Terms of Use

The following terms and conditions ("Terms of Use"), together with any applicable Additional Terms (as defined below), govern the relationship between you ("You", "User", and/or "Registered User", as applicable and as further defined below), VettaFi LLC and its affiliates (collectively, "VettaFi" or "we") in the use of any of our websites, including vettafi.com, etftrends.com, advisorperspectives.com, etfdb.com, exchangeetf.com and any other website or online products or services which link to these Terms of Use (or any successor websites to the foregoing) (collectively, the "Websites").

ARBITRATION AND CLASS ACTION WAIVER NOTICE: IF YOU RESIDE IN THE UNITED STATES, YOU AGREE THAT DISPUTES BETWEEN YOU AND VETTAFI CONCERNING YOUR ACCESS AND USE OF THE WEBSITES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. FOR MORE INFORMATION ON THIS PROCESS, AND HOW YOU CAN OPT-OUT, SEE SECTION 26 BELOW.

General
1. VettaFi may, at its sole and absolute discretion, update these Terms of Use (including adding, removing or amending any Additional Terms) from time to time, subject only to such notice as may be required by law. Any and all such updates are effective immediately upon posting and apply to all access to and continued use of the Websites. You agree to periodically review the Terms of Use in order to be aware of any such modifications and Your continued use of the Website shall be deemed Your conclusive acceptance of the updated Terms of Use.
Definitions
In these Terms of Use:
1. “Additional Terms” means additional supplemental terms applicable to products or services available through the Websites. Where Additional Terms are applicable to You, references to “Terms of Use” herein shall be deemed to include these Terms of Use as supplemented by such Additional Terms unless the context demands otherwise.
2. "Content" means the contents, features, and functionality of the Websites, including but not limited to all Information (defined below), data, software, interactive features, tools, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, as may exist from time to time. For clarity, Content, when used herein, does not include Your User Content but does include User Content supplied by or on behalf of other users. References to the Websites shall be deemed to include the Content therein unless the context requires otherwise.
3. "Information" means all information and other data accessible or provided by VettaFi or the Service Providers (defined below) via the Website, including but not limited to market information, quotes, company information, charting, news, options, dividends, financial information and research data.
4. "Service Providers" includes, but is not limited to, any licensors, suppliers, information providers, or other third parties that provide, from time to time, any data, information, Content, tool, feature, or service for the Websites.
5. "User" refers to any person who accesses or uses the Websites.
6. "Registered User" refers to a User who has signed up or otherwise created an account on a Website to use certain features or services.
7. "User Content" means all data, information, content, material, opinions, text, graphics, logos, photographs, video, and audio, submitted, shared, posted, or uploaded to the Websites by a User.
Eligibility
The Websites are offered and available to individuals who are 18 years of age or the age of consent in the state of Your residence. If You do not meet all of these requirements, You may not access the Websites.
User Rights Granted and User Restrictions on Use
1. VettaFi grants You a limited non-exclusive, non-transferable license to view and print the material on the Websites for Your non-commercial or personal use only. All copies that You make must retain all copyright and other notices that are on the Websites.
2. Except as provided herein, You may not use, distribute, sell, modify, transmit, revise, reverse engineer, republish, post or create derivative works (where applicable) of the trade-marks, trade names, logos, design, layout, information, data, market data (including quotes), software, applications, interactive features, tools, services or other material or Content on or made available through the Websites without VettaFi's prior written permission. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, decompile, reverse engineer, disassemble, publicly display, publicly perform, republish, download, store, or transmit any of the Content on the Websites, in any form or medium whatsoever except: (a) Your computer and browser may temporarily store or cache copies of materials being accessed and viewed; and (b) a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever.
3. As between You and VettaFi, You acknowledge and agree that the Websites and their Content are the property of VettaFi, its affiliates or, as applicable, its Service Providers and You will not acquire any rights or licenses in any trade-marks, patents, copyright, or other intellectual property on the Websites or in its Content. The Websites and their Content are protected by copyright, both individually and as a collective work or compilation, and by trade-mark law, patent law, and any other applicable laws. You may not remove any confidentiality, privacy, patent, copyright, trademark, or other proprietary notices from any of the Content.
