Terms Of Use

This website is provided as a service and for informational purposes only by Tocqueville Asset Management L.P. (“Tocqueville” or “we”), a registered investment adviser servicing individual and institutional clients.

 ACCEPTANCE OF THE TERMS OF USE

By using this website, you agree, without limitation or qualification, to the following terms of use and legal information pertaining to both this website and any material on this website. Please read these terms carefully before using this website. These terms are a binding contract between you and Tocqueville, as well as its U.S. affiliates. Tocqueville reserves the right, at its discretion, to amend, change, modify, add, or remove portions of these terms at any time and without notice by updating this posting. We suggest that you check these terms periodically for changes. The terms can be accessed from the link at the bottom of our website pages. This website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. If you use this website after we post amendments to these terms, you accept the amended terms.

If you do not agree to these terms, do not use this website.

All materials on this site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices.  Any disclaimers, restrictions, disclosures or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.

If you have entered into an agreement with Tocqueville, your client relationship with Tocqueville is governed by such agreement in addition to the terms of this website. In the event of any conflict between the terms on this website and your agreement with Tocqueville, the agreement shall govern and control.

 DISCLAIMER

While Tocqueville seeks to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors for which we apologize. The information provided on this website, including information and materials contained in the text, graphics, software, links and other items are provided “as is,” “as available” and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, Tocqueville and its affiliates, subsidiaries, directors, officers, employees, agents, licensors and any other third party information providers and vendors expressly disclaim all warranties of any kind, whether implied, express or statutory, including, but not limited to, implied warranties of title, merchantability, warranties of fitness for a particular purpose and warranties of non-infringement. Tocqueville does not warrant, either expressly or impliedly, the accuracy, adequacy, completeness, reliability, timeliness or availability of the information, text, graphics, links or other items contained on this website, and expressly disclaims liability for errors or omissions in the website.  The contents of this website are subject to change without notice. Further, Tocqueville assumes no responsibility for, and makes no warranties that, functions contained at this website will be uninterrupted or error-free, that defects will be corrected, or that the website or the server that makes it available will be free of viruses or other harmful components.  Please note that some jurisdictions do not allow the exclusion of certain warranties, so some or all of the above exclusions may not apply to you.

The information provided on this website is provided for informational purposes only. This website is not intended to provide any tax, legal, insurance or investment advice, and nothing on this website should be construed as a recommendation by us or any third party to acquire or dispose of any investment or security or to engage in any investment strategy or transaction. No information contained on this website constitutes an offer, or a solicitation to buy, any security or an offer to provide any specific investment management or advisory services. No security or other product is offered or will be sold in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities, or other laws of the jurisdiction.

Tocqueville and its affiliates reserve the right to determine eligibility for Tocqueville products and services. Some products may not be available in all states.

 LIABILITY AND INDEMNITY

Tocqueville expressly disclaims all liability for errors and omissions in these materials and for the use or interpretation by others of information contained on the website. Tocqueville will not be responsible for any loss or damage that could result from interception by third parties of any information made available to you via this website. Neither Tocqueville, nor any of its affiliates, directors, officers or employees, nor any third party vendor retained by Tocqueville will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this website, or resulting from the act or omission of any other party involved in making this website or the data contained therein available to you, or from any other cause relating to your access to, inability to access, or use of the website or these materials, whether or not the circumstances giving rise to such cause may have been within the control of Tocqueville or of any vendor providing software or support services for this website. In no event will Tocqueville, its affiliates or any such parties be liable to you for any direct, special, indirect, consequential, incidental damages or any other damages of any kind, even if Tocqueville or any other party has been advised of the possibility thereof.

Decisions based on information contained on this website are the sole responsibility of the visitor, and in exchange for using this website, the visitor agrees to indemnify and hold Tocqueville harmless against any claims for damages arising from any decisions that the visitor makes based on such information. The visitor also agrees to indemnify and hold Tocqueville, its subsidiaries and affiliates, and each of its and their officers, directors, employees and agents harmless from and against all claims, demands, liabilities, damages, losses, or expenses, including attorney’s fees and costs, that arise from the visitor’s improper access to or use of this website, or any violation of the terms of use of this website. In no event will Tocqueville be liable for any damages, or for repairs or corrections that must be performed, to or on your computer, person or other property, including, without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the website or use thereof or the inability by any party to use such website, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Tocqueville, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

 RESTRICTIONS ON USE OF MATERIALS

This website is owned and operated by Tocqueville. Permission is granted to display and navigate around this website solely for personal, non-commercial use. Any commercial or public use of this website or any portion hereof is strictly prohibited. Except as otherwise permitted in writing by Tocqueville, no text, graphics, video, audio, software code, user interface design, logos or any other content of this website may be used, modified, framed, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on this website for non-commercial, personal use only if you preserve and retain all copyright and other proprietary notices contained on the materials.

