please allow up to 10 business days before the unsubscribe takes effect.

 

On-Line Payments

 

15.       In order to make payments online, you must submit the necessary contact and payment information, including, without limitation, your name, address, credit card information and email. You are responsible for the accuracy of the payment information supplied by you to Williams and its affiliates. By providing such information s, you represent that any information or materials provided by you shall be accurate, complete and correct and that you shall have lawful right to provide such information for use in receiving your payment. In order to make payments online using the payment method displayed on the Site (e.g., VISA, MasterCard, etc.), you must be 18 years of age or over. By using the Williams or Williams’ affiliates’ payment method, you confirm that you possess the legal authority to enter into the conditions of use for the Site, including, without limitation, instructing Williams or its authorized vendors to collect any payments from a credit or debit card, and to use the Site in accordance with all terms and conditions of these Terms and Conditions. Billing to your credit card occurs at the time of purchase or payment or shortly thereafter. You agree that you are responsible for all charges incurred by your use of the Site and you expressly authorize Williams to charge the card provided by you for any payment submitted online via the Site.

 

Site Promotions

 

16.       We are not responsible for typographical or other errors or omissions regarding products, services prices or other information provided on this Site.  All product and/or service sales and promotions are subject to these Terms and Conditions, in addition to any other terms that may apply.  Promotional offers and prices are available for a limited time as specified on the Site.  Prices, promotions and availability are subject to change without prior notice. 

 

 

Links to Third Party Sites

 

17.       This Site may contain links to third-party websites or other resources, which we may have no direct control and all of which may have their own set of rules and guidelines for usage of their sites and services.  We have not reviewed the accuracy of the content of any linked third party site.  No endorsement of any such linked third party site is made, either express or implied.  Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and that we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.  You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such site or resource.  Use of such links is at your own risk.

 

Disclaimer of Warranties; Indemnification; Resolution of Disputes

 

18.       Williams provides this Site and the associated goods and services in connection with one or more affiliated companies and third party agents.  Any terms and conditions related to the disclaimer of warranties, your obligation to indemnify Williams, and your available remedy in the event of any dispute apply equally with respect to these affiliated companies and agents.

 

19.       THIS SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY WILLIAMS ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WILLIAMS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH.  TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WILLIAMS DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE.  FURTHER, WILLIAMS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.  WILLIAMS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT, PHOTOGRAPHY, OR ANY OTHER CONTENTS ON THIS SITE.  WILLIAMS DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR COMPUTER CODE THAT MAY BE TRANSFERRED TO YOUR COMPUTER WHEN DOWNLOADED.  IF YOUR USE OF THE WEBSITE AND OF THE CONTENT CONTAINED THEREIN RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, WILLIAMS IS NOT RESPONSIBLE FOR THOSE COSTS.   

 

20.       BY USING THE SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK.  WILLIAMS DOES NOT WARRANT OR GUARANTEE THAT ITS SERVICES WILL PROVIDE ANY DESIRED RESULT OR THAT ITS SITE, SERVERS OR EMAILS SENT BY OR ON BEHALF OF WILLIAMS ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS.  FURTHER, WILLIAMS DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND WILLIAMS OR BETWEEN YOU AND ANY OTHER USER OF THE SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.

 

21.       WILLIAMS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF WILLIAMS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.  WITHOUT LIMITING THE FOREGOING, WILLIAMS WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF THIS SITE, OR FROM YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON WILLIAMS’S COMPUTERS AND/OR SERVERS.  WILLIAMS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT YOU ALLEGE ARISE OUT OF OR ARE RELATED TO YOUR USE OF WILLIAMS’S SERVICES.  IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WILLIAMS, ITS PARENT, SUBSIDIARIES OR AFFILIATES — WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY — ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED A MAXIMUM OF $100.00.