Market Information
1. All market information and other data, including but not limited to quotes, company information, charting, news, options and research data are provided by VettaFi or its Service Providers for informational purposes only, and are not intended for trading purposes. Neither VettaFi nor any of its Service Providers guarantee the sequence, accuracy, or completeness of any market information or other data, and shall not be liable or responsible in any way for any delays, inaccuracies, or errors in any market information or other data or in the transmission of any market information or other data. ALL SUCH DATA IS PROVIDED “AS IS”. You agree not to rely upon the market information or other data for any trading, business or financial purpose. Neither VettaFi nor its Service Providers, or any of their respective affiliates, directors, officers, agents and representatives shall under any circumstances be liable or responsible in any way for any damages, losses or costs arising from reliance on this information or incurred as a result of the non-performance, interruption or termination for any reason whatsoever of the market information or other data.
2. "If, As & When Issued Securities" (sometimes marked as "When Issued" or "WI") are not listed securities and have not been issued. Special settlement terms apply. If closing does not occur, these trades will be unwound.
3. Market information is generally delayed 15 minutes or more. Please refer to the associated time stamp on each market data chart or table to obtain the age of the data. Before purchasing or selling securities or other investments You should always consult with a qualified broker or other qualified financial advisor to verify pricing information.
4. Please note any additional disclaimers, terms and restrictions of use displayed on individual pages of the Websites, including Service Provider attributions and terms of use noted on any market information page of the Websites. Your use of these pages is subject to, and You are responsible for, complying with these supplemental terms
Authority to Use the Website
By using the Websites, You, as a User or Registered User, as applicable, are representing to us that You have the power, capacity, and authority to accept these Terms of Use, that You are capable of assuming, and do assume, any risks related to the use of the Websites and their Content, and that You understand and accept the terms, conditions and risks specified below relating to their use. If You are dissatisfied with the Websites or their Content, Your sole and exclusive remedy is to stop using them.
Disclaimer of Liability for Website Content
Neither VettaFi, its Service Providers nor any of their respective affiliates, officers, directors, employees, agents or licensors endorses, sponsors or recommends any companies or businesses (including but not limited to investment advisors/firms), or securities issued by any companies identified on, or linked through, the Websites. Please seek professional advice to evaluate specific securities or other Content on this site. All Content (including any links to third party sites) is provided for informational purposes only (and not for trading purposes), and is not intended to provide legal, accounting, tax, investment, financial or other advice and should not be relied upon for such advice. VettaFi does not provide investment advice; therefore, any investment decision that You make, or investment strategy that You use, is done at Your sole discretion and at Your own risk. The availability of the Websites and the Content does not constitute an offer, invitation, solicitation, advertisement, referral, or recommendation to buy, sell, or trade any securities or other products listed or traded on, or processed on any marketplace or electronic platform. VettaFi does not sponsor, endorse, or recommend any investment strategies, securities or other products referenced in the Websites or the advisability of investing in securities generally for any particular individual. It is Your sole responsibility to determine the suitability of any project, strategy, financing or other investment opportunity for Your own investment objectives. Any investment decision and/or strategy that You make or use, whether or not such decision or strategy derives from or relies upon the Content, User Content, or other data accessible or provided via the Websites, is done so at Your sole discretion and risk. VettaFi strongly recommends that You seek independent expert advice on all aspects of potential transactions, financings or investments relating to the Content. Please note any additional disclaimers, terms and restrictions of use displayed on individual pages of the Websites, including the Service Provider attributions and terms of use on the Websites, as Your use of certain features of these pages are subject to, and You are responsible for complying with, these supplemental terms.

