• 323 Newbury Street, Boston, MA 02115
  • 4400 Marsh Landing Blvd, Ste 3, Ponte Vedra Beach, FL 32082

Please read the following Website Terms of Use (the “Terms of Use”) prior to using this Website. By using or otherwise accessing this Website, you agree to the terms, conditions, policies and restrictions governing the use of this Website, which thus constitute a legal agreement between you and Dubin Clark & Company, Inc. (“Dubin Clark”). Dubin Clark may change, suspend or discontinue any aspect of this website at any time, including the availability of any feature, database or content therein. Dubin Clark may also modify these Terms of Use with or without notice to you, and such modified Terms of Use shall be effective immediately upon posting. If you do not agree to abide by these terms and conditions, do not use this Website. Your continued use of this Website following the posting of any changes to the Terms of Use constitutes acceptance of such changes.

NO OFFER

The information, tools and material presented in this Website are provided to you for informational purposes only and are not intended to be, and should not be, used or considered as an offer, recommendation or a solicitation to sell, or an offer, recommendation or solicitation to buy or subscribe to any securities, financial instruments, investment management services or advisory services.

NO ADVICE

This Website does not intend to provide investment, tax or legal advice. Dubin Clark does not represent that the securities, financial instruments, products or services presented in this Website are suitable or appropriate for all investors. Decisions based on information contained in this Website are your sole responsibility. Prior to the execution of any transaction involving information provided by this Website, you should consult a business advisor, attorney, and/or tax and accounting advisors with respect to the price, suitability, value or other aspects of any security or other investment. Depending on your specific investment objectives and financial position, the investments discussed in this Website may or may not be suitable for you. It is your responsibility to weigh any decision carefully.

INTERPRETATION OF INFORMATION

Any performance data quoted on this Website represents past performance and is no guarantee of future results. It should not be assumed that results for historic portfolio investments will be achieved for other investments. You should understand that performance results will be reduced by investment advisory fees and other expenses, which may be incurred in connection with the applicable fund or account. All materials contained within this Website are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices.

LINKS TO THIRD-PARTY SITES

The Website may contain links to sites owned and operated by other parties that are not affiliated with Dubin Clark. Dubin Clark is not responsible for and has no control over the privacy policies or content of those sites. Dubin Clark encourages you to review the privacy policies of those sites prior to providing them with any information. Dubin Clark cannot provide any warranty about the accuracy or source of information found on any third party site or the content of any file you might choose to download from such sites.

OWNERSHIP OF CONTENT

The materials on this website are confidential and constitute valuable intellectual property and trade secret rights of Dubin Clark and shall not be used except as expressly permitted by Dubin Clark. All text, images, graphics, sounds and software code (“Content”) on the Website are the property of Dubin Clark or its affiliates. Content may only be used for the personal education of visitors to the Website and it may not be placed in the public domain. You may not reproduce, redistribute, publish or otherwise use by electronic or any other means any of the Content without the prior written consent of Dubin Clark.

TRADEMARKS

“Dubin Clark & Company” and other related marks indicated on the Website may not be used or displayed without the prior written consent of Dubin Clark or its affiliates. All other trademarks, service marks and company names and logos appearing on the Website are the property of their respective owners.

RESTRICTIONS ON USE

This Website may not be used for any unlawful purpose. This Website may not be used in any manner that could compete with the business of Dubin Clark. You agree not to violate, or attempt to violate, the security of this site, including by transmitting any material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of this Website. You agree that if you or any of your employees or agents are given any user name(s) and/or password(s), which may be required to access or use any electronic services (collectively, “Credentials”), (a) you shall take all necessary actions to preserve the confidentiality of such Credentials; (b) you shall restrict access to the Credentials to those persons who are duly authorized to act on your behalf; (c) you shall notify Dubin Clark immediately in the event any such Credentials are lost, stolen, or the confidentiality of any such Credentials has been compromised in any way or the authority of any person to act on your behalf has been revoked or limited; and (d) you are responsible for and will be bound by all statements made and instructions, assents and consents communicated under any such Credentials, to the same extent that the same was under your duly signed writing.

DISCLOSURE FOR USERS IN COUNTRIES OUTSIDE OF THE UNITED STATES

Dubin Clark makes no representations or warranties that the Website is appropriate or available for use in countries outside of the United States. Visitors who choose to access the Website from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.

DISCLAIMER OF WARRANTIES

Opinions and/or estimates on the Website reflect a judgment at the original date of publication by Dubin Clark and are subject to change without notice. This Website is subject to periodic update and revision. Dubin Clark reserves the right, in its sole discretion, without any obligation and without any notice, to change, modify or delete the information, materials and descriptions on this Website and to suspend or deny access to it. Dubin Clark may discontinue or change any product or services described on this Website at any time. Materials should only be considered current as of the date of initial publication, without regard to the date on which you may access the information.

You expressly acknowledge and agree that:

  • Your use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis. To the fullest extent permissible pursuant to applicable law, Dubin Clark expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
  • Dubin Clark does not warrant or represent that (i) the Website will meet your requirements, (ii) use of the Website will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of this Website will be accurate or reliable, (iv) the quality of any information, services or other material obtained by you through this Website will meet your expectations, (v) the servers that make this Website available are free of viruses or other harmful components; or (vi) any errors in the site will be corrected.
  • Any material downloaded or otherwise obtained through the use of this Website is downloaded or obtained at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or obtaining of any such material. You (and not Dubin Clark or any of its affiliated companies or any of our or their respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction.
  • No advice or information, whether oral or written, obtained by you from us or through or from this Website or any of the services available on this Website shall create any warranty, express or implied.
LIMITATION OF LIABILITY AND INDEMNIFICATION

Dubin Clark is not liable for any consequential, incidental, special, punitive or exemplary damages arising out of any use of or inability to use this Website or any portion thereof, regardless of whether Dubin Clark has been apprised of the likelihood of such damages occurring and regardless of the form of action, whether in contract, warranty, tort (including negligence), strict liability, or otherwise.

By accessing and/or using this Website, you agree to indemnify, defend and hold Dubin Clark and its respective officers, directors, partners, employees, members, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs, including without limitation reasonable attorneys’ fees and expenses, incurred by the Indemnified Parties in connection with any claim arising out of or breach by you of these Terms of Use or the representations, warranties and covenants deemed made by you hereunder. You agree to cooperate as fully as reasonably required in the defense of any claim. Dubin Clark reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement that affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without Dubin Clark’s prior written approval.

PRIVACY POLICY

By using this Website, you consent to Dubin Clark using and collecting any information relating to your use of the Website, in accordance with the terms and conditions of the Website Privacy Policy. CLICK HERE for the Website Privacy Policy. This Website Privacy Policy concerns only the Website and does not concern your interaction with Dubin Clark in any other matter other than your use of the Website. This Policy does not address our privacy practices with respect to any nonpublic personal information we may collect from you as an investor in funds or accounts that we sponsor or manage. We address these practices in separate notices to clients or investors as required by law.

Dubin Clark may change Website Privacy Policy from time to time, and any modifications will be effective immediately upon posting, unless Dubin Clark indicates otherwise. Accordingly, please continue to review these Terms of Use whenever accessing or using this Website. Use of this Website after the posting of modifications to Privacy Policy will constitute your acceptance of the Website Privacy Policy as modified.

APPLICABLE LAW

These Terms of Use will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to any use of the Website will be filed only in the state or federal courts located in the Commonwealth of Massachusetts and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.