Dunham & Associates Investment Counsel, Inc. Web Site
Welcome to our Web site. Dunham & Associates Investment Counsel, Inc. ("Dunham") has
provided this Web site for your convenience to help you learn about our companies, products and services.
This page provides important information about use of this Web site and other legal matters.
Please read all of the following terms and conditions carefully before continuing. They govern your
use of the Dunham Internet Web site (the "Site"). By using this Site, you signify your
acceptance of these Terms and Conditions of Use. Please be aware that they may be changed or
updated at any time without prior notice. Changes are effective when posted on the Site. Please
review them periodically for current information. By continuing to use the Site, you agree to any
changes or updates. Additional legal notices, terms and conditions regarding specific companies
within the Dunham family of companies and their products and services may be found elsewhere on
the Site or on such company's own Web site, if any. Those additional legal notices, terms and
conditions apply with regard to the matters specifically addressed by them. If you do not agree
to these terms and conditions, do not use this Site.
The products and services described on this Site are offered by Dunham or distributors with
which Dunham has agreements. Please be aware that some products, services, product features or
underlying investment options described on this Site may not be available in your jurisdiction
and generally are not available outside the United States. The laws of each country, state, or
territory may differ and not all products and services are available in all locations. References
to products or services unavailable in your jurisdiction do not imply that these products will be
made available to you, and nothing on this Site shall be considered a solicitation to buy or an
offer to sell a security, insurance product or service to any person in any jurisdiction where
such offer or solicitation, purchase or sale would be unlawful under the securities, insurance or
other laws of such jurisdiction. Your eligibility for certain products and services is subject to
final determination of qualifications or other eligibility criteria and acceptance by Dunham.
Copyright: © copyright 2008
Unless otherwise stated, copyrights and all similar rights in all material presented on the
Dunham site, including graphical images, are owned by Dunham and protected by applicable copyright
laws. The publication of materials on the Dunham site does not constitute the placing of such
materials in the public domain. The contents of this web site may not be used or
reproduced by any means or in any manner for public or commercial purposes
without the prior express written consent of Dunham. Personal and non-commercial
use of the information is discussed below under "Permission to Print and Copy."
No license, assignment, or permission is granted herein, expressly, impliedly, or by estoppel
or otherwise to use any trade name, trademark or service mark of Dunham or of any other party.
Dunham may provide links from this Site to a non- Dunham Web site or permit a link from
a non- Dunham Web site to this Site. Such links are for your convenience only and do not
imply any affiliation with, or an endorsement, authorization, sponsorship or promotion of
the non- Dunham Web site or its owner. Dunham does not control or review any link, and
accepts no responsibility for the content, products or services provided at these linked
Web sites. If you decide to access such non- Dunham Web sites, you do so solely at your own
risk and you should be aware that non- Dunham Web Sites are governed by their own terms and
conditions and privacy policies. Links to this Site may be made only with the permission of
Dunham. A link to this Site may be permitted in Dunham’s discretion, where, without
limitation, such link (a) is to this Site's homepage, (b) clearly informs users that the link
is to the Dunham Web site, (c) does not imply any affiliation, endorsement, sponsorship or other
relationship between the link Dunham Web site or the Web site owner and Dunham, (d) delivers this
Site's Content without framing or similar environment, and (e) maintains the integrity of this
Site's layout, content and look and feel. Dunham reserves the right in its sole discretion to
refuse permission or to cancel permission to link to this Site at any time.
All information submitted to Dunham via this Site shall be deemed and remain the
property of Dunham and we shall be free to use, for any purpose, anywhere and in any
format, any ideas, concepts, know-how or techniques contained in the information you
may provide to Dunham through this Site. Dunham shall not be subject to any obligations
of confidentiality regard Dunham such information, except as specifically stated in our
privacy policies, specifically agreed to or required by law. You are advised that Dunham does not
want you to provide and prohibits you from providing any information or materials to Dunham that
are defamatory, threatening, obscene, harassing, or otherwise unlawful or offensive, or that
incorporate the proprietary material of another without authority.
Content and Liability Disclaimer
No warranty. Our intent is to provide accurate and up to date content on this Site; however,
that is not always possible. THEREFORE, ALL CONTENT, SERVICES AND FUNCTIONS ON THIS SITE,
OR ANY OTHER WEB SITE LINKED TO THIS SITE, ARE PROVIDED "AS IS" AND "AS AVAILABLE
" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Some jurisdictions do not allow the exclusion of certain implied warranties in which event any
required warranty applies to the minimum extent legally required.