VettaFi, its Service Providers, and each of their respective affiliates, directors, officers, agents and representatives assume no liability for any inaccurate, delayed or incomplete Content, nor for any actions or omissions in reliance thereon.

VettaFi has not prepared, reviewed or updated the Content of Service Providers or other third parties on the Websites, or the content of any third party sites, and assume no responsibility for Your use of, or reliance on, such information. The views, opinions and advice of any third party provided on the Websites reflect those of the individual authors and are not endorsed by us. Past performance is not necessarily indicative of future performance.

Prior to making any investment decision, it is recommended that You consult directly with the individual or firm and seek advice from a qualified investment advisor. Neither VettaFi, its Service Providers nor any of their respective affiliates, officers, directors, employees, agents or licensors make or have made any recommendations regarding the securities or investment services of any person or entity with respect to the Content of the Websites, or of the advisability of investing in securities generally for any particular individual.

Nothing contained on the Websites should be used or construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security. Nor is it intended as investment, tax, financial or legal advice. Investors should seek such professional advice for their particular situation.

The Websites are published in the United States for residents of the United States. Investors outside of the United States are subject to securities and tax regulations within their applicable jurisdictions that are not addressed on the Websites. Nothing on the Websites should be considered a solicitation to buy or an offer to sell shares of any investment in any jurisdiction where the offer or solicitation would be unlawful under the securities laws of such jurisdiction. U.S. investors are advised that not all investments described on the Websites are available for sale in all states.

Performance information presented on this web site is historical, and is not indicative of future results. Investment returns and principal may vary, and at the time of sale, Your investment may be worth more or less than its original cost. It is possible to lose money by investing in these funds. These investments are not deposits or obligations of or guaranteed or endorsed by, any bank, and are not federally insured or guaranteed by the U.S. government, the FDIC, the Federal Reserve Board or any other agency. Exchange-Traded funds frequently trade at a discount to their net asset value.

Municipal investments offer income free from federal income tax. Distributions may be subject to state and local taxes and to the alternative minimum tax. Capital gains will be subject to capital gains taxes.

Some featured products invest in international securities, which can involve different risks than U.S. investments. These risks include political or economic instability, difficulty in predicting international trade patterns, lack of publicly available information about foreign companies, changes in foreign currency exchange rates and the possibility of adverse changes in investment or exchange control regulations.

Some of the investments and services on this site may not be available in or appropriate for a retirement savings plan. Please contact Your financial advisor about any investment restrictions associated with Your particular plan.

You should contact a fund sponsor with specific questions about that sponsor’s funds.

