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User Agreement
PMB Securities Corp. Brokerage Services User Agreement
This user agreement, along with any other documents we give you pertaining to
your account(s), is a contract that establishes rules which control your
account(s) with us and your use of our brokerage services. Please read this
agreement carefully. If you continue to have your account with us, you agree to
these terms and conditions. If you have any questions, please contact us.
As used in this agreement, the words "we," "our" or "us," means PMB Securities
Corp. (and its subsidiaries, parent, affiliates and agents) and the words "you"
and "your" mean the account holder(s) and anyone else with the authority to
exercise control over the account. The headings in this document are for
convenience or reference only and will not govern the interpretation of the
provisions. Unless it would be inconsistent to do so, words and phrases used in
this document should be construed so the singular includes the plural and the
plural includes the singular.
Revisions and Relation to Other Agreements or Disclosures
We may revise this user agreement at any time, and you agree to be bound by
future revisions and we may provide you an electronic notice of the amendment
by e-mail. However, it is your responsibility to visit the "User Agreement
Terms and Conditions" link at the bottom of our brokerage home page
periodically to review the most current terms and conditions. If you have a
brokerage account with us, your customer relationship is also governed by other
agreements, including your customer agreement. We may also offer other services
from time to time that are governed by different or additional terms and
conditions. Your use of any of our services is subject to any disclosures or
disclaimers found within the services.
Research Reports
Through our brokerage services and website, we may provide financial market
information, which may include stock quotes, news, research and other
information, which is collectively referred to in this agreement as
"Information." We may also make available analyst research and opinions, which
are referred to in this agreement as "Research Reports." Information and
Research Reports may be prepared by independent information providers, who are
not affiliated with us. We do not assess for you or any particular investor the
suitability of any Information source or Research Report provider. Neither the
Information nor the Research Reports constitute recommendations or
solicitations by us, nor recommendations or solicitations that any particular
investor should purchase or sell any particular security in any amount, or at
all. We do not assess for you or any particular investor the potential value of
any particular investment. Although we may provide information relating to
investment approaches and opportunities to buy or sell securities, you should
not construe any Information, Research Reports or other content available from
us as legal, tax, accounting, investment, financial or other advice or
recommendations.
We do not, nor does any Information or Research Report provider guarantee that
the Information or Research Reports are accurate, timely or complete, or
warrant that you will achieve any particular results from use of the
Information or Research Reports. Information and Research Reports, as well as
other materials available on our site, have been prepared as of the date or
dates indicated and should only be considered current as of the date of initial
publication, regardless of when you access the information. Because of
subsequent market or economic circumstances, Information, Research Reports and
other materials may become outdated or unreliable. We are not, nor is any
Information or Research Report provider, under any obligation to update
Information or opinions contained in any Research Report. We reserve the right
to delete or modify information on our site without prior notice, or to
discontinue the availability of Information or Research Reports regarding any
company or security.
No Offer to Buy or Sell Securities
Nothing contained in our website constitutes a solicitation, recommendation,
endorsement or offer by us or any third party to buy or sell any securities or
other financial instruments. We will treat as unsolicited any security order
you place, including any orders you place after accessing Information or
Research Reports.
Disclosure of Potential Relationships
We and/or our employees, directors and consultants may have, or may have
clients with, positions in securities referenced in Information or Research
Reports, and may, as principal or agent, buy from or sell to customers. We may
perform services for or solicit services from companies mentioned in
Information or Research Reports. From time to time, we and/or a Research Report
provider may be unable to provide Research Reports with respect to certain
companies with which we or a Research Report provider or its affiliates have
certain business relationships.
Transmission of Information
Neither we nor any party responsible for transmitting Information, Research
Reports or other data shall be liable in any way, and you agree to indemnify
and hold harmless us and such parties responsible for transmitting data for (1)
any inaccuracy, error, delay in, or omission of any information or data, or the
transmission of or failure to transmit information or data; (2) any loss or
damage arising from or caused by any such inaccuracy, error, delay, omission,
transmission or failure to transmit, (3) any loss or damage arising from or
caused by nonperformance, (4) any loss or damage arising from or caused by
interruption of information due to negligent acts or omission by us or third
parties or any "force majeure" (such as flood, riot, strike, fire, earthquake,
acts of God, war, insurrection, terrorism, accident, governmental acts or
orders or restrictions, disrupted communications, power failure, or equipment
or software malfunction) or any other cause beyond our reasonable control or
the reasonable control of the relevant third parties. System response and
account access times may vary due to a variety of factors, including trading
volumes, market conditions, system performance, and other factors.
