Indices Terms

Please read the following Terms and Conditions of use (these “Terms”) carefully before using this website (the “Albourne Indices Site”). These Terms constitute a legal agreement between You and Albourne Partners Limited (together with its affiliates, “Albourne”). You agree that these Terms are the legal equivalent of a signed, written contract and equally binding.

By accessing and using the Albourne Indices Site, you accept, without qualification, these Terms, as updated or modified from time to time, pertaining to Your use of the Albourne Indices Site, its Content (as defined below) and Albourne’s proprietary indices, including the HedgeRS, PriMaRS and DyBeRS (each an “Albourne Index”, and collectively, the “Albourne Indices”). If you do not accept these Terms without qualification, you should exit the Albourne Indices Site immediately and discontinue all use of the Albourne Indices or the Content (as defined below).

If You are agreeing to these Terms in your capacity as an employee, representative or agent of an entity or firm (hereafter referred to as “Your Organization”), You represent that You have the authority to agree to these Terms on behalf of Your Organization and that Your Organization also agrees to these Terms. If You do not have such authority, or Your Organization does not agree with these Terms, You and Your Organization may not access or use the Albourne Indices Site, the Albourne Indices or the Content (as defined below).

Albourne Partners Limited may, at its discretion, modify these Terms in whole or in part at any time with immediate effect and without giving You prior notice by posting the modified Terms to this landing page. Your use of the Albourne Indices Site following any such modification constitutes Your agreement to follow and be bound by these Terms, as modified.

Permitted Use

Albourne Partners Limited grants You a non-exclusive, non-transferable, revocable license, without the right to grant sublicenses, conditioned on Your continued compliance with these Terms, to access the Albourne Indices Site and to use the information, data, charts, tables, graphs, graphics, audio, logos, images, icons, computer code, software and any other materials on the Albourne Indices Site (the “Content”) strictly for noncommercial, internal informational purposes only (the “Permitted Use”).

You agree not to modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer or sell any of the Content; provided, however, that You may on an infrequent (i.e., non-routine, non-systematic) basis reproduce and distribute an insubstantial portion of the Content within Your Organization solely for the Permitted Use. When reproducing or distributing the Content within Your Organization, You must include the following attribution in a reasonable font size in close proximity to the relevant Content: “Source: © 2023 Albourne Partners Limited. All rights reserved. ‘Albourne’ ® is a registered trade mark of Albourne Partners Limited and is used under licence by its subsidiaries.”

You may not link other websites to the Albourne Indices Site without Albourne’s prior written permission.

Albourne reserves the right to discontinue your access to the Albourne Indices Site at any time, with or without notice, for any reason, including where Albourne has a reasonable basis to believe that You are accessing or using the Albourne Indices Site or the Content in breach of these Terms.

Albourne Indices Site Use Restrictions

Unless otherwise agreed in writing with Albourne Partners Limited or one of its affiliates, You may not engage in any of the following prohibited uses (each a “Prohibited Use”) of the Albourne Indices Site or the Content:

1. transmit, post or distribute any of the Content outside of Your Organization;
2. use any of the Albourne Indices, the Content or any of the trademarks, service marks, trade names and other product and service names and logos displayed on the Albourne Indices Site (the “Albourne Marks”) for any purpose other than the Permitted Use;
3. use any of the Albourne Indices, including HedgeRS, PriMaRS or DyBeRS: (a) as a reference to which the amount payable under a financial instrument or financial contract, or the value of a financial instrument, is determined; or (b) to measure the performance of an investment fund with the purpose of tracking the return of any of the Albourne Indices or of defining the asset allocation of a portfolio or of computing the performance fees;
4. use any of the Albourne Indices, the Content or any of the Albourne Marks for any of the following activities: (a) creating, operating, issuing, marketing or promoting any financial product, instrument, index or service; (b) creating or populating any commercial financial index dataset; (c) populating or compiling databases or data compilations to be sold, licensed or distributed to any party; or (d) creating the impression that Albourne endorses, approves of or is connected to any investment vehicle, product or service marketed, promoted, distributed, offered or sold by or on behalf of You or Your Organization;
5. use or attempt to use any robot, spider, scraper or other automated means to access the Albourne Indices Site or to acquire, copy, distribute, probe, test, scan, or monitor any of the Content;
6. take any action (a) that imposes, or may impose, an unreasonable or disproportionately large load on Albourne’s infrastructure; (b) that interferes or attempts to interfere with the proper working of the Albourne Indices Site or any activities conducted on the Albourne Indices Site; or (c) to bypass any measures that Albourne may use to prevent or restrict access to the Albourne Indices Site; or
7. use the Albourne Indices Site, the Albourne Indices or the Content in violation of any applicable law or regulation.

