Last modified November 17, 2017.
Welcome to skbcos.com (the “SKB website”), a website operated by ScanlanKemperBard Companies, LLC (“SKB Companies”) and SKB Securities, LLC (“SKB Securities”), a registered broker-dealer and member of FINRA, and a wholly-owned subsidiary of SKB Companies (collectively, the “SKB Entities”). These Terms of Service describe the eligibility requirements and other restrictions governing your access to and use of the information, content, tools, and services available on and through the password-protected and non-public areas of the SKB website (the “SKB services”).
These Terms of Service are in addition to any other agreements between you and the SKB Entities or any of their affiliates, including any customer or account agreements, and any other agreements that govern your use of any information, content, tools, products, or services available on or through the SKB website.
Changes to Terms of Service
The SKB Entities reserve the right to modify or update these Terms of Service at any time. Any modifications or updates will be posted on this page and will be effective upon posting. By continuing to use the SKB website after we have posted any such modifications or updates, you are agreeing to the terms and conditions of these Terms of Service as modified or updated. Your use of the SKB website is governed by the version of these Terms of Service in effect at the time you access or use the SKB website.
Restricted Access to Website Services
The SKB services are intended to be accessed and used only by qualified, registered, and authorized persons meeting the eligibility requirements and other restrictions described in these Terms of Service or otherwise imposed by the SKB Entities. All other persons are expressly prohibited from accessing or using any of the SKB services.
Qualification, Registration, and Authorization
The SKB website and the SKB services are intended to be accessed and used by persons over the age of 18 who are Accredited Investors. As used in these Terms of Service, an “Accredited Investor” is any person who comes within any one or more of the categories described in subsections (a)(1)-(8) of Rule 501 of Regulation D. Those categories, described in greater detail in our Investor Questionnaire and Agreement, include, in general terms and subject to certain additional requirements, (i) individuals having a net worth in excess of $1,000,000 (calculated in accordance with Rule 501(a)(5)(i)) or annual income in excess of $200,000 in each of the two most recent years; (ii) corporations, LLCs, or other entities whose equity owners all are Accredited Investors; (iii) trusts, corporations, non-profits, partnerships, and public employee benefit plans having total assets in excess of $5,000,000; and (iv) banks, savings and loan associations, registered broker-dealers, insurance companies, registered investment companies, business development companies, small business investment companies, and other specified persons.
SKB Securities will confirm your status as an Accredited Investor through our Investor Questionnaire and Agreement.
In order to access and use the SKB services, you must complete and deliver an Investor Questionnaire and Agreement to SKB Securities, and SKB Securities must accept your completed Investor Questionnaire and Agreement. SKB Securities is under no duty to accept any completed Investor Questionnaire and Agreement, and SKB Securities reserves the right to decline to accept any Investor Questionnaire and Agreement for any reason or for no reason at all. SKB Securities also may require that you provide additional information or documentation as a condition of your access and use of the SKB services.
The terms and conditions of our Investor Questionnaire and Agreement are incorporated into these Terms of Service. Our Investor Questionnaire and Agreement requires you to make certain representations and warranties, including among other things, representations and warranties concerning your financial condition, your financial and investment expectations, and your investment experience and knowledge. Our Investor Questionnaire and Agreement also includes provisions relating to the electronic submission and delivery of documents, as well as a provision requiring the arbitration of any dispute.
Our Investor Questionnaire and Agreement contains a predispute arbitration clause governing all disputes between you and any of the SKB Entities. By signing the arbitration agreement the parties agree as follows:
– All parties to the Investor Questionnaire and Agreement are giving up the right to sue each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed.
– Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited.
– The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings.
– The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least 20 days prior to the first scheduled hearing date.
– The panel of arbitrators may include a minority of arbitrators who were or are affiliated with the securities industry.
– The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court.
– The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this agreement.
You are solely responsible for maintaining the confidentiality and use of any such password and other personal security data. Any such password is for your personal use only, and you agree to not share it with any other person or to permit any other person to access the SKB services or any other portion of the SKB website through the use of such password. You are responsible for all activities that occur in connection with your password, including all instructions electronically transmitted or the use of any data, information, or services obtained using your password and other personal security data. The SKB Entities are under no duty to inquire as to the authority or propriety of any instructions given by any means requiring entry of your password and that the SKB Entities are entitled to act upon any such instructions. Accordingly, you should take steps to protect the confidentiality of your password. You agree to notify one of the SKB Entities immediately if you suspect or become aware of any disclosure, loss, theft, or unauthorized use of your password or other personal security data.
If accepted, you will be allowed to access and use the SKB Website services within 14 days of submitting an investor questionnaire and agreement.
Discontinuance of SKB Services
Unless otherwise agreed and subject to applicable law, the SKB Entities may discontinue the SKB services at any time without prior notice to you.
Termination of Access to SKB Services
Unless otherwise agreed and subject to applicable law, the SKB Entities may terminate or block your access to and use of the SKB services at any time without prior notice to you.
Limited Services Provided
The SKB Entities do not provide investment, tax, or legal advice on or through the SKB website, the SKB services, or otherwise.
Disclaimer of Warranties and Limitation of Liability
The SKB Entities will not be liable for any loss or damages incurred by you related to your use or attempted use of the SKB services in any manner not authorized or permitted under these Terms of Service, and the SKB Entities will not be liable for any special, incidental, consequential, indirect, or punitive damages related to any such use or attempted use of the SKB services, even if such damages were reasonably foreseeable.
If you have any questions about these Terms of Service, please contact us at (503) 220-2600.