Fieldpoint Private Securities – Disclosures
LIDS Terms and Conditions
Please read the following carefully as it contains the conditions governing any electronic communications between you and Fieldpoint Private Bank & Trust, Fieldpoint Private Securities, LLC, and all Fieldpoint Private Bank & Trust affiliates (firm and its affiliates). By messaging with the firm and its affiliates, you agree to these terms and conditions of use. The firm and its affiliates may amend these terms and conditions without notice. You should check this webpage from time to time to review the current terms and conditions because they are binding on you and if applicable, your organization.
Unless otherwise specifically indicated the contents of any electronic communication (including e-mail, instant messaging, text messaging etc.) and its attachments are for informational purposes only and should not be regarded as an offer to buy or sell securities, futures, options, investment products or other financial products or services; as an official confirmation of any transaction, an official valuation or an official statement of the firm and its affiliates. Attachments that are part of an electronic communication may have additional important disclosures and disclaimers, which you should read.
• Electronic Communications & Privileged Information
• Do Not Send Sensitive Information Electronically
• Information Subject to Change
• Archiving & Monitoring Electronic Communications
• Electronic Communications Does Not Take the Place of Financial Advice
• Local and State Taxation and IRS Circular230 Disclosure
• Conflict of Interest Disclosure
• Bank Disclosures
Electronic Communications & Privileged Information
Electronic communications may contain privileged or confidential information, or may be otherwise protected by work product immunity or other legal rules. No confidentiality or privilege is waived or lost by any erroneously transmitted communication. Access, copying or re-use of information by non-intended or non-authorized recipients is prohibited. If you are not an intended recipient of an electronic communication, please notify the sender, delete it and don’t read, act upon, print, disclose, copy, retain or redistribute any portion of such electronic communication any portion of such electronic communication. Electronic communications are not intended for distribution to, or use by, any person or entity in any location where such distribution or use would be contrary to law or regulation or would submit any firm affiliate to any registration requirement within such location. The firm and its affiliates do not waive any intellectual property rights in any electronic communication.
Do Not Send Sensitive Information Electronically
The firm and its affiliates cannot provide absolute assurances that all electronic transmissions (sent or received) are secure, error free, not corrupted, incomplete or virus free and/or they won’t be lost, mis-delivered, destroyed, delayed, or intercepted /decrypted by others. Therefore, the firm and its affiliates advise against sending sensitive or personally identifiable information via electronic communications and disclaims all liability with regard to electronic communications (and the contents therein) if they are corrupted, lost, destroyed, delayed, incomplete, mis-delivered, intercepted, decrypted or otherwise misappropriated by others.
Information Subject to Change
Information in an electronic communication is subject to change without notice and unless otherwise indicated the views expressed are the author’s and may differ from others within the firm and its affiliates. The information represents a view as of the date of the electronic communication and is subject to change and/ or withdrawal at any time without notice.
Archiving & Monitoring Electronic Communications
Any electronic communication that is conducted within or through the firm and its affiliate’s systems will be subject to being archived, monitored and produced to regulators and in litigation in accordance with the firm and its affiliate’s policies and local laws, rules, and regulations. Electronic communications may be archived in countries other than the country in which you are located, and may be treated in accordance with the laws and regulations of the country of each individual included in the entire message chain.
Electronic Communications Does Not Take the Place of Financial Advice
The information in an electronic communication is not intended to replace a recipient’s own internal business processes for evaluating proposed transactions. Recipients should seek financial advice regarding the appropriateness of investing in any securities referred to in an electronic communication and should understand that statements regarding future prospects of the instruments or the securities included in them may not be realized. There can be no assurance that the securities or other financial products or services mentioned in an electronic communication could be bought or sold at such prices by the firm and its affiliates on your behalf from other parties or market participants. Past performance is not necessarily indicative of future results. Fieldpoint Private and its affiliates do not provide tax, accounting, or regulatory advice.
Local and State Taxation and IRS Circular230 Disclosure:
Please be advised that any discussion of U.S. tax matters contained within this communication (including any attachments) is not intended or written to be used and cannot be used for the purpose of avoiding U.S. tax-related penalties or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. Please consult your advisor as to any tax, accounting or legal statements made herein.
Conflict of Interest Disclosure:
Under the Investment Advisers Act of 1940 (Adviser’s Act) an investment adviser has a duty to provide disinterested advice and disclose any material conflicts of interest to clients. In certain instances, the bank may select money managers that are deemed to be affiliated with the bank through an investment in the bank. We will disclose these instances to the client in advance of a client’s decision to invest in any such affiliated money manager. Additionally, we will provide a copy of our Adviser’s ADV which provides further detail outlining the affiliation between the money manager and the bank. The bank takes its fiduciary duty to provide disinterested advice very seriously and as noted above fully discloses all potential conflicts of interest under the adviser’s act to all its Members/Clients in an effort to assist Members/Clients in evaluating the objectivity of the recommendations provided.
According to the existing Networking Agreement made between Fieldpoint Private Bank & Trust, Inc. (Fieldpoint Private) and its wholly owned affiliate, Fieldpoint Private Securities, LLC (FPS), select Fieldpoint Private employees will be registered with FPS so that these dually employed persons may provide nondeposit services including securities services and transactions to Fieldpoint Private clients (Members).
Members opening securities accounts through the aforementioned dually employed Fieldpoint Private persons are hereby notified that in doing so they are opening a securities account with Nutmeg Securities, LLC and not with Fieldpoint Private Bank & Trust; and that securities products purchased or sold in this account are:
NOT INSURED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC)
NOT DEPOSITS OR OTHER OBLIGATIONS OF FIELDPOINT PRIVATE BANK & TRUST AND ARE NOT GUARANTEED BY FIELDPOINT PRIVATE BANK & TRUST
SUBJECT TO INVESTMENT RISKS, INCLUDING POSSIBLE LOSS OF THE PRINCIPAL INVESTED
Members also are hereby notified that the Securities Investor Protection Corporation, or SIPC, coverage on the securities account does not insure the market price of securities held in said account.