Richard W. Durkes
Rick has had an extensive career in financial services for over 40 years. He served as the CEO of a small community bank and then established a successful financial services practice at The Chicago Corporation. Subsequently, he became head of its equities and investment banking group and served as an internal advisor on its sale to ABN Amro. He then became the CEO of the North American Equities and Investment Banking group of ABN Amro and a member of its executive committee. From 2002 to 2014, Mr. Durkes served as a managing director at Sandler O’Neill, one of the most prominent financial services investment banks in the U.S. He is currently Vice Chairman – Investment Banking at Raymond James. He was a former trustee of Henderson Global’s US mutual funds and two Northern Trust funds.
Important Legal Information about Privacy
BayBoston Web Site
In order to access some features of the Web Site, you will need to have an account with a log-in name and password. You may never use another user’s account or share your account and password with any other user or entity. You are solely responsible for the activity that occurs on your account, and you are responsible for keeping your account password secure. You must notify BayBoston immediately of any breach of security or unauthorized use of your account by contacting us at firstname.lastname@example.org. Although BayBoston will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses incurred by BayBoston or others due to such unauthorized use.
This Web Site Does Not Provide Financial Advice
All of the materials provide on this Web site, such as text, graphics, photographs, images, charts and any other materials are for educational and informational purposes only and are not a substitute for professional financial, investment, tax or legal advice. You are solely responsible for determining whether any investment or investment strategy is appropriate for you or your organization based on your or your organization’s investment objectives, financial situation and risk tolerance. You should seek legal, financial or tax advice regarding your specific situation.
Intellectual Property Rights
The content on this Web Site, including without limitation, the material descriptions, graphics, photos, products, services and the like (“Site Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to BayBoston, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You in no way will obtain any ownership interest or rights in the Site Content or Marks contained on this Web Site. Site Content is provided to you “AS IS” for your information and personal or educational use only and may not be reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. BayBoston reserves all rights not expressly granted in and to the Site Content. If you download or print a copy of the Site Content for personal or educational use, you must include on the copy all copyright and other proprietary notices contained in the original Site Content on this Web Site. You agree not to circumvent, disable or otherwise interfere with any security related features of this Web Site or features that prevent or restrict use or copying of any Site Content or enforce limitations on use of this Web Site or the Site Content.
The materials and services offered on this Web Site are provided “as is” and without warranties of any kind. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of non-infringement, merchantability and fitness for a particular purpose. Furthermore, we specifically make no warranties regarding the success of any investment opportunities described on the Web Site. We do not warrant that the use of this Web Site will be uninterrupted or error-free, that defects will be corrected, or that this Web site or the server(s) that make it available or any advertised or hyperlinked site are free of viruses or other harmful components or that this Web Site, server(s), or advertised or hyperlinked sites will be accessible at all times. We do not warrant or make any representations regarding the use of this Web Site or any information contained therein with respect to correctness, accuracy, reliability, graphics, links or otherwise. You assume the entire cost of all necessary servicing, repair or correction to any equipment you use to access this Web site. To the extent that applicable law may not allow the exclusion of implied warranties, the above exclusions may not apply to you.
Documents, information, graphics and other materials appearing at this Web Site may include technical inaccuracies, miscalculations, typographical errors, and out-of-date information. Use of such documents, information, graphics or other materials is at your own risk.
Limitation of Liability
Under no circumstances shall BayBoston Managers LLC, its directors, officers, contributors, agents, employees, or affiliates be liable for any direct, indirect, incidental, special, or consequential damages (even if it has been advised of the possibility of such damages) due to your use of or inability to use this Web Site or due to your reliance on any of the content contained or the services provided on this Web Site.
Links to Other Web Sites and Services
Other Restrictions on Conduct
You agree not to disrupt, modify or interfere with the functioning of this Web Site or any services provided on or through it. You further agree not to disrupt, modify or interfere with in any way any software, hardware or servers associated with this Web Site, and you agree not to impede or interfere with others’ use of this Web Site. You also agree not to alter or tamper with any information or materials on, or associated with, this Web Site or services provided on or through it.
Choice of Law and Forum
Severability and Enforceability
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to BayBoston through this Web Site are not confidential and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions. BayBoston shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.
If you have any questions or comments on this Web Site or become aware of misuse of this Web Site by any person, please contact us at email@example.com or at the following address: BayBoston Managers LLC, Attn: User Comments, 1280 Centre Street, Suite 2, Newton Center, MA 02459.
Effective Date: July 15, 2014.
1. What Information Does the Web Site Collect?
Information You Provide to Us
Personal Information. We may ask you to provide us with your personally identifiable information, which is information that identifies you personally, such as your first and last name, telephone number and e-mail address (“Personal Information”). We may collect this Personal Information through various forms and in various places on the Web Site, including account registration forms, contact us forms, or when you otherwise interact with the Web Site.
(b) Information Collected or Stored As You Access and Use the Web Site
In addition to any Personal Information or other information that you choose to submit to us via our Web Site, we and our third-party service providers may use a variety of technologies that automatically (or passively) store or collect certain information whenever you visit or interact with the Web Site (“Usage Information”). This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone or other device (a “Device”) whenever you visit or interact with our Web Site. To the extent we associate Usage Information with your Personal Information we collect directly from you on the Web Site, we will treat it as Personal Information.
