THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF DIMENSION CAPITAL MANAGEMENT’S
INTERNET WEBSITE (WWW.DIMENSIONCAPITAL.COM). YOUR USE OF OUR WEBSITE CONSTITUTES
YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS
AND CONDITIONS BELOW, DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF.
This Internet website presents information and content that is the property of Dimension
Capital Management (“DCM”). When used in these Terms and Conditions, "we"
and "our" mean DCM.
Investment Decisions
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.
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.
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 certain products and services designed specifically for non-U.S. investors.
The information and other material contained on these web pages pertaining to these
investments 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 Notice
This notice is being provided to you in accordance with the Securities and Exchange
Commission’s rule regarding the privacy of consumer financial information (“Regulation
S-P”). Please take the time to read and understand the privacy policies and procedures
that we have implemented to safeguard your nonpublic personal information.
INFORMATION WE COLLECT
Dimension Capital Management, LLC must collect certain personally identifiable financial
information about its customers to ensure that it offers the highest quality financial
services and products. The personally identifiable financial information which we
gather during the normal course of doing business with you may include:
1. information we receive from you on applications or other forms;
2. information about your transactions with us, our affiliates, or others;
3. information collected through an Internet “cookie” (an information collecting
device from a web server); and
4. information we receive from a consumer reporting agency.
INFORMATION WE DISCLOSE
We do not disclose any nonpublic personal information about our customers or former
customers to anyone, except as permitted by law. In accordance with Section 248.13
of Regulation S-P, we may disclose all of the information we collect, as described
above, to certain nonaffiliated third parties such as attorneys, accountants, auditors
and persons or entities that are assessing our compliance with industry standards.
We enter into contractual agreements with all nonaffiliated third parties that prohibit
such third parties from disclosing or using the information other than to carry
out the purposes for which we disclose the information.
CONFIDENTIALITY AND SECURITY
We restrict access to nonpublic personal information about you to those Employees
who need to know that information to provide financial products or services to you.
We maintain physical, electronic, and procedural safeguards that comply with federal
standards to guard your nonpublic personal information.
Rev. 9-2004
[Footnote]
1. Nonpublic personal information means personally identifiable financial information
and any list, description or other grouping of consumers that is derived using any
personally identifiable financial information that is not publicly available.
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.
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