Thank you for visiting the Prime Indexes website, owned and operated by Level ETF Ventures LLC (“LEV”).  By accessing and using this website, you agree to be legally bound by these Terms of Use and you represent that you are 18 years or older. If any of these terms are unacceptable to you, you may not access this website until agreement has been reached between you and LEV as to the applicable terms of use.

The terms “you” and “User” refer to anyone who accesses this website.  The terms “we”, “us”, “Prime Indexes” and “LEV” refer to Level ETF Ventures LLC.

Subject to applicable laws and regulations, LEV may change these Terms of Use at any time without notice. Changes will be posted to this URL. Your use of this website after any changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes. Therefore, you should read these Terms of Use from time to time for changes.

1. USE OF THE WEBSITE

LEV grants you a non-exclusive, non-transferable, limited, revocable license to access and use the website and its Content (as defined below) subject to the terms set forth below.

The content of the website includes, but is not limited to, text, data, reports, images, photos, graphics, graphs, charts, animations, and videos (collectively, the “Content”).

You agree not to copy, reproduce, modify, 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 LEV.  To request consent for uses such as linking to Content on your website, please use contact information provided on the Prime Indexes website.  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 or any index or investment strategy.

2. INTELLECTUAL PROPERTY RIGHTS OF LEV

The website and the Content are the property of LEV, its affiliates, and are protected by copyright and other 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 LEV, 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 LEV’s express written permission.

3. THE USER’S CONTENT

Material that appears on the website that is entered by you or other Users is referred to as “User Content” or “Other Content”).

You grant to LEV the non-exclusive worldwide right to use, publish, distribute, and/or repurpose all material entered, submitted, uploaded, or transmitted into the website and website’s electronic mail by you (other than third-party material transmitted through private electronic mail). You will not receive any compensation from LEV, its agents, or its affiliates in connection with your submission of Other Content to the website.

Users submitting Other Content into the website are responsible for the content of that material. Neither LEV nor any of its agents or affiliates have any responsibility for Other Content.

You agree (a) to use the website in accordance with these Terms, and (b) that you will not: (i) transmit any Other Content that is unlawful, threatening, abusive, libelous, defamatory, tortious, obscene, vulgar, pornographic, harassing, profane, invasive of another’s privacy, indecent, bigoted, hateful, or racially, ethnically, sexually or otherwise offensive; (ii) impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity; (iii) transmit any Other Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (iv) disrupt others’ normal use of the website; (v) transmit any information, software or other material which contains a virus or other harmful component; (vi) transmit or in any way exploit any information, software or other material for commercial or political purposes; (vii) transmit any information, software or other material which contains advertising (including but not limited to “junk mail” or “pyramid schemes”), or any other form of solicitation; (viii) access (or attempt to access) another User’s account or access (or attempt to access) areas to which you are not authorized access; or (ix) use the website to violate or attempt to violate, or assist any other person or entity in violating or attempting to violate, any contractual obligations you have with LEV, including, without limitation, any confidentiality, non-solicitation or non-competition agreements between you and LEV.

Be advised that LEV, at its sole discretion, shall determine whether any Other Content submitted into the website violates these Terms of Use. While LEV has no obligation to monitor or pre-screen the Other Content, Other Content on this website may be pre-screened and otherwise monitored to ensure compliance with these Terms of Use. LEV reserves the right to discontinue your access to this website either with or without notice if LEV 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 LEV may preserve and disclose Content and Other Content if, in LEV’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 LEV, Users, or others. Your use of the website constitutes your consent to such monitoring and disclosure.

You agree to indemnify LEV, its affiliates, its agents, and any third party Content providers from all damages, liabilities, costs, charges and expenses, including reasonable attorneys’ fees, that LEV, its affiliates, its agents, and any third party Content providers may incur as a result of either: (i) your breach of these Terms of Use; or (ii) the submission of Other Content into the website or transmittal of Other Content to an electronic mail address affiliated with LEV or the Prime Indexes website.

4. ANTI-HACKING PROVISION

You expressly agree not to:

• use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data-mining,” “computer code” or any other automated device, program, tool, algorithm, process, or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the website, or Content found on or accessed through the website or any Other Content without the prior express written consent of LEV;
• obtain or attempt to obtain through any means any materials or information on the website that have not been intentionally made publicly available either by their public display on the website or through their accessibility by a visible link on the website;
• violate the restrictions in any robot inclusion headers on this website or in any way bypass or circumvent any other measure employed to limit or prevent access to the website or its Content;
• violate the security of the website or attempt to gain unauthorized access to the website, its Content and Other Content, or the computer systems, networks or servers of LEV or its agents and affiliates, or by any other means;
• interfere or attempt to interfere with the proper working of the website or any activities conducted on or through the website, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the website; and/or
• take or attempt any action that, in the sole discretion of LEV, imposes or may impose an unreasonable or disproportionately large load or burden on the website or LEV’s (or its agents’) infrastructure.

5. 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 LEV nor any third party provider will pay you any damages in connection with your browsing or use of the website.

Access to the website and all Content is provided “as is”. Neither LEV, nor its affiliates, agents, nor their third party providers guarantee the accuracy, completeness, timeliness or availability of any information provided through this website including the Content and Other Content. LEV, its affiliates, agents, or third party providers and their directors, officers, shareholders, employees or agents are not responsible for any errors or omissions, regardless of the cause, or for the results obtained from the use of the website, the Content and/or Other Content. LEV, ITS AFFILIATES, AGENTS, AND ANY OF THEIR THIRD PARTY PROVIDERS DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE WEBSITE INCLUDING the Content and Other Content. In no event shall LEV, its affiliates, agents, or their third party providers and their directors, officers, shareholders, employees or agents be liable to any party for any direct, indirect, incidental, exemplary, compensatory, punitive, special or consequential damages, costs, expenses, legal fees, or losses (including, without limitation, lost income or lost profits and opportunity costs) in connection with any use of the website, the Content and/or Other Content even if advised of the possibility of such damages.

The opinions, observations, and analysis of LEV and its affiliates and agents 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. LEV 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. LEV’s opinions, observations, and analyses do not address the suitability of any security. LEV does not act as a fiduciary or an investment advisor. While LEV has obtained information from sources it believes to be reliable, LEV does not perform an audit and undertakes no duty of due diligence or independent verification of any information it receives.

6. ADDITIONAL LEGAL TERMS

Subject to applicable laws and regulations, LEV may discontinue or change the Prime Indexes or the Prime Indexes website or their availability to you, at any time. These Terms of Use will survive any such discontinuation.

Unless you have entered into a separate license agreement or subscription agreement with LEV related to your access to, use, and/or distribution of the Content (see Section 6 above), these Terms of Use constitutes the entire agreement between you and LEV relating to the website, the Content, and Other Content and supersedes any and all other agreements, oral or in writing, with respect to the website, the Content, and Other Content. The failure of LEV 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 the United States of America and the State of LEV’s choice. The parties agree that the State of LEV’s choice and Federal courts shall be the exclusive forums for any dispute arising out of these Terms of Use and the parties hereby consent to the personal jurisdiction of such courts. 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 websites 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.