Terms of Use
BY ENTERING THE ETF SECTOR WEBSITE OR BY USING ANY OF THE DATA AVAILABLE ON THE WEBSITE WHICH IS THE PROPERTY OF ETFINSIGHT (“ETFInsight”), YOU (THE “USER”) ACCEPT THESE TERMS OF SERVICE, AGREE TO BE BOUND BY THEM AND BIND YOUR EMPLOYER TO THEM. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, YOU ARE NOT ALLOWED TO USE THIS WEBSITE AND THE DATA AVAILABLE ON THIS WEBSITE. PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
Preamble
ETFInsight (“ETFInsight”) operates a funds analytics platform under the ETFINSIGHT name. ETFInsight owns intellectual property rights related to the ETF Sector platform. ETFInsight makes its analytics, data and related information available on its ETF Sector website (www.etfsector.com). The User wishes to access and use the ETF Sector platform, certain related Data and additional information. Now and therefore, it is agreed as follows:
1. Definitions
“Data” means all Data, Graphs and Information available on the ETF Sector website (www.etfsector.com), or data delivered directly by ETFInsight via File Transfer Protocol (“FTP”), email or available over the network operated by a third-party distributor or vendor (“Distributor”) that has a current, written agreement with ETFInsight permitting distribution of the Data and information or any other additional delivery/access methods provided by ETFInsight. “Distribute” means to send Data around the location of the User’s employer. “Redistribute” means to send Data outside the location of the User’s employer in the ordinary course of the User’s business. “User” means any physical person who accesses and/or uses the ETF Sector website and/or Data. “Trademarks” means ETFINSIGHT, SUPERADVISORS and any other registered or non-registered trade and service marks which are owned by, or licensed to ETFInsight.
2. Applicability of these Terms of Service
2.1. The User accepts and is legally bound by all the terms of these Terms of Service (i) upon ticking the box after “you accept these Terms of Service” or (ii) upon accessing the ETF Sector website or (iii) upon using Data, whichever is the earlier. For the avoidance of doubt, even if the User is expressing his/her disagreement with any of the terms of these Terms of Service, the User accepts to be bound by all the terms of these Terms of Service upon accessing or using the ETF Sector website and/or any Data.
2.2. Subject to anything provided for herein, these Terms of Service shall exclusively govern any kind of use of the ETF Sector website and of the Data by the User.
3. Use of Data
3.1. Restrictions of Use
(a) The User is authorized to access and/or use the Data under these Terms of Service.
(b) The User may (i) create works such as charts and reports and (ii) distribute and redistribute limited extracts of the Data provided this is done infrequently in a non-systematic manner; (iii) use the Data within the framework of their investment activities provided that it is not done in connection with the issuance, trading, marketing, or promotion of any Derived Product. If the User wishes to delegate asset management or advisory based on Derived Products to a third party, the User must ensure that the third party has first entered into a separate, legally binding agreement with ETFInsight.
(c) The User will not store any Data to create historical databases.
(d) The User will not use the Data to create a database or a service similar to ETFInsight service(s).
(e) The User will not use any Data or any works derived from the Data in connection with the issuance, trading, marketing, or promotion of any Derived Product. The User agrees and understands that any such use requires that the User first enters into a separate license agreement with ETFInsight.
(f) The User will not resell the Data available to any other person or organization directly or indirectly.
(g) The User will not disseminate the Data except to organizations who have first entered into a separate, legally binding agreement with ETFInsight.
(h) The user will not make any reference or permit any reference to be made to ETFInsight rating data and methodology unless duly authorized by ETFInsight.
3.2. Sanctions and Remedies
(a) If the User is in breach of any provision of this clause 3, ETFInsight is entitled to block the User’s access to the ETF Sector website with immediate effect without any notice.
(b) ETFInsight is entitled to damages (including loss of revenue) resulting from the breach of this clause 3.