Content is provided for informational purposes only and should not be relied on. Although the
information on this Site may include statements on various life events and financial, legal or
tax concerns, it is provided for informational purposes only, and is not intended and should
not be relied upon as legal, tax or personalized advice. Dunham does not warrant or make any
representations regarding the suitability, usefulness or expected results of the Content,
services, products or functions, including tools such as calculators, provided on this Site or
any linked Web site. You should not rely solely upon this information in making any decisions,
including any decision to buy a product or service from a Dunham company or any other company.
You should consult your financial professional and legal and/or tax advisor for advice about the
appropriateness of products and services for you, and the effect of state and federal law on the
products, services or issues discussed on this Site, or of federal income taxes or any other taxes
on amounts held or paid out under any financial products described.
Content may contain inaccuracies or errors and may change. No warranty or representation is
made that the information on this Site is complete, accurate, up-to-date or error-free or that
known defects will be corrected. Content, services, products or functions available
at this Site may be changed or updated at any time without notice; but Dunham has no obligation
to update this Site so information may be out-of-date at any given time.
Access and availability
No warranty or representation is made that this Site or any part or function, including without
limitation any transactional function, will be available and not subject to interruption at
No warranty or representation is made that any Content, service, product or function, including
without limitation any downloadable files, available at this Site or any linked Web site is free
of a computer virus, worm, trojan horse, timebomb or other destructive or harmful program, software,
code or device which may erase, scramble, lock or disable any computer software, content or equipment
or may prevent users from using a Web site or any other item of hardware or software. You should
routinely scan your system and downloaded files for such disabling devices.
Third party content
From time to time Dunham may provide information at this Site supplied by third parties.
Any opinions, advice, statement, services, offers, or other information expressed or made
available by a third party, are those of such third party and not Dunham. Dunham does not
independently verify the information provided by third parties, does not guarantee the accuracy,
completeness, timeliness or correct sequencing of such information, and assumes no responsibility
for Content displayed on this Site that may be provided by another party.
Limitation on liability and damages
IN NO EVENT WILL DUNHAM BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS
INTERRUPTIONS, LOSS OF PROGRAMS OR DATA ON YOUR EQUIPMENT, OR OTHERWISE, EVEN IF WE OR ANY OF OUR
REPRESENTATIVES ARE EXPRESSLY ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES, ARISING OUT OF
OR RELATED TO ANY USE OF OR INABILITY TO USE THIS SITE, OR ANY OTHER LINKED WEB SITE, INCLUDING,
WITHOUT LIMITATION, USE OF OR RELIANCE ON INFORMATION, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES,
OMISSIONS, DELETION OF FILES, DISABLING DEVICES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY
OF INFORMATION, THEFT, UNAUTHORIZED ACCESS, DISCLOSURES OF COMMUNICATIONS, OR ANY FAILURE OF PERFORMANCE.
Some jurisdictions do not allow limitation or exclusion of certain liabilities or damages in which
event in such jurisdiction the foregoing shall apply to the maximum extent allowed by law. You
are responsible for the entire cost of all servicing, repair or correction of your property or
operations, including without limitation your computer, network, software or any device, required
as a result of or related to using this Site. In no event shall Dunham 's total liability to you
for damages, losses and causes of action of any kind - whether in contract, tort (including,
but not limited to, negligence), strict liability or otherwise - exceed the amount paid by you,
if any, for accessing this Site.
We are committed to protecting the privacy and confidentiality of your personal information.
When you visit and navigate our site and when you communicate with us via our site, we will not
collect personal information about you unless you provide us that information voluntarily. You
should be aware that when you visit our Site, we collect certain information that does not
identify you personally, but provides us with "usage data," such as the number of
visitors we receive, what pages are visited by a visitor or the ISPs or types of browsers most
frequently used. This data helps us to analyze and improve the usefulness of the information we
provide at this Site and our products and services.
Like most commercial website owners, we may also use what is known as "cookie" technology.
A "cookie" is an element of data that a website can send to your browser when you link to
that website. It is not a computer program and has no ability to read data residing on your computer
or instruct it to perform any step or function. By assigning a unique data element to each visitor,
the website is able to recognize repeat users, track usage patterns and better serve you when you
return to that site. For example, a cookie can be used to store your preferences for certain kinds
of information or to store a password so that you do not have to input it every time you visit our Site.
The cookie does not extract other personal information about you, such as your name and address. Most
browsers provide a simple procedure that will enable you to control whether you want to receive
cookies by notifying you when a website is about to deposit a cookie file. In addition, we may use
cookies and/or devices called "web beacons" provided by our ad serving technology vendor
to help manage our online advertising. The information collected via this ad serving technology
is not personally identifiable.
Please note that in certain areas of this Site there may be additional information concerning the
privacy practices applicable to the use of that area. You should also be aware that many Dunham
companies have their own web sites to which we may provide a link. These sites may have different
privacy policies and practices which you should review prior to using such sites.
