Terms & Conditions of Use

Broadshore Capital Partners

Online Terms and Conditions of Use

Effective Date: July 1, 2019 (Updated July 24, 2023)

Acceptance of the Terms

These Terms and Conditions (“Terms”) apply to your use of any of Broadshore Capital Partners, LLC (“Broadshore” or “Company”) online interfaces (e.g., websites, applications, or online services) and any Broadshore affiliate or subsidiary online interface that links to them, (collectively, the “Website(s)” or “Site(s)”), including any content, functionality, and services offered on or through the Sites, regardless of how you access the Sites.

When used in these Terms, “we”, “us” and/or “our” mean Broadshore and “you” and “your” refer to any individual, company, or legal entity that accesses or otherwise uses the Sites. Words importing the singular number include the plural and vice versa.

We reserve the right to modify or amend these Terms from time to time with or without prior notice. Your accessing and continued use of our Sites following the posting of changes to these Terms will mean you accept those changes. You should review these Terms from time to time to be aware of any changes that are made. These Terms constitute a binding agreement between you and Broadshore.

If you do not agree to these Terms, please do not use the Sites.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Accepting the Terms

In order for you to use the Sites, you must first accept these Terms. You can accept these Terms by:

• On a Site, or any part of a Site, that requires registration, signing in or checking a box near a statement that indicates your agreement with or acceptance of the Terms; or
• Using any of the Sites that link to these Terms, in which case you understand and agree that these Terms will apply to your use of those Sites (or any parts of them), in which case, if you do not agree, you should immediately discontinue your use of the Sites.

You may wish to print or save a copy of the Terms for your records.

Privacy

Please review our Online Privacy Statement and other privacy notices, which explain how we may collect, use, and share information from or about you. The Online Privacy Statement is incorporated into and made a part of these Terms.

Additional Terms

Portions of the Sites, as well as certain products and services offered by Broadshore through the Sites, may be governed by other or additional terms and conditions. For example, certain products and services offered by Broadshore may be subject to specific governmental regulations, and therefore will have separate terms and conditions that apply to them. You agree to review all applicable terms and conditions relevant to the Broadshore products and services that you access and use. To the extent that these Terms conflict with any additional terms and conditions, the additional terms and conditions shall govern and control.

Further, you may have established an account or contract with Broadshore which is governed by an agreement. To the extent that these Terms conflict with such agreement, the agreement shall govern.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.

Registration and Security

You may need to create an account or provide authentication information to have access to parts of the Sites. In consideration of your use of the Sites, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Sites’ registration and/or authentication process and (b) maintain and promptly update your information to keep it true, accurate, current and complete. If Broadshore suspects that such information is untrue, inaccurate, not current, or incomplete, Broadshore has the right to suspend or terminate your account and refuse any and all use of the Sites. Unauthorized use of or access to portions of the Sites requiring authorization such as an account username and password is prohibited.

You must protect the security and confidentiality of any established username, password and security information you use to access the Sites. Anyone able to provide your username and password will be able to access your account and you will be held responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your security credentials, your account, or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Sites.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Intellectual Property Rights and Ownership

All of the information and content displayed on the Sites including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by Broadshore, its licensors, agents, and/or Content providers. All Content on the Sites, without limitation, is protected worldwide by trade dress, copyright, moral rights, trademark and other applicable intellectual property laws.

Except as may be otherwise indicated on the Sites, Content is provided for informational purposes and you are authorized to view, play, print and download documents, audio and video found on our Sites for your personal or internal business purposes only. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Content for any commercial purpose without Broadshore’s prior express written consent.

The Sites, the Content and all related rights shall remain the exclusive property of Broadshore, its licensors, agents and/or Content providers, unless otherwise expressly agreed. You acknowledge that you do not acquire any proprietary rights by copying or downloading any Content that is copyrighted or protected by any other intellectual property right. You agree that you will not remove any copyright, trademark, or other proprietary notices from material found on the Sites.

