Terms of Use
This website is provided as a service, and for informational purposes only, by Tocqueville Asset Management L.P. (“Tocqueville”) a registered investment adviser servicing individual and institutional clients.
Table of Contents
- Acceptance of the Terms of Use
- Disclaimer
- Liability and Indemnity
- Restrictions on Use of Materials
- SEC Materials
- Information for Foreign Visitors
- Submissions
- Trademarks and Copyrights
- Ownership of Other Materials
- Linked Websites
- Applicable Law and Venue
- Integration and Severability
ACCEPTANCE OF THE TERMS OF USE
By using this website, you signify your assent to the following terms of use without limitation or qualification. 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. If you use this website after we post changes to the terms, you accept the changed terms. If you do not agree to these terms, do not use this website.
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 the agreement, 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 is provided "as is" and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, Tocqueville disclaims all warranties, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Tocqueville does not warrant, either expressly or impliedly, the accuracy or completeness of the information, text, graphics, links or other items contained on this website.
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 or sell any security. 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. The mutual funds referred to on this website may be offered and sold only to persons in the United States. For more complete information on any fund, including expenses and any applicable fees, please obtain a free prospectus by accessing the Tocqueville Funds link on this website or by calling 1-800-697-3863. Read the prospectus carefully before you invest or send money.
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 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 hold Tocqueville harmless for any claims for damages 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.
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 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. Individual statements appearing 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. 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; Tocqueville undertakes no obligation to update any forward-looking statements to reflect events or circumstances after the date of such statements.
INFORMATION FOR FOREIGN VISITORS
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 nonconfidential and nonproprietary and will become the property of Tocqueville or its affiliates. Such communications or material shall 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.
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 displayed on this website are either the property of, or used with permission by, Tocqueville. The use of these images 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.
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. Netscape Navigator® is a trademark of Netscape Communications. Standard & Poor’s®, S&P®, Standard & Poor’s 500, S&P 500®, are trademarks of The McGraw-Hill Companies, Inc.
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. 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.
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 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.
September, 2006
© Tocqueville Asset Management L.P.
SK 52276 0001 700279