 

22.       CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

23.       You agree to indemnify, defend and hold harmless Williams, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees, from and against any claim, demand, damages, cost and expenses, including reasonable attorney fees, arising from or related to your use of this Site and the services provided in connection with the Site, or your breach of any provision of these Terms and Conditions or any warranty provided hereunder. 

 

24.       You agree that if you are dissatisfied with the Site or any services offered in connection with the Site, if you do not agree with any part of these Terms and Conditions, or you have any other dispute or claim with or against Williams with respect to these Terms and Conditions or the Site, your sole and exclusive remedy is to discontinue using the Site and any services offered in connection with the Site.

 

25.       This Site is created and maintained by Williams in the State of Ohio.  You agree that the laws of the State of Ohio, without giving effect to any principles of conflicts of laws, will govern these Terms and Conditions and any dispute of any sort that may arise between you and Williams or its affiliates. 

 

26.       Regardless of where you access this Site, you agree that any action or proceeding arising out of these Terms and Conditions or your use of the Site and/or services, whether at law or in equity, must be brought in the state or federal courts located in Hamilton County, Cincinnati, Ohio and you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts. 

 

27.       You further agree to file any cause of action with respect to these Terms and Conditions within one year after the cause of action arises.  You agree that a cause of action filed after this date is barred.

 

General Information

 

28.       These Terms and Conditions represent the entire understanding between the parties regarding your use of the site, and supersede all other agreements, express or implied, between them.  These Terms and Conditions shall not be modified except as provided for herein or except in writing, signed by an authorized representative of Williams.  If any provision of these Terms and Conditions is determined to be invalid or unenforceable for any reason whatsoever, then that provision shall be fully severable from these Terms and Conditions and shall not affect the legality, validity, or enforceability of the remaining provisions of these Terms and Conditions.  Williams’s failure to act with respect to a breach of These Terms and Conditions by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under these Terms and Conditions.

 

29.       A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

30.       Any rights not expressly granted herein are reserved.

 

Contact Information

 

If you have any questions or suggestions regarding these terms and conditions, please contact us at:

129 Summers St, Suite 200; Charleston WV 25301

jwilliams@mc-ws.com

Last Updated :8/19/2019


Privacy Policy

PRIVACY POLICY - COMMITMENT TO YOUR PRIVACY

The Effective Date of this Privacy Policy is August 1st, 2019.  [If changes are ever made to the policy after first posted, add this line:  “The current version of this Privacy Policy includes revisions made through August 1st, 2019.”]  This version of the policy replaces and supersedes any prior privacy policies applicable to this website. 

 

SUMMARY AND CONTACT INFORMATION

I, Jay Williams, (referred to as “Williams”) recognize the importance of protecting the privacy of individual-specific information ("Information) collected about our customers, visitors, and prospective customers or visitors (referred to as "Customers," “Visitors,” "you" or "your").  At Williams, it is our intention to give you as much control as possible over your privacy in regard to your Information and the use we make of it in the course of your use of our website(s) located at www.401jay.com (referred to as "Website" or "our Site") and the Williams services offered through our Site.  This Privacy Policy describes how we handle information we learn about you from our Website.  It describes the types of information we collect and explains what we do with that information.  If you have questions about this policy or wish to contact us, we can be reached via any of the following:

 

129 Summers St, Suite 200; Charleston, WV 25301

Phone: 304-346-3700

Email: jwilliams@mc-ws.com

 

COLLECTION AND USE OF INFORMATION

Williams is the sole owner of the information collected on this Website.  We collect information from our visitors in a number of different ways, as detailed below.  The information we collect depends on what you do when you visit our Site.  Please note that we do not collect personally-identifying information about you, including your name, email address, telephone number or postal address, when you visit our Site, unless you choose to provide such information to us by subscribing to services (that we may offer from time to time) and/or contacting us regarding the Site or our services.  If at any time you do provide us with such information, we will collect it.