BROADSHORE TM and the BROADSHORETM Logo are registered service marks of Broadshore, and all other trademarks and service marks (“Marks”) on the Sites are proprietary trademarks and/or service marks of Broadshore, its licensors, agents and/or Content providers unless otherwise indicated. No right, title or interest in any such marks is granted you in these Terms, and you are not authorized to reproduce or otherwise use any such Marks absent prior express written approval from Broadshore, its licensors, agents and/or Content providers, as applicable, in each instance.

Intellectual Property Claims

Broadshore, itself the owner of valuable intellectual property, respects the intellectual property rights of others. Third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Sites. Broadshore has adopted a policy that provides for the removal of any content or the suspension of any user that is found to have repeatedly infringed on the copyright of a third party. If you believe that any material available via the Sites violates your copyright rights, you should notify us using the notice procedure for claimed infringement under the DMCA (17 USC Section 512). Please promptly notify Broadshore’s agent: Elena Branzburg, legal@broadshore.com or (310) 633-4115. Please make sure that you specifically identify the copyrighted work that you claim has been infringed by providing specific URL(s) and a precise description of where the copyrighted material is located on the page(s).

We may give notice to our users of any infringement notice by means of a general notice on any of our Sites, electronic mail to a user’s e-mail address in our records, or by written communication sent to a user’s last known physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing. Please be advised that if you submit a counter-notification, that notice along with your identifying information included in the notice will be provided to the party that submitted the original claim of infringement.

If you believe that content on the Sites violates other non-copyright intellectual property rights, including your trademark or publicity rights, please promptly notify Broadshore by submitting the following information to the street or email address set forth below: the basis for your rights (including any trademark or other relevant registrations); a succinct description of the alleged violation and the nature of the rights violated; and the location (including URL or internet address) of the content that you believe to be infringing on the Sites.

By Mail:

Broadshore Capital Partners

11755 Wilshire Blvd., Suite 1350

Los Angeles, CA 90025

Attention: General Counsel

By Email:        Legal@broadshore.com

Restrictions on Use of the Sites

You agree that you will not post material on the Sites, or otherwise use the Sites or Content in any manner, that could: (i) humiliate, threaten, defame, harass, or injure other people or their property rights, including, but not limited to, intellectual property rights; (ii) violate the privacy or publicity rights of other individuals or entities; (iii) be considered criminal conduct or give rise to civil liability; or (iv) otherwise violate any law or regulation or these Terms. You further understand and agree that posting unsolicited advertisements on the Sites is expressly prohibited by these Terms.

You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Sites; or (iii) bypass any measures we may use to prevent or restrict access to the Sites.

Any unauthorized use of our Sites or computer systems is a violation of these Terms. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to prevent or cure the violation, including without limitation, the immediate termination of your access to the Sites.

Unsolicited Submissions

Broadshore does not accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. This policy is designed to avoid misunderstandings if projects developed by Broadshore’s professional staff seem to others to be similar to their own creative work. Accordingly, Broadshore requests that you not submit any creative ideas, suggestions, or materials except where specifically requested or solicited.

However, if you do send us any unsolicited suggestions, (i) you agree not to assert any ownership right of any kind against Broadshore (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract), (ii) you hereby grant Broadshore a nonexclusive, perpetual, worldwide license to use the unsolicited submission in every media and for every purpose now known or hereinafter discovered, and (iii) you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit. You agree to release Broadshore (and its officers, members, directors, agents, affiliates, parents, subsidiaries, joint ventures and employees (collectively, “Related Parties”)) from any claims, demands, or damages (actual and consequential) arising out of, or in any way connected with, your unsolicited submissions, including, without limitation, all claims for theft of ideas or copyright infringement.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information and/or its accessibility to people with disabilities or that the Website will be compliant with accessibility guidelines, such as the Web Content Accessibility Guidelines.  We do not perform an audit, and undertake no duty of due diligence or independent verification of any information we receive. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

The information contained herein is as of the date referenced.  We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date, and we do not undertake any obligation to update such information in any form or format.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Online Privacy Statement. By using the Website, you consent to all actions taken by us with respect to your information in compliance with such Online Privacy Statement.

Links

Running or displaying the Sites or any Content displayed on the Sites in frames or through similar means on another site without our prior written permission is prohibited.

