Terms & Conditions

Inverness Counsel, LLC, a federally registered investment adviser, does not guarantee the future performance or any specific level of performance of managed assets, the success of any investment decision or strategy that may be used, or the success of the overall management of assets.  Investment decisions are subject to various market, currency, economic, political and business risks and those investments may not always be profitable.

By using this site, you are agreeing to comply with and be bound by the following terms of use.  Please review the following terms carefully. If you do not agree to any of these terms, you should not use this site.  The terms “Inverness,” the “Company,” "us" or "we" or "our" refer to Inverness Counsel, LLC, the owner of invernesscounsel.com.  The term "you" refers to the user or viewer of invernesscounsel.com.

1. 1.       Acceptance of Agreement.

By using this website, you agree, at all times during your use thereof, to the terms and conditions outlined in this Terms of Use Agreement (this "Agreement") with respect to the Inverness website and Extranet (the "Site").  The information, content, tools and services of this Site are owned by Inverness, as well as by certain third-party content providers, as more fully described below.  This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement.  This Agreement may be amended or otherwise modified at any time by us from time to time without specific notice to you.  The most recent Agreement in effect will be posted on the Site, and you should carefully review this Agreement (as it may be updated or otherwise modified) prior to using the Site.  By using this Site, you agree to follow and be bound by this Agreement.  Nothing contained in these Terms of Use is intended to modify or amend any other written agreement, including any advisory or account agreements, and any other agreements that govern your use of any information, content, tools, products or services available on and through the Site. 

We may modify, suspend, discontinue, or restrict the use and availability of all or any portion of this Site at any time, without notice or liability to you.  Individual access and use of this Site may be monitored by us and used for our internal business purposes, without liability to you. 

1. 2.        Copyright.

We maintain this Site as a service to the Internet community.  The selection, arrangement and design of the entire contents of this Site, as well as the original contents herein, are the property of Inverness.  The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights.  The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as expressly permitted by Section 4 below, is strictly prohibited.  You do not acquire any ownership rights to any content, document or other materials viewed through the Site by your viewing or other usage hereof.  The posting of information or materials on the Site does not constitute a waiver or diminution of any right in such information and materials.  Some of the content on the site may be the copyrighted work of third parties.

1. 3.        Service Marks.

"invernesscounsel.com" and others are our service marks or registered service marks or trademarks.  Other product and company names mentioned on the Site may be trademarks of their respective owners.

1. 4.        Limited License; Permitted Uses; Privacy.

Inverness grants you a limited, non-exclusive, non-transferable, revocable license to:  (a) access and use the Site strictly in accordance with the terms of this Agreement; and (b) print out discrete information from the Site solely for internal, personal, and non-commercial purposes and subject to the proviso that you comply, in all respects, with all copyright and other restrictions and policies contained therein.  No print-out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever or under any circumstances.

We understand that web-enabled clients are quite concerned about the privacy of information.  We have established policies and procedures concerning the collection, use and security of information that will help protect the privacy of registered users.  Our information privacy standards are designed to help us serve our clients, while, at the same time, maintaining our own strict security standards, and are intended to comply with the data protection laws of the various jurisdictions where we do business.  We regularly review these policies and procedures for their efficacy and appropriateness and may undertake changes or updates to them as we deem advisable.

We will collect only the personal information from visitors, including their addresses, from forms that the visitors voluntarily submit and based on or related to their usage of this Site.  This information is collected in order to enable Inverness to better identify and serve its visitors and to respond better to their needs and requirements.  On the Extranet, we may also collect information concerning the use of certain analytical and portfolio analysis tools.  We will not intentionally disclose or divulge the details about web visitors or any of their business information to anybody outside of Inverness and its affiliates without the visitor’s express permission, unless such disclosure is required by applicable law or is in compliance with legal process, or if necessary to protect our rights or our business reputation or to act in an emergency situation in order to protect personal safety or to prevent harm to persons or property.

We will collect information about the Internet Service Providers and Browsers that visitors use to visit www.invernesscounsel.com and we will use this aggregated information statistically to help serve our clients better.  This Site does serve cookies.  A cookie is a small file that is created to help visitors navigate abut a website, and is useful to track the traffic to and at a site and to personalize the website.  You may refuse the cookies but certain services on a website may not then function properly.

We also collect and store certain information in order to answer your e-mail respond to your submissions, to complete your personal profile and to measure the overall interest of our visitors to the various sections of this Site, including our Extranet.

Our Site does not respond to Do Not Track signals.

We cannot provide any assurance of privacy over a network that is not a secure network or over a network that we do not control.  The Internet is not a secure network and, aside from our own servers, not within our control.  Once a client is logged onto our client portal located at www.invernesscounsel.com, all information and reports will be transmitted utilizing the Secure Socket Layer (SSL) protocol, a security protocol designed to help safeguard information while interacting with you on the Site.  This protocol encrypts your information so a third party cannot easily read the information while in transit. 

Electronic Message and E-Mail Security – Messages traveling through the Internet using your Internet provider’s e-mail process are subject to viewing, alteration and copying.  We are not responsible for the security or confidentiality of any communications that you send to www.invernesscounsel.com through the Internet using the e-mail process.

1. 5.        Restrictions and Prohibitions on Use.

