WEBSITE TERMS OF USE

By accessing and using this S&P Trucost Limited (“Trucost”, “us”, “we”, or “our”) website (at trucost.com) (“Website”) you acknowledge that you understand and agree to the following terms and conditions (“Terms of Use”) and Privacy and Cookie Policy.  The Privacy and Cookie Policy forms part of these Terms of Use and is incorporated by reference.  Please review the Privacy and Cookie Policy to understand the controls in place to protect the privacy and security of your information.

If you do not agree to these Terms of Use and the Privacy and Cookie Policy, you are not authorised to access and use this Website and you should not use this Website.

Your use of this Website, including all text, data, reports, images, photos, graphics, charts, animations and videos (collectively “Content”) contained in, connected to or accessible via this Website, is subject to these Terms of Use.

We reserve the right to make changes to these Terms of Use and Privacy and Cookie Policy, at any time and without any notice to you.  New or revised Terms of Use, which may also include changes to or a new Privacy and Cookie Policy, shall be posted to the Website.  These Terms of Use were last updated on 31 January 2017.  We reserve the right to make changes to, amend or discontinue publication of the whole or any part of this Website and/or the Content.  These Terms of Use will survive any such discontinuation.

1. USE OF THE WEBSITE

Trucost grants you a non-exclusive, non-transferable, limited, revocable license to access and use the Website and the Content for non-commercial personal use subject to these Terms of Use.

You agree not to remove, obliterate, copy, reproduce, modify, adapt, display, perform, publish, distribute, transmit, broadcast, circulate, create derivative works from, store, or link to the Website or any Content without the express prior written consent of Trucost (which may be in the form of an email).  To request consent for uses such as linking to Content on your website, please contact Trucost at Trucostinfo@spglobal.com. Without limiting the foregoing, the Content may not be used in connection with the creation, structuring, development, calculation, compilation, publication or distribution of any financial instrument or product (including, without limitation, passively managed funds and indexed-linked derivative securities) nor to create any derivative works nor to create any other data or index or investment strategy.

You may be required to enter into a license agreement or subscription agreement with Trucost in order to access certain Content on the Website. In the event that you have entered into a separate agreement with Trucost regarding your access to, use, and distribution of the Content, the terms of such separate agreement will govern in the event of a conflict with these Terms of Use, to the extent of such conflict. If you wish to access subscription-only Content, please contact Trucost at Trucostinfo@spglobal.com.

2. INTELLECTUAL PROPERTY RIGHTS OF TRUCOST

Trucost is an affiliate of S&P Dow Jones Indices LLC (“SPDJI”) and Trucost and SPDJI are members of a group of companies headed by S&P Global Inc. The Website and the Content are the property of Trucost, its affiliates, or their third party licensors, and are protected by copyright and other applicable intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the Website and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the “Marks”) displayed on the Website may be registered or unregistered marks of Trucost, its affiliates, or their third party licensors. Nothing contained on this Website should be construed as granting any license or right to use any of the Marks displayed on the Website without the express written permission of Trucost or the third party owner of such Marks.

These Terms of Use are no intended to, and will not, transfer or grant any rights in or to the Content other than those which are specifically described herein, and all rights not expressly granted herein are reserved by Trucost or the third party providers from whom Trucost has obtained the Content.

3. CONTRIBUTIONS TO THIS WEBSITE

Where you elect, or are invited, to submit any contribution or material to the Website (including any text, message board content, photographs, content, graphics, video, audio or logo) (“Contribution”) or otherwise consent to the use of the Contribution, then by submitting or consenting to its use, you grant Trucost, and its affiliates, a perpetual, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your Contribution worldwide and/or to incorporate your Contribution in other works in any media now known or later developed for the full term of any rights that may exists in your Contribution.  If you do not want to grant Trucost the rights set out above, please do not submit your Contribution to the Website.  Trucost shall have no liability to you for any misuse by any third party of any Contribution that is distributed by Trucost through the Website or in respect of any infringement of the intellectual property rights in any Contribution by any third party.