ALTHOUGH THE CONTENT HAS BEEN OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE, THE WEBSITES AND THE CONTENT COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS AND THEY ARE PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. VETTAFI, ITS SERVICE PROVIDERS AND THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, AGENTS AND REPRESENTATIVES MAKE NO REPRESENTATION AND DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. VETTAFI, ITS SERVICE PROVIDERS AND THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, AGENTS AND REPRESENTATIVES ASSUME NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS. THIS SECTION 7 SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
VETTAFI, ITS SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, AGENTS, AND REPRESENTATIVES SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL, PUNITIVE, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DAMAGES, LOSSES, OR EXPENSES INCURRED BY YOU IN CONNECTION WITH OR RELATED TO: (A) YOUR USE OF THE WEBSITES, OR YOUR INABILITY TO USE THE WEBSITES; (B) ANY ERRORS OR OMISSIONS IN THE WEBSITES; (C) ANY INACCURATE, INCOMPLETE, ERRONEOUS, OR DELAYED CONTENT, USER CONTENT, INFORMATION OR OTHER MATERIALS ACCESSIBLE VIA THE WEBSITES; (D) ANY ACT OR OMISSION OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY SERVICE PROVIDER OR USER; (E) ANY SERVICE PROVIDER, USER, OR OTHER THIRD PARTY WEBSITES OR CONTENT THEREIN, DIRECTLY, OR INDIRECTLY ACCESSED THROUGH LINKS CONTAINED ON THE WEBSITES; (F) LOSS OF REVENUE, REPUTATION, OPPORTUNITY, OR PROFIT; (G) ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM YOUR USE OF THE WEBSITES; (H) DELAYS, INTERRUPTION, DISCONTINUANCE, OR UNAVAILABILITY OF THE WEBSITES OR ANY PORTION THEREOF; (I) ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE CONTENT, INFORMATION, AND OTHER MATERIALS ACCESSIBLE OR PROVIDED VIA THE WEBSITES; OR (J) ANY OTHER LIABILITY OR CLAIM WHATSOEVER ARISING OUT OF THESE TERMS OF USE OR FROM ANY USE OF OR YOUR INABILITY TO USE THE WEBSITES HOWSOEVER CAUSED, EVEN IF ANY OF THEM HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BROUGHT UNDER STATUTE, IN CONTRACT, TORT, OR STRICT LIABILITY, OR FOR NEGLIGENCE, BREACH OF A FUNDAMENTAL TERM, OR FUNDAMENTAL BREACH, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
Indemnity
YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH YOUR USE OF THE WEBSITES AND/OR THE CONTENT, YOUR USER CONTENT, INFORMATION OR OTHER MATERIALS ACCESSIBLE OR PROVIDED VIA THE WEBSITES, AND YOU RELEASE AND AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS VETTAFI, ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, SUITS, PROCEEDINGS, LOSSES, DAMAGES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, EXPERT FEES, AND OTHER REASONABLE COSTS OF LITIGATION ARISING FROM OR RELATING TO (I) YOUR USE OF THE WEBSITES AND/OR THE CONTENT, YOUR USER CONTENT INFORMATION OR OTHER MATERIALS ACCESSIBLE OR PROVIDED VIA THE WEBSITES, (II) YOUR BREACH OF THESE TERMS OF USE OR ANY UNAUTHORIZED OR UNLAWFUL USE OF THE WEBSITES, OR (III) ANY CLAIM THAT ANY USE OF THE WEBSITES BY YOU, INCLUDING, WITHOUT LIMITATION, THE SUBMISSION, SHARING, POSTING, OR UPLOADING OF YOUR USER CONTENT, INFRINGES ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, OR ANY RIGHT OF PUBLICITY OR PRIVACY, IS LIBELOUS OR DEFAMATORY, OR OTHERWISE RESULTS IN INJURY OR DAMAGE TO ANY THIRD PARTY. A party entitled to indemnification under these Terms of Use will provide You with notice of any such claim or allegation and have the right to participate in the defense of any such claim including consenting to any settlement. Such indemnified party’s cooperation in such defense is made without waiver of any attorney-client, work-product, or other legal privileges
Advertising and Third Party Websites
1. VettaFi may accept advertising from third parties and receive a fee from their advertising on the Websites. No endorsement by VettaFi or its Service Providers is intended or implied by the presence of such advertising.
2. For Your convenience, the Websites may provide links or pointers to third party sites. VettaFi makes no representations about any other website that may be accessed from the Websites, and the inclusion of such links does not imply that VettaFi endorses the content or use of such website. If You choose to access any such sites, You do so at Your own risk. VettaFi has no control over the contents of any such third party sites, and accepts no responsibility for such sites or for any loss or damage that may arise from Your use of them. VettaFi is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. You are subject to any terms and conditions and privacy policies of such third party sites.
3. Links to third party sites from the Websites may include links to certain social media features that enable You to link or transmit on Your own or using certain third party websites certain limited Content from the Websites. You may only use these features when they are provided by VettaFi and solely with respect to the Content identified. Such features and links to third party sites are subject to any additional terms and conditions VettaFi provides with respect to such features or by such third party site.
4. Except as expressly authorized in writing by VettaFi, You must not,
  1. establish a link from any website that is not owned by You;
  2. cause the Websites or portions of them to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
  3. link to any part of the Websites other than the homepage;
  4. link to any part of the Websites where such link’s appearance, position and other aspects of the link may be such as to damage or dilute the goodwill associated with VettaFi’s name and trademarks or give the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by VettaFi.
Sponsored Content