Proprietary Rights

The Albourne Indices Site and the Content are the property of Albourne Partners Limited and are protected by U.S. and international copyright laws, with all rights reserved unless otherwise noted. All Albourne Marks, including Albourne, HedgeRS, PriMaRS and DyBeRS, are proprietary to Albourne Partners Limited, regardless of whether such trademarks and service marks are registered or unregistered.

You are prohibited from using any of Albourne Partners Limited’s copyrighted material or the Albourne Marks for any purpose other than for the Permitted Use.

Disclaimers and Limitation of Liability

The Albourne Indices are provided to You for the Permitted Use only. Information and data included in the Albourne Indices are obtained from various third-party sources, and while Albourne considers the sources of such information and data to be reliable, such information and data has not been audited or verified by Albourne. No representation is made as to, and no responsibility or liability is accepted for, the accuracy or completeness of such information and data. Any Albourne Index constituent may be removed at any time and any Albourne index may be restated, adjusted or corrected at any time without notice to You. The provision to You of the Albourne Indices does not constitute an offer or recommendation to buy or sell any security, fund or other financial product. Past performance of any Albourne Index or Albourne Index constituent is no indication of future results.

To the maximum extent permissible by law, Albourne expressly disclaims with respect to the Albourne Indices site, the Albourne Indices, the Albourne Marks and the Content any and all warranties, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose and non-infringement. You assume all risk of damage or loss resulting from the use of the Albourne Indices site, the Albourne Indices, the Albourne Marks and the Content.

To the maximum extent permissible by law, neither Albourne Partners Limited nor any of its affiliates shall be liable for any damages or losses (including direct, special, indirect, incidental, consequential or punitive damages, or any damages for lost profits or lost opportunities) in connection with any use of or reliance upon the Albourne Indices Site, the Content, the Albourne Marks or any of the Albourne Indices, including the use or publication by You of any Content, regardless of whether such use or publication was a Permitted Use or not.

If You are dissatisfied with the Albourne Indices Site, the Albourne Indices, the Content or these Terms, Your sole and exclusive remedy is to discontinue use of and access to the Albourne Indices Site, including the Albourne Indices and the Content.

Indemnification

You acknowledge Albourne’s material commercial interests in fully protecting the Albourne Indices Site, the Albourne Indices, the Content, the Albourne Marks and Albourne’s business. You acknowledge and agree that the Permitted Use is granted to you as consideration for undertaking all obligations set out in these Terms. You agree to indemnify and hold Albourne Partners Limited and its affiliates and their directors, officers, partners, managers, members, employees, agents and representatives (the “Indemnified Parties”) harmless against any and all liabilities, losses, damages (whether compensatory, direct, indirect, incidental, special, consequential, exemplary, punitive, or of any other nature), expenses and costs (including reasonable attorneys’ and other professionals’ fees) that the Indemnified Parties incur as a result of: (a) Your use of, or access to, the Albourne Indices Site, the Albourne Indices, the Albourne Marks or the Content; (b) Your breach of these Terms or applicable law or regulation; or (c) a Prohibited Use caused or proximately caused by Your actions.

Disputes

All disputes between You and Albourne under these Terms shall be resolved by binding arbitration to take place exclusively in London, United Kingdom at an appropriate forum and in a manner to be determined by Albourne in its sole discretion. Notwithstanding the foregoing, You agree that Albourne shall be entitled to resort to judicial proceedings in any court to enjoin any infringement, misappropriation or other misuse of the Albourne Indices Site, the Albourne Indices, the Content or the Albourne Marks.

General

Unless You have entered into a separate license agreement with Albourne regarding Your access to and use of the Albourne Indices, these Terms constitute the entire agreement and understanding between You and Albourne with respect to your access to and use of the Albourne Indices Site, the Albourne Indices, the Albourne Marks and the Content and supersedes all prior agreements, understandings and negotiations, whether oral or written, with respect to the Albourne Indices Site, the Albourne Indices, the Albourne Marks and the Content.

Albourne may unilaterally terminate these Terms and discontinue your access to the Albourne Indices Site at any time, with or without cause or advance notice. You agree that, upon termination You will destroy all materials you obtained from the Albourne Indices Site and immediately cease usage of the Albourne Indices Site, the Albourne Indices, the Albourne Marks and the Content. All rights granted to You under these Terms shall terminate immediately in the event that you engage in a Prohibited Use or breach or fail to comply with any provision of these Terms.

No waiver by Albourne of any breach or default of these Terms shall be deemed to be a waiver of any preceding or subsequent breach or default of these Terms. No failure by Albourne to exercise any rights under these Terms shall constitute a waiver of Albourne’s rights unless there is a written waiver of such rights.

In the event that one or more of the provisions contained in these Terms is found in any respect to be invalid, illegal or unenforceable, in whole or part, such provision or part of such provision will be deemed not to form part of these Terms and, if necessary, will be amended to the extent necessary to give effect to the spirit of these Terms as far as possible. All other provisions contained in these Terms will remain in full force and effect.

These Terms shall be governed by and construed under the laws of England and Wales.