Security of Data and Electronic Communications
Electronic communications through our services may not be encrypted, and you
acknowledge that there is a risk that data and communications, such as email,
electronic communications and personal information, might be accessed by
unauthorized third parties when communicated between you and us or between you
and other parties.
Links to Third Party Sites
Our website contains links to other websites on the Internet which are operated
by third parties. We provide links to these third party websites only as a
convenience, and the material available on these sites has been produced by
independent parties who are unaffiliated with us. The fact that we provide a
link to a site does not indicate an endorsement, authorization, affiliation or
sponsorship of or with such site, the services offered on such site, its
owners, or its providers. If you follow a link that we provide to a third party
site, your access to and use of such site is at your own risk and you agree
that under no circumstances will you hold us liable for any loss or damage
caused by use of or reliance on any information or services available through
such sites.
Investment Risk; Not FDIC Insured
The securities products and services we make available to you are not insured
by the FDIC, are not guaranteed deposits or obligations, and are subject to
investment risk, including possible loss of the entire amount you may invest.
You are solely responsible for evaluating the merits and risks associated with
the use of any our services and the suitability of any investment before making
any decisions based on Information, Research Reports or any other content we
may make available through our services.
U.S. Investors Only
We make our services and products described on this website available only to
persons in the United States. Nothing on this website shall be considered a
solicitation to buy or an offer to sell a security to any person in any
jurisdiction where such offer, solicitation, purchase or sale would be unlawful
under the securities laws of such jurisdiction.
Restrictions
In addition to other restrictions described in this agreement, by using our
services, you agree to be bound by the following restrictions:
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You will not use our services for any commercial purpose unless expressly
approved by us in writing.
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You will not collect or store personal data about other users.
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You will not use any electronic communication feature of our services for any
purpose that is unlawful, abusive, intrusive on another's privacy, harassing,
libelous, defamatory, obscene or threatening.
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You will not upload, reproduce or distribute any information or other material
protected by copyright or any other intellectual property or privacy rights
without first obtaining the permission of the owner of such rights.
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You will not upload, email or otherwise transmit any advertising or similar
materials. This includes any form of solicitation or unauthorized
communication, such as junk email, "spam," chain letters, or multi-level
marketing offers.
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You will not upload, email or otherwise transmit any material that contains
viruses or any other malicious computer code which might interrupt or interfere
with the functionality of any computer or communications systems.
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You will not use any software, program, application or any other device (other
than standard web browsing software used in its intended manner) to access or
log on to our computer systems, website or proprietary software or to automate
the process of obtaining, downloading, transferring or transmitting any
Information or any other content to or from our computer systems, website or
proprietary software.
Copyrights and Trademarks
We, or the relevant Information or Research Report providers or their licensers
own the materials available through our services (which includes Information,
Research Reports and other content, trademarks, services marks, trade names,
logos, and icons), and these materials are protected by United States copyright
laws and international treaty provisions. You agree not to copy, retransmit,
disseminate, sell, license, distribute, publish, broadcast, circulate, or
commercially exploit these materials in any manner without our express written
consent and the consent of any applicable third parties. Nothing contained on
our website or in this agreement should be construed as granting you or any
other party, by implication, estoppel, or otherwise, any license or right to
use any trademark displayed on our website without our written permission or
the permission of such third party that may own the trademarks. Your use of
such trademarks, or any other content on our website, except as expressly
provided herein, is prohibited.
Disclaimer of Warranties
IN NO EVENT WILL WE, INFORMATION OR RESEARCH REPORT PROVIDERS, OR OTHER PERSONS
RESPONSIBLE FOR TRANSMITTING DATA BE LIABLE TO YOU OR ANYONE ELSE FOR ANY
CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR INDIRECT DAMAGES,
INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, TRADING
LOSSES, LOSS OF INFORMATION, AND DAMAGES THAT MAY RESULT FROM THE USE OF THE
INFORMATION, THE RESEARCH REPORTS OR OUR SERVICES (OR THE INABILITY TO USE ANY
OF THE FOREGOING), OR FROM INCONVENIENCE, DELAY OR OMISSIONS OR INACCURACIES IN
THE INFORMATION, THE RESEARCH REPORTS OR OUR SERVICES, EVEN IF THE APPLICABLE
PARTY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES (WHETHER
ARISING OUT OF A CLAIM IN CONTRACT, EQUITY, NEGLIGENCE, INTENDED CONDUCT, TORT,
OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN
TORT)). AS A CONDITION TO ACCESSING THE INFORMATION AND RESEARCH REPORTS AND
USING OUR SERVICES, YOU EXPRESSLY WAIVE ANY CLAIM YOU MAY HAVE AGAINST US, ANY
INFORMATION OR RESEARCH PROVIDER, OR ANY OTHER PERSON WITH RESPECT TO ANY
INFORMATION, RESEARCH REPORT OR OUR SERVICES.