Certain Content may be provided by sponsors, as identified in that Content through the inclusion of such sponsor’s name, logo, or other means of identification, and is provided for informational purposes only. Any such sponsored Content is not endorsed by VettaFi and VettaFi is not responsible for, and assumes no liability for, any errors or omissions in the content provided or any actions taken in reliance thereon.
Non-Confidential Use of Your Postings
Any non-personal User Content You submit, post or transmit to VettaFi is, and will be treated as, non-confidential and non-proprietary to You. By transmitting or posting any of Your User Content, You grant to VettaFi an unrestricted, non-exclusive sub-licensable, royalty-free, world-wide, perpetual, irrevocable license to use, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, reproduce, display, modify, adapt transmit, distribute, publish, broadcast or post Your User Content for any purpose and in any form or media now known or hereinafter developed, including any of Your User Content posted on or to the Websites through a third party. You also agree that VettaFi is free to use any ideas, concepts, know-how or techniques included in such User Content for any purpose. You waive any moral rights or other rights of authorship as a condition of submitting or posting any User Content. However, we will not release Your name, personally identifiable information, or otherwise publicize the fact that You submitted materials or other information to us unless: (a) You grant us permission to do so; (b) we first notify You that the materials or other information You submit to a particular part of a Websites will be published or otherwise used with Your name on it; or (c) we are required to do so by law.
Protecting Information
1. We have reasonable security measures in place to protect against the loss, misuse and interception by third parties of the information under our control. However, complete confidentiality and security is not possible over the Internet. We assume no liability for any damages You may suffer as a result of loss, interception, alteration or misuse of information You provide us or any information transmitted over the Internet. Please see our Privacy Policy for further details.
2. You are solely responsible to ensure that You maintain the confidentiality of Your username and password. You will be solely responsible for all use (and misuse) of Your account. All activities that occur in Your account will be deemed to have been authorized by You. You will immediately notify VettaFi if You become aware of any unauthorized use of Your account. We will not be liable for any damages, losses, or expenses incurred by You in connection with any unauthorized use of Your account.
Privacy
To learn more about how VettaFi collects and uses Your personal information, please see the VettaFi Privacy Policy.
Changes to Terms of Use
VettaFi reserves the right to revise these Terms of Use at any time without notice to You. You are bound by such revisions so we encourage You to visit this page frequently to stay informed.
Website Modification
VettaFi may change the Websites, including eliminating or discontinuing any Website or Content on or made available through the Websites, at any time and in its sole discretion, without liability to You or any third party.
Access
The Websites, or any part thereof, may be unavailable in whole or in part from time to time or may be permanently discontinued at any time. Further, VettaFi may implement updates to, perform maintenance on, or make other changes to the Websites at any time. We will not be liable for any damages arising from any interruption, delay, discontinuance, unavailability, or termination of the Websites.
Violations of Terms of Use
1. VettaFi reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including without limitation, the right, without provision of notice to:
  1. Remove or refuse to post on the Websites any User Content for any or no reason in our sole discretion; and,
  2. Take appropriate legal action, including without limitation, referral to law enforcement, regulatory authority or harmed party for any illegal or unauthorized use of the Websites. Without limiting the foregoing, VettaFi has the right fully to cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Websites; and,
  3. Terminate or suspend Your access to all or part of the Websites for any or no reason, including without limitation, any violation, or suspected violation, of these Terms of Use.
Other Countries
The Websites can be accessed from countries around the world other than the United States and may contain references to VettaFi or third party products, services, and programs that have not been or will not be made available in Your country. These references do not imply that VettaFi or any third party intends to make available such products, services or programs in Your country. VettaFi makes no representation that the Content on the Websites is appropriate or available for use in other locations, and accessing the Websites from territories where its Content is illegal is prohibited. Those who choose to access the Websites from other locations do so on their own initiative and their own risk and are responsible for compliance with local laws.
Laws
These Terms of Use shall be deemed to have been made in the United States in the State of New York and shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the State of New York, without reference to principles of conflicts of laws thereof. PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF NEW YORK OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF NEW YORK FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS
Trademarks
You are not permitted to use any of the trademarks displayed or referenced on the Websites without the prior written consent of VettaFi or the third party that owns the trademark.

