MFIA Terms of Use

USER AGREEMENT

These terms and conditions are between you and Motley Fool Investment Analytics, LLC ("MFIA," "we," or "us"), and they apply to and govern your use of the MFIA website, located at http://foolindices.com (the "Site"). Your use of the Site signifies your agreement to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions of use, you may not access or otherwise use the Site.

MFIA may periodically change these terms and conditions, and any such changes will be effective immediately upon posting. We suggest that you periodically check these terms and conditions for changes. You may contact MFIA by email via ops@foolanalytics.com with questions about the terms and conditions of this User Agreement.

Limited license and restrictions on use

MFIA grants you a revocable, non-exclusive, non-transferable, limited right to access, use, display, and print the pages within the Site and the materials thereon for your personal and informational use only, provided that you comply fully with these terms and conditions of use.

Commercial Restrictions: Use of the Site's Content (as defined below) to create, manage, or offer any financial product or service—including, but not limited to, exchange-traded funds (ETFs), mutual funds, derivatives, or separately managed accounts (SMAs)—is strictly prohibited without a separate, express written licensing agreement with MFIA.

At any time, and for any reason, we may revoke your right to use all or any portion of the Site. You shall not:

Modify, delete, copy, reproduce, repackage, publish, broadcast, license, transmit, distribute, display, perform, redeliver, frame, create derivative works from, participate in the transfer or sale of, post on the Web, or exploit the Site, or any portions thereof, including, without limitation, any text, index data, methodologies, scoring systems, images, or graphics (together, "Content"), without our express written permission;
Violate or attempt to violate the security of the Site;
Use any automated means, including agents, robots, scripts, or spiders, to access, monitor, copy, or harvest data from any part of the Site or its underlying index methodologies;
Decompose, decompile, reverse-engineer, or otherwise deconstruct all or any portion of the Site.

Ownership and intellectual property policy

MFIA owns, controls, licenses, or has the right to use and provide the Site and all Content on the Site, including its proprietary quantitative indices and methodologies. The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. We own the copyright in the entire Site, including the selection, coordination, arrangement, and enhancement of the Content.

The Site may also contain trademarks or service marks owned by MFIA or its affiliates (including The Motley Fool, LLC). You may not use any such marks without our written permission.

Links to Affiliates

The Site may contain links to other websites, including those of our affiliates, Motley Fool Asset Management, LLC (MFAM) ("Linked Sites"). These links are provided for your convenience only. These links do not constitute an endorsement by MFIA. Accessing Linked Sites is at your own risk. MFIA is not responsible for information on any Linked Site, and your relationship with such affiliates is governed by their respective terms and privacy policies.

All Content is for informational and educational purposes only. MFIA is an index provider and not an SEC-registered investment adviser. We provide impersonal, rules-based financial information and do not provide investment advice or act as a fiduciary.

No Offer or Solicitation: Nothing on the Site is an offer or solicitation to buy or sell any security.
No Recommendations: Although the Site includes index data and research-driven methodologies, nothing on the Site is a recommendation that you purchase, sell, or hold any security, or that you pursue any specific investment style or strategy.
Publisher's Exclusion: MFIA operates under the "publisher's exclusion" from the definition of an investment adviser under Section 202(a)(11)(D) of the Investment Advisers Act of 1940.
Suitability: We do not make representations as to whether any security or investment is suitable for you. You bear sole responsibility for evaluating the merits and risks of using any Content on this Site.
Performance: THE PAST PERFORMANCE OF ANY INDEX, INVESTMENT STRATEGY, OR INVESTMENT STYLE IS NOT INDICATIVE OF FUTURE PERFORMANCE. Index performance prior to its launch date represents hypothetical, back-tested data.

Privacy policy

MFIA will abide by its Privacy Policy. Personal information that we gather from you, including identifiers collected through cookies or forms, will be governed by our Privacy Policy. We have the right but not the obligation to monitor Site activity and report suspected violations of law to the appropriate regulators or law-enforcement officials.

Unavailability of the site

MFIA is not liable for technological problems or data interceptions. We make reasonable efforts to ensure the Site is secure and available but do not guarantee that the Site will be free from viruses, delays, or errors.

Warranty disclaimers

MFIA DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE. THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY, COMPLETENESS, OR TIMELINESS OF INDEX DATA.

Liability and indemnity

MFIA'S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT WILL MFIA OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE SITE.

You agree to indemnify MFIA and its affiliates against any and all losses, claims, and expenses (including reasonable attorneys' fees) arising from your breach of this User Agreement or your unauthorized use of MFIA Content or index methodologies.

Non-U.S. residents and applicable law

The Site is hosted in the United States. MFIA does not claim that materials on this Site are appropriate for use outside the United States. If you choose to access the Site from outside the United States, you do so at your own risk and are responsible for compliance with local laws. Each index and service referred to on this Site is intended for use by residents of the United States.

These terms shall be governed by the laws of the State of New York, without regard to conflicts of law provisions. The sole and exclusive jurisdiction for any action arising out of these terms shall be an appropriate state or federal court located in New York County, New York.

Severability and entire agreement

If any provision is found unenforceable, it shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force. This User Agreement constitutes the entire understanding between you and MFIA concerning the Site.

Assignment

We may assign these terms and conditions in whole or in part at any time without your consent. You may not assign these terms or delegate your obligations.