Terms and Conditions for Brayshaw Financial

Effective Date: May 30, 2025

Welcome to www.brayshawfinancial.com (the "Website"), operated by Brayshaw Financial ("we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of the Website and any services, content, or products offered by Brayshaw Financial (collectively, the "Services"). By accessing or using the Website or Services, you agree to be bound by these Terms. If you do not agree, please do not use the Website or Services.

1. Acceptance of Terms

By accessing the Website or using our Services, you confirm that you are at least 18 years old (or the age of majority in your jurisdiction) and have the legal capacity to enter into these Terms. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the Website, with the updated effective date noted above. We may notify you of material changes via email or a prominent notice on the Website. Your continued use of the Website or Services after changes are posted constitutes your acceptance of the revised Terms.

3. Eligibility and Account Registration

3.1 Eligibility: To use our Services, you must be at least 18 years old and not barred from receiving financial services under applicable laws. Certain Services may require additional eligibility criteria, such as residency or financial qualifications, which will be communicated during the registration process.

3.2 Account Registration: To access certain Services, you may need to create an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain the security of your account credentials (e.g., username and password).
• Notify us immediately of any unauthorized access or use of your account at support@brayshawfinancial.com.
• Accept responsibility for all activities conducted through your account.

4. Use of the Website and Services

4.1 Permitted Use: You may use the Website and Services solely for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Website or Services in violation of any applicable local, state, national, or international law.
• Engage in fraudulent activities, including misrepresentation of identity or financial information.
• Attempt to gain unauthorized access to the Website, servers, or systems.
• Use automated scripts, bots, or other means to collect data or interfere with the Website’s functionality.
• Transmit viruses, malware, or any code that may harm the Website or other users.

4.2 Financial Services: Our Services may include financial advice, investment management, or other financial products. These Services are subject to additional agreements, disclosures, or regulatory requirements, which will be provided to you as applicable.

4.3 License to Use: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website and Services for personal or authorized business purposes, subject to these Terms.

5. Intellectual Property

5.1 Ownership: All content on the Website, including text, graphics, logos, images, software, and other materials (collectively, "Content"), is owned by or licensed to Brayshaw Financial and is protected by copyright, trademark, and other intellectual property laws.

5.2 Restrictions: You may not copy, reproduce, distribute, modify, or create derivative works from the Content without our prior written consent, except as permitted by law (e.g., fair use).

5.3 User-Generated Content: If you submit content to us (e.g., reviews, feedback, or inquiries), you grant us a worldwide, non-exclusive, royalty-free, perpetual license to use, reproduce, modify, and display such content for business purposes, including marketing and service improvement.

6. Financial Advice and Risks

6.1 No Guarantee: Any financial advice or information provided through the Website or Services is for informational purposes only and does not constitute a guarantee of financial outcomes. Past performance is not indicative of future results.

6.2 Risk Acknowledgment: Investments and financial decisions involve risks, including the potential loss of principal. You are responsible for evaluating the risks and consulting with qualified professionals before making financial decisions.

6.3 Personalized Advice: Financial advice may be tailored based on information you provide. You agree to provide accurate and complete information to ensure the suitability of our recommendations.

7. Fees and Payments

7.1 Service Fees: Certain Services may incur fees, which will be disclosed in separate agreements or during the service registration process. You agree to pay all applicable fees in a timely manner.

7.2 Payment Authorization: By providing payment information, you authorize us to charge your designated payment method for all fees and applicable taxes.

7.3 Refunds: Refunds, if applicable, will be governed by the specific terms of the Service agreement or as required by law.

8. Termination

8.1 By You: You may stop using the Website or Services at any time. To terminate your account, contact us at support@brayshawfinancial.com.

8.2 By Us: We may suspend or terminate your access to the Website or Services if you:

• Violate these Terms.
• Engage in fraudulent or illegal activities.
• Fail to pay applicable fees.
• Pose a security risk to the Website or other users.

8.3 Effect of Termination: Upon termination, your right to access the Services will cease, but obligations related to confidentiality, payment, and intellectual property will survive.

9. Limitation of Liability

9.1 Disclaimer: To the fullest extent permitted by law, the Website and Services are provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

9.2 Limitation: Brayshaw Financial, its affiliates, and their respective officers, directors, employees, or agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of the Website or Services, even if advised of the possibility of such damages.

9.3 Cap on Liability: Our total liability to you for any claim arising from these Terms or the Services will not exceed the amount you paid us for the Services in the 12 months preceding the claim, or $100, whichever is greater, unless otherwise required by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Brayshaw Financial, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising from your violation of these Terms, misuse of the Services, or violation of any third-party rights.

11. Governing Law and Dispute Resolution

11.1 Governing Law: These Terms are governed by the laws of the State of New Hampshire, USA, without regard to its conflict of law principles. For users in the European Economic Area (EEA), mandatory local consumer protection laws will apply where applicable.

11.2 Dispute Resolution: Any disputes arising from these Terms or the Services will be resolved through:

• Informal Negotiation: You agree to first attempt to resolve disputes informally by contacting us at support@brayshawfinancial.com.
• Arbitration: If informal resolution fails, disputes will be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, conducted in Bedford, NH unless otherwise agreed. You waive your right to participate in class actions or class-wide arbitration.
• Exceptions: Claims involving intellectual property rights, injunctive relief, or small claims court matters may be resolved in a court of competent jurisdiction.

11.3 Time Limit: Any claim must be brought within one year of the event giving rise to the claim, or it will be barred, unless otherwise required by law.

12. International Users

The Website and Services are operated from the United States. If you access the Website from outside the U.S., you are responsible for compliance with local laws. For EEA residents, we comply with applicable GDPR requirements, as outlined in our Privacy Policy.

13. Third-Party Links and Services

The Website may contain links to third-party websites or services. We are not responsible for their content, practices, or availability. Your use of third-party services is at your own risk and subject to their terms.

14. Force Majeure

We will not be liable for any failure to perform our obligations under these Terms due to events beyond our reasonable control, including but not limited to natural disasters, wars, government actions, or technical failures.

15. Miscellaneous

15.1 Entire Agreement: These Terms, along with our Privacy Policy and any specific Service agreements, constitute the entire agreement between you and Brayshaw Financial regarding the Website and Services.

15.2 Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

15.3 Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

15.4 Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

15.5 Notices: We may send notices to you via email, mail, or postings on the Website. You may contact us at:

• Email: support@brayshawfinancial.com
• Mail: Brayshaw Financial, 116 South River Road Building D, Suite 5 Bedford, NH 03110, USA

16. Contact Us

For questions or concerns about these Terms, please contact us at:

• Email: support@brayshawfinancial.com
• Phone: (888) 226-8550
• Mail: Brayshaw Financial, 116 South River Road Building D, Suite 5 Bedford, NH 03110, USA

For EEA residents, you may also contact our EU Representative at [Insert EU Representative Contact Details, if applicable].