Terms of Use

This website (the “Site”) is owned, developed, and maintained by Kopernik Global Investors, LLC (collectively “Kopernik”, “we”, “our”, “us”). Please read these terms and conditions of use (the “Terms”) carefully before using the Site or any of the information or services provided by Kopernik in connection with the Site. By using the Site, you acknowledge that you have read and understood the Terms and accept and agree to be legally bound by them. If you do not accept and agree to the Terms, you are not an authorized user of the Site or any of its information or services and should not use the Site. The Terms also contain some important disclosures. The terms “you” and “your” mean you and any entity you may represent in connection with the use of the Site. They are in addition to, and do not modify or amend any other agreements between you and Kopernik, including any customer or account agreements, and any other agreements that govern your use of information, content, products and services available on and through the Site. You may use your browser to download or print out a copy of these Terms for your records.

Kopernik may, in its sole discretion, change, modify, add, or remove portions of the Terms at any time, effective upon posting new Terms. We encourage you to periodically visit this page to review the current Terms. By using the site after we post changes to the Terms, you accept and agree to be legally bound by the Terms as changed. Kopernik’s privacy policy forms part of these Terms.

No Offer or Advice

The Site and the data, text, graphics, information, content or services provided on the Site (collectively, the “Content”) are provided as a public service and are for information and educational purposes only. Nothing on the Site constitutes investment advice. Neither the information, nor any option contained on the Site constitutes a recommendation, solicitation or offer by Kopernik to sell or buy any security or investment product or service. Although some of Content may relate to investment in securities and/or mutual funds, the Site does not, and it is not intended to, provide any investment, financial, retirement planning, legal, accounting or tax advice. You are solely responsible for determining whether any investment, investment strategy, security or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should not use or rely upon the Site as a substitute for independent research or professional tax, financial or legal advice. You should seek such professional tax, financial or legal advice for your specific situation. You acknowledge that any requests you make for information in connection with the Site are unsolicited. Decisions based, in whole or in part, on information contained on the Site are your sole responsibility.

All funds for which Kopernik acts as the investment adviser are offered by prospectus or private placement memorandum only. Prospectuses contain more complete information on advisory fees, distribution charges, and other expenses, and should be read carefully before investing or sending money. Past performance does not guarantee future results. Please remember that there is no assurance that the investment objective of any fund will be achieved. Please also note that investment return and principal value will fluctuate. Shares of mutual funds involve investment risks, including the risk that such shares may be worth more or less than their original cost upon redemption or other transfer.

The Content may contain forward-looking statements and descriptions of goals and objectives, which involve certain risks and uncertainties. These forward looking statements can be identified by the use of words such as “may,” “will,” “should,” “expect,” “anticipate,” “project,” “estimate,” “intend,” “continue,” “believe,” “plan”, the negatives thereof, or other similar language. Although these forward-looking statements, stated goals and objectives are based upon assumptions and information that Kopernik believes are reasonable, actual results of investments, operations and achievements may differ materially from the statements, goals and objectives set forth in the Content. In considering forward-looking statements, you should keep in mind the relevant risks and other cautionary statements in the Content. Prospective investors should not place undue reliance on any forward-looking statements.

Disclaimer and Limitation of Liabilities

The information on this Site is provided for informational purposes only. Although Kopernik seeks to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors in the Content. Kopernik reserves the right to make changes and corrections at any time, without notice. The Content is provided “AS IS” and without warranties of any kind, either expressed or implied. To the fullest extent permitted under applicable law, Kopernik disclaims all warranties, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Kopernik does not warrant, either expressly or impliedly, the accuracy or completeness of the Content or the Site and expressly disclaims all liability for errors or omissions in the Content or the Site and for the use or interpretation by others of Content on the Site. Kopernik will not be responsible for any loss or damage that could result from third party receipt or interpretation of any Content made available to you on this Site. Kopernik, its managers, officers or employees, and any third party vendor retained by Kopernik, will not be liable or have any responsibility of any kind for (i) any loss or damage that you incur in the event of any failure or interruption of the Site, (ii) any act or omission of any other party involved in making this Site or the Content available to you, (iii) any other cause relating to your access to, inability to access, reliance upon, or use of the Site or the Content, and (iv) any computer virus or computer code or similar device that might be used to access, delete, damage, disable, disrupt or otherwise impair the operation of the Site or your software or hardware, whether or not the circumstances giving rise to such cause may have been within the control of Kopernik or of any vendor providing software or support services for this Site. In no event will Kopernik 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 Kopernik or any other party has been advised of the possibility thereof.

Indemnification

As a condition of your use of the Site, you agree to indemnify and hold harmless Kopernik and each third party Content provider harmless from and against any and all claims, losses, liability, costs and reasonable expenses (including attorneys’ fees) arising from your use of the Site, or from your violation of these Terms of Use.