(c) Furthermore, ETFInsight is entitled to request that the User rectifies such a breach immediately. In particular, ETFInsight shall have the right to request, inter alia, the deletion and/or removal of any Data, material, document, products, works, etc. that have been used or produced in breach of this clause 3.
(d) Such measures or payments do not entail any waiver or limitation of any other right or remedy available to ETFInsight under the applicable laws and/or these Terms of Service.
4. No Warranties and Representations of ETFInsight / Disclaimers of ETFInsight
Neither ETFInsight nor any of its licensors makes any warranties or representations, express or implied, to the User with respect to the access to, and the use of, the ETF Sector website and the Data. In particular, the User acknowledges and accepts the following disclaimers of ETFInsight:
4.1. ETFInsight reserves the right to remove portions of the Data from the ETF Sector website at any time without notice. ETFInsight may discontinue or change the ETF Sector website or its availability to any User, at any time.
4.2. ETFInsight is free, in its sole discretion, to implement at any time any technical, administrative, content-related, or other changes on the ETF Sector website (including changes to the Data) which may affect the Data. For example, ETFInsight may change the way the Data is organized and formatted on the ETF Sector website, how it can be accessed and downloaded and ETFInsight may also add or remove Data series and change methodologies at any time and change the components and methodologies of the Data.
4.3. Neither ETFInsight nor its licensors are providing investment advice, tax advice, legal advice, or other professional advice via the ETF Sector website, and neither ETFInsight nor its licensors sponsor, recommend or endorse the purchase or sale of any security or investment product. Inclusion of a fund or other component in an analysis does not in any way reflect an opinion of ETFInsight or its licensors of the investment merits of such a fund or other component. The Data contained in the ETF Sector website have been prepared by ETFInsight solely for informational purposes. All the Data provided by ETFInsight is provided on an “as is” basis, is impersonal and not tailored to the needs of any person, entity or group of persons. Neither ETFInsight nor any of its licensors represents or warrants the accuracy, completeness, timeliness, sequence, correctness, merchantability, quality or fitness for any particular purpose of the Data, or any portion thereof. If the User wishes to rely on the Data in any way, it is the User’s responsibility to independently verify the accuracy, completeness, or timeliness of that Data.
4.4. The ETF Sector website may include Data, facts, views, opinions and recommendations of third parties which are used by ETFInsight without any review for accuracy or completeness. The User agrees that ETFInsight is not responsible for such content, and that ETFInsight shall have no liability to the User or any other person or entity for the use of such content.
4.5. The User may, through hypertext or other computer links, gain access to other websites. The User agrees that ETFInsight is not responsible for the content or operation of such websites, and that ETFInsight shall have no liability to the User or any other person or entity for the use of third-party websites. The User is solely responsible for determining the extent to which he/she may use any content on any other websites which are linked to the ETF Sector website.
4.6. Neither ETFInsight nor any of its licensors makes any warranties or representations in respect of the absence of any third-party rights related to the use of the Data.
4.7. The ETF Sector website may contain viruses (e.g., computer program files containing codes capable of (a) damaging or destroying software, hardware or data, (b) shutting down, prohibiting access or impairing normal operation, or (c) assisting in or enabling theft or alteration of data), and any of the events described above may negatively affect the use of the Data, the results obtained therefrom, or the software environment and Data used by the User.
4.8. The Data shall not be used for any unlawful or unauthorized purposes.
5. Performance Disclosure
5.1. Charts and graphs are provided for illustrative purposes.
5.2. Past performance is no guarantee of future results.
6. Limitation of Liability
6.1. To the extent permitted under applicable law, neither ETFInsight nor any of its affiliates, agents or licensors shall be liable to the User or anyone else for any loss or injury or damage whether such loss, injury or damage were foreseeable, known or otherwise, and for contingencies beyond its control in procuring, compiling, interpreting, reporting, or delivering Data.
