Last updated on July 6th, 2023
Introduction
This website and other services (collectively, the “Services”) are made available to you in accordance with these terms and conditions of use (the “Terms”) by Balmoral Advisors Securities LLC (“we”, “our”, “us”). These Terms, together with our Privacy Policy and all supplemental terms (as amended from time to time), other documents and policies that are expressly referenced in these Terms govern your use of the Services.
Please read these terms carefully
These Terms form a legally binding contract between you and us. By accessing or otherwise using any Services in any way, you agree to be bound by these Terms as well as any other applicable terms and conditions or agreements you enter into with us regarding your use of any portion of the Services.
Changes to these terms
We may change these Terms to reflect: (a) changes in applicable laws; (b) regulatory or security requirements; (c) relevant guidance or codes of practice; (d) technical alterations to Services; (e) improvements for clarity and consistency; or (f) any other reason within our sole discretion.
Please check these Terms frequently. We will treat your continued use of the Services as acceptance of any changes made to the Terms from the previous version. If you do not agree with the changes, you should stop using the Services.
Arbitration notice
In most cases if there is a dispute between us, it will be arbitrated. Additional details are below in the “MANDATORY ARBITRATION” Section.
Use of services
The Services are intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of our Services, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of these Terms. Any access to or use of the Services by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms.
The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration or other requirement within such jurisdiction or country. We reserve the right to limit access to the Services to any person, geographic region or jurisdiction. You may not use the Services in violation of applicable laws and regulations.
Communications
By using our Services, you agree to subscribe to newsletters and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by unsubscribing or by emailing at info@balmoraladvisors.com.
Forward looking statements
Statements made by us or through our Services that look forward in time involve risks and uncertainties and are forward-looking statements. Such risks and uncertainties include, without limitation, the adverse effect from a general downturn in the economy, competition from other companies, changes in government policy or regulation, unforeseen costs and other effects related to legal proceedings or investigations of governmental and self-regulatory organizations.
Forward-looking statements reflect our current views with respect to, among other things, the operations and performance of our business. You can identify these forward-looking statements by the use of words such as “outlook,” “believe,” “expect,” “potential,” “continue,” “may,” “should,” “seek,” “approximately,” “predict,” “intend,” “will,” “plan,” “estimate,” “anticipate” or the negative version of these words or other comparable words. Forward-looking statements are subject to various risks and uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. We make no representations and will have no liability for, and undertake no obligation to publicly update or review, any forward-looking statement, whether as a result of new information, future developments or otherwise.
Advice
The Services (including but not limited to articles, commentaries, plans, guides) are provided for educational or consultation purposes only and are not intended to provide legal or tax planning advice. You agree that we are not a fiduciary by virtue of your use of the Services and that you are responsible for your own decisions, that you will not rely on the Services as the primary basis for your decisions, and, except as otherwise provided herein, we will not be liable for any actions you take based on information you receive via our Services.
License
We grant you a non-exclusive, non-transferable, non-sublicensable, personal, limited license, which can be revoked at any time, to access and use the Services subject at all times to your strict compliance with these Terms. We reserve all other rights, including all right, title and interest in the Services and associated intellectual property rights. Further you may not use any automation tools, macros, bots or auto-typers to circumvent any technical mechanisms or protections in place, or impersonate any of our employees, officers or agents, encourage others whether directly or indirectly to break any of these Terms, use inappropriate language or behavior including any action that may be considered offensive, racist, obscene, discriminatory, nor ask for any personal details of other users, or advertise other websites using the Services.
Except as provided in these Terms, use of the Services does not grant you any right, title, interest, or license to any such intellectual property you may access through the Services. Except as provided in these Terms, any use or reproduction of the Services or intellectual property therein is strictly prohibited.
You must not attempt to gain unauthorized access to the Services, the server on which the Services are stored, or any server, computer or database connected to the Services. You must not attack the Services via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them in accordance with our Privacy Policy. In the event of such a breach, your right to use and licenses granted in these Terms will cease immediately without notice from us.
