Legal Notices

Notice to Readers of This Website

  • Nothing contained herein is an offer to sell or the solicitation of an offer to buy any financial instrument.
  • The opinions and recommendations presented do not take into account individual client circumstances, objectives, or needs and are not intended as recommendations of particular securities, financial instruments or strategies to particular clients. Investors must make their own independent decisions regarding any securities or financial instruments mentioned herein and seek professional advice, including tax and accounting advice.
  • Any indications of market valuation contained herein are based on current information that we consider reliable, but we do not guarantee it is accurate or complete and users should make whatever additional determinations of market value they deem appropriate.
  • All assumptions, opinions and estimates constitute Banes Capital Management, LLC’s (BCM) judgment as of this date and, along with prices and yields, are subject to change without notice. Past performance is not indicative of future results. The yield and/or average life shown on loans and SBA pools, consider prepayment assumptions that may or may not be met. Changes in prepayments may significantly affect yield and/or average life.
  • BCM does not accept orders or instructions transmitted via email or left on any phone voice or text mail system. Please be aware that communications received by or sent from our email system are not confidential and subject to review by supervisory personnel.

Notice to Email Recipient

  • Communications received by or sent from our email system are not confidential and subject to review by supervisory personnel.
  • The information contained in outgoing email messages is intended only for the confidential use of the designated recipient. If the reader of any message is not the intended recipient or an agent responsible for delivering it to the intended recipient, he/she is hereby notified that you have received this document in error and that any review, dissemination, distribution or copying of any message is strictly prohibited. If a reader has received a communication in error, please notify us immediately.
  • BCM is not responsible for, nor endorses, any opinion, recommendation, conclusion, agreement or any information contained in email communication. Any views expressed are solely the current views of the individual sender and not of BCM and are subject to change at any time. E-mail may not be secure or error free. BCM does not guarantee and takes no responsibility for the integrity, confidentiality, accuracy, completeness or timeliness of any messages sent over the Internet or other public network or for any damages resulting from the interception of or use of this e-mail. By deciding to correspond with BCM over the Internet or other public network you acknowledge and accept these risks. If you suspect that this message may have been intercepted or amended, please call the sender.
  • Any prices, yields and opinions mentioned in an email are subject to change due to market forces and other conditions. Email communication is not to be construed as an offer to sell or a solicitation to buy any security. BCM may have a position in the securities referenced. In selling securities, BCM may act as principal for our own account or as agent for our customers or others. Transaction details are superseded by trade confirmations and/or statements.
  • All correspondence sent to or from BCM is subject to retention, monitoring, and/or review by BCM and applicable U.S. regulators. Should you require any further information, please contact us.
  • While any attachments to an e-mail message may have been checked for viruses, the recipient should rely on their own anti-virus software and computer security procedures; we therefore disclaim all liability arising out of any viruses or other malware that might exist in any attachment.
  • Our email contains information that may be confidential and privileged. If you are not the intended recipient, please refrain from disclosing, copying, distributing, or using any information contained herein. Please note that such actions are prohibited. If a reader has received an email in error, please notify the sender immediately. Your consideration is appreciated.

PRIVACY POLICY

I. Purpose

Federal law (Regulations adopted by the Securities and Exchange Commission) requires the following:

  • BCM may only in limited instances disclose nonpublic personal information about a consumer to nonaffiliated third parties;
  • BCM must disclose to all consumers the Companies’ privacy policies and practices with respect to information sharing with nonaffiliated third parties;
  • BCM must provide a method for customers to request that their nonpublic information not be disclosed to nonaffiliated third parties except as allowed by applicable law; and
  • BCM must establish procedures to safeguard the confidentiality and security of customer information.

To ensure that privacy disclosure laws are not violated, BCM has adopted the policies and procedures set forth in these Privacy Policies and Procedures. These Policies and Procedures are intended to describe BCM’s policies, educate Employees about related issues and the policies, establish procedures for complying with these policies, monitor compliance with these policies and procedures, and ensure, to the extent feasible, that BCM satisfies its obligations in this area.

II. Privacy Policy

A. Definitions

  1. Consumer: individual or an individual’s legal representative who obtains or has obtained a financial product or service to be used primarily for personal, family or household purposes. A person is a consumer even if the application is withdrawn or denied.
  2. Customer: a consumer that has an ongoing relationship with the Companies, whereby the Companies are providing one or more financial products or services to the consumer (e.g., a brokerage client or Fund shareholder).
  3. Nonpublic Personal Information includes:
  • All personally identifiable financial information; and
  • Any list, description, or other grouping of consumers (and publicly available information pertinent to them) that is derived using any personally identifiable financial information that is not publicly available information.

B. Policy Statement Regarding Use and Treatment of Confidential Information

No nonpublic personal information, whatever the source, regarding any customer or consumer, may be disclosed except as follows:

  • To other Employees in connection with BCM’s business.
  • To an affiliate, but the affiliate may disclose the information only to the same extent as BCM.
  • To nonaffiliated third parties with whom BCM has a contractual agreement to jointly offer, endorse or sponsor a financial product or service; and/or to service and maintain customer accounts including effectuating a transaction.

Note: All contracts with non-affiliated third parties creating a joint marketing or servicing agreement with BCM must contain language prohibiting the disclosure of all nonpublic personal information by the nonaffiliated third party except as necessary to carry out the purpose of the agreement.

