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User Agreement

By entering hub.etfstrategy.com (the “Website”, “Site”, the “Hub”, “ETF Strategy Hub”) you acknowledge your understanding, acceptance and agreement to the terms of this User Agreement. You should read these terms very carefully as they form a legally binding Agreement for use of the Website applicable to you. As part of these terms, you also agree to our Privacy Policy and Cookies statement.

Introduction

ETF Strategy Hub (hub.etfstrategy.com) is a digital media content platform. For our Members, the Hub acts as an on-demand repository of research-led thought-leadership content and product insight delivered in a variety of media formats, including webcast, video, podcast, and white paper. For our Partners (ETF issuers, index providers, and liquidity suppliers), the Hub acts as a platform to showcase product research and thought leadership to an audience of qualified Professional Investors while at the same time generating a regular flow of productive client leads.

To become a Member, you must be a front-office buy-side investment or wealth management professional based in Europe (including the UK, EU and EEA countries, and Switzerland) with discretionary investment authority or influence.

You agree that by registering on and becoming a Member of ETF Strategy Hub you are entering into a legally binding agreement with ETF Strategy Limited (“we”, ”us” and ”our”), a company registered in England and Wales under company number 07800778 with registered office at 8 Denmark Street, London WC2H 8LS.

If you do not want to become an ETF Strategy Hub Member, do not enter into this Agreement, do not register on the Site and do not try to access any ETF Strategy Hub webpage or Content. By registering as a Member, you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions.

We may change these Terms from time to time and your continued access to, or utilisation of, the Website (or any part of the Website) following such change shall be deemed to be your acceptance of such change. In the event of a material change, we will inform you by email or via a message on the Site so that you may access and review the changes prior to your continued use of the Site. If you do not agree to any change to the Terms then you must immediately stop using the Website.

The Website contains and displays Content, in the form of videos, webcasts, podcasts and white papers as well as associated contributor and company profiles, including general company contact details.

Eligibility

The Content of this Website is designed only for use by Professional Investors with discretionary investment authority or influence. If you are not a professional person working in investment management or in an investment research or investment support role, you must not register or gain access to the Website and its Content.

The Content of this Website is similarly designed only for use by Professional Investors who are based in Europe, including the United Kingdom, the Channel Islands, European Union and European Economic Area countries, and Switzerland. If you are not based and authorised to practise in Europe, you must not register or try to gain access to the Website and its Content.

The term Professional Investor includes those working for or on behalf of asset owners, institutional asset managers, hedge funds, discretionary fund managers, multi-managers, funds-of-funds, investment consultancies, family offices, private banks, wealth managers, private client stockbrokers and IFA groups.

You agree to use the Website solely in your capacity as a Professional Investor and only in connection with your professional business activities as represented to us in the registration form and solely for the purposes referred to in these Terms.

You represent and warrant that you are 18 years of age or older and are fully able and competent to enter into, and abide by, this Agreement.

Registration

Your registration as a Member of ETF Strategy Hub, if approved, allows you to access Content on the Website.

You must use your real name when completing your registration and in your account profile. You agree not to access the Website under false identity, pseudonym or under false pretext.

When you register to use the Site, you warrant to us that the registration and user information you provide is accurate, complete, current, and in no way misleading. You agree to maintain and promptly update your user profile to keep it true, accurate, current and complete.

You agree to keep your password secure and confidential, not to allow others to use your account, and not to use the accounts of another Member. You will be responsible for any use made of your account or password until you close down your account or prove that your account security was compromised due to no fault of your own. We will not be liable for losses caused by any unauthorized use of your account. If you suspect a breach of security or unauthorized use of your account, you must change your password and contact us immediately.

You promise to terminate your membership of the Site and not access the website or its Content, should you cease to be a Professional Investor and/or are no longer based and/or eligible to practise in Europe.

No Investment Recommendations or Professional Advice

The Website exists solely as a platform connecting professional investors with research-led thought-leadership content and product insight produced by our Partners, either independently or in collaboration with us, for informational purposes only.

ETF Strategy Limited is not a provider of investment research, financial advice or broker/dealer services. We are not regulated by the UK Financial Conduct Authority or any other regulatory body.

The Website should be used for informational purposes only and its Content does not constitute investment advice. You should not rely on Content accessed on this Website to make investment decisions. If you make investment decisions or other decisions in reliance on information you receive in connection with the Website, you do so at your own risk and ETF Strategy Limited, its employees, directors or Partners will not be liable for any losses that you may sustain.

When viewing Content on the Website, you must read any compliance disclaimers and risk warnings that are incorporated into the Content.

We do not accept responsibility for our Partners’ Content, including any omission or inaccuracy. In operating the Website we are not engaged in offering, selecting, approving or recommending products or services represented or referred to therein and ETF Strategy Limited, its employees, directors or Partners will not be liable if products or services purchased are not suitable for your or your clients’ needs.

As a Professional Investor, you are responsible for determining whether any investment, security, strategy, product or service is appropriate or suitable based on your or your clients’ objectives and circumstances. Not all products or services offered are suitable for everyone and capital is always at risk. If you are not suitably experienced or qualified to assess the suitability of an investment, fund, product or service, you should seek advice from a suitably qualified professional advisor.