You represent and warrant that your use of the Services will comply with all applicable laws, rules and regulations. If you are subject to regulations and you use the Services, we will not be liable if the Services do not meet those requirements.
Intellectual property rights, ownership and restrictions
Any names, brands, and logos on the Services, whether existing now or in the future, are either the registered and/or unregistered trademarks of ours or owned by third parties and licensed for our use.
Materials (including without limit all information, data, text, photographs, graphics, sound and video) provided through any Services by us, or on our behalf, are protected by our (or our business partners/suppliers/advertisers or licensors) copyright and other intellectual property rights. You may not use these materials or any Services except in accordance with these Terms.
You acknowledge that all intellectual property and other rights in any Services are and will remain the property of ours and/or our licensors. As part of the license granted under these Terms, you are only granted limited non-transferrable, non-sublicensable permission (which can be revoked at any time) to use such content or Services, subject to and in accordance with these Terms.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP, TITLE, OR OTHER PROPRIETARY INTEREST IN ANY SERVICES.
We reserve the right to stop offering any Services at any time, either permanently or temporarily, at which point any license granted to you to use the Services or a part thereof will be automatically terminated or suspended. In such event, we shall not be required to provide refunds, benefits, or other compensation to users in connection with such discontinued elements of the Services unless required by law.
WE DO NOT GUARANTEE THE ONGOING SUPPLY OF ANY SERVICES OR THAT THE SERVICES OR ANY RELATED SERVICES OR CONTENT WILL BE AVAILABLE AT ALL TIMES, IN ALL LOCATIONS, OR AT ANY GIVEN TIME OR THAT WE WILL CONTINUE TO OFFER THE SERVICES, RELATED SERVICES OR CONTENT FOR A PARTICULAR LENGTH OF TIME.
Functioning of services
We will use reasonable endeavors to maintain the operation of the Services and rectify faults as quickly as possible. We reserve the right to modify the Services and we may have to suspend operation of any Services without notice improvement, security, or any other reason. If so, we will do our best to ensure that the suspension is as short as possible. We cannot accept responsibility for such suspensions, interruptions or errors caused by circumstances outside of our reasonable control.
Third party sites and technologies
THE SERVICES MAY INCLUDE LINKS TO INTERNET SITES OR OTHER TECHNOLOGIES SUPPLIED BY THIRD PARTIES. WE MAKE NO PROMISES ABOUT THOSE THIRD-PARTY SITES TECHNOLOGIES OR THEIR CONTENT, PRODUCTS OR SERVICES AS THESE ARE OUTSIDE OUR REASONABLE CONTROL.
ANY THIRD-PARTY SITES OR TECHNOLOGIES SUGGESTED ARE NOT ENDORSED, CONTROLLED OR VERIFIED BY US. WE DO NOT GUARANTEE THAT ANY SUGGESTED TECHNOLOGIES WILL WORK ON YOUR COMPUTER OR BE VIRUS FREE. ANY SUGGESTIONS MADE ARE NOT A WARRANTY OF ANY KIND AND WE ARE NOT RESPONSIBLE FOR ANY DISRUPTION, PROBLEM, DAMAGE, DATA LOSS, COST OR INCONVENIENCE CAUSED BY THE SUGGESTED SITES OR TECHNOLOGIES. WE WILL NOT PROVIDE SUPPORT FOR ANY SITES OR TECHNOLOGIES WHICH ARE NOT OUR OWN. WE EXERCISE NO CONTROL OVER THE COPYRIGHT, PATENT OR TRADEMARK COMPLIANCE OR LEGALITY OF THE SUGGESTED SITES OR TECHNOLOGIES.
Liability disclaimer
THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SERVICES AND THE CONTENT AVAILABLE ON THE SERVICES IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SERVICES IS FREE OF VIRUSES.
IN NO EVENT SHALL WE (NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY ON, OR USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY COMPUTER VIRUSES, INFORMATION, CONTENT, SUBMISSIONS, SOFTWARE, LINKED SITES, PRODUCTS, AND/OR SERVICES OBTAINED OR ACCESSED THROUGH THE SERVICES; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY ON, OR USE OF THE SERVICES) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of us.
