LEGAL INFORMATION
In using The Perreault Birmingham Group LLC website, you give your assent to the following terms and conditions. Please read these terms and conditions carefully. If you do not accept them, then do not use this website. The Perreault Birmingham Group LLC may from time to time revise these terms and conditions by updating this posting. You are bound by any such revisions. Therefore you should periodically visit this page to review the then current terms and conditions which bind you.
- GBS Financial SECURITIES, INC. AND THE PERREAULT BIRMINGHAM GROUP LLC ARE NOT AFFILIATED AND ARE NOT RESPONSIBLE FOR ANY RECOMMENDATION, SOLICITATION, OFFER, AGREEMENT OR ANY INFORMATION ABOUT ANY TRANSACTION, SECURITY, INVESTMENT, CUSTOMER ACCOUNT OR ACCOUNT ACTIVITY SET FORTH IN THIS WEBSITE OR OTHERWISE.
- WEBSITE CONTENT
- Content of Website
The contents of this website, such as text, graphics, images, logos, button icons, software code and other content (collectively, "Website Content"), and the user interface design, layout and organization ("Website Design") of this website, are protected by United States and foreign copyright, trademark and other laws. The Website Content and Website Design are the property of The Perreault Birmingham Group LLC or their respective licensors. No permission is granted to copy, distribute, post or frame any Website Content, or to copy or adapt the Website Design, however, you may, for your own personal noncommercial use only, download and print a single copy of the web pages found on this website, and, subject to any other terms that may accompany them, any downloadable materials available from this website. On any copy you make, you must retain all copyright, trademark, service mark and other proprietary notices contained in the original Website Content. You may not sell or modify the Website Content or reproduce, display, publicly perform, distribute or otherwise use the Website Content in any way for any public or commercial purpose. Use of the Website Content on any other website or in a networked computer environment for any purpose is prohibited. Except as expressly provided by the aforementioned, you may not copy or adapt the HTML, XML or other computer code used to generate any Website Content. - Use of Website
This website may be used only for lawful purposes by those interested in obtaining information about or using the products and/or services described in this website. The Perreault Birmingham Group LLC. - Claimed Copyright Infringement
If you believe that your copyrighted work has been uploaded, posted or copied to this website or is accessible on this website in a way that constitutes copyright infringement, please notify The Perreault Birmingham Group LLC at the address provided on the website. - Disclaimer
The content and information on this website are for informational purposes only. Nothing on this website is intended to provide investment, legal, accounting, tax or other professional advice. The information on this website is not a substitute for such advice. Investors should seek such professional advice for their particular situation.
Some of the content or information on this website, such as quote information, may be provided by third parties. The Perreault Birmingham Group LLC has no liability for such third-party content or information.
Although The Perreault Birmingham Group LLC has attempted to ensure that the information contained on this website is reliable and accurate, The Perreault Birmingham Group LLC is not responsible for any errors or omissions, or for the results obtained from the use of this information. The Website Content and other information available on this website may contain inaccuracies or typographical errors. All information on this website is provided "as is," with no guarantee of completeness, reliability, accuracy, timeliness or of the results obtained from the use of this information. The use of this website and the Website Content and any information available on this website is at your own risk. Changes are periodically made to the Website Content and other information available on this website and may be made at any time and without notice. - NO REPRESENTATIONS OR WARRANTIES
THE PERREAULT BIRMINGHAM GROUP LLC DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. THE PERREAULT BIRMINGHAM GROUP LLC IS NOT RESPONSIBLE FOR LOSS OF DATA OR DAMAGE TO EQUIPMENT CAUSED BY USE OF THIS WEBSITE. THIS WEBSITE, THE WEBSITE CONTENT, ANY OTHER DATA AND INFORMATION AVAILABLE ON THIS WEBSITE, AND ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE, ARE PROVIDED ON AN "AS IS" BASIS AND THE PERREAULT BIRMINGHAM GROUP LLC, TO THE FULLEST EXTENT PERMITTED BY LAW, (A) DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND (B) MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS OR TIMELINESS OF THIS WEBSITE, THE WEBSITE CONTENT, ANY OTHER DATA AND INFORMATION AVAILABLE ON THIS WEBSITE, ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE, ANY SOFTWARE ASSOCIATED WITH THIS WEBSITE, AND ANY TEXT, GRAPHICS AND LINKS FOUND ON THIS WEBSITE. - DISCLAIMER OF DAMAGES