Voluntary Submissions

You may provide information through optional and voluntary submissions. These are voluntary submissions to access and use the Williams services and to provide Williams with your feedback. All feedback provided to Williams will be used in anonymized form and for the sole purpose of improving Williams services. You can also provide information on our Site to contact Williams and his employees to get further information relating to Williams programs or services. 

Log Files and Analytical Information

For each visitor to our Website, we may automatically gather certain information and store it in log files.  This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.  We may collect and store this information on an individual basis and in aggregate, or combined, form.  We may also collect both user-specific and aggregate information on what pages visitors’ access or visit.  We use this information to analyze trends, to administer the site, to track users’ movements around the site, and to gather demographic information about our user base as a whole.  We also use this information to improve the content of our web pages, and to customize the content and layout of our pages.  All of this is done with the intention of making our Site more useful to visitors.  We do not correlate this information with data about individual users.

We may use one or more third-party tracking services to track non-personally identifiable information about visitors to our Site in the aggregate.  These third-party services may use JavaScript, pixels, transparent GIF files, and other means to enable us to learn which advertisements bring users to our Website.  Any information we track in this manner is anonymous, limited to usage and volume statistics, and is used to provide insight into the effectiveness of our online marketing initiatives and strategies. 

We do not divulge any information about an individual user to a third party unless it is in connection with Williams’ programs or services.

Cookies

We may use both session cookies and persistent cookies on this site.  A cookie is a small text file that is stored on a user’s computer for record-keeping purposes.  We may link the information we store in cookies to your personal information in order to provide a faster and more pleasant online experience.  You can refuse cookies by turning them off in your browser.  If you've set your browser to warn you before accepting cookies, you will receive the warning message with each cookie.  You do not need to have cookies turned on to use this site.  If you reject cookies, you may still use our site, but your ability to use some areas of our site will be limited.

We may use session cookies to make it easier for you to navigate our site.  We use session cookies to record session information, such as which web pages a user has visited, and to track user activity on the site.  Session cookies expire when you close your browser.

We also may use persistent cookies to track and target the interests of our users to enhance the experience on our site.  Persistent cookies remain on your hard drive for an extended period of time.  You can remove persistent cookies by following directions provided in your browser’s “help” file.

CAN-SPAM

We reserve the right to send you informational email messages about any administrative notices regarding the Site and App, as permitted under the CAN-SPAM Act (15 U.S.C. §7701 et seq.). 

PRIVACY OF CHILDREN

We do not intentionally collect personally identifiable information from users of this site who are under the age of thirteen without parental consent. If we become aware that a user of the site is under the age of 13 we will remove that child’s personal information from our files, in accordance with the federal Children's Online Privacy Protection Act of 1998.

THIRD PARTY SITES

This Privacy Policy applies only to information collected by this Website.

From time to time, this Website may link you to other sites (“Linked Sites”) that are not owned by Williams.  We do not control the collection or use of any information, including personally-identifying information, which occurs during your visit to the Linked Sites.  Further, we make no representations about the privacy policies or practices of the Linked Sites, and Williams is not responsible for the privacy practices of these Linked Sites.

Be careful of disclosing any of your personally identifiable information when leaving our Site.  We encourage you to be aware when you leave our Site and to read the privacy statements of each and every website that collects personally identifiable information.

CHANGES TO THIS POLICY

From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice.  If our information practices change materially at some time in the future, we will post the policy changes to our Website.  If we have collected personally-identifying information from you, we will notify you about the changes prior to making use of your information in new ways and will provide you with a reasonable opportunity to opt out of the new procedures before they are implemented.  We will also honor opt out requests made following implementation of the new procedures, as discussed above. 

QUESTIONS/CONCERNS

If you believe that this Site is not following its stated information policy, you may contact us at the above address, or state or local chapters of the Better Business Bureau.

 

CONSENT

By using this site, you consent to the collection and use of this information by Williams. If we decide to change our Privacy Policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.


Common Sense

Full Disclosure: Nothing on this site should ever be considered to be advice, research or an invitation to buy or sell any securities.