TERMS AND CONDITIONS OF USE OF THIS WEBSITE
Before using this Website please read these Terms and Conditions of Use (the “Terms”) carefully. Any use of this Website will constitute your understanding and acceptance of the Terms. If you do not accept the Terms stated herein, do not use this Website. This Website is owned and operated by Tidal ETF Services LLC (“Tidal”), either alone or in conjunction with its affiliates, agents and partners. Tidal reserves the right, in its sole discretion, without any obligation or notice requirement, to amend, alter, modify, add, update, or remove portions of these Terms at any time, and any such changes will be effective upon posting to the Website. You are responsible for reviewing the Terms periodically and your continued use of the Website constitutes your acceptance of all such changes. Consequently, we suggest that you check these Terms periodically for any changes. These Terms supplement any other agreements between you and Tidal or its affiliates. If there is any conflict between these Terms and your
other agreements with Tidal or its affiliates, those agreements will govern.
TERMINATION
Tidal expressly reserves the right to monitor any and all use of the Website, to exclude you and any other person from using this Website, and to terminate your access to this Website. Upon termination, you must destroy all materials obtained from this Website and all copies of those materials, whether or not they were made under these Terms. You also agree that Tidal will not be liable to you or any third party for any termination of your access to this Website. All provisions in the Terms that by their nature should survive termination will survive termination, including, but not limited to provisions concerning indemnification, disclaimers, limitations on liability, and termination.
INTENDED AUDIENCE
The information provided on this Website 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, or which would subject Tidal or its affiliates to any registration requirement within such jurisdiction or country. Tidal is a Delaware Limited Liability Company registered with the U.S. Securities and Exchange Commission as an investment adviser pursuant to the Investment Advisers Act of 1940.
Tidal does not claim that the products or services described in this WEBSITE are available in any
particular jurisdiction or appropriate for any particular investor. If you choose to access this Website from a location other than the United States, you do so at your own initiative, and you are responsible for compliance with any applicable local laws.
NO OFFER OR ADVICE
Neither this Website nor anything on this Website constitutes an offer to sell, a solicitation of an offer to buy, or a recommendation of any security or any other product or service by Tidal or any other third party regardless of whether such security, product or service is referenced on or through this Website.
Furthermore, nothing on this Website is intended to provide tax, legal, or investment advice and nothing on this Website should be construed as a recommendation to buy, sell, or hold any investment or security or to engage in any investment strategy or transaction. Tidal does not represent that the securities, products, or services discussed on or accessible through this Website are suitable for any particular investor. You are solely responsible for determining whether any investment, investment strategy, security or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance.
TIMELINESS OF CONTENT
All content on this Website is presented as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. Additionally, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data. We undertake no responsibility to notify you of changes to the Website or its content and expressly reserve the right to change such information, including any opinions or forecasts, at any time without notice.
DISCLAIMERS, LIMITATIONS ON LIABILITY AND INDEMNIFICATION
All information and content on this Website is subject to applicable statutes and regulations, furnished on an “as is” and “as available” basis, without warranty of any kind, expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or noninfringement. Tidal does not warrant that the Website will meet your needs, be error-free, be corrected promptly if an error exists, or is continuous, uninterrupted, secure, or contain no computer viruses or other harmful content. You assume the entire cost of any necessary servicing, repairing, or correcting of your property or operations as a result of using this Website. Furthermore, Tidal makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of any material, services, software, texts, graphics, photographs, or links contained on this Website or any results that may be obtained from using this Website. You also accept at your own risk that the Internet or other online communications medium may not perform as intended as a result of human, mechanical, or other error, despite the efforts of Tidal, you, or any third party. Any commentaries, articles or other opinions herein are intended to be general in nature and for current interest. Decisions
based on information contained in this Website are your sole responsibility, and in exchange for using this Website, you agree to hold Tidal, its directors, officers and employees harmless against any claims for damages arising from any decision that is made based on such information. Tidal and its directors, officers, or employees will not be liable or have any responsibility of any kind for any loss or damage that you incur arising from or in connection with:
any delay, termination, failure, defect, or interruption in the transmission of this website;
any inaccuracy, error, unavailability, or incompleteness in the transmission of this website;
any termination or interruption of your access to this website;
your reliance on or use of this website;
any e-mail requests, orders, or instructions you send, or the interception by third parties of any
requests, orders, or instructions you send via e-mail;
any act or omission of Tidal in making this website available to you; or
any other cause relating to your access to or use of this website, whether or not the
circumstances giving rise to such cause may have been within the control of Tidal or within the
control of any other party providing software or services support for this website.