C. Procedures Regarding Use and Treatment of Nonpublic Personal Information

BCM encourages Employees to be aware of and sensitive to the treatment of nonpublic personal information. BCM prohibits Employees from discussing that information unless necessary as part of their duties and responsibilities to BCM Furthermore, the BCM requires that each Employee take precautions to avoid storing nonpublic personal information in plain view in public areas of the Companies’ facilities, and requires that each Employee remove nonpublic personal information from conference rooms, reception areas and other areas where it may be seen by third parties. Particular care should be exercised when nonpublic personal information must be discussed in public places, such as restaurants, elevators, taxicabs, trains or airplanes, where that information may be overheard. Under no circumstances may nonpublic personal information be shared with any person, including any spouse or other family member, who is not an Employee of BCM and who does not have a reason relating to such Employee’s responsibilities within BCM to know that information.

D. Procedures

  • Nonpublic personal information may not be disclosed to any nonaffiliated third parties unless customers have been previously informed of the disclosure and been given a right to opt-out of that disclosure, as required by law.
  • Nonpublic personal information may be disclosed to the extent specifically permitted or required by law.
  • BCM must send a Privacy Notice once during each calendar year to each customer.
  • BCM will examine all new technologies and agreements to ensure that their implementation will not negatively affect the safety of customer/consumer information.
  • Hard copy customer/consumer information will be shredded when legally able to be discarded. Computer information will be deleted, and the “trash” also deleted. Old computers’ hard drives will be destroyed before discarding the equipment.

E. Penalties for Violation of Procedures

Any violation of the procedures set forth in these Privacy Policies and Procedures will subject the violating Employee to disciplinary action, including possible termination.

III. Summary

A. Importance of Adherence to Procedures

It is very important that all Employees adhere strictly to these Privacy Policies and Procedures. Any violations of such policies and procedures may result in serious sanctions, including dismissal from employment.

B. Annual Internal Circulation/Certification

These Privacy Policies and Procedures shall be circulated by email or hardcopy at least annually to all Employees, and at least annually each Employee shall be asked to certify in writing that he or she has followed the Privacy Policies and Procedures.

C. Questions

Any questions regarding these policies and procedures should be directed to the Compliance Department at 901-261-5950.

TERMS OF USE

Agreement Between User AND Banes Capital Management

The Banes Capital Management Web Site is comprised of various Web pages operated by Banes Capital Management.

The Banes Capital Management Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Banes Capital Management Web Site constitutes your agreement to all such terms, conditions, and notices.

Modification of These Terms

Banes Capital Management reserves the right to change the terms, conditions, and notices under which the Banes Capital Management Web Site is offered, including but not limited to the charges associated with the use of the Banes Capital Management Web Site.

Links to Third Party Sites

The Banes Capital Management Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Banes Capital Management and Banes Capital Management is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Banes Capital Management is not responsible for webcasting or any other form of transmission received from any Linked Site. Banes Capital Management is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Banes Capital Management of the site or any association with its operators.

No Unlawful or Prohibited Use

As a condition of your use of the Banes Capital Management Web Site, you warrant to Banes Capital Management that you will not use the Banes Capital Management Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Banes Capital Management Web Site in any manner which could damage, disable, overburden, or impair the Banes Capital Management Web Site or interfere with any other party’s use and enjoyment of the Banes Capital Management Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Banes Capital Management Web Sites.

Use of Communication Services

The Banes Capital Management Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations. Banes Capital Management has no obligation to monitor the Communication Services. However, Banes Capital Management reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Banes Capital Management reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Banes Capital Management reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Banes Capital Management’s sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Banes Capital Management does not control or endorse the content, messages or information found in any Communication Service and, therefore, Banes Capital Management specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Banes Capital Management spokespersons, and their views do not necessarily reflect those of Banes Capital Management. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

 

Material Provided or Posted

Banes Capital Management does not claim ownership of the materials you provide to Banes Capital Management (including feedback and suggestions) or post, upload, input or submit to any Banes Capital Management Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Banes Capital Management, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

 

No compensation will be paid with respect to the use of your Submission, as provided herein. Banes Capital Management is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Banes Capital Management’s sole discretion.

 

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Banes Capital Management WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Banes Capital Management AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Banes Capital Management WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Banes Capital Management WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

 

Banes Capital Management AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Banes Capital Management WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Banes Capital Management AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Banes Capital Management AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Banes Capital Management WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Banes Capital Management WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Banes Capital Management WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Banes Capital Management WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Banes Capital Management OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Banes Capital Management WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Banes Capital Management WEB SITE.

 

SERVICE CONTACT: bswanson@banescapital.com

 

Termination/Access Restriction

Banes Capital Management reserves the right, in its sole discretion, to terminate your access to the Banes Capital Management Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the Banes Capital Management Web Site. Use of the Banes Capital Management Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Banes Capital Management as a result of this agreement or use of the Banes Capital Management Web Site. Banes Capital Management’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Banes Capital Management’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Banes Capital Management Web Site or information provided to or gathered by Banes Capital Management with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Banes Capital Management with respect to the Banes Capital Management Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Banes Capital Management with respect to the Banes Capital Management Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

 

Copyright and Trademark Notice

All contents of the Banes Capital Management Web Site are: Copyright © 2021 Banes Capital Management. All rights reserved. and/or its suppliers. All rights reserved.

 

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

 

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

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