Terms & Conditions
NOT AN OFFER TO SELL SECURITIES
The information and material offered on or through the Website does not constitute an offer to sell, nor a solicitation of an offer to buy, the securities described herein. Such an offering is made only by means of a Prospectus/PPM. This information and material must be read in conjunction with the Prospectus/PPM in order to understand fully all the implications and risks of any offering of securities to which it relates. Securities are offered through Preferred Capital Securities, LLC (member FINRA/SIPC). See Preferred Capital Securities’ website for more information: www.PCSAlts.com.
Terms and Conditions of Use
1. General
Welcome to the Preferred Shareholder Services Distributors (“Preferred Shareholder Services”) Web Site. Please carefully review these terms and conditions (“Terms of Use”) and the Privacy Policy set forth below (the “Privacy Policy”) (together with these Terms of Use, form the “Agreement”) all of which collectively govern your use of and access to all of the Preferred Shareholder Services Web Site and any and all content, data and information contained therein. YOUR USE OF THE Preferred Shareholder Services WEB SITE CONSTITUTES YOUR UNCONDITIONAL AGREEMENT TO FOLLOW AND BE BOUND BY THIS AGREEMENT, AS MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY Preferred Shareholder Services, IN ACCORDANCE WITH THIS AGREEMENT. IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THESE TERMS OF USE AND THE PRIVACY POLICY, THE TERMS OF USE SHALL CONTROL. IF YOU DO NOT AGREE TO THIS AGREEMENT AND ITS TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS Preferred Shareholder Services WEB SITE.
2. Structure of Preferred Shareholder Services and its affiliates
Preferred Shareholder Services is part of a group of independent legal entities some of which may be affiliates, share some common ownership or have been sponsored and managed by subsidiaries of Preferred Shareholder Services. Each entity that is part of our group of entities is a separate legal entity and no legal or financial relationship is to be implied between or among any entities on this Preferred Shareholder Services Web Site.
3. Modifications of This Agreement
Preferred Shareholder Services reserves the right to change, modify, amend and/or update this Agreement at any time with or without prior notice. Your use of this Preferred Shareholder Services Web Site following any such changes, modifications, amendments and/or updates constitutes your unconditional agreement to follow and be bound by this Agreement as so changed, modified, amended and/or updated. You are responsible for reviewing this Agreement each time you use or access any Preferred Shareholder Services Web Site.
4. Links
Preferred Shareholder Services is not affiliated or associated with the sponsors, owners or producers of any third-party Web Sites linked to or from this Preferred Shareholder Services Web Site. These linked Sites are not under Preferred Shareholder Services’s control and Preferred Shareholder Services explicitly disclaims any responsibility for the accuracy, content or availability of the information, products, and/or services found on or through such third-party Sites. Preferred Shareholder Services does not endorse and has not taken any steps to confirm the accuracy or reliability of any of the information, products or services contained on or through such third-party Sites. Preferred Shareholder Services does not make any representations or warranties as to the security of any information (such as credit card and other sensitive information) you might give on any third-party Site.
5. Use
The Preferred Shareholder Services Web Site and its contents are intended solely for informational use. Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of this Preferred Shareholder Services Web Site are copyrights, patents, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Preferred Shareholder Services or by third parties who have licensed their materials to Preferred Shareholder Services and are protected by U.S. and international intellectual property laws. The compilation (i.e., the collection, arrangement and assembly) of all materials on this Preferred Shareholder Services Web Site is the exclusive property of Preferred Shareholder Services or its licensors and is protected by U.S. and international copyright laws. Except as solely provided in the next sentence, no material from the Preferred Shareholder Services Web Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may download one copy of the materials on any single computer for your personal use only, provided that: (a) you keep intact all copyright and other proprietary notices; (b) you do not use the materials in a manner that suggests an association with any of Preferred Shareholder Services’s products, services or brands; and (c) you make no modifications to the materials. In addition, you agree not to: (i) use or access this Preferred Shareholder Services Web Site for any purpose that is unlawful or prohibited by this Agreement; (ii) use or access this Preferred Shareholder Services Web Site in a manner that could damage, disable, overburden, or impair any Preferred Shareholder Services server or the networks connected to any Preferred Shareholder Services server; (iii) interfere with any third party’s use and enjoyment of this Preferred Shareholder Services Web Site; or (iv) attempt to gain unauthorized access to accounts, computer systems or networks connected to any Preferred Shareholder Services server through hacking, password mining or any other means.
6. User IDs/Passwords
Use of certain features on the Preferred Shareholder Services Web Site might be limited and/or require registration. Preferred Shareholder Services will review and determine, in its sole discretion, whether to accept your registration. Preferred Shareholder Services shall have the right, in its sole discretion, to refuse or restrict anyone from access to the Preferred Shareholder Services Web Site at any time for any reason. Upon acceptance of your registration by Preferred Shareholder Services, you will be given your user ID and password (collectively “Password”) for access to and use of the applicable portion of the Preferred Shareholder Services Web Site.
Preferred Shareholder Services reserves the right to require you to periodically change your Password. You agree to use your best efforts to maintain the security of your Password. You shall not disclose your Password to anyone else, and you shall not use anyone else’s Password. You agree to notify Preferred Shareholder Services immediately about any unauthorized use of your Password or any breach of security. You further agree that Preferred Shareholder Services shall not be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, your use of your Password by you or anyone other than Preferred Shareholder Services.