Furthermore, Tidal and its directors, officers, or employees will not be liable to you in contract, tort, strict liability, or otherwise for any direct, indirect, special, punitive, consequential, or incidental damages related in any way to your use of this Website including, but not limited to, (i) loss of anticipated profits, benefits, use, or data, or (ii) injury caused by any performance, failure of performance, error, omission, interruption, deletion, defect, computer virus or worm, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information, resulting from the use of or access to this Website, even if (i) such damages are reasonably foreseeable, or (ii) Tidal or any other party has been advised of the possibility of such damages. It is possible that all or a portion of the forgoing disclaimers or limitations of liability may not be enforceable in the jurisdiction in which you reside. You agree to indemnify, defend, and hold harmless Tidal and its affiliates, officers, directors, employees, and agents, including their affiliates, from and against any and all claims, liabilities, damages, losses, actions, demands or expenses, including attorney fees and costs, arising out of or in any way connected with your access to or use of this Website or your breach of these Terms. Tidal will
notify you of any such claim, suit, or proceeding and may assist you, at your expense, in defending against any such claim, suit or proceeding.
USE OF LINKS TO OTHER WEBSITES
This Website may contain links to third-party websites. These links are provided solely as a convenience to you and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification, or monitoring by Tidal of the contents on such third-party websites. Tidal is not responsible for the content of any website owned by a third party that may be linked to this Website regardless of whether the link is provided by Tidal or a third party. Tidal does not prepare or maintain, has not and will not review or update, and does not guarantee the accuracy, timeliness, completeness, suitability, reliability, or usefulness of any information contained on a linked third-party website. If you decide to access linked third-party websites, you do so at your own risk. Furthermore, no representation or warranty is provided for any software that you may download from a link from this Website.
THIRD PARTY CONTENT
Through this Website, you may have access to information relating to securities, indexes or the
securities markets (“Market Data”). Tidal may compile or obtain this Market Data from third parties who are independent of Tidal. Even though the sources of the Market Data provided on this Website are believed to be reliable, Tidal is not responsible for, and makes no warranty with respect to the contents, accuracy, completeness, timeliness, suitability, or reliability of the Market Data. The Market Data that may be provided is not a complete summary or statement of all available information or data. Tidal makes no express or implied representations or warranties, including but not limited to warranties of merchantability or fitness for a particular purpose, with respect to Market Data. Any Market Data and other information accessible through this Website are for personal, non-commercial use. You agree not to reproduce, modify, sell, distribute, broadcast, publish, or use for any commercial or unlawful purpose
any Market Data or other information you access through this Website. Any Market Data is provided “as is” and on an “as available” basis. Tidal will not be responsible for lost profits, trading losses, or any other damages resulting from inaccurate, defective, or unavailable Market Data or other information.
Tidal is not obligated to update or to continue to offer Market Data or other information accessible through this Website.
ELECTRONIC COMMUNICATIONS
To the extent electronic mail is submitted to or through this Website, it should be considered neither secure nor confidential. Tidal makes no representation whatsoever concerning the security or confidentiality of your electronic messages and makes no representation that any electronic messages submitted through this Website will be received by Tidal. Delivery, and timely delivery, of electronic mail is not guaranteed. Do not send sensitive or confidential information to us via electronic mail. Tidal therefore recommends that you do not send time sensitive or action-oriented messages to us via electronic mail. Such requests, orders, or instructions will not be processed until Tidal can confirm your instructions or obtain appropriate written documentation where necessary. Furthermore, any communications or material you transmit to or through this Website by electronic mail or otherwise, including, but not limited to, data, questions, comments, or suggestions will be treated as nonconfidential and nonproprietary and will become the property of Tidal. Such communications or materials may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Further, Tidal reserves the right to use any ideas, concepts, know-how, or techniques contained in any electronic communication you send to this Website for any purpose whatsoever.