IN NO EVENT SHALL THE PERREAULT BIRMINGHAM GROUP LLC, ITS AFFILIATES OR SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON THIS WEBSITE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR STATUTORY DAMAGES (INCLUDING WITHOUT LIMITATION, LOST PROFITS OR DAMAGES, LOST DATA OR BUSINESS INTERRUPTION) RESULTING IN ANY WAY FROM USE OF THIS WEBSITE, THE WEBSITE CONTENT, ANY OTHER DATA AND INFORMATION AVAILABLE ON THIS WEBSITE OR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PERREAULT BIRMINGHAM GROUP LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. - LIMITATION OF LIABILITY
IN THE EVENT THE PERREAULT BIRMINGHAM GROUP LLC IS LIABLE TO YOU FOR ANY REASON IN CONNECTION WITH THIS WEBSITE, YOU AGREE THAT, UNLESS EXPRESSLY PROHIBITED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF THE PERREAULT BIRMINGHAM GROUP LLC TO YOU FOR ALL CLAIMS ARISING THEREFROM (INCLUDING WITHOUT LIMITATION, YOUR USE OF THE WEBSITE, ANY WEBSITE CONTENT, ANY OTHER DATA AND INFORMATION AVAILABLE ON THIS WEBSITE, AND ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE) IS LIMITED TO THE AMOUNT OF MONEY ACTUALLY RECEIVED BY THE PERREAULT BIRMINGHAM GROUP LLC FROM YOU VIA THE WEBSITE OR FOR SUCH PRODUCT OR SERVICE, OR $100, WHICHEVER IS MORE. - Links to Other Sites
This website may contain links to third-party websites. These links are provided solely as a convenience to you. By doing so, The Perreault Birmingham Group LLC does not endorse the contents of such third-party websites. The Perreault Birmingham Group LLC is not responsible for the content of linked third-party websites and does not make any representations regarding the content, information, materials, products or services available on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. - No Resale or Unauthorized Commercial Use
You may not resell or assign your rights or obligations under these terms and conditions. You also may not make any unauthorized commercial use of this website, the Website Content or any data or information available on this website. - Termination
The Perreault Birmingham Group LLC reserves the right, at its sole discretion, to modify, update, discontinue, suspend or terminate any part or all of this website at any time and without notice. - Additional Terms of Use
Certain areas of this website may be subject to additional terms and conditions that are specified at such areas. By using those areas, or any part thereof, you agree to be bound by the additional terms and conditions applicable to such areas. - Access from outside United States
The Perreault Birmingham Group LLC makes no claims that the Website Content or any other data or information available on this website may be lawfully viewed or accessed outside of the United States. Access to the same may not be legal by certain persons or in certain countries. If you access this website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. - Governing Law
These terms and conditions are governed by the internal substantive laws of the State of California, USA, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within the County of Santa Clara in the State of California, USA. - Amendments to Terms and Conditions
Except as expressly provided in additional terms and conditions for areas of this website, a particular "Legal Notice," or Software License or material on particular web pages, these terms and conditions constitute the entire agreement between you and The Perreault Birmingham Group LLC with respect to the access to and use of this website. These terms and conditions may only be changed by a revised posting by The Perreault Birmingham Group LLC on this web page. The headings and sections identified in these terms and conditions are for convenience and are not intended to be used for the interpretation of any term or condition. - Severability
If and to the extent any term or provision herein is or should become invalid or unenforceable, then (i) the remaining terms and provisions hereof shall be unimpaired and remain in full force and affect and (ii) the invalid or unenforceable provision or term shall be replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term or provision. - ARBITRATION: CONSENT TO JURISDICTION; SERVICE OF PROCESS
- ARBITRATION IS FINAL AND BINDING ON THE PARTIES.
YOU ARE WAIVING THEIR RIGHT TO SEEK REMEDIES IN COURT, INCLUDING THE RIGHT TO JURY TRIAL.
