TERMS AND PRIVACY

TERMS AND PRIVACY

INTRODUCTION

JMFA (John M. Floyd & Associates, Inc.) is committed to the highest standards in safeguarding and using your confidential personal and/or business information. This Policy discloses the terms of use and privacy policies of JMFA regarding the collection, use and disclosure of information you submit to us through this Website.

This Website and its contents are the property of John M. Floyd & Associates, Inc. We welcome any questions or comments you have. We are available from 8-5 CST, M-F and can be reached at 713-490-6960, or email.

USER CONSENT

By accessing or otherwise using the Website, you agree to the terms and conditions of this Privacy Policy, which is incorporated into and forms a part of the Website’s terms of service. You expressly consent to the processing and use of your information as described herein.

You acknowledge that you own, or are solely responsible for, or otherwise control all of the rights to the content that you provide to JMFA or upload to this Site; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify JMFA  for all claims resulting from content you supply.

JMFA reserves the right to monitor its Website with the right to delete or modify any posts that it deems offensive, inappropriate, advertising, illegal, off-topic, or otherwise do not conform to these Terms of Use. JMFA further reserves the right to terminate a user’s access to the Website, Content, or Services, for violation of these Terms of Use, at its sole discretion. JMFA reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. JMFA has no liability or responsibility to users of the JMFA Website or any other person or entity for performance or nonperformance of the aforementioned activities.

TYPES OF INFORMATION COLLECTED

We collect certain “Personal and/or Business Information” about you which may include but is not limited to, information that is personally identifiable such as your name, e-mail address, business, and other non-public information. The information is solely for the use of JMFA and will not be sold to third parties. We also collect as “Anonymous Information,” which is information that is not associated with or linked to your Personal Information and does not, based on our understanding, permit the identification of individual persons.

COLLECTION OF PERSONAL AND/OR BUSINESS INFORMATION

We collect Personal and/or Business Information you voluntarily submit to us through the Website. It is optional for you to utilize this Website. If you elect to utilize certain aspects of this Website, we may ask you to provide us with certain personal and/or business information about yourself, such as your first and last name, mailing address (including zip code), company name, email address and telephone number as well as other non-public data. Additionally, we reserve the right to collect any other information that you voluntarily enter.

COLLECTION OF ANONYMOUS INFORMATION

We use technology to passively collect and store certain anonymous information that is not tied to a specific identified user which may include, but is not limited to your Internet protocol address, browser type and operating system. We, or our authorized third-party representatives may use Cookies and navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit, the site you immediately came from and the site you immediately go to after accessing the Website. It will also collect data about the use of the Website including what programs, applications, advertisements and terms you searched, viewed or clicked. Should you be directed to any other site from the Website, we are not responsible for the acts of other sites and this Privacy Policy does not apply to that site.

We may engage in remarketing to market our sites across the web. When a user visits our site, a cookie is dropped on the user. Users with this cookie may be targeted across advertising networks to receive relevant advertisements.

ABILITY TO UNSUBSCRIBE

Should you receive a promotional email from us, you may “opt-out” of receiving additional promotional email communications from us by following the “unsubscribe” instructions on the emails. You may also contact us via email. This applies to promotional communications and not administrative communications we feel are necessary to provide the services on the Website.

DISCLAIMER OF GUARANTY OF SECURITY

We believe we have taken reasonable steps to protect your Personal Information. No one can fully guarantee or fully eliminate all risks associated with Personal Information and we make no such guarantees.

DIGITAL MILLENNIUM COPYRIGHT ACT

JMFA respects the intellectual property of others and takes claims of copyright infringement seriously. JMFA will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any material (including data) located on or available through the Company’s services, including its website or site, infringes your copyright or is the subject of infringing activity, you may request that JMFA remove or disable access to such material by submitting written notification to the copyright agent JMFA has designated with the United States Copyright Office (“Copyright Agent”) at the following address:

DMCA Complaints
John M. Floyd & Associates, Inc.
1415 N. Loop West, Suite 500
Houston, TX 77008
Phone: +1 713-460-6960
Email

In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), your written notification must include substantially the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If your written notification fails to substantially comply in supplying the information required under the DMCA, your written notification may be ineffective. Our Agent will promptly attempt to contact you or take other reasonable steps to assist in the receipt of notification that substantially complies.

Please be aware that if you knowingly materially misrepresent that material or activity on the site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

If you believe that material on the site was removed or access to it was disabled by mistake or misidentification, you may request that JMFA replace the removed material and cease disabling access to it by submitting a written counter-notification to our Agent at the following address:

DMCA Complaints
John M. Floyd & Associates, Inc.
1415 N. Loop West, Suite 500
Houston, TX 77008
Phone: +1 713-460-6960
Email

Pursuant to the DMCA, your written counter notification must include substantially the following:

  1. Your physical or electronic signature.
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material.
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or Harris County, State of Texas, if your address is outside of the United States), and that you will accept service of process from the person, or the person’s agent, who provided notification of the alleged copyright infringement.
  5. Following receipt of your written counter notification by our Agent, JMFA will promptly provide a copy of your written counter-notification to the person, or the person’s agent, who provided notification of the alleged copyright infringement and inform that person that JMFA will replace the removed material and/or cease disabling access to it in ten (10) business days.

The DMCA allows JMFA to replace the removed material and cease disabling access to it in ten (10) to fourteen (14) business days following receipt by our Copyright Agent of your written counter-notification unless our Agent first receives notice from the person, or the person’s agent, who provided notification of the alleged copyright infringement that said person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the site.

Please be aware that if you knowingly materially misrepresent that material or activity on the site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

REVISIONS

This Privacy Policy is subject to occasional changes at our discretion. We will post any such changes to this page and may otherwise post other alerts on the Website or communicate such changes through email. If you disagree with any such changes, please cease using the Website. Continued use following the posting of any such changes indicates your acceptance of the changes.