From time to time, the Sites may contain links to third-party websites that are not owned, operated or controlled by Broadshore.  All such links are provided solely as a convenience to you. We are not responsible for any content, materials or other information located on or available from any other websites.  Nor do we endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or available from those websites.  If you decide to access any other websites linked to or from the Sites, you do so entirely at your own risk.

Geographic Restrictions

The owner of the Website is based in the State of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is available or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Availability of Products and Services; United States Only

The Sites are directed to and are intended to be made available only to persons in the United States and are not intended for distribution to, or use by, any person in any other country or any jurisdiction where such distribution or use would be contrary to law or regulation or that would subject Broadshore to any registration requirement within such jurisdiction or country. Persons who access the Sites do so on their own initiative and are responsible for compliance with applicable local laws and regulations. Software and other materials from Sites may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported to any country or anyone prohibited by law. Broadshore prohibits your downloading or exporting of software or other material from the Sites in violation of U.S. export laws and any applicable international or foreign laws, including the laws of your resident country. By downloading software or other material from the Sites, you represent and warrant that you are able to do so in full compliance with the laws of the United States and all applicable international and foreign laws, including the laws of your resident country.

Warranty Disclaimer

Your use of the Sites is at your own risk. The Content, information and services provided on, through, or in connection with the Sites or otherwise provided by us are provided “as is” and for informational purposes only. To the fullest extent permitted by applicable law, we hereby disclaim all representations and warranties of any kind, either express or implied, with including, but not limited to, warranties of merchantability, fitness for a particular purpose, security, non-infringement of intellectual property, freedom from computer virus, accessibility to people with disabilities, or warranties arising from course of dealing or course of performance.  We do not represent or warrant that the Sites or the Content will be uninterrupted or error-free, that defects will be corrected, or that the Sites are free of viruses or other harmful components.

We attempt to ensure that Content on the Sites is complete, accurate and current.  Despite our efforts, Content may occasionally be inaccurate, incomplete or out of date. We make no representations, warranties or guarantees regarding the completeness, accuracy, timeliness, or reliability of any Content, nor do we assume any duty to update such Content.

No advice or information, whether oral or written, obtained from Broadshore or through our Sites, products or services will create any warranty not expressly made herein. The foregoing exclusions of warranties do not apply to the extent prohibited by applicable law.

The Sites are not a substitute for seeking financial advice concerning your specific circumstances from a qualified attorney, accountant, investment or other professional advisor. As a courtesy, Broadshore makes efforts to ensure the accuracy of information provided, but the accuracy of information on the Site is not guaranteed and is subject to change without notice, and revisions to material posted on the Site may not be made immediately following any such change.

The Content contained on the Sites is not intended, in any manner, as an official brokerage or mutual fund statement or quarterly performance report.

The Content is not to be used as an official books and records statement of Broadshore or its Related Parties. Any performance data quoted represents past performance and does not guarantee future results. The investment return and principal of an investment will fluctuate so that an investor’s shares when redeemed may be worth more or less than the original cost. The values represented on the Sites may not reflect the true original cost of your initial investment. You should not rely on this information for any financial decision making. You are encouraged to review and maintain the official source document(s) provided by the account custodian(s). Those source documents may contain notices, disclosures and other important information and may also serve as a reference should questions arise regarding the accuracy of the information in this report. Always refer to these source documents for lending, legal or tax purposes.

Some Content of the Sites is provided by third parties as a convenience to you (“Third Party Content”). Third Party Content is outside Broadshore’s control. Neither Broadshore nor the provider(s) of Third Party Content take responsibility for the suitability of the Third Party Content. The provision of Third Party Content is not an endorsement of the Third Party Content, any third party service, or its sponsoring organization.

Limitations of Liability

FOR PURPOSES OF THIS LIMITATION OF LIABILITY PROVISION, “BROADSHORE” REFERS TO THE BROADSHORE CAPITAL PARTNERS, LLC, INCLUDING ITS RELATED PARTIES AND ASSIGNS, AND EACH OF THEIR RESPECTIVE OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AND AGENTS.