PRE-ARBITRATION DISCOVERY IS GENERALLY MORE LIMITED THAN AND DIFFERENT FROM COURT PROCEEDINGS.- THE ARBITRATORS' AWARD IS NOT REQUIRED TO INCLUDE FACTUAL FINDINGS OR LEGAL REASONING AND ANY PARTY'S RIGHT TO APPEAL OR TO SEEK MODIFICATION OF RULINGS BY THE ARBITRATORS IS STRICTLY LIMITED.
- THE PANEL OF ARBITRATORS WILL TYPICALLY INCLUDE A MINORITY OF ARBITRATORS WHO WERE OR ARE AFFILIATED WITH THE SECURITIES INDUSTRY.
- BY ACCEPTING THIS TERMS OF USE YOU AGREE, THAT CONTROVERSIES BROUGHT BY YOU ARISING UNDER OR RELATING TO YOUR USE OF THIS WEBSITE, IN ANYWAY, WHETHER ARISING PRIOR TO, ON OR SUBSEQUENT TO THE DATE HEREOF, SHALL BE DETERMINED BY ARBITRATION. ANY SUCH ARBITRATION SHALL BE HELD ONLY AT THE FACILITIES AND BEFORE AN ARBITRATION PANEL APPOINTED BY THE NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC. YOU MAY ELECT ONE OF THE FOREGOING FORUMS FOR ARBITRATION, BUT IF YOU FAIL TO MAKE SUCH ELECTION BY REGISTERED MAIL, OR TELEGRAM ADDRESSED TO THE PERREAULT BIRMINGHAM GROUP LLC, 2950 SOUTH COURT, PALO ALTO, CA 94306 (OR ANY OTHER ADDRESS OF WHICH YOU ARE ADVISED IN WRITING), BEFORE THE EXPIRATION OF TEN (10) DAYS AFTER RECEIPT OF A WRITTEN REQUEST FROM US TO MAKE SUCH ELECTION, THEN WE MAY MAKE SUCH ELECTION. THE AWARD OF THE ARBITRATORS, OR OF THE MAJORITY OF THEM, SHALL BE FINAL, AND JUDGEMENT UPON THE AWARD RENDERED MAY BE ENTERED IN ANY COURT, STATE OR FEDERAL, HAVING JURISDICTION.
- Notwithstanding the provisions of subparagraph (a) above, either party may, at any time prior to the initial arbitration hearing pertaining to such dispute or controversy, seek by application to, and only to, the U.S. District Court for the Northern District of California or the Superior Court of the State of California for the County of Santa Clara any such temporary or provisional relief or remedy ("provisional remedy") provided for by the laws of the U.S. or the laws of the State of California as would be available in an action based upon such dispute or controversy in the absence of an agreement to arbitrate. The parties acknowledge and agree that it is their intentions to have any such application for a provisional remedy decided by the Court to which it is made and that such application shall not be referred to or settled by arbitration. No such application to either said Court for a provisional remedy, nor any act or conduct by either party in furtherance of or in opposition to such application, shall constitute a relinquishment or waiver of any right to have the underlying dispute or controversy with respect to which such application is made settled by arbitration in accordance with subparagraph (a) above.
- With respect to any application for a provisional remedy and any application for judgment on an arbitration award, each party irrevocably (i) submits to the jurisdiction of the U.S. District Court for the Northern District of California or the Superior Court of the State of California for the County of Santa Clara, (ii) waives any objection which it may have at any time to the laying of venue of any proceedings brought in any such court, waives any claim that such proceedings have been brought in an inconvenient forum and further waives the right to object, with respect to such proceeding, that such court does not have any jurisdiction over such party, and (iii) consents to service of process by certified mail, return receipt requested, to the address provided for herein.
- You hereby agree to receive service of process in connection with any legal matters or actions or proceedings based upon, arising out of or relating in any way to this Agreement by confirmed, return receipt requested mail and that delivery shall be presumed if such service is mailed to the address maintained in our records and the requested receipt is returned.
- ARBITRATION IS FINAL AND BINDING ON THE PARTIES.
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