You agree to indemnify and hold us harmless from any losses, damages, judgments, fines and costs, including legal fees and expenses, in connection with any claims arising out of or relating to (a) your use of the Service, (b) your violation of any laws, rules or regulations (including, without limitation, data privacy and protection laws), (c) any misrepresentations by you, or (d) your breach of these Terms.
Use of your personal information
We will use your personal data as set out in our Privacy Policy.
General
These Terms and any document incorporated by reference constitute the entire agreement between the parties with respect to its subject matter and supersede any previous terms between the parties in relation to such matters. The limitations, exclusions and restrictions in these Terms shall inure to the benefit of our licensors, successor, and assigns. These Terms are drafted in the English language and may be translated into other languages. The English language version of these Terms shall prevail if there is a conflict or inconsistency, or clarification required with other language versions. The headings in these Terms are for ease of reference only and shall be disregarded in construing or interpreting the Terms. If we fail to enforce any provision of these Terms, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. If any provision of these Terms is found by a court to be invalid, we agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and that other provisions remain in full force and effect. We may transfer all or part of our rights or duties under these Terms provided we take reasonable steps to ensure that your rights under these Terms are not prejudiced. As these Terms are personal to you, you may not transfer any of your rights or duties under it without our prior written consent. A person who is not a party to these Terms shall have no rights to enforce any its terms.
Mandatory arbitration
If a dispute or problem arises, users should first contact us via email at info@balmoraladvisors.com. If we cannot resolve the dispute or problem, you consent to arbitration. By using the Service, you are waiving the right to a jury trial.
Complaints.
In the event of any dispute or problem please contact us via email. In the event that your query is not satisfactorily resolved, you may lodge a complaint with us or request details about our complaint handling procedures.
When raising an official complaint, please set out the reason for your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. We will acknowledge receipt of your complaint. A member of our team will consider your complaint without prejudice based on the information you have provided and information held by us.
Within 30 business days of our receipt of your complaint we will address all points raised in your complaint by sending you an email explaining how we will (i) resolve your complaint in the way you requested; (ii) make a determination rejecting your complaint and set out the reasons for the rejection; or (iii) offer to resolve your complaint with an alternative solution.
Notice to California residents.
If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
Dispute.
Except as described below in the Exceptions and Opt-Out section, you agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
Exceptions.
Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law in aid of arbitration; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
Opt-out.
If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section-Mandatory Arbitration within 30 days after the date that you agree to these Terms by sending a letter to 100 South Wacker Drive, Suite 850, Chicago, Illinois 60606 that specifies: your full legal name and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once we receive your Opt-Out Notice, this Section be void and any action arising out of these Terms will be resolved as set forth in Section – Governing Law. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
Arbitrator.
This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879.
Commencing arbitration.
Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Our address for Notice is: 100 South Wacker Drive, Suite 850, Chicago, Illinois 60606. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or we may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, we will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if we have received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and the other party may seek reimbursement for any fees paid to AAA.
Arbitration proceedings.
Any arbitration hearing will take place in the county and state of your billing address unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. During the arbitration, the amount of any settlement offer made by you or us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
Arbitration relief.
Except as provided in Section —No Class Actions, the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by us before an arbitrator was selected, we will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgement on the award may be entered in any court having jurisdiction.
No class actions.
YOU AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both parties agree otherwise, 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.
Modifications to this arbitration provision.
If we make any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to our address for Notice of Arbitration and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
Enforceability.
If Section – No Class Actions or the entirety of this Section – Mandatory Arbitration is found to be unenforceable, or if we receive an Opt-Out Notice from you, then the entirety of this Section-Mandatory Arbitration will be null and void and, in that case, the exclusive jurisdiction and venue described in Section- Governing Law will govern any action arising out of or related to these Terms.
Governing law
These Terms are governed by the laws of the state of Delaware. You and we both agree to the exclusive jurisdiction and venue of the state and federal courts in Delaware and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to use of the Services.
Contact us
For answers to your questions or ways to contact us, email us at info@balmoraladvisors.com.