INTELLECTUAL PROPERTY
All copyrights, trademarks, logos, service marks, trade names, or other intellectual property displayed on, or used in conjunction with this Website are proprietary to Tidal. Any third-party trademarks, logos, service marks, or trade names on this Website are used for identification purposes only and are the property of their respective owners. The content of this Website is protected by applicable intellectual property law. Tidal reserves all rights with respect to intellectual property ownership of all material on this Website, and will enforce such rights to the full extent permissible by law. The material accessible on or through this Website is accessible for personal browsing and printing purposes only. Users of this
Website may not otherwise:
copy, reproduce, modify, sell, republish, post, transmit, or distribute in any way material from
this Website without the express, written permission of Tidal;
use, copy, modify, or display any Tidal name, logo, text, or graphic image without Tidal’s
express, written permission;
display any of the pages, text, images, or other content on this Website using “framing”
technology without Tidal’s express written permission;
modify or use the pages, text, images, or other content from this Website for any purpose other
than browsing or printing for personal, non-commercial use; or
take any action to create an impression of affiliation, sponsorship, or endorsement between any
user and/or website and Tidal.
LIMITED LINKING LICENSE FOR OTHER USERS AND WEBSITES
Tidal grants to other users and websites, a Limited License to link to Tidal’s homepage
(www.Tidalinv.com). This Limited License entitles other users and websites to link to Tidal’s homepage only, so long as no impression of affiliation, sponsorship or endorsement by or between Tidal and the other user or website is created. Linking to other content within this Website is prohibited without the express written permission of Tidal. This Limited License expressly prohibits the framing of the content contained in this Website in any way or any other activity that may create a misimpression or confusion among users with respect to sponsorship or affiliation. Any website offering a link to this Website under
this Limited License must deliver our homepage address as stated above.
PROHIBITED USES
You may not use this Website to gain unauthorized entry into Tidal’s Website, computer systems or networks connected to this Website or Tidal’s computer systems through hacking, password mining, or any other means. Furthermore, you may not use this Website in any manner that could damage or overburden any Tidal server, or any network connected to any Tidal server, or in any manner that would interfere with another party’s use of the Website. You may not, without the express written permission of Tidal, use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy this Website or the reports, data, information, content, software, products, services, or other materials on, generated by or obtained from this Website, whether through links or otherwise,
provided that generally available third-party web browsers may be used without such permission.
Unless expressly authorized by Tidal in writing or as otherwise allowed by these Terms, you may not include the term “Tidal Investments” or any Tidal executive’s name or any Tidal logo, trademark, service mark, or any variation of the foregoing, on another website or as a meta-tag, hidden textual element or use this Website or any of its content in any manner that could create the impression of an affiliation, sponsorship or endorsement by Tidal.
GOVERNING LAW AND SEVERABILITY
These Terms will be governed and construed under the laws of the State of New York and the applicable provisions of U.S. federal law without regard to conflicts of law. To the extent that the applicable laws of the State of New York or any of the provisions herein conflict with the applicable provisions of U.S. federal law, the latter shall control. Any legal action relating to these Terms shall be instituted in any State or U.S. federal court in the City of New York and County of New York and you waive any objection which you may now or hereafter have to the laying of venue of any such proceeding and irrevocably consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action. Nothing in these Terms creates any rights or protections that you are not already entitled to by law. If any part of these Terms is held invalid, void, unlawful or unenforceable, that part will be deemed modified as necessary to make it effective, and the remaining provisions of these Terms will remain in
full force and effect. No waiver of any term or provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Except as expressly provided in Tidal’s Privacy Policy, these Terms constitute the entire agreement between you and Tidal with respect to the use of this Website.