Intellectual Property and Restrictions on Use

All Content is owned or licensed by Kopernik and/or third-party information providers and is protected by applicable copyrights, trademarks, service marks and/or other intellectual property rights. You are permitted to view, store, bookmark, download, and print pages of the Site, and use Content, solely for your personal, informational, and non-commercial use or, if you are a consultant, financial adviser, accountant, attorney, or other professional, that of your clients. Accordingly, without Kopernik’s express written consent you may not reproduce any Content, or modify, sell, use, publish, post, frame, link, transmit, display, or distribute for any commercial or illegal purpose any Content, including, without limitation, any text, graphics, charts, images, video, audio, design or logos on the Site. You may download Content if permitted by the Site only so long as you keep, and do not modify, cover, or obscure, all copyright and proprietary notices contained in the Content. Any unauthorized use of Content violates the intellectual property rights of Kopernik and/or third parties and may violate a variety of laws and regulations, including those concerning copyright, trademark, privacy, and communications.

Without limiting the foregoing, you may not display hyperlinks on your websites to the Site. If you wish to display a hyperlink from your website to the Site, you must enter into a written agreement with Kopernik governing such display. Nor may you probe, scan, or test the vulnerability of any services, systems, networks, servers, or accounts related to this Site (together, Systems) or attempt to gain unauthorized access to the Content or System through hacking, password or data mining, or any other means of circumventing any access-limiting, user authentication , or security device of the Systems or the Site.

Any and all trademarks, trade names, service marks, and logos (“Marks”) displayed on the Site are proprietary to Kopernik and/or their respective third party owners. No Content should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any such Mark. The use of the Marks displayed on the Site, other than as expressly provided herein or as may be permitted by written consent, is strictly prohibited.

Electronic Communications

If you send e-mails or other messages to us (through the Site or independently), you are communicating with us electronically and you consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on the Site. E-mail sent to the Site should not be considered secure. You agree that all agreements, notices, disclosures and other communications that we send to you electronically satisfy any applicable legal requirement that such communications be “in writing.” You also agree that any agreements, notices, disclosures and other communications sent by us to you electronically are deemed to be received on the date we transmit any such electronic communication. Communications to Kopernik, particularly those containing confidential information, may be sent by mail to Kopernik Global Investors, LLC, Two Harbour Place, 302 Knights Run Avenue, Suite 1225, Tampa, Florida 33602.

Foreign Investors

Any products or services described in the Content and information provided through the Site are directed to and are available only to persons in the United States. The Site is not intended for any person or entity in any jurisdiction or foreign country where such distribution or use would be contrary to law or regulation, or which would subject Kopernik or any of its services or products to any registration requirement within such jurisdiction or country. Some of Kopernik’s products, such as mutual funds, may be inappropriate or unsuitable for foreign investors. Persons who access the Site voluntarily are responsible for compliance with applicable local laws or regulations.

Access to the Site and Content

Kopernik may withdraw access to or change any of the investment products or services described in the Content or on the Site at any time, without providing notice to you. Kopernik also reserves the right, in its sole discretion, to withdraw access to or change any of the Site’s Content at any time without providing notice to you. All Content is presented as of the date published or indicated, and may become inaccurate or stale as a result of later events. Although Kopernik tries to provide accurate and current Content, Kopernik does not guarantee or ensure the accuracy, completeness, timeliness or authenticity of any Content. Moreover, you are solely responsible for making sure that you are receiving up-to-date Content from the Site.

Miscellaneous

The Terms represent the entire agreement between you and Kopernik relating to the Content and the Site. The Terms shall be governed and construed under the laws of the State of Florida without regard to its conflict of law principles, regardless of whether you reside in Florida or conduct business with Kopernik in Florida or elsewhere. If you take legal action relating to these Terms or your use of the Site, you agree to file such action only in the State courts in the County of Hillsborough, Florida, or, if there is federal jurisdiction, then in the United States District Court for the Middle District of Florida. Any such action shall be governed by the laws of the State of Florida, without reference to that State’s choice of law rules. You consent and submit to the personal jurisdiction of those courts for the purpose of litigating any action relating to the Terms or your use of the Site.

No waiver by Kopernik of any right under or term or provision of these Terms will be deemed a waiver of any other right, term, or provision of the Terms, either at that time or at any future time. Whenever possible, each provision of the Terms will be interpreted so as to be effective and valid; but if any provision of the Terms is held to be invalid, illegal or unenforceable in any respect in a particular jurisdiction, such invalidity, illegality or unenforceability will not affect any other provision of the Terms or the validity and enforceability of that provision in any other jurisdiction. Neither these Terms, nor any Content on the Site, creates any partnership, joint venture, or agency relationship between us.