7. Disclaimer
THIS Preferred Shareholder Services DISTRIBUTORS, LLC WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Preferred Shareholder Services MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS Preferred Shareholder Services WEB SITE OR THE INFORMATION INCLUDED ON SUCH Preferred Shareholder Services WEB SITE. Preferred Shareholder Services DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. Preferred Shareholder Services DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THIS Preferred Shareholder Services WEB SITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE Preferred Shareholder Services WEB SITE OR THE SERVER THAT MAKES THE Preferred Shareholder Services WEB SITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES. Preferred Shareholder Services DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THIS Preferred Shareholder Services WEB SITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS Preferred Shareholder Services WEB SITE, THAT YOUR USE IS AT YOUR SOLE RISK.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL Preferred Shareholder Services OR ANY OF ITS SHAREHOLDERS, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THIS Preferred Shareholder Services WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Preferred Shareholder Services HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT Preferred Shareholder Services, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IN NO EVENT WILL Preferred Shareholder Services BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED UNITED STATES DOLLARS ($100.00) FOR ANY CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT.
9. User Submissions, Postings and Email Communications
All remarks, suggestions, ideas, graphics, or other information communicated by you to Preferred Shareholder Services through the Preferred Shareholder Services Web Site (collectively, the “Submission”) will forever be the property of Preferred Shareholder Services and you waive all of your rights, including but not limited to moral rights, therein if applicable, provided that you will continue to be responsible for the content of the Submission including, without limitation, any indemnification obligations related to such Submissions. Preferred Shareholder Services will not be required to treat any Submissions as confidential (unless required by law or if Preferred Shareholder Services has agreed to treat it as confidential in other documentation), and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Preferred Shareholder Services operations. Without limitation, Preferred Shareholder Services will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere and will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. Preferred Shareholder Services retains the right to review, edit or delete from the Preferred Shareholder Services Web Site any Submission which Preferred Shareholder Services in its sole discretion considers illegal, offensive, in violation of a third party right or otherwise inappropriate.
Email and Other Communications
In connection with your use of the Preferred Shareholder Services Web Site, you consent to Preferred Shareholder Services recording any communication, electronic or otherwise, between you and Preferred Shareholder Services and retaining any information and data you submit while using the Preferred Shareholder Services Web Site.
In using the Preferred Shareholder Services Web Site, you may be permitted to communicate electronically with Preferred Shareholder Services by sending electronic mail to Preferred Shareholder Services; however, you acknowledge and agree that only general information or inquiries may be submitted to Preferred Shareholder Services via electronic mail and any other submissions or communications on or through the Preferred Shareholder Services Web Site may be submitted only in accordance with the express instructions set forth on the Preferred Shareholder Services Web Site for such submissions or communications. Please do not send any time-sensitive communications to Preferred Shareholder Services via e-mail as Preferred Shareholder Services cannot be responsible for responding to any such communications.
Investigations
Preferred Shareholder Services may seek to gather information from the user who is suspected of violating this Agreement, and from any other user. Preferred Shareholder Services may suspend any users whose conduct [or postings] are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Preferred Shareholder Services believes, in its sole discretion, that a violation of this Agreement has occurred, it may edit or modify any submission, [posting] or e-mails, remove the material permanently, [cancel postings], warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. Preferred Shareholder Services will fully cooperate with any law enforcement authorities or court order requesting or directing Preferred Shareholder Services to disclose the identity of anyone posting any emails, or publishing or otherwise making available any materials that are believed to violate this Agreement. YOU WAIVE AND HOLD HARMLESS Preferred Shareholder Services FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Preferred Shareholder Services DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Preferred Shareholder Services OR LAW ENFORCEMENT AUTHORITIES.
10. Online Copyright Infringement Notification Policy
If you believe that this Preferred Shareholder Services Web Site contains materials that constitute copyright infringement, please notify Preferred Shareholder Services in accordance with its Online Copyright Infringement Notification Policy, below.
11. Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD Preferred Shareholder Services AND ITS SHAREHOLDERS, AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO (I) YOUR USE OF THIS Preferred Shareholder Services WEB SITE AND/OR (II) YOUR BREACH OF ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT.
12. Terms and Termination
Preferred Shareholder Services shall have the right to terminate your access to, and use of, the Preferred Shareholder Services Web Site immediately, if, in its sole discretion, Preferred Shareholder Services believes that your conduct fails to conform with this Agreement. Preferred Shareholder Services also reserves the right to investigate suspected violations of this Agreement, including without limitation any violation arising from any submission, posting or emails you make or send to the Preferred Shareholder Services Web Site. Upon termination of this Agreement, all rights granted to you under this Agreement will cease immediately, and you agree that you will: (a) immediately discontinue use of the Preferred Shareholder Services Web Site; and (b) as applicable, pay any amounts owed to Preferred Shareholder Services in full within thirty (30) days from the date of such termination.
13. Applicable Laws
This Agreement shall be governed by and construed under the laws of the State of Georgia, without regard to conflicts of laws principles. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS Preferred Shareholder Services WEB SITE OR THE USE OR ACCESS THEREOF MAY BE IN THE STATE OR FEDERAL COURTS LOCATED IN ATLANTA, GEORGIA.
14. Commencement of Actions
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THIS Preferred Shareholder Services WEB SITE MUST BE COMMENCED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
15. Miscellaneous
The failure of Preferred Shareholder Services to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Preferred Shareholder Services’s rights with respect to such breach or any subsequent breaches. Neither the course of conduct between the parties nor trade practice shall act to modify this Agreement. Preferred Shareholder Services may assign its rights and duties hereunder to any party at any time without any notice to you. This Agreement may not be assigned by you without Preferred Shareholder Services’s prior written consent. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