Tocqueville neither warrants nor represents that your use of materials displayed on this website or links will not infringe rights of the third parties not owned by or affiliated with Tocqueville.

 SEC MATERIALS

Certain information provided on or through this website may have been filed with the Securities and Exchange Commission (“SEC”) (such materials being referred to as “SEC Materials”). Tocqueville does not assume any duty of disclosure beyond that which is imposed by law. The SEC Materials should be read in conjunction with an entity’s periodic and other reports filed with the SEC, including the disclosures therein of certain factors which may affect an entity’s future performance. Statements contained in the SEC Materials are intended to be read in conjunction with and in the context of the complete SEC Materials in which they appear, rather than as stand-alone statements.

Certain statements included in both the SEC Materials and other public disclosures contained on this website are “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. Forward-looking statements can be identified by words such as “believes,” “expects,” “anticipates,” “intends,” “plans,” “estimates,” “projects,” “forecasts,” and future or conditional verbs such as “will,” “may,” “could,” “should,” and “would,” as well as any other statement that necessarily depends on future events. Such forward-looking statements are subject to risks, uncertainties, and other factors which could cause actual results to differ materially from future results expressed or implied by such forward-looking statements. The most significant of such factors include, but are not limited to, the following: the performance of financial markets, the investment performance of sponsored investment products and separately managed accounts, general economic conditions, future acquisitions, competitive conditions, and government regulations, including changes in tax rates. Tocqueville cautions readers to carefully consider such factors. Further, such forward-looking statements speak only as of the date on which such statements are made; factors or events that could cause Tocqueville’s actual results to differ may emerge from time to time, and it is not possible for Tocqueville to predict all of them. Tocqueville undertakes no obligation to update any forward-looking statements to reflect events or circumstances after the date of such statements.

 INFORMATION FOR VISITORS LOCATED OUTSIDE THE U.S.

Nothing on this website shall be considered a solicitation to buy or an offer to sell a security, or any other product or service, to any person in any jurisdiction where such solicitation, offer, purchase or sale would be unlawful under the laws of such jurisdiction.

  SUBMISSIONS

Electronic Mail (email) submitted to this website should be considered neither secure nor confidential. Tocqueville makes no representation whatsoever concerning the security or confidentiality of your email messages and specifically makes no representation that any email message submitted through this website will be received by Tocqueville.

Any communications or material you transmit to this website by electronic mail or otherwise, including data, questions, comments, or suggestions will be treated as non-confidential and non-proprietary and will become the property of Tocqueville or its affiliates. Such communications or material may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Tocqueville is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this website for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.

 PRIVACY NOTICE

Tocqueville collects and maintains certain nonpublic personal information in order to serve your financial needs, provide customer services, offer new products or services, and fulfill legal and regulatory requirements. The types and categories of personal information that we collect and maintain about you include: (i) information that we receive from you to open an account (such as your home address, social security number, telephone number, occupation, assets, and income); (ii) information about your relationship with us (such as products or services purchased, account balances and payment history), and (iii) information from visitors to our website (such as that provided through online forms, site visitorship data and online information collecting devices known as “cookies”).

We may share nonpublic personal information with our affiliates (companies that are controlled or owned by us, or with which we share common ownership) for our everyday business purposes or for our own marketing purposes or for joint marketing with other financial companies. We may also disclose some or all of such information about you in very limited instances to other businesses, including non-affiliated third parties, as allowed by law, for the purpose of: (i) performing services for us or on our behalf to develop or maintain software; (ii) doing mailings on our behalf with assurances that under no circumstance will the information be used for any purpose other than that authorized by Tocqueville; (iii) responding to a subpoena, preventing fraud or complying with an inquiry by a government agency or regulator; and (iv) complying with the provisions of the USA Patriot Act in verifying the identity of clients.

