TERMS AND CONDITIONS
As of January 11, 2021
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. This information and material must be read in conjunction with the prospectus in order to understand fully all the implications and risks of any offering of securities to which it relates.
Terms and Conditions of Use
2. Structure of PCS and its affiliates
PCS 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 PCS. 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 PCS Web Site.
3. Modifications of This Agreement
PCS reserves the right to change, modify, amend and/or update this Agreement at any time with or without prior notice. Your use of this PCS 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 PCS Web Site.
PCS is not affiliated or associated with the sponsors, owners or producers of any third-party Web Sites linked to or from this PCS Web Site. These linked Sites are not under PCS’s control and PCS 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. PCS 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. PCS 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.
The PCS Web Site and its contents are intended solely for personal use. Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of this PCS Web Site are copyrights, patents, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by PCS or by third parties who have licensed their materials to PCS 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 PCS Web Site is the exclusive property of PCS 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 PCS 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 PCS’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 PCS Web Site for any purpose that is unlawful or prohibited by this Agreement; (ii) use or access this PCS Web Site in a manner that could damage, disable, overburden, or impair any PCS server or the networks connected to any PCS server; (iii) interfere with any third party’s use and enjoyment of this PCS Web Site; or (iv) attempt to gain unauthorized access to accounts, computer systems or networks connected to any PCS server through hacking, password mining or any other means.
6. User IDs/Passwords
Use of certain features on the PCS Web Site might be limited and/or require registration. PCS will review and determine, in its sole discretion, whether to accept your registration. PCS shall have the right, in its sole discretion, to refuse or restrict anyone from access to the PCS Web Site at any time for any reason. Upon acceptance of your registration by PCS, you will be given your user ID and password (collectively “Password”) for access to and use of the applicable portion of the PCS Web Site.
PCS 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 PCS immediately about any unauthorized use of your Password or any breach of security. You further agree that PCS 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 PCS.
THIS PCS WEB SITE IS PROVIDED BY PREFERRED CAPITAL SECURITIES ON AN “AS IS” AND “AS AVAILABLE” BASIS. PCS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS PCS WEB SITE OR THE INFORMATION INCLUDED ON SUCH PCS WEB SITE. PCS 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. PCS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THIS PCS WEB SITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PCS WEB SITE OR THE SERVER THAT MAKES THE PCS WEB SITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES. PCS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THIS PCS WEB SITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS PCS 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 PCS 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 PCS 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 PCS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT PCS, 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 PCS 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 PCS through the PCS Web Site (collectively, the “Submission”) will forever be the property of PCS 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. PCS will not be required to treat any Submissions as confidential (unless required by law or if PCS 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 PCS operations. Without limitation, PCS 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. PCS retains the right to review, edit or delete from the PCS Web Site any Submission which PCS 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 PCS Web Site, you consent to PCS recording any communication, electronic or otherwise, between you and PCS and retaining any information and data you submit while using the PCS Web Site.
In using the PCS Web Site, you may be permitted to communicate electronically with PCS by sending electronic mail to PCS; however, you acknowledge and agree that only general information or inquiries may be submitted to PCS via electronic mail and any other submissions or communications on or through the PCS Web Site may be submitted only in accordance with the express instructions set forth on the PCS Web Site for such submissions or communications. Please do not send any time-sensitive communications to PCS via e-mail as PCS cannot be responsible for responding to any such communications.
PCS may seek to gather information from the user who is suspected of violating this Agreement, and from any other user. PCS 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 PCS 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. PCS will fully cooperate with any law enforcement authorities or court order requesting or directing PCS 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 PCS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PCS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER PCS OR LAW ENFORCEMENT AUTHORITIES.
10. Online Copyright Infringement Notification Policy
If you believe that this PCS Web Site contains materials that constitute copyright infringement, please notify PCS in accordance with its Online Copyright Infringement Notification Policy, below.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD PCS 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 PCS WEB SITE AND/OR (II) YOUR BREACH OF ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT.
12. Terms and Termination
PCS shall have the right to terminate your access to, and use of, the PCS Web Site immediately, if, in its sole discretion, PCS believes that your conduct fails to conform with this Agreement. PCS 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 PCS 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 PCS Web Site; and (b) as applicable, pay any amounts owed to PCS 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 PCS 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 PCS WEB SITE MUST BE COMMENCED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
The failure of PCS to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit PCS’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. PCS 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 PCS’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.