The following are trademarks of VettaFi LLC: VETTAFI; ALERIAN; ALERIAN MLP INFRASTRUCTURE INDEX; ALERIAN & DESIGN; S-NETWORK; ALERIAN Design; ALERIAN MLP INDEX; DIVIDEND DOGS; ETFLogic; EQM Indexes; LOGICLY; LOGICLY POWERED BY ETFLOGIC; and ALERIAN & Design.

TMX is a trademark of TSX Inc. and used under a sublicense.
General
1. These Terms of Use and any applicable Additional Terms constitute the entire agreement between You and VettaFi with respect to the subject matter hereof and supersedes all prior agreements, representations, proposals, discussions and understandings, oral or written in respect of Your use of the Websites.
2. By using the Websites, You consent to receive notices, messages and other communications from VettaFi electronically, including by e-mail. VettaFi may also communicate with You by posting messages or notices on the Websites. You agree that all agreements, notices, messages, and other communications that VettaFi provides to You electronically or on the website satisfy any legal requirement that such communications be in writing. Notices to VettaFi should be made to contact@etfdb.com. Notices to You will be made to the e-mail address that You provided as part of Your user profile if You are a Registered User. You agree to keep Your contact information up to date.
3. These Terms of Use will be binding upon and enure to the benefit of each party and their respective successors and permitted assigns. VettaFi may assign these Terms of Use, in whole or in part, in its sole discretion. You may not assign Your rights under these Terms of Use without VettaFi' prior written permission. Any attempt by You to assign Your rights under these Terms of Use without VettaFi's permission shall be void.
4. The failure of any party at any time to require performance of any provision will not affect the right to require performance at any other time, nor will the waiver by any party of a breach of any provision be a waiver of any succeeding breach or a waiver of the provision itself.
5. If any provision of these Terms of Use is declared illegal, void or unenforceable for any reason, that provision will be severed from these Terms of Use and the remaining provisions will continue in full force and effect.
6. If You become aware of any misuse of the Websites, or if You have any questions about the Websites, our use of personal information, or about these Terms of Use, please contact us at contact@etfdb.com.
Additional Terms
Certain products and services made available through the Websites may have Additional Terms governing Your use of such products and services. Such Additional Terms are in addition to, and not in substitution of, these Terms of Use. In the event of any conflict between these Terms of Use and the Additional Terms, the Additional Terms shall govern solely to the extent of the conflict.
Registered User Conditions of Use
If You are a Registered User, You represent, warrant, and covenant to VettaFi as follows:
1. You have the power, capacity, and authority to accept and enter into these Terms of Use;
2. You will not use the Websites in any manner that violates: (i) any applicable federal, provincial, state, local, or international law or regulation including, without limitation, any laws relating to: the export of data or software; securities; patents; trademarks; trade secrets; copyrights; or other intellectual property laws; (ii) third party legal rights (including the rights of publicity and privacy of others); or (iii) these Terms of Use;
3. Except as permitted in these Terms of Service, You will not copy, use, disclose, publish, or distribute any Content obtained from the Websites, whether directly or through third parties without the prior written consent of VettaFi;
4. All information You provide on the Websites, including Your User Content and all information You provide in order to obtain a user, is correct, current and complete;
5. You will not use any other person’s login information and You will not to permit any person to use Your login information;
6. You will not disable or bypass, or attempt to disable or bypass, any of the security features of the Websites;
7. You will not impersonate or attempt to impersonate VettaFi, a VettaFi employee, another user, or any other person or company (including, without limitation, by using email addresses, or screen names associated with any of the foregoing);
8. You will not transmit, or procure the sending of, any advertisements or promotions, commercial activities or sales through the Websites, including without limitation any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
9. You will not engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Websites, or which, as determined by VettaFi, may harm VettaFi or users of the Websites or expose them to liability;
10. You will not engage in any activity or submit any User Content that causes annoyance, inconvenience, or needless anxiety or that would be likely to upset, embarrass, or alarm any other person; and
11. You will not promote any illegal activity, or advocate, promote, or assist any unlawful act.
User Content
If You submit, share, post, or upload User Content to the Websites, You acknowledge and agree:
1. User Content that You share or post may be viewed by other users of the Websites.
2. VettaFi is not obligated to publish any User Content on the Websites and VettaFi may remove any User Content in its sole discretion, with or without notice. c. You represent, warrant and covenant to VettaFi the following:
  1. You will not: (i) submit, file, upload or transmit any User Content that contains any virus or any other similar software that may damage or disrupt the operation of the Websites or another's computer or compromise the security of the Websites or cause the unauthorized disclosure of data to any person; (ii) interfere with or disrupt networks connected to the Websites; or (iii) use any device or software or attempt to interfere with the proper functioning of the Websites;
  2. You will not submit any User Content that includes or contains any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such prohibited ground or be otherwise objectionable;
  3. You will not submit any User Content that violates any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, securities, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;
  4. You will not submit any User Content that includes, provides or contributes any false, inaccurate or misleading information;
  5. You will not impersonate, or attempt to impersonate, a company, a company employee, another user, or any other person or entity (including, without limitation, by using an email address, or screen names associated with any of the foregoing); and
  6. You will not give the impression that any User Content originates from or is endorsed by VettaFi or any other person or entity, if this is not the case. vii. You represent, warrant and covenant to VettaFi that You own or have the necessary rights and approvals to submit the User Content and that You have the right to grant the license provided herein and that the that the User Content complies with applicable laws and the standards set out in these Terms of Use.
