Index
Provider and License
S&P Dow Jones
Indices (“S&P”) is a leading provider of global indexes and benchmark
related products and services to investors worldwide. S&P is not affiliated
with the Trust, the Advisor, The Bank of New York Mellon, the Distributor or any
of their respective affiliates.
The Advisor has
entered into a license agreement with the Index Provider to use the Underlying
Index. All license fees are paid by the Advisor out of its own resources and not
the assets of the fund.
Disclaimers
The S&P ESG High Yield Dividend
Aristocrats Index is a product of S&P Dow Jones Indices LLC or its
affiliates (“SPDJI”) and has been licensed for use by the fund. Standard &
Poor’s®, S&P® and Dividend Aristocrats® are registered trademarks of
Standard & Poor’s Financial Services LLC (“S&P”) and Dow
Jones® is a registered trademark of Dow
Jones Trademark Holdings LLC (“Dow Jones ”). The trademarks have been licensed
to SPDJI and have been sublicensed for use for certain purposes by the Advisor.
The fund is not sponsored, endorsed, sold or promoted by SPDJI, Dow Jones,
S&P, or any of their respective affiliates (collectively, “S&P Dow Jones
Indices”). S&P Dow Jones Indices does not make any representation or
warranty, express or implied, to the owners of the fund or any member of the
public regarding the advisability of investing in securities generally or in the
fund particularly or the ability of the Underlying Index to track general market
performance. S&P Dow Jones Indices only relationship to the Advisor with
respect to the Underlying Index is the licensing of the Index and certain
trademarks, service marks and/or trade names of S&P Dow Jones Indices and/or
its licensors. The Underlying Index is determined, composed and calculated by
S&P Dow Jones Indices without regard to the Advisor or the fund. S&P Dow
Jones Indices has no obligation to take the needs of the Advisor or the owners
of the fund into consideration in determining, composing or calculating the
Underlying Index. S&P Dow Jones Indices is not responsible for and have not
participated in the determination of the prices, and amount of the fund or the
timing of the issuance or sale of the fund or in the determination or
calculation of the equation by which the fund is to be converted into cash,
surrendered or redeemed, as the case may be. S&P Dow Jones Indices has no
obligation or liability in connection with the administration, marketing or
trading of the fund. There is no assurance that investment products based on the
Underlying Index will accurately track index performance or provide positive
investment returns. S&P Dow Jones Indices LLC is not an investment advisor.
Inclusion of a security within an index is not a recommendation by S&P Dow
Jones Indices to buy, sell, or hold such security, nor is it considered to be
investment advice.
S&P DOW JONES
INDICES DOES NOT GUARANTEE THE ADEQUACY, ACCURACY, TIMELINESS AND/OR THE
COMPLETENESS OF THE UNDERLYING INDEX OR ANY DATA RELATED THERETO OR ANY
COMMUNICATION, INCLUDING BUT NOT LIMITED TO, ORAL OR WRITTEN COMMUNICATION
(INCLUDING ELECTRONIC COMMUNICATIONS) WITH RESPECT THERETO. S&P DOW JONES
INDICES SHALL NOT BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR ANY ERRORS,
OMISSIONS, OR DELAYS THEREIN. S&P DOW JONES INDICES MAKES NO EXPRESS OR
IMPLIED WARRANTIES, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR AS TO RESULTS TO BE OBTAINED BY
THE ADVISOR, OWNERS OF THE FUNDS, OR ANY OTHER PERSON OR ENTITY FROM THE USE OF
THE UNDERLYING INDEX OR WITH RESPECT TO ANY DATA RELATED THERETO. WITHOUT
LIMITING ANY OF THE FOREGOING, IN NO EVENT WHATSOEVER SHALL S&P DOW JONES
INDICES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, TRADING
LOSSES, LOST TIME OR GOODWILL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.
THERE ARE NO THIRD PARTY BENEFICIARIES OF ANY AGREEMENTS OR ARRANGEMENTS BETWEEN
S&P DOW JONES INDICES AND THE ADVISOR, OTHER THAN THE LICENSORS OF S&P
DOW JONES INDICES.