Terms of Use
Effective Date: November 6th, 2020
Thank you for visiting the Web site www.greshampartners.com (the “Site”). Throughout these terms and conditions (“Terms of Use”) the words “Gresham Partners,” “we,” or “us” refer to Gresham Partners LLC and our affiliates, and the words “you” and “your” refer to the user visiting the Site and your institution or organization. By accessing this Site you acknowledge and agree to accept the following: (i) these Terms of Use, which constitute a legal agreement between you and Gresham Partners; (ii) the Site privacy policy (the “Privacy Policy”); and (iii) any other legal notices, conditions or guidelines located within the Site. If you do not agree to any of these Terms of Use or the Privacy Policy, please do not use the Site and exit now.
1. Important Legal Information about Privacy
The terms and conditions of Gresham Partners’ Privacy Policy apply to your use of this Site, form an integral part of your agreement with us, and are incorporated by reference into these Terms of Use. You should read the Privacy Policy carefully before you use this Site because by using this Site you will be agreeing to everything in these Terms of Use, including the terms contained in our Privacy Policy.
If we update our Terms of Use, we will post the updated Terms of Use here or notify you of such changes. Any such changes will be effective upon posting. You should consult the “Terms of Use” bar on this Site each time you visit the Site. If you do not agree with these Terms of Use, you should not use the Site.
If you have any questions or comments about these Terms of Use, please contact us via the “Contact” tab on www.greshampartners.com or write to us at Gresham Partners LLC, 333 West Wacker Drive Suite 700, Chicago, Illinois 60606.
2. Uses of Our Site and Site Content
All content and information, including without limitation descriptions, graphics, photos, services and the like (“Site Content”), and all trademarks, logos, copyrights and other intellectual property displayed on the Site is owned by, controlled or licensed to Gresham Partners. You in no way will obtain any ownership interest or rights in the Site Content or trademarks contained on this Site.
We hereby grant you a limited, revocable, non-exclusive and non-transferable right to view, store, bookmark, download, copy and print pages from the Site solely for your personal, educational and non-commercial use. You may not use any trademark, service mark or logo of us or any third party that appears on the Site without prior written consent of the trademark, service mark or logo owner. Unless you receive our permission in advance, you may not exploit any of the Site Content commercially, forward it as a mass distribution, post it on another Web site, or otherwise copy, distribute or modify any portion of the Site. If you download any pages from the Site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such Site Content. You may not alter or modify the Site Content in your copies.
If you link other Web sites to this Site, you may not imply or suggest that Gresham Partners has endorsed or is affiliated with such Web sites and you may not display this Site as “framed” within another Web site.
You may not (and may not encourage or assist others to) violate any law, regulation, rule or the intellectual property or contractual rights of others, or attempt to circumvent or violate the security of this Site or use or gain access to the identities, information or computers of others through this Site. You may not delete, decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of this Site.
You may not transmit any virus, worm, time bomb or similar system interference or corruptant through this Site.
Gresham Partners has the right (but not the obligation) to monitor this Site for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you.
3. Investment Disclaimers
This Site is for general informational purposes only and is not a substitute for professional financial, investment, tax or legal advice. Under no circumstances should any information on the Site or Site Content be used or construed as an offer to sell, or a solicitation of an offer to buy, any securities, financial instruments, investments or other services. Dated content speaks only as of the date indicated.
Nothing provided on this Site constitutes tax, legal, accounting, insurance, or investment advice. Neither the information, nor any opinion, provided on our website is a solicitation, offer, recommendation, or advice to buy, sell, or hold any securities or other investments, nor to pursue any investment style or strategy. Any links or references to third-party websites, products, or services are provided solely as a convenience to you and, unless expressly stated otherwise, not to be understood as an endorsement by us. Any decisions you make based on information provided on our Site are your sole responsibility. If you would like investment, accounting, tax or legal advice, you should consult with your own financial advisors, accountants or attorneys regarding your individual circumstances and needs. Gresham Partners will not treat users of the Site as its partners, clients, customers or investors by virtue of their accessing the Site.
The Site may contain forward-looking statements that reflect our current views with respect to, among other things, the operations and performance of our business. You can identify these forward-looking statements by the use of words such as “outlook,” “believe,” “expect,” “potential,” “continue,” “may,” “should,” “seek,” “approximately,” “predict,” “intend,” “will,” “plan,” “estimate,” “anticipate” or the negative version of these words or other comparable words. Forward-looking statements are subject to various risks and uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. We undertake no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.
Any transactions described on the Site as engaged in by Gresham Partners are included as representative transactions for illustrative purposes only and may not be representative of all transactions engaged in by Gresham Partners.
4. International Use
The Site is operated and controlled by us in the United States, and the Site Content provided in or accessible through the Site is, unless otherwise specified, directed at residents of the United States. Despite the global nature of the Internet, Gresham Partners makes no claims that the Site Content or the Site are appropriate or may be viewed or used outside the United States. Access to the Site from countries or territories where such access is illegal is prohibited. Gresham Partners makes no representations that the transactions, projects or services discussed on or accessible through the Site are available or appropriate in all jurisdictions or by all users. Those who access the Site from outside the United States do so at their own initiative and are responsible for compliance with local laws, rules and regulations.