6.2. To the extent permitted under applicable law, in no event will ETFInsight or any of its affiliates, agents or licensors be liable to the User or anyone else for any conclusions derived from any decision made, or any actions taken, by the User or anyone else based on the use of the ETF Sector website and/or Data.
6.3. To the extent permitted under applicable law, neither ETFInsight nor any of its affiliates, agents and licensors shall be liable to the User or anyone else for any damages whatsoever (including, without limitation, any direct, indirect, punitive or consequential loss or damage or any loss of income, profits, goodwill, Data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption and whether in tort [including without limitation negligence], contract or otherwise) even if advised of the possibility of such damages.
6.4. Nothing herein excludes or limits the liability of ETFInsight or any of its affiliates, agents or licensors (i) for fraud, (ii) for death or personal injury caused by negligence, or (iii) which may not be excluded or limited under applicable law.
6.5. Neither ETFInsight nor any of its affiliates, agents and licensors shall be liable for damages resulting from ‘force majeure’, riot, acts of war, epidemics, natural di ters, or other events over which they have no control, (including, without limitation, strikes, lock-outs, traffic disruptions, orders by governmental authorities in Singapore or abroad), or as a consequence of technical problems, such as IT disruptions, for which they are not at fault. The term ‘force majeure’ shall also include computer viruses or intentional attacks by ‘hackers’ on IT systems, provided that reasonable security systems were in place to avert damage from such attacks.
7. Intellectual Property
7.1. The User acknowledges and accepts that the entire content of the ETF Sector website, the Data and the files containing Data are, and shall remain, the property of ETFInsight and/or its licensors and that they are protected by copyright and/or other intellectual property laws and/or unfair competition or misappropriation laws. Such content may only be used in accordance with these Terms of Service. Any unauthorized use is strictly prohibited.
7.2. All trade names, trademarks, service marks and other product and service names and logos on the ETF Sector website used are proprietary to their respective owners and are protected by applicable trademark laws. Any of the trademarks, service marks or logos (collectively, the ‘Marks’) displayed on the ETF Sector website may be registered or unregistered marks of ETFInsight or others. Nothing contained in the ETF Sector website may be construed as granting any license or right to use any of the Marks displayed here without the express written permission of ETFInsight or the owner of such Marks. Any unauthorized use of the Marks is strictly prohibited.
7.3. The User shall, at no cost to ETFInsight, display/include notices as ETFInsight may reasonably require on any display of any chart or table or other Derived Data or any limited extract of Data. The following provision shall in any event be included: “Based on data sourced from ETFInsight TM (www.ETFinsight.com). Copyright © 2024 ETFInsight.”
8. Personal Data
ETFInsight has the right to electronically store and process personal data provided by the User when using the ETF Sector website in accordance with the applicable laws and the Privacy Policy on the ETF Sector website. Personal data is treated as confidential in consistence with the terms of the Privacy Policy and is used exclusively for business relations between ETFInsight and the User as further described in the Privacy Policy.
9. Invalidity / No Waiver
9.1. If any provision in these Terms of Service is invalid or unenforceable under the applicable law, the remaining provisions will continue in full force and effect.
9.2. The failure of ETFInsight to insist upon strict compliance with any term or provision shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision.
10. Applicable Law
These Terms of Service, the User’s use of the ETF Sector website and of the Data, and all actions contemplated by these Terms of Service shall be governed by the laws of the US, without regard to the choice of or conflicts of law principles, as if these Terms of Service were a contract wholly entered into and wholly performed within the US.
11. Jurisdiction
11.1. Any dispute in connection with these Terms of Service shall be submitted to the exclusive jurisdiction of the Delaware Court provided, however, that nothing herein shall prevent ETFInsight from bringing any action against the User at the User’s domicile.
11.2. Regardless of clause 10, ETFInsight shall be entitled to request injunctive relief (including preliminary measures) regarding the use of Data by the User at the national (or multinational) court(s) where the User uses Data or where ETFInsight rights shall be enforced. Last updated: April 1st, 2024..
