Vident Financial

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Terms of Use for Vident Website

Please read these terms of use (the "Terms of Use") carefully.

By accessing this website located at www.videntfinancial.com, www.videntfinancialsolutions.com and/or other domains (collectively, the "Vident Website" or this "Website") owned, operated and/or controlled by Vident Financial, LLC (a Delaware limited liability company with its principal place of business located at 300 Colonial Center Parkway, Suite 330, Roswell, GA 30076, United States of America), its parents, its subsidiaries and/or its affiliates (collectively, "Vident"), you ("You" or "User") are indicating that You have read, acknowledged and agreed to be bound by these Terms of Use. If You do not agree to these Terms of Use, do not access this Website. Vident reserves the right to change these Terms of Use at any time for any reason. You are responsible for regularly reviewing these Terms of Use. Your continued use of this Website constitutes your agreement to all such Terms of Use.

Your use of this Website may be monitored by Vident, and the resultant information may be used by Vident for its internal business purposes or in accordance with the rules of any applicable regulatory organization.


Information Made Available Through Vident Website

Certain sections of or pages on this Website may contain separate terms and conditions, which are in addition to these Terms of Use. You should read those additional terms and conditions carefully. By accessing such sections or pages, You agree to be bound by those additional terms and conditions. In the event of a conflict, those additional terms and conditions will govern your use of those sections or pages.

Unauthorized use of Vident’s Website and systems, including, but not limited to, unauthorized entry into Vident’s systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this Website in any manner that could damage, disable, overburden and/or impair any Vident site or service or interfere with any other party’s use and enjoyment of any Vident site or service. You may not attempt to gain unauthorized access to any Vident site or service, computer systems or networks connected to any Vident site or service, through hacking, password mining or any other means.

Without limiting the generality of the foregoing, the information and other Vident materials You access via the Vident Website may not be used as a basis for any financial instruments or products (including, without limitation, passively managed mutual funds, passively managed exchange-traded funds and index-linked derivative securities), or used to verify or correct data in any other compilation of data or index, or used to create any other data or index (custom or otherwise), without Vident’s prior written consent.

The information and materials on this Website may contain typographical errors or inaccuracies. Vident reserves the right, in its sole discretion, without any obligation and without any notice requirement and for any reason, to change, improve or correct the information and materials on this Website and to suspend and/or deny access to this Website or portions thereof for scheduled or unscheduled maintenance, upgrades, improvements, corrections or otherwise. Any dated information is published as of its date only, and Vident does not undertake any obligation or responsibility to update or amend any such information. Vident may discontinue or change any product, service, information or material described in or offered on this Website at any time for any reason.

These Terms of Use are not intended to, and will not, transfer or grant any rights in or to the information or material available on the Vident Website other than those which are specifically described herein, and all rights not expressly granted herein are reserved by Vident and/or any third party providers from whom Vident has obtained the information or materials.

You agree that You will not engage in any activities related to this Website that are contrary to applicable laws or regulations.


Disclaimer of Warranties

NO WARRANTY AS TO CONTENT:

ALTHOUGH VIDENT SHALL OBTAIN INFORMATION FOR INCLUSION IN THE VIDENT WEBSITE FROM SOURCES THAT VIDENT CONSIDERS RELIABLE, THE VIDENT WEBSITE IS PRESENTED TO USERS OF THE VIDENT WEBSITE "AS IS" AND NEITHER VIDENT, ANY OF ITS PARENTS, ANY OF ITS SUBSIDIARIES, ANY OF ITS AFFILIATES, ANY OF ITS OR THEIR DIRECT OR INDIRECT INFORMATION PROVIDERS NOR ANY THIRD PARTY INVOLVED IN, OR RELATED TO, COMPILING, COMPUTING OR CREATING THE INFORMATION PROVIDED ON THE VIDENT WEBSITE (COLLECTIVELY, THE "VIDENT PARTIES") MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND TO USERS OF THE VIDENT WEBSITE OR ANY THIRD PARTY, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE VIDENT WEBSITE, THE ACCURACY OF THE INFORMATION AND/OR MATERIALS PRESENTED ON THE VIDENT WEBSITE, THE TIMELINESS OF THE INFORMATION AND/OR MATERIALS PRESENTED ON THE VIDENT WEBSITE, THE RESULTS TO BE OBTAINED BY THE USE OF ANY INFORMATION AND/OR MATERIALS OR ANY OTHER MATTER. FURTHER, THE VIDENT PARTIES EXPRESSLY DISCLAIM, AND USERS OF THE VIDENT WEBSITE WAIVE, ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF ORIGINALITY, ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NO WARRANTY AS TO SECURITY:

VIDENT WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION MADE AVAILABLE TO USERS OF THE VIDENT WEBSITE VIA THE VIDENT WEBSITE.



