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Legal Disclaimers for etfsector.com

(Draft 7/21/24)

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY ACCESSING ETFSECTOR.COM AND ANY PAGES THEREOF (THE “SITE”), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS LISTED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF. AS A CONDITION OF YOUR USE OF THIS SITE, YOU AGREE TO INDEMNIFY AND HOLD ETFSECTOR.COM, ETF INSIGHT, AND THEIR RESPECTIVE AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) ARISING FROM YOUR USE OF THE SITE, OR FROM YOUR VIOLATION OF THESE TERMS.

Nothing contained in or on the Site should be construed as a solicitation of an offer to buy or offer, or recommendation, to acquire or dispose of any security, commodity, investment or to engage in any other transaction. The information provided on the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. All persons and entities accessing the Site do so on their own initiative and are responsible for compliance with applicable local laws and regulations. The Site is not directed to any person in any jurisdiction where the publication or availability of the Site is prohibited, by reason of that person’s nationality, residence or otherwise. Persons under these restrictions must not access the Site.

Nothing contained on the Site constitutes investment, legal, tax or other advice nor is to be relied on in making an investment or other decision. You should obtain relevant and specific professional advice before making any investment decision.  The Site content is strictly for illustrative, educational, or informational purposes and is subject to change. The Site content should not be relied upon as investment advice, research, or a recommendation by etfsector.com regarding investment products, funds, investment strategies, any security in particular, or the use or suitability of the model portfolios. This material contains general information only and does not take into account an individual’s financial circumstances. This information should not be relied upon as a primary basis for an investment decision. Rather, an assessment should be made as to whether the information is appropriate in individual circumstances and consideration should be given to talking to a financial professional before making an investment decision. The strategies discussed on the Site are strictly for illustrative and educational purposes and are not a recommendation, offer or solicitation to buy or sell any securities or to adopt any investment strategy. There is no guarantee that any investment strategy or model portfolio will be effective or achieve any particular level of results.

The etfsector.com model portfolios themselves are not funds. The model portfolios include investments in Select Sector SPDRs. ALPS Portfolio Solutions Distributor, Inc. (“APSD”), member of FINRA, is distributor for Select Sector SPDRs. Although etfsector.com does not receive any direct compensation from APSD for the distribution of Select Sector SPDRs, some companies hired by APSD may sponsor content or advertisements on the Site.  This sponsorship can benefit etfsector.com financially. As the original sector funds and the industry leader in sector ETFs, etfsector.com has chosen to provide information about the Select Sector SPDRs on the Site and in the etfsector.com model portfolios because they are the market leader.

Carefully consider the investment objectives, risk factors, charges and expenses of the funds within the model portfolios, including Select Sector SPDRs and any other funds for which information is provided on the Site before investing. This and other information can be found in the funds’ prospectuses or, if available, the summary prospectuses which may be obtained by visiting each fund company’s website or calling their toll-free number. For Select Sector SPDRs, please visit https://www.sectorspdrs.com/. Read the prospectus carefully before investing. Investing involves risk, including possible loss of principal. Asset allocation and diversification may not protect against market risk, loss of principal or volatility of returns.  Select Sector SPDRs are not insured by the FDIC, CIPF, CDIC or any other entity and are subject to investment risks, including the loss of the principal amount invested. 

Performance information is historical and does not guarantee future results; current performance information may be lower or higher. The value of investments may fall as well as rise and investors may not get back the amount invested. 

Select Sector SPDRs are subject to risk similar to those of stocks including those regarding short selling and margin account maintenance. All funds, including Select Sector SPDRs, are subject to risk, including possible loss of principal. Select Sector SPDRs are also subject to sector and non-diversified risk, which will result in greater price fluctuations than the overall market.

No proprietary technology or asset allocation model is a guarantee against loss of principal. There can be no assurance that an investment strategy based on the model portfolio tool will be successful. The tool, and any data used by the tool, is provided on an “as-is” basis. etfsector.com expressly disclaims all warranties, express or implied, statutory or otherwise with respect to the tool (and any data used by the tool and the results obtained from use of the tool) including, without limitation, all warranties or merchantability, fitness for a particular purpose or use, accuracy, completeness, originality and/or non-infringement. In no event shall etfsector.com have any liability for any claims, damages, obligations, liabilities or losses relating to the tool including, without limitation, any liability for any direct, indirect, special, incidental, punitive and/or consequential damages (including loss of profits or principal).

Nothing contained in or on the Site should be construed as a solicitation of an offer to buy or offer, or recommendation, to acquire or dispose of any security, commodity, investment or to engage in any other transaction. The information provided on the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. All persons and entities accessing the Site do so on their own initiative and are responsible for compliance with applicable local laws and regulations. the Site is not directed to any person in any jurisdiction where the publication or availability of the Site is prohibited, by reason of that person’s nationality, residence or otherwise. Persons under these restrictions must not access the Site.

Should the viewer leave the Site via a link contained in the Site which leads to an entity not affiliated with etfsector.com, the viewer does so at its own risk. The content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by etfsector.com, and etfsector.com will not accept any responsibility whatsoever for the content of such sites or any losses related thereto.

Trademarks of unaffiliated entities may be referred to on the Site and their respective owners own these trademarks. Trademark owners are not responsible for and have not reviewed this site and no representation or warranty, express or implied, as to its accuracy, or completeness of the materials presented on it.

Certain areas of the Site cannot be viewed without a password or access code. You are solely responsible for the use and proper protection of the passwords and you shall take precautions to prevent their unauthorized use. If you become aware that a password has been lost or stolen or of any unauthorized use or access, please contact etfsector.com immediately. etfsector.com nor affiliates shall not be liable for the unauthorized use of a password prior to receipt of notice regarding the unauthorized use of a password.

THE INFORMATION ON THE SITE IS PROVIDED “AS IS”. ETFSECTOR.COM DOES NOT WARRANT THE ACCURACY OF THE MATERIALS PROVIDED HEREIN, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE AND EACH EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

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