5. Linked Sites
Gresham Partners does not review or monitor any Web sites linked from or to the Site and is not responsible for the content of any such Web sites, or any products or services contained on or accessible through such other Web sites. We encourage you to review the terms of use and privacy policies of any Web site that you visit. Gresham Partners disclaims responsibility for the privacy policies and customer information practices of third-party internet Web sites linked from the Site, and will not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such Web sites.
6. Password and Security Notification
Certain areas of the Site, including our Client Portal are password-protected. You may not attempt to access any password-protected areas of the Site without authorization. You are solely responsible for the activity that occurs on your account, and you are responsible for keeping your account password secure. If you have been issued a password for the Site, you agree that Gresham Partners has granted you limited access to specific files pertaining to investments relevant to you, and you agree not to attempt to access other computer files.
You are solely responsible for maintaining the confidentiality of your passwords, account information, user names, and/or any security questions and answers for the Site, and for logging off any protected areas of the Site when you finish a session. Accordingly, you should protect the confidentiality of your password and notify Gresham Partners immediately if you become aware of its unauthorized use. If you share your password with a third party, you assume all responsibility for all such party’s activity related to the Site. Although Gresham Partners will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses incurred by Gresham Partners or others due to such unauthorized use.
7. Client Portal
If you choose to use the Client Portal, you may be asked to consent to our providing documents and information to you through the Client Portal. In addition, when you use our Client Portal you will be redirected to our current third-party provider, Summitas. Gresham Partners strives to ensure that all of its partners and affiliates maintain industry-standard privacy policies and security. You may read a current, effective description of security features of the Summitas Site here: https://www.summitas.com/info/security/gresham. Please be aware, however, that Gresham does not directly store any of your Personal Information or documents when you use the Client Portal, and we do not control the terms of use, privacy policies and practices of third parties. In addition to reviewing these Terms of Use and our Privacy Policy{Note to client: Link to Privacy Policy}, you should review the terms of use and privacy policy of Summitas {Note to client: Add hyperlinks to terms and privacy policy of Summitas} with regards to additional terms regarding your use of the Client Portal.
8. Governing Law and Forum
The laws of the State of Illinois govern these Terms of Use. Any dispute relating to these Terms of Use or your use of the Site shall be resolved solely in the state or federal courts located in Cook County, Illinois. You agree to waive trial by jury in any such action.
9. Limitation of Liability and Disclaimers
IN NO EVENT SHALL GRESHAM PARTNERS LLC OR ITS RELATED PERSONS (AS DEFINED BELOW) BE LIABLE TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (“DAMAGES”) ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE (OR INABILITY TO USE) OR DISTRIBUTION OF THE SITE OR CLIENT PORTAL, INCLUDING DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION, OR ANY SITE CONTENT OR INFORMATION OBTAINED THROUGH USE OF THE SITE, EVEN IF GRESHAM PARTNERS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Gresham Partners, its affiliates and their respective officers, directors, managers, partners, members, shareholders, employees, affiliates and agents (collectively “Related Persons”) make no representations or warranties of any kind and specifically disclaim any and all warranties of any kind, express or implied, with respect to the Site, including any representations or warranties with respect to merchantability, fitness for a particular purpose, title, non-infringement, availability, security, accuracy, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing or speed of delivery.
While we use reasonable efforts to obtain information from reliable sources, Gresham Partners does not warrant that the information in this Site is accurate, reliable, complete, or correct, that this Site will be available at any particular time or location. Such information or materials are provided “as is” and “as available.” Please be aware that there is no such thing as “perfect security” on the Internet, and third parties may unlawfully intercept or access transmissions or private communications, and accordingly electronic mail and other transmissions to and from the Site or made via the Site may not be secure. To the extent that applicable law may not allow the exclusion of implied warranties, the above exclusions may not apply to you.
10. Indemnification
By accessing this Site, you agree to indemnify us and our directors, officers, employees, agents and consultants and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from your use of this Site or your violation of any term of these Terms of Use.
11. Other Restrictions on Conduct
You agree not to disrupt, modify or interfere with the functioning of this 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 Site, and you agree not to impede or interfere with others’ use of this Site. You also agree not to alter or tamper with any information or materials on, or associated with, this Site or services provided on or through it.
12. Ability to Accept Terms of Use
You affirm that you are more than the age of majority in your jurisdiction and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
13. Severability and Enforceability
If any provision or portion of these Terms of Use is held illegal, invalid, or unenforceable, in whole or in part, it shall be modified to the minimum extent necessary to correct any deficiencies or replaced with a provision which is as close as is legally permissible to the provision found invalid or unenforceable and shall not affect the legality, validity or enforceability of any other provisions or portions of these Terms of Use.
14. Termination/Exclusion
We reserve the right, in our sole discretion, to revoke, terminate or suspend any and all privileges associated with accessing this Site for any reason or for no reason whatsoever including improper use of this Site or failure to comply with these Terms of Use, and to take any other action we deem appropriate.
15. User Suggestions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to Gresham Partners through this Site are not confidential and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions. Gresham Partners 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.
16. General
We may assign, novate or subcontract any or all of our rights and obligations under these Terms of Use at any time.