BROADSHORE ASSUMES NO LIABILITY FOR LOSS OR DAMAGE RESULTING FROM ANY USE OF OR RELIANCE UPON THE SITE OR ITS CONTENTS. IN NO EVENT WILL BROADSHORE BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR CLAIMS (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THE SITE, ITS CONTENTS, THE USE THEREOF, OR THE INABILITY TO USE THE SITE, EVEN IF BROADSHORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IF ANY WARRANTY DISCLAIMER OR LIMITATION ON LIABILITY IN THIS AGREEMENT IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF BROADSHORE UPON ANY CLAIM (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF THE SITE, ITS USE OR ITS CONTENTS SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00).

Indemnity and Release

You agree to defend, indemnify and hold Broadshore, each of Related Parties and the successors of each of the foregoing, and the officers, members, directors, agents, and employees of each of the foregoing (the “Broadshore Indemnitees”, harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) your use of the Sites or Content; (ii) your violation of any term or condition of these Terms, including without limitation, your breach of any of the representations and warranties; (iii) your violation of any third party rights, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any state/territory thereof or any other country; (v) any claims, losses or damages that arise as a result of any information or material that you provide to Broadshore; or (vi) any other party’s access and use of the Sites with your unique username, password or other appropriate security code.

In the event that you have a dispute with another user or party related to the Sites or Content, you release Broadshore and the Broadshore Indemnitees from all claims, demands, and damages (actual and consequential) arising out of or in any way connected with such disputes.

Termination

We may suspend or terminate your account or your access to the Sites at any time without notice, for any reason or for no reason. You understand that any termination of your account may involve the permanent deletion of your data.  Broadshore will not have any liability whatsoever to you for any suspension or termination, including for deletion of your data. The provisions of these Terms regarding Restrictions on Use of the Sites, Intellectual Property Rights and Ownership, Unsolicited Submissions, Warranty Disclaimer, Limitation of Liability, Indemnity and Release, Severability and Interpretation, and Governing Law shall survive any termination.

Severability and Interpretation

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and all incorporated agreements may be assigned by Broadshore in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.  Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent as other business documents originally generated and maintained in printed form.

Governing Law

Any claim arising out of or relating to these Terms or the use of the Sites and Content shall be governed by the laws of the United States and the State of New York, without regard to its choice of law provisions. If you take legal action relating to these Terms and/or the Content, you agree to file such action only in state court in Los Angeles County, California, or federal court within the Central District of California, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.

Binding Arbitration

Purpose.  Any Dispute (as defined below in these Terms) involving you and Broadshore shall be resolved through individual arbitration. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. This Section (the “Arbitration Provision”) shall be broadly interpreted.

Definitions. The term “Dispute” means any claim or controversy related to the Sites, including but not limited to any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before these Terms or any prior agreement; (3) claims that arise after the expiration or termination of these Terms; and (4) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class. As used in this Arbitration Provision, “Broadshore” means Broadshore Capital Partners, LLC and its Related Parties and assigns, and each of their respective officers, members, directors, employees, and agents, and “you” means you and any users or beneficiaries of your access to the Sites. Notwithstanding the foregoing, Disputes relating to the scope, validity, or enforceability of this arbitration provision will not be subject to arbitration.

Right to Opt Out. IF YOU DO NOT WISH TO ARBITRATE DISPUTES YOU MAY DECLINE TO HAVE YOUR DISPUTES WITH BROADSHORE ARBITRATED BY NOTIFYING BROADSHORE IN WRITING WITHIN 30 DAYS OF THE LATER OF YOUR FIRST ACCESS TO OR USE OF THE SITES, BY MAIL TO BROADSHORE CAPITAL PARTNERS, LLC, 11755 WILSHIRE BLVD., SUITE 1350, LOS ANGELES, CA 90025 ATTN: GENERAL COUNSEL. YOUR WRITTEN NOTIFICATION TO BROADSHORE MUST INCLUDE YOUR NAME, ADDRESS AND TELEPHONE NUMBER AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH BROADSHORE THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH BROADSHORE OR PRODUCTS AND SERVICES PROVIDED BY BROADSHORE.

