TERMS OF USE

This document was last modified on November 3, 2017

Acceptance of the Terms and Conditions for Use of this Website
These terms of use are entered into by and between You and VETS INDEXES LLC (“Company”, “we” or “us”). The following terms and conditions, including VETS’s Privacy Policy (collectively, these “Terms of Use”), govern your access to and use of www.vetsindexes.com and all related servers operated by VETS INDEXES LLC or any of VETS’s affiliates, including any content, functionality and services offered on or through www.vetsindexes.com (the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at http://vetsindexes.com/privacy, incorporated herein by reference. If you do not accept these terms and conditions in their entirety, you may not access or use any part of this website or any of VETS’s services.

This Website is offered and available to users who are 18 years of age or older and residing in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age and reside in a jurisdiction where it is legal to form a binding contract with VETS.

Changes to the Terms of Use
VETS may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security
VETS reserves the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy [LINK], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You agree that you are entirely responsible for keeping any user name, password, and/or any other security information regarding your access to the Website confidential. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. VETS is not liable for any loss that you or any other third party may incur resulting from an unauthorized use of your password or account, either with or without your knowledge. However, you may be held liable for losses incurred by VETS or another party due to any such unauthorized use.

We have the right to disable any user name, password or other identifier, at any time in our sole discretion for any or no reason including for suspected violation of these Terms of Use.

Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, averages, indexes, prices, quotations, market data, rulebooks, research reports, news articles, images, illustration, opinions, and charts), are owned by the VETS, its licensors or other providers of such material and are protected by state, national, and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, including the laws of the United States of America. These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website without the express prior written consent of VETS. You must not modify copies of any materials from this site; use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website except as otherwise provided in a separate license agreement between yourself and VETS. Also, you may not use any of the VETS content including any indexes, any trademarks, service marks, or other protected intellectual property of VETS in connection with the issuance, trading, marketing or promotion of investment products (e.g., derivatives, structured products, investment funds, investment portfolios, etc. where the price, return and/or performance of the investment product is based on or related to the Indexes) without a separate written agreement with VETS. Neither VETS nor its licensors is giving investment advice, tax advice, legal advice, or other professional advice via the Website, and neither VETS nor its licensors sponsor, recommend or endorse the purchase or sale of any security or investment.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by VETS. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. For the avoidance of doubt, and solely by way of example and not limitation, you agree not to:

Use the Website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

Impersonate or attempt to impersonate VETS, a VETS employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).

Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website including but not limited to disabling, overburdening, damaging, or impairing the Website by any means, or which, as determined by us, may harm VETS, the Website, or users of the Website or expose them to liability.

Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

Disable, circumvent, avoid, bypass, remove, deactivate, impair or otherwise interfere with security-related features of VETS’s services or software, features that enforce restrictions or limitations on use of VETS’s services or software, or features that prevent or restrict use or copying of any content or other material accessible through use of VETS’s services or software.
Harass, defame or defraud users of VETS’s services or VETS’s software.

Consequences of Unacceptable Use

We reserve the right to take any and all action VETS deems appropriate if VETS becomes aware of conduct that VETS believes does not conform to the requirements of this policy, any agreement pursuant to which you use VETS’s services or any software that utilizes them, the Terms and Conditions for use of this Website, or applicable law.

Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy [INSERT AS LINK TO SITE’S PRIVACY POLICY]. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

VETS cannot guaranty that each page to which you may provide a link will remain available or that its content will remain the same. We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links (including advertisements, banner advertisements, and sponsored links) are provided for your convenience only. Any links to any third party products or services provided by VETS are not intended as a certification or endorsement of such products or services and are provided solely for your convenience. VETS is not responsible for any opinions, advice or statements made by third parties. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions
The owner of the Website is based in the state of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Access to this Website from countries where its contents or use is illegal or prohibited is forbidden.

Disclaimer of All Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

This Website may include facts, views, opinions and recommendations of individuals and organizations deemed of interest. We and our licensors do not guarantee the accuracy, completeness or timeliness of, or in any way endorse, these facts, views, opinions or recommendations. Due to the number of sources from which content in the Website is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content and Website. YOUR USE OF THE WEBSITE, ITS CONTENTS AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THIS WEB SITE AND ITS CONTENTS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. VETS AND ITS AFFILIATES INCLUDING BUT NOT LIMITED TO ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTROLLED OR CONTROLLING ENTITIES, BUSINESS PARTNERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS, LICENSORS AND SUPPLIERS, MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER WITH RESPECT TO ANY OF VETS’S SERVICES AND PRODUCTS INCLUDING BUT NOT LIMITED TO THIS WEBSITE AND ITS CONTENTS. NEITHER VETS NOR ANY PERSON ASSOCIATED WITH VETS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, CURRENTNESS, NON-INFRINGEMENT, ACCURACY OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS (INCLUDING BUT NOT LIMITED TO ANY INDEXES OR RELATED DATA). WITHOUT LIMITING THE FOREGOING, NEITHER VETS NOR ANYONE ASSOCIATED WITH VETS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENTS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