  7. You understand and agree that You are solely responsible for any User Content You submit or contribute, and that You are solely responsible and legally liable including to any third party for any User Content. VettaFi is not responsible or legally liable to any third party for the User Content or for the accuracy of any User Content submitted by You or any other user of the Websites.
Dispute Resolution‍
1. Disputes. The terms of this Section shall apply to all Disputes between You and VettaFi. For the purposes of this Section, “Dispute” shall mean any dispute, claim, controversy or action between You and VettaFi, including but not limited to disputes concerning this Terms of Use, Your use of the Websites, and/or privacy or publicity rights, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis. YOU AND VETTAFI AGREE THAT “DISPUTE” AS DEFINED IN THESETERMS & CONDITIONS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY VETTAFI FOR (1) TRADE SECRET MISAPPROPRIATION; (2) PATENT INFRINGEMENT; (3) COPYRIGHT INFRINGEMENT OR MISUSE; AND/OR (4) TRADEMARK INFRINGEMENT OR DILUTION.
2. Opt-Out. You may opt-out of these arbitration procedures and the waiver of class and representative proceedings by sending an e-mail to legal@tmx.com within thirty (30) calendar days of Your initial agreement to Terms of Use. In the event that You opt-out consistent with the procedures set forth above, all other terms of this Terms of Use shall continue to apply.
3. Binding Arbitration. You and VettaFi agree: (1) to arbitrate all Disputes between You and VettaFi; (2) this Terms of Use memorializes a transaction in interstate commerce; (3) the Federal Arbitration Act (9 U.S.C. § 1, et seq.) governs the interpretation and enforcement of this Section (notwithstanding the choice-of-law provision contained herein); and (4) this Section shall survive termination of this Terms of Use.
4. Dispute Notice. In the event of a Dispute, You or VettaFi must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to VettaFi must be addressed to legal@tmx.com (“VettaFi Notice Address”). The Dispute Notice to You will be sent by certified mail to the most recent address we have on file or otherwise in our records for You, or via email if we do not have any such address on file. Within 60 calendar days upon either party receiving the Dispute Notice, the parties shall engage in a good faith informal dispute resolution conference, whether by phone, e-mail, or other channel as agreed between the parties. You and VettaFi will work in good faith to schedule the informal conference at a mutually convenient time. If You are represented by counsel, Your counsel may participate in the informal dispute resolution conference, but You shall also fully participate in such discussions. The arbitrator may dismiss any arbitration brought without first proceeding through the informal dispute resolution conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
5. Mediation. In the event the parties cannot resolve the Dispute via the informal dispute resolution conference, the Dispute must first be submitted to non-binding mediation before a neutral third party before it may proceed to arbitration. Selecting the mediator, the appropriate terms for mediation (including costs), and a date for mediation shall be negotiated in good faith between the parties. The administrative fees associated with mediation shall be negotiated between the parties, but You will not be required to pay any such fees that exceed those fees You would be required to pay if proceeding in a court of law. Such fees also will not include attorneys’ fees and costs, if any, unless awarded during mediation. If the parties cannot agree to appropriate terms concerning mediation, the parties shall be entitled to proceed with an arbitration proceeding pursuant to this Section. The arbitrator may dismiss any arbitration brought without firstproceeding through the informal dispute resolution conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
6. Small Claims Court. Notwithstanding the foregoing, You may bring an individual action in the small claims court of Your state, municipality, province or territory if the action is within that court’s jurisdiction and is pending only in that court.
7. CLASS ACTION WAIVER. YOU AGREE THAT YOU MAY BRING DISPUTES AGAINST VETTAFI IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS.
8. Arbitration Procedure. If a party elects to commence arbitration, the arbitration shall be administered by the American Arbitration Association (“AAA”) and be governed by the AAA Commercial Arbitration Rules and Mediation Procedures (“AAA Commercial Rules”), and other applicable rules, including the AAA Consumer Arbitration Rules (“AAA Consumer Rules”), as modified by this Terms of Use. The AAA Commercial Rules and AAA Consumer Rules are available at adr.org. If there is a conflict between the AAA Commercial Rules and AAA Consumer Rules and the rules set forth in this Terms of Use, the rules set forth in this Terms of Use shall govern. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of this Terms of Use. The arbitrator, and not any federal, state, provincial, territorial or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Terms of Use, including, but not limited to, any claim that all or any part of this Terms of Use is void of voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
9. Hearing Format. Unless otherwise agreed, the arbitration shall take place in the State of New York, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses). In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, in any, is based. During the arbitration, the amount of any settlement offer made by VettaFi or You shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which You or VettaFi is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.
10. Arbitration Fees. The arbitration fees are governed by AAA’s current rules shall govern. You agree that if You initiate the arbitration, You will pay Your filing fee. You shall not be required to pay a filing fee that exceeds any amounts You would otherwise be required to pay by applicable law when filing a claim in a court of relevant jurisdiction. You are responsible for all additional costs that You incur in the arbitration, including without limitation, fees for attorneys or expert witnesses.
11. Arbitrator’s Authority. All issues of arbitrability shall be reserved to the arbitrator. The arbitrator may award relief, including but not limited to monetary, declaratory, injunctive or other equitable relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief. The decision of the arbitrator shall be in writing and shall briefly set forth the essential findings of fact and legal analysis. A judgment to enforce the award may be entered by a court of competent jurisdiction, however, any award that has been satisfied may not be filed or entered into court.
12. Binding Authority / Confidentiality. The parties agree that that they are each waiving their right to a trial by jury to the maximum extent permitted by law, and that the arbitrator’s award shall be final and binding unless the parties otherwise agree in writing. All arbitration proceedings will be confidential and closed to the public and any parties other than You and VettaFi.
CALIFORNIA CONSUMER NOTICE
California users are entitled to the following consumer rights notice: The Services are provided by VettaFi. If You have a question or complaint regarding the Services, please contact us by writing to contact@etfdb.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