To fulfill our commitment to protecting your privacy, Tocqueville has instituted firm practices to safeguard the nonpublic personal information that we maintain about you.  These include: (i) adopting procedures that put in place physical, electronic, and other safeguards to keep your personal information safe; (ii) limiting access to personal information to those employees who need it to perform their job duties; and (iii) requiring third parties that perform services for us to agree by contract to keep your information strictly confidential.

 TRADEMARKS AND COPYRIGHTS

Tocqueville owns and operates this website. All trademarks, service marks, trade names, and logos displayed on this website are proprietary to Tocqueville or its affiliates, except as explicitly noted below under Ownership of Other Materials. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the written permission of Tocqueville or such third party that may own the trademarks displayed on this website. Your use of the trademarks displayed on this website, except as provided herein, is strictly prohibited.

Images, screens, information, related software and other proprietary property displayed on this website are either the property of, or used with permission by, Tocqueville. The use of these images, screens, information, related software and other proprietary property by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. If you download any information or software from this website, you agree that you will not copy it or remove or obscure any copyright or other notices or legends contained in any such information. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from this website.

OWNERSHIP OF OTHER MATERIALS

Adobe®, Acrobat®, Acrobat® Reader, and the Acrobat logo are trademarks of Adobe Systems Incorporated. Microsoft®, Internet Explorer, Windows®, and Windows Media® are trademarks of Microsoft Corporation. RealPlayer® is a trademark of RealNetworks, Inc. Quicktime® and Mac® are trademarks of Apple Computer, Inc. Morningstar® is a trademark of Morningstar, Inc. Standard & Poor’s®, S&P®, Standard & Poor’s 500, S&P 500®, are trademarks of The McGraw-Hill Companies, Inc.

 LINKING POLICY

Unless Tocqueville gives you permission otherwise, links from another website to this website must resolve to Tocqueville’s homepage (www.tocqueville.com). The text of the link must read either “Tocqueville Asset Management,” “Tocqueville,” Tocqueville.com” or “www.tocqueville.com.” In order to avoid confusion if you do link from another website to Tocqueville’s homepage, your website, and the link itself, may not falsely represent or misrepresent any relationship between the linking site and Tocqueville, including suggestions of affiliation, endorsement, or sponsorship, and may not make use of any Tocqueville trademarks, service marks or logos other than those contained within the text of the link. No link may be displayed on any site that infringes Tocqueville’s intellectual property or other rights, violates Tocqueville’s privacy policy, as it may be modified from time to time, or violates any state, provincial, federal or international law. Tocqueville reserves the right in its sole discretion to immediately terminate or modify permission to use any link, as well as the right to modify any link name or the URL of any link page, at any time.

 LINKED WEBSITES

This website may provide links to other websites for your convenience in locating related information and services. Unless otherwise indicated, Tocqueville does not maintain these other websites and has no control over the organizations that maintain the websites or the information, products or services that these organizations provide. The content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by Tocqueville. Linking to any off-site pages or other websites is at your own risk. Although we believe that the information from these organizations is reliable, Tocqueville cannot guarantee its completeness or suitability for any purpose and does not recommend or endorse these organizations or their products or services in any way. Tocqueville shall have no liability for any electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content.
Tocqueville makes no representations whatsoever about the opinions of any third party appearing on a linked website, neither regularly monitors nor has control over the contents of such websites, and does not endorse, and disclaims all responsibility for, the content of such statements or websites.

 APPLICABLE LAW AND VENUE

This website (excluding linked websites) is controlled by Tocqueville from its offices within the State of New York, United States of America. By accessing this website, both you and Tocqueville agree that the statutes and laws of the State of New York, without regard to conflicts of laws principles thereof, will apply to all matters relating to use of this website. If you take legal action relating to these terms, you agree to file such action only in the New York State Supreme Court, or the United States District Court for the Southern District of New York, and you consent and submit to the personal jurisdiction of those courts for the purpose of litigating any such action.

 INTEGRATION AND SEVERABILITY

If any provision of these terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms of use and will not affect the validity and enforceability of the remaining provisions. The preceding terms of use represent the entire agreement between Tocqueville and the user relating to the subject matter herein.

Revised November 2016