Terms and Conditions

As with all financial matters, you should exercise great care in using the information provided on this website or available through links from this website. You should research the facts and opinions contained in this information, including speaking to your DCM financial adviser, before making any financial decisions. The information provided on this site is provided to you for information purposes only and does not constitute an offer to sell or a solicitation of an offer to buy any product that may be referenced on the site. The information about your account available on this website is not the official record of your account. Nothing on this website should be construed as rendering tax, legal, investment, or accounting advice. The posting of any prospectus or any other information on this website should not be interpreted as a recommendation or opinion that you should make any purchase or sale or participate in any transaction.

Investment Performance

Historical performance is not necessarily indicative of future performance of an investment.  The value of investments may fall as well as rise and investors may not get back the amount invested.  Investment in Primus Funds, Crescendo Funds and DCM Cash Plus Fund SPC LTD. are not insured or guaranteed by the U.S. government or any other party.

Ownership and Use of Content. All of the information and content on this website, including but not limited to all text, graphics, software applications, video and audio files and photos ("Content") is DCM’s property, or the property of our suppliers. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and other proprietary notices. The use of the Content on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, framing the Content within another website, is expressly prohibited without the prior written permission of DCM.


Security

For your protection, DCM uses encryption technologies for certain types of communications conducted through this website. While we provide those technologies and use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception or error. In connection with your use of this website, you will establish or otherwise receive from us a  User ID and Password ("User Codes") that you will need in order to access and use certain portions of this website. You are responsible for maintaining the confidentiality of your User Codes. You agree that you will be fully responsible for all activities that occur utilizing your User Codes, and that DCM is not under any duty to inquire as to the authority or propriety of any instructions given to DCM via your User Codes. You agree that DCM shall not be responsible for damages or losses resulting from any breach of security caused by your failure to maintain the confidentiality of your User Codes. If you permit access to your User Codes by third parties, then you agree to defend, indemnify and hold DCM harmless against any liability, losses, damages or costs and expenses (including attorney fees) arising out of, or resulting from, such access and related use of the website. DCM reserves the right to block access to the website for any reason. You also agree to immediately notify DCM if you:

• Become aware of any loss or theft of your User Codes or
• Become aware of any unauthorized use of your User Codes.

Finally you acknowledge and agree that users of this website and users, owners, or managers of third party websites may not: (i) collect or store personal data about other users of this website or (ii) upload, e-mail or otherwise transmit any material that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software, hardware, database or file, or communications equipment that is owned, leased or used by DCM.

E-Mail

Certain portions of this website may offer you the ability to e-mail a message to DCM. E-mail functionality, if any, is provided to you to facilitate communication between you and DCM. You agree, however, that you will not use e-mail to request, authorize or effect the purchase or sale of any securities or other product or service, to change your address or other account information, to change your User Codes, to transmit personal credit information (including credit card numbers), to send fund transfer instructions, or for any other financial transactions that require formal authorization in accordance with applicable law or DCM policies and procedures. Any such requests, orders, or instructions that you send to DCM by e-mail will not be accepted or processed by DCM. DCM shall have no liability for any loss or damage that arises from unaccepted e-mail requests, orders or instructions. Moreover, DCM shall have no liability for any loss or damage that results from interception and/or unauthorized use by third parties of any information you send by e-mail. For information regarding DCM's use of your e-mail address, please review our Privacy Policy.

Minors

This website does not intend to market any DCM products or services to minors. DCM does not knowingly gather or solicit data from minors through this website for marketing purposes.

Hyperlinks

From time to time, as a convenience for you, we may provide links to third party websites, or permit third parties to link to this website. Links to or from a third party site, whether provided by DCM or not, do not imply any affiliation between DCM and the site owner, or an endorsement, approval, or verification by DCM of any content available on such third party sites. We do not review any of these third party sites and we are not responsible or liable for the accuracy or completeness of the content on any such third party sites. By providing access to other websites, DCM is not recommending the purchase or sale of products or services provided by the sponsoring organization of any linked site. Subject to the terms of applicable service or other agreements, we will remove any link from this website upon request from the owner of the linked site. Please call our MIS department at (305) 371-2776 to submit such a request.

Availability

We offer products and services designed specifically for non-U.S. investors.  The information and other material contained on these web pages are only directed at and available to investors outside the U.S. and we reserve the right to determine the eligibility of any user for any product or service. The pages relating to each product or service may provide additional information on the availability of each product or service and may contain terms governing eligibility.