To the maximum extent permitted by law, ETF Strategy Limited disclaims any and all liability in the event that any information, analysis, opinions, advice or recommendations on the Site are inaccurate, incomplete or unreliable or result in loss (including investment losses). Nothing on the Site should be construed as an offer to sell, an offer to buy, or a recommendation for any fund, security or investment by us or by any third party.

You acknowledge that Content on the Site does not represent investment advice and you agree to waive any such claim you may have against any Partner who publishes Content on the Site.

Securities Disclaimer

You understand that no Content published on the Site constitutes a recommendation that any particular fund, security, portfolio of securities, transaction or investment strategy is suitable for any specific investor.

You understand that an investment in any fund, security, derivative, commodity, currency or contract is subject to a number of risks and that discussion of any security, derivative, commodity, currency or contract published on the Site will not contain a list or description of relevant risk factors. Some investments discussed on the Site may have a low market capitalization, insufficient public float, inadequate secondary market liquidity, complicated credit risks or complex payoff profiles. Such investments are subject to more risk than investments in larger or more liquid investments, including greater volatility, lower liquidity and the lack of publicly available information. Members should always take appropriate professional advice, including advice regarding the suitability of such investments for their or their clients’ circumstances, prior to any participation in such investments and prior to participation in any such discussion.

You understand and agree that our Partners may have commercial interests in the funds and securities they write and talk about.

Responsibility of the Member to act Legally

The Website is available to users from a number of different jurisdictions. You agree not to violate any local, state, national or international law, regulation or order of any court, including but not limited to regulations of the UK Financial Conduct Authority, the European Securities and Markets Authority, the Federal Financial Supervisory Authority (BaFin), the Autorité des Marchés Financiers (AMF), the Commissione Nazionale per le Società e la Borsa (Consob) or the Swiss Financial Market Supervisory Authority (FINMA), or the rules of any securities exchange, including without limitation, the London Stock Exchange, Euronext, Deutsche Börse, Borsa Italiana, or SIX Swiss Exchange.

Disclosure of Your Information

When you view Content published on ETF Strategy Hub, we will use the lawful basis of ‘legitimate interests’ to pass on your details, which may include name, company, job title, telephone number, company email address and details of the Content you have viewed, to the Partner or Partners involved in the production and creation of the Content. They may contact you directly and their use of your data will be governed by their privacy policy. If you do not want your details to be passed on to our Partners, you must not use the Site or access any of the Content published on it. If you do not wish to accept this term, please do not register to become a Member.  If you are already a Member but decide that you no longer wish for your information to be passed on to our Partners, you must immediately cease using the Site and refrain from accessing any Content. In this instance, you are advised to terminate your membership forthwith.

Disclaimer of Warranties

The following clauses exclude or limit our legal liability in relation to the Website and Content. You should read them carefully. These limitations on our liability apply only as far as the law permits. Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation on our part, or for any matter for which it would be illegal for us to limit or exclude, or attempt to limit or exclude, our liability.

The website, and any content herein, is provided on an “as is” and “as available” basis and without representations or warranties of any kind, either express or implied. To the fullest extent permitted by applicable law. We disclaim all warranties, express, implied or statutory, including, but not limited to, warranties of title and non-infringement, implied warranties of merchantability and fitness for a particular purpose, and all warranties relating to the adequacy, accuracy or completeness of any information on our site.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

We do not warrant that your use of the Site will be uninterrupted, error-free or secure, or that the Site, its Content or the server(s) on which the site is hosted are free of viruses or other harmful components. We neither warrant nor represent that your use of the service will not infringe the rights of third parties.

You assume total responsibility and risk for your use of the website and your reliance thereon. No opinion, advice, or statement from us, our directors, employees or Partners whether made on the Site or otherwise, shall create any warranty.

We do not control or vet Content for accuracy. We are not responsible for reviewing or approving any Content or messages sent through the site. Responsibility for such Content lies exclusively with the person posting it and our Site shall act merely act as a conduit for such Content. Furthermore, we are not responsible, and make no representations or warranties for the delivery of any messages or Content sent through the website. We do not guarantee that your information will not be intercepted or decrypted by others. We shall not be liable for any loss or damage suffered as a result of such interception or decryption unless we are in breach of our statutory duties in relation to the protection of your information.

Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control.

Limitation of Liability

Neither We nor our directors, employees or Partners are liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of these damages), relating in any way to the Site or Content. Your sole remedy for dissatisfaction with the Site is to stop using it.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

Whilst every effort has been made to ensure that this Agreement adheres strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from this Agreement and shall not affect the validity and enforceability of the remaining Agreement. The particular term shall apply only within jurisdictions where the particular term is legal or enforceable.

Indemnity

As a condition of your use of the Site, you agree to indemnify, defend and hold us, our directors, employees, agents and Partners harmless from any and all claims, liability, damages, costs and expenses, including reasonable legal costs and expenses, arising out of or caused by your use of the Site. This defence and indemnification obligation will survive this Agreement and your use of the Site.

General

Regardless of your country of origin or where you access the Website, the Terms shall be governed by and interpreted in accordance with English Law. You and we both agree that disputes arising in connection with the Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales. Notwithstanding the above, you agree that we shall still be entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

If any provision of this Agreement is found by any court or competent authority to be invalid, unlawful or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision. If a court or competent authority finds the modified provision invalid, unlawful or unenforceable, the unenforceable term, condition or provision will to that extent be severed. The remaining terms, conditions and provisions will continue to be valid and enforceable to the fullest extent permitted by law.

As of 10th December 2021.