Limitation of Liability

No Liability for Content; No Liability Arising from Use:

Although the information provided to You on this Website is obtained or compiled from sources Vident believes to be reliable, Vident cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to You for any particular purpose. Neither Vident, nor any of its parents, its subsidiaries, its affiliates, its directors, its officers or its employees, nor any third-party vendor, will be liable or have any responsibility of any kind for any loss or damage that You incur in the event of any failure or interruption of the Vident Website, or resulting from the act or omission of any other party involved in making this Website, the data contained herein or the products or services offered on this Website available to You, or from any other cause relating to your access to, inability to access, or use of the Vident Website or these materials, whether or not the circumstances giving rise to such cause may have been within the control of Vident or of any vendor providing software or services. In no event will Vident or any such parties be liable to You for any direct, special, indirect, consequential or incidental damages or any other damages of any kind even if Vident or any other such party has been advised of the possibility thereof.

This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a User’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure event.


No Representations Made as to Other Sites or Links

This Website may contain links to and be linked from third-party websites (the "Sites"). These links are provided only as a convenience. Accordingly, Vident has not tested any information, software or product found on any of the Sites and therefore makes no representations concerning the content of the Sites. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Vident of any information and/or materials contained in any Sites. In no event shall Vident be responsible for the information and/or materials contained on any Sites or for your use of or inability to use such Sites. You should also be aware that the terms and conditions of such Sites and the Sites’ privacy policies may be different from those applicable to your use of this Website.


Content Not to be Construed as Solicitation or Recommendation; No Determination of Suitability; Not All Risk Disclosed

The material on the Vident Website is for informational purposes only, and is not an offer or recommendation to buy or sell or a solicitation of an offer to buy or sell any security or instrument or to participate in any particular trading strategy. Further, none of the information and material on the Vident Website is intended to constitute legal advice, tax advice, investment advice or a recommendation to make (or refrain from making) any kind of investment decision and may not be relied on as such. Historical data and analysis should not be taken as an indication or guarantee of any future performance, analysis, forecast or prediction.


Disclosure about Indices

It is not possible to invest directly in an index. Exposure to an asset class represented by an index is available through investable instruments based on that index. Vident does not sponsor, endorse, sell, promote or manage any investment fund or other investment vehicle that is offered by third parties and that seeks to provide an investment return based on the performance of any index. Vident makes no assurance that investment products based on a Vident index will accurately track index performance or provide positive investment returns. Vident is not an investment adviser, and Vident makes no representation regarding the advisability of investing in any such investment fund or other investment vehicle. A decision to invest in any such investment fund or other investment vehicle should not be made in reliance on any of the statements set forth in this Website. Prospective investors are advised to make an investment in any such fund or other vehicle only after carefully considering the risks associated with investing in such funds, as detailed in an offering memorandum, prospectus or similar document that is prepared by or on behalf of the issuer of the investment fund or other vehicle. Inclusion of a security within an index is not a recommendation by Vident to buy, sell, or hold such security, nor is it considered to be investment advice. Closing prices and real-time intraday prices for the Vident Core International Equity IndexTM, the Vident Core U.S. Equity Stock IndexTM, the Vident Core U.S. Bond Strategy IndexTM, and other Vident indices (if any) are calculated by an Index Calculation Agent (as may be selected by Vident in its sole discretion from time to time) based on the closing price of the individual constituents of the index as set by its or their primary exchange(s). (The current Index Calculation Agent for Vident Indices is Solactive AG.) Closing prices and real-time intraday prices for the Vident International Equity IndexTM, the Vident Core U.S. Equity IndexTM, the Vident Core U.S. Bond Strategy IndexTM, and other Vident indices (if any) are received by Vident from one of its third party vendors, either its Index Calculation Agent and/or another third party vendor selected by Vident in its sole discretion; the vendors typically receive the closing price(s) from the primary exchange(s). Closing prices and real-time intraday prices are not verified by Vident.


