Terms of Use

By accessing this site, you agree to be bound by these Terms of Use. Please review policies regarding investment advice and fiduciary practices.

Fiduciary Capital Management LLC (“FCM”)

Effective Date: January 15, 2026

1. Acceptance of Terms

By accessing this website (the “Site”), you agree to these Terms of Use (“Terms”). If you do not agree, do not use this Site. FCM reserves the right to modify these Terms at any time without notice. Continued use constitutes acceptance of revisions.

2. Registered Investment Adviser Status

Fiduciary Capital Management LLC (“FCM”) is a registered investment adviser. Registration does not imply a certain level of skill or training and does not constitute an endorsement by the U.S. Securities and Exchange Commission (“SEC”) or any state securities authority. Additional information about FCM, including Form ADV Part 2A and Form CRS, is available upon request or via http://www.adviserinfo.sec.gov.

3. No Investment Advice or Advisory Relationship

The information on this Site is for general informational and educational purposes only. Nothing on this Site:

Constitutes individualized investment advice;

Constitutes an offer to sell or solicitation to buy securities;
Constitutes a recommendation of any investment strategy or product;
Creates an advisory or fiduciary relationship.

Advisory services are provided only pursuant to a written agreement after evaluation of a client’s financial situation, objectives, and risk tolerance.

4. Marketing Rule Disclosures (Rule 206(4)-1)

All content on this Site is considered an advertisement under Rule 206(4)-1 of the Investment Advisers Act of 1940. Where performance information is presented:

Past performance does not guarantee future results.
Investment returns are not guaranteed.
Performance may reflect model, hypothetical, or composite results.
Hypothetical or model performance has inherent limitations and does not reflect actual trading.
Results may not reflect the deduction of advisory fees unless expressly stated.

All investments involve risk, including loss of principal.

Testimonials or endorsements, if displayed, are subject to required disclosures regarding compensation and material conflicts of interest.

5. Model Portfolios & Hypothetical Performance

If this Site references model portfolios or strategy illustrations:

Models are provided for informational purposes only.
They are not tailored to any specific investor.
Actual results may differ materially.
Model allocations may change without notice.
Benchmarks are used for comparison only and are unmanaged indices.

FCM makes no representation that any investor will achieve similar results.

6. Wrap Fee Program Disclosure

If FCM offers or references wrap fee programs:

Clients in a wrap fee program pay a bundled fee that may include advisory, custody, and transaction costs.
Wrap fees may be higher than non-wrap accounts depending on trading activity.
Additional information is available in FCM’s Wrap Fee Program Brochure (Appendix 1 to Form ADV Part 2A).

7. Private Placements, DST, 1031, 1033 & Opportunity Zone Consulting

Certain content may reference private placements, including:

Delaware Statutory Trusts (“DSTs”)
Section 1031 exchange replacement property
Section 1033 involuntary conversion property
Opportunity Zone investments

Such investments:

Are generally illiquid.
May involve leverage.
Are subject to substantial risks.
Are suitable only for accredited or qualified investors, where applicable.
May involve loss of principal.

Nothing on this Site constitutes:

Tax advice
Legal advice
A recommendation that a specific DST or private offering is appropriate

Investors considering a 1031 or 1033 exchange must consult with qualified tax and legal professionals before acting.

FCM does not sponsor or guarantee any private placement investment unless expressly disclosed in offering documents. Any discussion of tax deferral strategies is for general educational purposes only.

8. Promoters & Solicitors

FCM may enter into written agreements with promoters or referral sources in accordance with Rule 206(4)-1.

Where required:

Promoters will provide required disclosure statements.
Compensation arrangements will be disclosed.
Material conflicts of interest will be disclosed.

No promoter is authorized to provide investment advice on behalf of FCM unless separately licensed and approved.

9. Social Media Disclosure

Information posted by FCM on third-party platforms (LinkedIn, YouTube, etc.):

Is for general informational purposes only.
Should not be construed as personalized advice.
May not reflect current views.
May not be monitored for regulatory purposes in real time.

“Likes,” follows, shares, or third-party comments do not constitute endorsement.

10. Electronic Communications & SMS Consent

By submitting information via this Site, you acknowledge:

Electronic communications may not be secure.
You should not transmit confidential information unless requested.
Submission does not establish an advisory relationship.

If you opt in to SMS communications:

Messages may relate to appointment reminders or administrative matters.
You may opt out at any time.
SMS is not intended for trading instructions.
Message and data rates may apply.

FCM retains electronic communications in accordance with Rule 204-2.

11. Client Portal Terms

If you access a secure client portal:

You are responsible for safeguarding login credentials.
Portal access does not modify your advisory agreement.
Statements and reports provided via portal may be informational only.
Official records are maintained by qualified custodians.

Report discrepancies promptly.

12. Third-Party Links

Links to third-party websites are provided for convenience only. FCM does not control or endorse third-party content.

13. Intellectual Property

All Site content is the property of FCM and may not be copied, reproduced, or distributed without written consent.

14. Jurisdictional Limitations

FCM provides advisory services only in jurisdictions where properly registered or exempt.

This Site is not directed to any person in any jurisdiction where such distribution would be unlawful.

15. Limitation of Liability

To the fullest extent permitted by law, FCM shall not be liable for any damages arising from use of this Site.

16. No Warranty

This Site is provided “as is” without warranties of any kind.

17. Privacy

Use of this Site is subject to FCM’s Privacy Policy in accordance with Regulation S-P.

18. Books & Records Notice (Rule 204-2)

FCM maintains books and records as required by the Investment Advisers Act of 1940. Communications, marketing materials, and website content may be archived for regulatory compliance purposes.

19. Governing Law

These Terms shall be governed by the laws of the State of Wyoming.

19. Securities

Securities may be offered through MSC-BD, LLC, a member of FINRA and SIPC by persons properly registered. Nothing on this site is offer to buy or sell securities.