Additional Terms -- Exchange

If You are a registered attendee or participant in the Exchange conference (the “Event”), You agree to these Additional Terms governing Your attendance or participation at the Event. If You are completing a registration on behalf of another individual, You warrant that You have made the attendee or participant aware of these Additional Terms and that he or she has accepted these Additional Terms.

Cancellation/Refund Policy

Our cancellation and refund policy is as follows: if You cancel on or before January 31, 2026, You will receive a full refund minus a 5% administration fee. After February 1, 2026, tickets are non-refundable.

Changes

We all know things can change at a moment’s notice. We reserve the right to change any and all aspects of the Event, including but not limited to, themes, content, program, speakers, moderators, venue and times. This does not entitle You to a refund inside of 30 days.

Force Majeure

Force majeure means “act of God.” The “force majeure” clause means, if there is a natural disaster (fire, flood, hurricane, war, pandemic, etc.), and we have to cancel the event, we will refund Your registration fee, but we aren’t liable for Your other costs (travel, etc.).

Media & Content

Cameras are everywhere today. By attending the conference, You grant us the right to record, film, photograph and/or capture Your likeness. We reserve the right to distribute, broadcast, use or otherwise share those images, without any approval from or any payment to You.

Limited Liability & Indemnity

To the fullest extent permitted by the applicable law, we exclude: (a) all liability for loss, injury or damage to persons or property at the Event; (b) all indemnities, warranties, representations (whether express or implied); and (c) any actual or alleged indirect loss or consequential loss, any loss of profits, anticipated profits, savings, loss of business revenue, loss of business, loss of opportunity, loss of goodwill, or any other type of economic loss, suffered by You howsoever arising. If we are liable to You for any reason, our total liability to You in relation to the Event (whether under these Additional Terms or otherwise) is limited to the amount of Your fees received by us. You shall indemnify, defend and hold harmless us, our affiliates, and our respective officers, directors, employees, contractors and agents from and against any losses, liability, costs, damages, expenses (including, without limitation, reasonable legal fees and court costs) arising out of or in connection with Your attendance or participation in the Event relating to (a) any negligent act or omission or wilful misconduct, or (b) any death or personal injury or loss of or damage to any tangible property of any person.

Code of Conduct

The Event is an inclusive community designed to be a catalyst for future growth and innovation in both the ETF and overall finance community. Built to be a platform and focal point for the exchanging of ideas, engaging conversations and shared learning experiences, it is vital all feel safe and welcome.

We will not tolerate any behavior that is abusive of others, inappropriate, illegal or is disruptive to the larger goal.

We define “inappropriate behavior” as that which undermines the spirit and goals of exchange, including any form of written, verbal or physical abuse or threats, the use of derogatory or discriminatory language, gestures or actions, any form of harassment, racism, sexism or any other targeted comments that may violate any local, state or federal laws or cause personal offense to another attendee before, during or after exchange concludes. This policy extends through the use of the exchange app and social media channels.

We may, in our discretion, take action to address any individual(s) or group(s) it believes fail to meet the standards set forth in this code of conduct, including, without limitation, revoking the violating parties’ credentials without refund.
We expect all attendees of our events to follow public health guidelines related to safety, hygiene and covid-19, including, without limitation, social distancing, hand washing, staying home if You are sick and other disease prevention measures.

Please contact Exchange@tmx.com if You believe You’ve observed or experienced a violation of this code of conduct. Notifying us does not constitute or replace a notification to local law enforcement where applicable.

All suspected violations of the law should be reported to local law enforcement.

Attendees are required to wear their badges at all times. Our security guards will deny You entry if You don’t have Your badge. No exceptions.