Initiation of Arbitration Proceeding/Selection of Arbitrator. The party initiating the arbitration proceeding may open a case with the American Arbitration Association (“AAA”) by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). You may deliver any required or desired notice to Broadshore by mail to Broadshore Capital Partners, LLC, 11755 Wilshire Blvd., Suite 1350, Los Angeles, CA 90025 Attn: General Counsel.

Arbitration Procedures. This Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by AAA pursuant to its Consumer Arbitration Rules (the “AAA Rules”) as modified by the version of this Arbitration Provision that is in effect when you notify Broadshore about your Dispute. You can obtain the AAA Rules from the AAA by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). If there is a conflict between this Arbitration Provision and the rest of these Terms, this Arbitration Provision shall govern. If there is a conflict between this Arbitration Provision and the AAA rules, this Arbitration Provision shall govern. If the AAA will not administer a proceeding under this Arbitration Provision as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this Arbitration Provision as written applying the AAA Consumer Arbitration Rules. A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court.

Waiver of Class Actions and Collective Relief. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT. THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION.

Arbitration Fees and Costs. If your claim seeks more than $75,000 in the aggregate, the payment of the AAA’s fees and costs will be governed by the AAA rules. If your claims seek less than $75,000 in the aggregate, the payment of AAA’s fees and costs will be Broadshore’s responsibility. However, if the arbitrator finds that your Dispute was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the payment of the AAA’s fees and costs shall be governed by the AAA Rules and you shall reimburse Broadshore for all fees and costs that were your obligation to pay under the AAA Rules. You may hire an attorney to represent you in arbitration. You are responsible for your attorneys’ fees and additional costs and may only recover your attorneys’ fees and costs in the arbitration to the extent that you could in court if the arbitration is decided in your favor. Notwithstanding anything in this Arbitration Provision to the contrary, Broadshore will pay all fees and costs that it is required by law to pay.

Continuation. This Arbitration Provision will survive the termination or expiration of these Terms. 

General Legal Terms

The Terms constitute the whole legal agreement between you and Broadshore and govern your use of the Sites, and completely replace any prior agreements between you and Broadshore in relation to the Sites. No modification or attempted modification of these Terms by you shall be binding on Broadshore unless made in writing and physically signed by an authorized representative of Broadshore.

WHETHER IN COURT OR IN ARBITRATION, YOU AND WE AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY.

Upon termination of these Terms for any reason, Broadshore and its third party service providers reserve the right to delete all your data, files, electronic messages, or other information that is stored on Broadshore’s or its third party service providers’ servers or systems. Broadshore shall have no responsibility whatsoever for the loss of any such data.

You agree that Broadshore may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Sites.

You agree that if Broadshore does not exercise or enforce any contractual or legal right or remedy to which it is entitled, this will not be taken to be a formal waiver of Broadshore’s rights and that those rights or remedies will still be available to Broadshore.

You acknowledge and agree that each Related Party shall be third-party beneficiaries to the Terms and that these other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than these entities, no other person or entity shall be third-party beneficiaries to the Terms.

Not Legal, Tax, or Investment Advice

The information and material on these Sites are being provided for informational purposes only, and are not intended as an offer, solicitation or recommendation for the purchase or sale of any security or other financial instrument or to adopt a particular investment strategy.  Additionally, reference to a security included anywhere on our Sites is not a recommendation to buy, sell, or hold that, or any other security. Broadshore is not providing insurance, tax, legal or investment advice to anyone viewing or using the Content of the Sites.

All charts, graphs and figures are shown for illustrative purposes only. Investors must make their own decisions regarding any securities, financial instruments or investment strategies mentioned herein, and must not rely upon the information or material on these Sites in evaluating the merits of investing in any instruments or pursuing investment strategies described herein.  For information that is specific to your situation, consult with your attorney, tax or investment advisor.

Securities, financial instruments and investment strategies may not be suitable for all investors. Past performance is not indicative of future returns and there is no guarantee of the future performance of any investment.  The value or income associated with any investment may fluctuate, and investors could lose their entire investment.  Asset allocation and diversification do not assure or guarantee better performance, and cannot eliminate the risk of investment losses.

Broadshore is not responsible for the consequences of any decisions or actions taken in reliance upon or as a result of the Content made available on the Sites.

All rights not granted herein are expressly reserved to Broadshore.