Material Non-public Information

From time to time, Vident may possess certain information that is or could be considered material non-public information. As a result, Vident has established or will establish policies and procedures to maintain the confidentiality of material non-public information. Where necessary and appropriate, such policies and procedures will address if, how and when such material non-public information may or may not be shared with Vident's parents, subsidiaries, affiliates and/or third parties.


System Outages, Slowdowns, and Capacity Limitations

As a result of high Internet traffic, transmission problems, systems capacity limitations, and other problems, You may, at times, experience difficulty accessing the Vident Website or communicating with Vident through the Internet or other electronic or wireless services. Any computer system or other electronic device, whether it is yours, an Internet service provider’s or Vident’s, can experience unanticipated outages or slowdowns, or have capacity limitations. Vident cannot and does not guarantee continuous, uninterrupted or secure access to the Vident Website.


Proprietary Rights

All right, title and interest in this Website and all content contained herein is the exclusive property of Vident, except as otherwise explicitly stated. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in whole or in part any information, software, products or services obtained from this Website, except for the purposes expressly provided herein, without Vident’s prior written approval. If You download any information or materials from this Website, You agree that You will not remove or obscure any copyright or other notices or legends contained therein.

Unless otherwise indicated, Vident FinancialTM, Vident International Equity IndexTM, Vident Core U.S. Equity IndexTM, Vident Core U.S. Bond IndexTM, Vident International Equity FundTM, Vident Core U.S. Equity FundTM, Vident Core U.S. Bond Strategy FundTM, VIDITM, VUSETM, VBNDTM, and all other marks and logos used on the Vident Website (including the names of all Vident indices and products) are trademarks and/or service marks of Vident, its parents, its subsidiaries and/or its affiliates. The mark Principled ReasoningTM is used by Vident with the express consent and authorization of Ronald Blue & Co., LLC ("RB&Co."). The names of other actual companies and third-party products or services mentioned herein may be the trademarks or service marks of their respective owners. You are prohibited from using any marks for any purpose including, but not limited to, use as metatags on other pages or Sites on the Internet without the written permission of Vident and/or such third party which may own the marks.

Vident may have patent applications pending on the methodology and operation of any one or more of the Vident Indices.


Choice of Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Use shall be in an appropriate state or federal court located in the County of Fulton, State of Georgia, and Vident and You (each a "Party"; collectively, the "Parties") unconditionally waive their respective rights to a jury trial. Any cause of action You may have arising out of your use of this Website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of the Terms of Use shall continue in full force and effect. The Terms of Use constitute the terms between Vident and You arising out of this Website, and the Terms of Use supersede all prior or contemporaneous communications, agreements and understandings between Vident and You arising out of the subject matter hereof. A printed version of these Terms of Use shall be admissible in judicial and administrative proceedings.


Designated Agent

Pursuant to Section 512(c)(2) of the Copyright Act (17 United States Code § 512(c)(2)), Vident designates the following agent to receive notifications of claimed infringement: Nicholas A. Stonestreet, Chief Executive Officer, Vident Financial, LLC, 300 Colonial Center Parkway, Suite 150, Roswell, GA 30076, United States of America; Telephone: + 1 (404) 267-1501; Facsimile: +1 (770) 280-6001; Email: nstonestreet@videntfinancial.com.


Questions Regarding these Terms of Use

Questions regarding these Terms of Use should be directed to: Vident Financial, LLC, 300 Colonial Center Parkway, Suite 150, Roswell, GA 30076, United States of America, Attention: Legal Department; Telephone: + 1 (404) 267-1501; Facsimile: +1 (770) 280-6001 Email: info@videntfinancial.com.

*An investor may not invest directly in an index such as VIEQX. In addition, emerging markets investments may expose investors to risks not typically associated with similar investments in more developed markets. The classification of a country as an "emerging market" is generally based on the relative economic, political and social development and is by necessity subjective.