These Terms & Conditions govern your access to and use of the Ormonde Investment Management, LLC website and any services we make available through it. Please read them carefully.
By accessing or using the website operated by Ormonde Investment Management, LLC ("OIM," "we," "us," or "our") at ormondeinvestments.com and any subdomain (collectively, the "Site"), you ("you" or "User") agree to be bound by these Terms & Conditions (the "Terms") and our Privacy Notice. If you do not agree to these Terms, you may not access or use the Site.
Ormonde Investment Management, LLC is a Delaware limited liability company headquartered at 4100 Alpha Road, Suite 500, Dallas, Texas 75244. OIM is registered with the U.S. Securities and Exchange Commission as an Investment Adviser under the Investment Advisers Act of 1940, providing discretionary and non-discretionary investment advisory and cash management services, including to plan sponsor clients in connection with the Paydcash™ healthcare benefit program where investment management of program assets is required. OIM is an investment adviser only; it is not a broker-dealer, does not execute securities transactions on a principal basis, and does not maintain custody of client assets. OIM's affiliate, Ormonde Benefits Administration LLC ("OBA"), a Texas-licensed Third-Party Administrator, serves as the administrator of the Paydcash™ program; OBA's services are separate from, and this Site does not describe or offer, OBA's third-party administration services.
The Site is provided for informational purposes and to support institutional partners, plan sponsors, prospective clients, regulators, and other business contacts of OIM. You may use the Site only for lawful purposes and in accordance with these Terms.
Through the Site, OIM may make available information about its investment advisory and cash management services, its team, contact options, and regulatory disclosures (including its Form ADV and Form CRS). The Site does not enable account opening, the giving of investment instructions, the placing of orders, or any other transactional activity. Investment advisory services are provided exclusively under written agreement with an OIM client and are subject to OIM's Form ADV and the agreed advisory documentation.
Nothing on the Site is an offer to sell or a solicitation of an offer to buy any security, or an offer or solicitation to provide any advisory service, in any jurisdiction in which such offer or solicitation would be unlawful. Use of the Site does not create an investment advisory or fiduciary relationship between you and OIM. An advisory relationship is formed only upon execution of a written investment advisory agreement with OIM.
Information on the Site is provided for general informational purposes only. It is not investment advice, legal advice, tax advice, or accounting advice, and should not be relied upon as such. Always seek the advice of a qualified professional for questions specific to your situation. Use of the Site does not create an advisor-client or attorney-client relationship.
You agree that any information you provide to OIM is true, accurate, current, and complete, and that you will promptly update such information as needed. You are responsible for safeguarding any credentials you receive in connection with the Site or any related service and for all activity that occurs under your account. You must notify OIM promptly of any unauthorized access or suspected security incident.
Our collection, use, and protection of information obtained through the Site is described in our Privacy Notice, which is incorporated into these Terms by reference.
By using the Site, you consent to receive communications from us electronically (including by email, text messaging, and on-Site messaging) and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. You further agree that electronic signatures, including typed names submitted through Site forms, have the same legal effect as handwritten signatures to the fullest extent permitted by applicable law (including the U.S. ESIGN Act and the Texas Uniform Electronic Transactions Act).
The Site, including all text, graphics, logos, images, software, and other content (the "Content"), is owned by or licensed to Ormonde Investment Management, LLC and is protected by U.S. and international copyright, trademark, and other intellectual-property laws. The ORMONDE wordmark and Celtic-knot device and other related marks are trademarks of their respective owners. You may view, download, and print Content from the Site solely for your personal, non-commercial, internal-business purposes related to your relationship as a client, prospective client, or business partner of OIM. You may not copy, modify, distribute, sell, lease, reverse-engineer, frame, or create derivative works of any Content without our prior written consent or as expressly permitted under applicable law.
The Site may contain links to, or be integrated with, third-party websites, services, or applications, including OpenStreetMap, Google Maps, Apple Maps, and external partner sites. OIM does not control and is not responsible for the content, policies, or practices of any third-party site or service. Inclusion of a link does not imply endorsement.
You agree not to:
The Site and all Content are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, either express or implied. To the fullest extent permitted by law, Ormonde Investment Management, LLC disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components, or that any information on the Site is complete, accurate, or current.
To the fullest extent permitted by law, in no event will Ormonde Investment Management, LLC, its affiliates, members, managers, directors, officers, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages (including, without limitation, lost profits, lost data, business interruption, or loss of goodwill) arising out of or relating to your access to or use of, or your inability to access or use, the Site or any Content, whether based in contract, tort, statute, or any other legal theory, and even if we have been advised of the possibility of such damages.
To the extent any liability cannot be excluded under applicable law, OIM's aggregate liability arising out of or relating to these Terms or your use of the Site shall not exceed One Hundred U.S. Dollars (US $100). Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the limitations above may not apply to you.
You agree to defend, indemnify, and hold harmless Ormonde Investment Management, LLC and its affiliates and their respective members, managers, directors, officers, employees, agents, and licensors from and against any and all claims, liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Site or any Content; (b) your violation of these Terms; (c) your violation of any law or the rights of any third party; or (d) any content or information you submit, post, or transmit through the Site.
These Terms and any dispute arising out of or relating to them or the Site shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-laws principles. Subject to Section 17, the state and federal courts located in Dallas County, Texas shall have exclusive jurisdiction and venue over any judicial proceedings, and you consent to the personal jurisdiction of those courts.
Informal resolution. Before initiating any formal dispute, you agree to first contact OIM at legal@ormondeinvestments.com and attempt in good faith to resolve the dispute informally for at least sixty (60) days.
Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Site that is not resolved informally shall, at the election of either party, be resolved by binding arbitration administered by the American Arbitration Association in Dallas County, Texas, in accordance with its applicable commercial rules then in effect. Judgment on any arbitration award may be entered in any court of competent jurisdiction.
No class actions. You and OIM agree that any dispute resolution proceedings shall be conducted only on an individual basis and not in a class, consolidated, or representative action.
Nothing in this Section 17 shall prevent either party from seeking injunctive or other equitable relief from a court of competent jurisdiction to protect its intellectual-property or confidentiality rights.
We may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including for any violation of these Terms. Sections that by their nature should survive termination (including Sections 10, 13, 14, 15, 16, 17, and 19–21) shall survive.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The failure of OIM to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
We may revise these Terms from time to time by posting an updated version on this page. The revised Terms shall be effective when posted. Your continued use of the Site after the effective date constitutes your acceptance of the revised Terms.
Questions about these Terms may be directed to our Legal Department by email (legal@ormondeinvestments.com) or mail (Ormonde Investment Management, LLC, 4100 Alpha Road, Suite 500, Dallas, TX 75244), or by phone (+1 833 689 6003).