OUR SERVICES, THE INFORMATION AND THE RESEARCH REPORTS ARE PROVIDED "AS IS,",
AND WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some jurisdictions may not allow the
limitation or exclusion of liability or incidental or consequential damages, so
the above limitations or exclusions may not apply to you.
Indemnification
You agree to indemnify and hold us harmless from any claim, demand, loss, costs
or expense, including attorneys' fees, made by any person arising out of your
violation of this agreement, state or federal securities laws or regulations,
or any other person's rights, including but not limited to infringement of any
copyright or violation of any proprietary or privacy right.
Term and Termination
We reserve the right to discontinue your access to all or any part of our
services without notice for any reason, including, without limitation: (1) if
you fail to comply with the terms of this agreement or other conditions of our
services, (2) if you provide us with false information, (3) if there is
unauthorized use of your brokerage account, or (4) if one or more agreements
between us and any Information or Research Report providers terminates.
Governing Law and Severability
This Agreement will be governed by California law (excluding conflicts of law
principals) and is subject to applicable federal laws (except to the extent
that this agreement can and does vary such rules or laws). If any provision of
this document is found to be unenforceable according to its terms, all
remaining provisions will continue in full force and effect.
Arbitration
The following arbitration agreement should be read in conjunction with the
following disclosures: (a) arbitration is final and binding on the parties; (b)
the parties are waiving their right to seek remedies in court, including the
right to jury trial; (c) pre-arbitration discovery is generally more limited
than and different from court proceedings; (d) the arbitrators' award is not
required to include factual findings or legal reasoning and such party's right
to appeal or to seek modification of rulings by the arbitrators is strictly
limited; and (e) the panel of arbitrators will typically include a minority of
arbitrators who were or are affiliated with the securities industry.
Arbitration agreement: any and all controversies, disputes or claims between
the you and us, or any parties we engage to effect brokerage services on your
behalf, and our agents, representatives, employees, directors, officers or
control persons or those of such party engaged to perform brokerage services,
arising out of, in connection with, from or with respect to (a) any provisions
of or the validity of this agreement or any related agreements, (b) the
relationship of the parties hereto, or (c) any controversy arising out of our
business, the business of such party engaged to perform brokerage services, or
your accounts, shall be conducted pursuant to the code of arbitration procedure
of the National Association of Securities Dealers, Inc. Arbitration must be
commenced by service of a written demand for arbitration or a written notice of
intention to arbitrate. If you are a party to such arbitration, to the extent
permitted by the rules of the applicable arbitration tribunal the decision and
award of the arbitrator(s) shall be conclusive and binding upon all parties,
and any judgment upon any award rendered may be entered in a court having
jurisdiction thereof, and neither party shall oppose such entry. No person
shall bring a punitive or certified class action to arbitration, nor seek to
enforce any pre-dispute arbitration agreement against any person who has
initiated in court a punitive class action; or who is a member of a punitive
class who has not opted out of the class with respect to any claims encompassed
by the punitive class action until: (i) the class certification is denied; or
(ii) the class is decertified; or (iii) the customer is excluded from the class
by the court. Such forbearance to enforce an agreement to arbitrate shall not
constitute a waiver of any rights under this agreement except to the extent
stated herein. These arbitration and judicial reference provisions shall
survive any termination, amendment or expiration of any of these agreements,
unless otherwise expressly agreed in writing. THE PARTIES UNDERSTAND THAT THEY
ARE WAIVING THEIR RIGHT TO A JURY TRIAL, OR A TRIAL BEFORE A JUDGE IN A PUBLIC
COURT.
Electronic Messages and Electronic Agreements
Electronic messages from you to us, or from us to you, will be treated as
written documents for any purpose where a written document is needed. However,
we can require written confirmation of messages or instructions if we choose,
and may delay any executing transactions till we receive confirmation
acceptable to us. We might do this, for example, if we think it will help
protect you or us from fraud or a loss, but we can do so in other
circumstances.
You agree that if you assent or agree to any terms or conditions, or otherwise
give us your consent through electronic means while using our services by
computer or similar device (for example, by clicking on an "I agree" or other
similarly worded "button" or entry field with your mouse, keystroke or other
computer device), such assent or agreement shall be binding upon you as if
signed with your handwritten signature.
Please enter your name:
I agree
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