Termination

The rights granted to you herein terminate immediately upon any violation by you of these terms of use.  DCM reserves the right to terminate your access to this Site at any time, without notice, for any reason whatsoever.  You agree that DCM shall not be liable to you or any third party for any termination of your access to this Site.

Indemnity

You agree to indemnify, defend, and hold harmless DCM and affiliates and the officers, directors, employees, and agents of DCM and its affiliates, from and against any and all claims, liabilities, damages, losses, or expenses, including attorney’s fees and costs, arising out of or in any way connected with your access to or use of this Site.

NO WARRANTY

WE WILL MAKE EVERY REASONABLE EFFORT TO INCLUDE ACCURATE AND UP TO DATE CONTENT ON THIS WEBSITE. HOWEVER, THE CONTENT ON THIS WEBSITE (INCLUDING ANY GRAPHICS) AND ANY MATERIALS MADE AVAILABLE THROUGH THIS WEBSITE ARE SUBJECT TO APPLICABLE STATUTES AND REGULATIONS, AND ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DCM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. DCM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THIS WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THIS CONTENT COULD BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. DCM UNDERTAKES NO OBLIGATION TO MAINTAIN THE CURRENCY OF SUCH INFORMATION.

DCM ENDEAVORS TO MAINTAIN THIS WEBSITE AND ITS OPERATION, BUT IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS WEBSITE OR ITS OPERATION. AS TO THE OPERATION OF THIS WEBSITE, DCM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DCM MAKES NO WARRANTY THAT (i) THE OPERATION OF THIS WEBSITE WILL MEET THE USER'S REQUIREMENTS; (ii) ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FREE OF ERRORS; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE; OR (iv) DEFECTS WILL BE CORRECTED. YOU (AND NOT DCM) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF VISITING THIS WEBSITE.

TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT ACCESSIBLE ON THIS WEBSITE, OR ANY OTHER WEBSITE TO WHICH WE LINK, AND ALL OPERATIONS ON THIS WEBSITE ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.

NO LIABILITY  (expanded version of Indemnity clause)

IN USING THIS WEBSITE, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD DCM LIABLE TO YOU OR ANY PARTY FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE (OR ANY OTHER LINKED WEBSITE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE ON THIS WEBSITE (OR ANY OTHER LINKED WEBSITE). DCM SHALL NOT BE LIABLE EVEN IF DCM OR A DCM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS OR OTHER HARMFUL COMPONENT.

THESE LIMITATIONS ON DCM'S LIABILITY MAY BE DIFFERENT IN CONNECTION WITH PARTICULAR PRODUCTS OR SERVICES THAT ARE OFFERED.

Client Identification

Dimension Capital Management has instituted a Client Identification Program in furtherance of its obligations under the USA Patriot Act (Act). This important federal regulation is designed to prevent, deter and, where necessary, prosecute those who seek to manipulate the U.S. financial system.

Consistent with the Act, the provisions of Dimension Capital Management’s Client Identification Program serve to reinforce key elements of an investment adviser’s responsibility of becoming familiar with its clients. Thus, before DCM can effectively maintain and service your account, DCM must (i) collect identification information; (ii) verify that information; (iii) screen this information using certain resources, including information provided by governmental agencies; and (iv) maintain records relevant to the verification process. In addition, DCM may ask you to provide identification documents or other information. Please keep in mind that DCM will endeavor to secure this information in accordance with its privacy standards. Your assistance in meeting our obligations under the Act is part of a global effort to combat terrorism in one of the most effective ways possible.

Additional Information

All information, other than personal information subject to DCM’s  Privacy Policy, submitted to DCM through this website is the property of DCM. DCM shall be free to use any ideas, concepts, know-how or techniques that you may submit to DCM through this website for any purpose, including but not limited to, improving our services. We shall not be subject to any obligations of confidentiality regarding any submitted information except as specified in DCM's  Privacy Policy, as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

Changes

The Content on this website, and these Terms and Conditions, are subject to change or updating by DCM at any time without prior notice. The changes may include superseding terms and conditions or specific notices. YOU SHOULD REVIEW THESE TERMS AND CONDITIONS FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continuing use of this website constitutes your acceptance of any change or update, all of which shall become controlling when posted.

Privacy

Please click here to read DCM’s  Privacy Policy.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States and the State of Florida, without giving effect to conflict of law principles thereof. The services and products described and information provided through this website are directed to and are intended to be made available only to persons who reside outside 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 DCM to any registration requirement within such jurisdiction or country. Persons who access this website do so on their own initiative, and are responsible for compliance with applicable local laws and regulations.