Your license for access and use of the Site and any information, materials or documents therein (collectively defined as "Content and Materials") are subject to the following restrictions and prohibitions on use: You may not, directly or indirectly:  (a) copy, print (except for the express limited purpose provided in Section 4 above), re-publish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form, or by any means, all or any portion of the Site or any Content and Materials retrieved therefrom; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right or other property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any time-sharing system, service bureau, the Internet or any other technology now existing or hereafter developed; (g) remove, de-compile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine or modify the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial e-mail; (2) e-mail that makes use of headers, invalid or non-existent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating e-mail, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.

1. 6.        Registration.

Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate and complete registration information and to update such information as appropriate. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity.  We do not permit:  (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.

1. 7.       Errors, Corrections and Changes.

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected.  We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site from time to time and at any time. We reserve the right, in our sole discretion, to edit, supplement or delete any documents, information or other content appearing on the Site.

1. 8.        Third-Party Content.

Third-party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity contained in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

1. 9.        Unlawful Activity.

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to appropriate law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail address(es), usage history, posted materials, IP address(es) and traffic information.

1. 10.    Indemnification.

You agree to indemnify, defend and hold us and our members, agents, officers, managers, employees, sub-contractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from, and pay or reimburse us for, any liability, loss, claim and expense, including reasonable attorney's fees, related to your actual or alleged  violation of this Agreement or improper or unauthorized use of this Site.

1. 11.    Non-transferable.

Your right to use the Site is not transferable or assignable in any manner, in whole or in part.  Any password or right given to you to obtain information is not transferable or assignable in any manner, in whole or in part.

1. 12.    Disclaimer.

THE INFORMATION, CONTENT AND DOCUMENTS PROVIDED OR MADE AVAILABLE  FROM OR THROUGH THE SITE ARE PROVIDED "AS IS," "AS AVAILABLE," WITH "ALL FAULTS,",AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).  THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 13(B) BELOW. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF ACTUAL OR PROJECTED BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT OR ENTERPRISE LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

1. 13.   Limitation of Liability.

(A)    We and any of our Affiliated Parties shall not be liable, either jointly, severally, comparatively, contributorily or otherwise, for any loss, injury, claim, liability or damage of any kind resulting in any way from (i) any errors in or omissions from the Site or any services or products obtainable therefrom, (ii) the unavailability or interruption of the Site or any features thereof, (iii) your use of the Site, (iv) the content contained on the Site or (v) any delay or failure in performance beyond the control of us or any Affiliated Parties.

(B)    THE AGGREGATE LIABILITY OF US AND ANY OF OUR AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU AND EXCLUSIVE OF ALL OTHER REMEDIES THAT YOU MAY HAVE AGAINST US AND/OR ANY AFFILIATED PARTIES.

1. 14.    Use of Information.

We reserve the right, in our sole discretion, and you authorize us, to the use and assignment of all information regarding Site uses by you and all data and other information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our exclusive property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including, without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that exist or may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission, in whole or in part, for any commercial or other purpose whatsoever, without compensation to you or any other person or entity sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright.

1. 15.    Securities Laws.

The Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our services, as well as our intentions, plans and objectives (particularly with respect to service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates that are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends," "will" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated, in whole or in part, into any of our securities-related filings or documents.

1. 16.    Copyrights and Copyright Agents

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent (see below) the following information:

- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

- A description of the copyrighted work that you claim has been infringed;

- A description of where the material that you claim is infringing is located on this Site;

- Your address, telephone number, and e-mail address;

- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or applicable law; and

- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and not omissive or misleading in any material respect and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site may be reached by directing an e-mail to the Copyright Agent at invernessoffice.invernessportal@corient.com.

This Site has been established for the benefit of Inverness, its clients’ authorized users and other visitors.  If you are a visitor to this Site, or an authorized user of Inverness’s Extranet, you may also have the ability to receive personalized e-mail and alerts, to receive publications and other information authored by, or at the direction of, our personnel, and to retrieve investment accounting statements and reports for your investment portfolio(s).

1. 17.   Interpretation.

The terms and conditions of use set forth in this Agreement are intended as guidelines and are not meant to be, or to be construed as, exhaustive or exclusive.  Generally, conduct that violates law, regulation or the accepted norms and standards of conduct of the Internet community, whether or not expressly contained or mentioned in this Agreement, is prohibited.  Inverness reserves the right, at all times, to prohibit activities that damage or diminish its commercial reputation and goodwill or the commercial reputation and goodwill of its vendors and clients.  We may modify the terms and conditions of this Agreement at any time and from time to time, and we may add or delete any provision at any time, without any notice thereof.  We may take whatever actions we deem appropriate, if we believe that there has been a violation or breach of this Agreement.

1. 18.    Legal Compliance.

You agree to comply with all applicable U.S. federal and state and international laws, statutes, ordinances and regulations regarding your use of this Site and the Content and Materials provided therein.

Inverness may only transact business in a particular jurisdiction if first notice filed with the jurisdiction that it is conducting investment advisory business when required by law.  In any jurisdictions where it has not provided notice and is not exempt or excluded from those laws, it may not transact business as an investment adviser and may not be able to respond to your inquiries.