By submitting your Contribution to the Website, you:

Trucost, at its sole discretion, shall determine whether any Contribution submitted into the Website violates these Terms of Use. While Trucost has no obligation to monitor or pre-screen the Contribution, it may be pre-screened and otherwise monitored to ensure compliance with these Terms of Use. Trucost reserves the right to discontinue your access to this Website either with or without notice if Trucost has a reasonable basis to believe that you are accessing or using the Website or the Content in violation of these Terms of Use.  You also agree and understand that Trucost may preserve and disclose Content and / or Contribution, with or without notice to you, if, in Trucost’s sole discretion, such action is reasonably necessary to: (a) comply with applicable law; (b) enforce these Terms of Use; (c) respond to claims that a user has violated the rights of third parties; or (d) protect the rights, interests, property, or safety of Trucost, users, or others. Your use of the Website constitutes your consent to such monitoring and disclosure.

4. ANTI-HACKING PROVISION

You expressly agree not to:

5. REGISTRATION

As part of the registration process, you may be required to select a user name and password.  In connection with the registration process, you must provide Trucost with accurate, complete, and updated information. Failure to do so constitutes a breach of these Terms of Use, which may result in immediate termination of your access. Please see our Privacy and Cookie Policy for details regarding how this information will be used and maintained.

6. LIMITATION ON WARRANTIES AND LIABILITY

You are entirely liable for activities conducted by you in connection with browsing and using the Website. If you are dissatisfied with the Website or with these Terms of Use, your sole and exclusive remedy is to stop using the Website. Neither Trucost, nor its affiliates, or any third party provider will pay you any damages in connection with your browsing or use of the Website.

Nothing in these Terms of Use shall limit or exclude our liability to you for death or personal injury caused by our negligence or for fraudulent misrepresentation or any other liability that may not, under English law, be limited or excluded. Subject to this, if you are a consumer and not a business user, in no event shall we be liable to you for any business losses, and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable, and if you are a business user, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses.

The opinions, observations, and analysis of Trucost and its affiliates contained in the Content are statements of opinion as of the date they are expressed and not statements of fact or recommendations to purchase, hold, or sell any securities or make any investment decisions. Trucost assumes no obligation to update any Content following publication. Users of the Content provided through this Website should not rely on any of it in making any investment decision. Trucost’s opinions, observations and analyses do not address the suitability of any security. Trucost does not act as a fiduciary or an investment advisor. While Trucost has obtained information from sources it believes to be reliable, Trucost does not perform an audit of such information and undertakes no duty of due diligence or independent verification of any information it receives.

7. ADDITIONAL LEGAL TERMS

Unless you have entered into a separate license agreement or subscription agreement with Trucost related to your access to, use, and/or distribution of the Content (see Section 1 above), these Terms of Use constitutes the entire agreement between you and Trucost relating to the Website, the Content, and the Contributions and supersedes any and all other agreements, oral or in writing, with respect to the Website, the Content, and the Contributions. The failure of Trucost to insist upon strict compliance with any term of these Terms of Use shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. If any provision in these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. These Terms of Use, your rights and obligations, and all claims or actions related to these Terms of Use shall be governed by the laws of England. You agree that the courts of England shall be the exclusive forum for any dispute arising out of these Terms of Use and you hereby consent to the personal jurisdiction of such courts. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.  A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings.

As you browse through this Website, you may access other web sites that are subject to different terms of use. When you use those sites, you may be legally bound by the specific terms of use posted on such sites. If there is a conflict between these Terms of Use and those other terms of use, the other terms of use will govern with respect to use of such other sites.

We cannot guarantee the continuous, uninterrupted or error-free availability or operability of the Website, including the Content. There may be times when all, or certain features, or parts, of the Website, including the Content, becomes unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Website, or any features or parts of the Content.

When using the Website, data may be transmitted over an open network which may allow such communications to be intercepted by third parties. As a result, we cannot guarantee the confidentiality or security of any communication or data that you may transmit to us through the Website.

8. DIGITAL MILLENNIUM COPYRIGHT ACT NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that Content or Contribution published on this Website is infringing, please notify Trucost at Trucostinfo@spglobal.com.  You may also send a notice to S&P Trucost Limited, 20 Canada Square, London E14 5LH Attn. Legal Department. We will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of the infringing activity.