Dunham reserves the right to monitor any and all use of this Site in its discretion. However,
unless required by law, we do not have any obligation to you to conduct such monitoring or to
take any action based on any monitoring we may conduct.
You should be aware that in general information sent through the Internet is not secure. Email
services that may be provided through this Site generally are not encrypted and do not provide a
secure and private means of communication with us. Certain services offered on this Site do provide
a secure means to communicate with us, (this is indicated by an icon that appears on your screen when
you are using such a service).For certain types of communications through this Site, we may require
the use of encryption technologies provided for your protection and/or require you to use user
identification information ("UserID") and passwords. You are responsible for the
confidentiality and use of your UserID, password, social security number and account number.
If you become aware of any loss, theft or unauthorized use of your UserID, password, social
security number or account number, immediately notify the appropriate Dunham company. While
Dunham may provide those technologies and use other reasonable precautions to protect
confidential information and provide suitable security, we cannot guarantee that information
transmitted through the Internet is secure, or that such transmissions will be free from delay,
interruption, interception or error. Please be aware that although passwords or other security
protections may be in use, Dunham reserves the right to monitor any and all transmissions, stored
messages and routine backup copies of communications to ensure appropriate system usage.
By using this Site to gain access to your account or other personal information,
you consent to the electronic transmission of that information. You can only obtain
account or personal account information, by following the instructions stated within
the appropriate password protected log-on section of this Site. When using this Web,
problems may occur that are beyond Dunham 's ability to correct. Access to this Site may
be limited or unavailable during periods of peak demand, systems upgrading, maintenance or
other reasons. Dunham will not assume responsibility for such system failures and errors.
Note regarding accounts marked as "Courtesy Account - Assets Not Held by Dunham":
Neither Dunham Trust Company (DTC) nor Dunham & Associates Investment Counsel, Inc. (DAIC) are
responsible for the accuracy, completeness or timeliness of account positions and balances for
assets not custodied by DTC or DAIC and no warranty is made concerning such information. DTC and/or DAIC
are reporting these assets as a courtesy only. Such reporting does not constitute a "statement"
by either DTC or DAIC. You will receive your official statement and all tax reporting information from
the custodian of the asset(s).
The laws of the State of California govern these Terms and Conditions, without regard to its
conflict of laws provisions. If you take legal action relating to these Terms and Conditions or
arising out of or relating to your use of this Site, you agree to file such action only in
California and you consent to submit to the personal jurisdiction of the state and federal courts
of California for the purposes of pursuing any such action. Any cause of action you may have with
arising out of or related to your use of this Site must be commenced within one (1) year after the
cause of action arises. Dunham reserves the right to seek all remedies available at law and equity
for violations of these Terms and Conditions, as well as the right to restrict access to this Site
or any portion of it. Dunham does not represent that the information in this Site is appropriate or
available for use in other locations, and access from certain locations may be strictly prohibited.
Those who access this site do so on their own initiative and are responsible for compliance with all
applicable local laws.
U.S. Export Controls Software is subject to United States export controls. No software may be
downloaded or otherwise exported or re-exported (i) into (or to a national resident of) Cuba,
Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has
embargoed goods, or (ii) to anyone on the U.S. Treasury Department list of Specially Designated
Nationals or the U.S. Commerce Department Table of Deny Orders. You represent and warrant that
you are not located in, under the control of, or a national resident of any such country or on any
such list. You agree to comply with United States export control laws and that you will not
transfer any software or other content from this Site in violation of United States export controls.
These Terms and Conditions represent the entire agreement between Dunham and you relating to the
subject matter herein. If any provision of these terms is deemed unlawful, void or for any reason
unenforceable, then that provision will be deemed severed from these terms and will not affect the
validity and enforceability of the remaining provisions.
Forward Looking Statements
Certain statements contained herein are statements of future expectations and other forward-looking
statements that are based on management's current view and assumptions and involve known and unknown
risks and uncertainties that could cause actual results, performance or events to differ materially
from those expressed or implied in such statements. Actual results, performance or events may differ
materially from those in such statements due to, without limitation (i) general economic conditions,
including in particular economic conditions in Dunham 's core markets, (ii) performance of financial
markets, including emerging markets, (iii) the frequency and severity of insured loss events, (iv)
mortality and morbidity levels and trends, (v) persistency levels, (vi) interest rate levels, (vii)
currency exchange rates, including the Euro - U.S. dollar exchange rate, (viii) increasing levels of
competition, (ix) changes in laws and regulations, including monetary convergence and the European
Monetary Union, (x) changes in the policies of central banks and/or foreign governments, and (xi)
general competitive factors, in each case on a global, regional and/or national basis. Dunham does not
undertake any obligation to correct or update any forward-looking statements on this Site.