VETS AND ITS AFFILIATES AND THEIR RESPECTIVE PERSONNEL DISCLAIM ALL WARRANTIES REGARDING VETS’S SERVICES, THIS WEBSITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF (A) MERCHANTABILITY; (B) FITNESS FOR A PARTICULAR PURPOSE; (C) TITLE; OR (D) NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

YOU ACKNOWLEDGE AND AGREE THAT VETS’S SERVICES AND PRODUCTS INCLUDING BUT NOT LIMITED TO THIS WEBSITE AND ITS CONTENTS ARE DISTRIBUTED FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO SUPPLY INVESTMENT, FINANCIAL, TAX OR LEGAL ADVICE, INCLUDING BUT NOT LIMITED TO A RECOMMENDATION, AN OFFER TO SELL OR THE SOLICITATION OF AN OFFER TO BUY ANY SECURITY OR A SOLICITATION TO INVEST IN ANY PRODUCT. VETS, ITS AFFILIATES AND ANY THIRD PARTY SUPPLIERS AND THEIR AFFILIATES OFFER NO ADVICE REGARDING THE NATURE, POTENTIAL VALUE, OR SUITABILITY OF ANY PARTICULAR SECURITY, TRANSACTION, INVESTMENT OR INVESTMENT STRATEGY. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE VETS’S SERVICES AND PRODUCTS, AND ANY DECISIONS MADE IN RELIANCE UPON THE SAME, ARE MADE AT YOUR OWN RISK AND HAVE NOT RELIED ON ANY STATEMENTS OF VETS OR ITS THIRD PARTY SUPPLIERS. YOU ACKNOWLEDGE THAT THE SERVICES AND PRODUCTS ARE INTENDED FOR USE BY, AND AS AN AID TO, INSTITUTIONAL INVESTORS, REGISTERED BROKERS OR PROFESSIONALS OF SIMILAR SOPHISTICATION IN MAKING INFORMED JUDGMENTS CONCERNING INVESTMENTS. YOU ACCEPT RESPONSIBILITY FOR, AND ACKNOWLEDGE YOU EXERCISE YOUR OWN INDEPENDENT JUDGMENT IN, YOUR SELECTION OF ANY SERVICES OR PRODUCTS, YOUR USE OR INTENDED USE OF SUCH SERVICES OR PRODUCTS, AND ANY RESULTS OBTAINED FROM THE USE THEREOF. YOU ACKNOWLEDGE THAT YOU ARE QUALIFIED TO MAKE SUCH ASSESSMENT OR HAVE RECEIVED SUITABLE INDEPENDENT ADVICE. YOU HAVE NOT RECEIVED, AND WILL NOT REQUIRE OR EXPECT, ANY ADVICE, MARKETING PLAN OR OTHER ASSISTANCE FROM VETS OR ANY OF ITS THIRD PARTY SUPPLIERS WITH RESPECT TO THE CONDUCT OF YOUR BUSINESS OR THE USE OF THE SERVICES OR PRODUCTS. YOU AND NOT VETS OR ITS THIRD PARTY SUPPLIER(S), WILL BE FULLY RESPONSIBLE FOR THE CONSEQUENCES OF ANY DECISIONS MADE OR ACTIONS TAKEN OR NOT TAKEN BY YOU, YOUR PERSONNEL OR AFFILIATES AND THEIR RESPECTIVE CUSTOMERS BASED IN WHOLE OR IN PART ON ANY VETS SERVICES OR PRODUCTS.

In making an investment decision, prospective investors must rely on their own examination of such investment products and the terms of any offering, including the merits, conflicts and risks involved. All investments involve some degree of risk and some investments carry a higher degree of risk than others. As a result, prospective investors should have the financial ability and willingness to accept the risks related to an investment in the investment products. To the extent that any contents of the Website contain performance information for any investment products, past performance may not be indicative of future results and there can be no assurance that such investment products will achieve comparable results in the future.

Limitation of Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, FOR ANY REASON INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, ERRORS, OMISSIONS, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER CAUSE, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification
You agree that you will not use this Website for any unlawful purpose or for any purpose prohibited by these Terms. You agree to defend, indemnify and hold harmless VETS, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website

Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of New York and County of New York, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability
No waiver of by VETS of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of VETS to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement
The Terms of Use, our Privacy Policy, and any other agreements executed between you and VETS in writing constitute the sole and entire agreement between you and VETS INDEXES LLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns
This website is operated by VETS INDEXES LLC, a DELAWARE LIMITED LIABILITY COMPANY, with offices located at 6 East 39th Street, Suite 1003, New York, NY, 10016. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@vetsindexes.com.

Communication with VETS

Whenever you communicate with VETS, including through this Website and its email links, your communications are non-confidential unless such communications are explicitly covered by a separate non-disclosure agreement with VETS. VETS is free to use all submissions, ideas and feedback contained in your communications in any manner that is consistent with VETS’s Privacy Policy, including, but not limited to, incorporating your feedback and suggestions into VETS’s product and service offerings without any financial or other obligation to you.