This Usage Information may include:
your IP address, UDID or other unique identifier (“Device Identifier”). A Device Identifier is a number that is automatically assigned to your Device used to access the Web Site, and our computers identify your Device by its Device Identifier;
your Device functionality (including browser, operating system, hardware, mobile network information);
the URL that referred you to our Web Site;
the areas within our Web Site that you visit and your activities there, including remembering you and your preferences;
your Device location;
your Device characteristics; and
certain other Device data, including the time of day, among other information.
Tracking Technologies. We may use various methods and technologies to store or collect Usage Information (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies include, without limitation, the following (and subsequent technology and methods later developed):
Cookies. A cookie is a data file placed on a Device when it is used to visit the Web Site. A Flash cookie (or locally shared object) is a data file placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your Device. HTML5 cookies can be programmed through HTML5 local storage.
Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) may be included in our Web Site’s pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Web Site, to monitor how users navigate the Web Site, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.
Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Web Site, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third-party service provider, is active only while you are connected to the Web Site, and is deactivated or deleted thereafter.
Browser Fingerprinting. Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification.
ETag, or Entity Tag. A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of Device Identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash, and/or HTML5 cookies.
Recognition Technologies. Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices in the same user).
Tracking Technologies Usage. We may use Tracking Technologies for a variety of purposes, including:
TargetingRelated. We may use Tracking Technologies to deliver content relevant to your interests on our Web Site and thirdparty sites based on how you interact with our content. This includes using Tracking Technologies to understand the usefulness to you of the content that has been delivered to you.
Tracking Technologies Choices and Consent.
We are giving you detailed notice of the Tracking Technologies and your limited choices regarding them so that your consent is meaningfully informed.
Third Party Tracking and “Do Not Track”.
(c) Information Third Parties Provide About You
(d) Interactions with Third-Party Sites
2. How Do We Use the Information Collected?
Contact Us. Please note that information submitted to the Web Site via a “contact us” or other similar customer inquiry function may not receive a response. We will not use the information provided by you in a customer inquiry communication to contact you for marketing purposes unrelated to your request unless you agree otherwise.
3. How and When Do We Share Information with Third Parties?
(a) When You Request Information From or Provide Information to Third Parties. You may be presented with an option on our Web Site to receive certain information and/or marketing offers directly from third parties or to have us send certain information to third parties or give them access to it. If you choose to do so, your Personal Information and other information may be disclosed to such third parties and all information you disclose will be subject to the third-party privacy policies and practices of such third parties.
(b) Third Parties Providing Web Sites on Our Behalf. We may use third-party vendors to perform certain services on behalf of us or the Web Site, such as hosting the Web Site, designing and/or operating the Web Site’s features, tracking the Web Site’s activities and analytics, and enabling us to send you special offers or perform other administrative services. We may provide these vendors with access to user information, including Device Identifiers and Personal Information, to carry out the services they are performing for you or for us. Third-party analytics and other service providers may set and access their own Tracking Technologies on your Device and they may otherwise collect or have access to information about you, potentially including Personal Information, about you. We are not responsible for those third party technologies or activities arising out of them, nor are we responsible for the effectiveness of or compliance with any third parties’ opt-out options.
(d) Affiliates and Business Transfer. We may share your Personal Information with our parent, subsidiaries and affiliates. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Web Site or applicable database; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including, during the course of any due diligence process.
4. Do Third-Party Content or Links To Third-Party Sites Appear on the Web Site?
The Web Site may contain content that is supplied by a third party, and those third parties may collect Usage Information and your Device Identifier when pages from the Web Site are served to you. In addition, when you are on the Web Site you may be directed to other services that are operated and controlled by third parties that we do not control. We are not responsible for the data collection and privacy practices employed by any of these third parties or their services and they may be tracking you across multiple sites and may be sharing the results of that tracking with us and/or others. For example, if you “click” on a link, the “click” may take you off the Web Site onto a different site. These other sites may associate their Tracking Technologies with you, independently collect data about you, including Personal Information, and may or may not have their own published privacy policies. We encourage you to note when you leave our Web Site and to review the third-party privacy policies of all third-party websites and exercise caution in connection with them.
5. How Do I Change My Information and Communications Preferences?
6. What About Transfer of Information to the United States?
7. What Should Parents Know About Children?
We understand the importance of protecting children’s privacy in the interactive world. We are a general audience service and do not use the Web Site to knowingly collect personal information from children under the age of thirteen (13) that requires parental notice and consent under the Children’s Online Privacy Protection Act (“COPPA”) without such parental consent. If you are a child under 13 years of age, you are not permitted to use the Site and should not send any information about yourself to us through the Web Site.
In the event that we become aware that we have collected personal information from any child, we will dispose of that information in accordance with COPPA and other applicable laws and regulations. If you are a parent or guardian and you believe that your child under the age of 13 has provided us with personal information without COPPA-required consent, please contact us at firstname.lastname@example.org.
8. What About Security?
We endeavor to incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use our Site and provide us with your information at your own risk.