Terms of Use

Effective date: November 7, 2022

Introduction

Please read these Terms of Use (collectively with the Kurv Privacy Notice, which can be found at: www.kurvinest.com/privacy-policy) carefully before using this website (the “Site”). These website Terms of Use govern your access to and use of this Site and other websites, applications, and services provided by Kurv Investment Management LLC (“Kurv” or “We”). By accessing the Site or otherwise using the Site, you acknowledge that you have read, fully understand, agree to, and will be bound by these Terms of Use. If you do not agree to be bound by these Terms of Use, you will not be able to use the Site or access any content.

Acceptance of Terms of Use

By using the Site in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Use and all other operating rules, policies, and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. These Terms of Use apply to all users of the Site. ARBITRATION AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Eligibility

You represent and warrant that you are at least 13 years of age, that your parent or legal guardian agrees to be bound by these Terms of Use if you are between 13 and the age of legal majority in your jurisdiction of residence, and that you are not prohibited from using the Site. We may, in our sole discretion, refuse to offer use of the Site to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules, and regulations applicable to you.

Content

For purposes of these Terms of Use, the term “Content” includes, without limitation, fund fact sheets, prospectus’, research, blogs, and other information, data, text, photographs, charts, videos, audio clips, other files, written posts, graphics, and interactive features generated, provided or otherwise made accessible on or through the Site.

License and Intellectual Property

The Site is owned and operated by Kurv. Unless otherwise indicated, all Content, information, and other materials on the Site are protected by relevant intellectual property and proprietary rights and laws. All Content and other materials are the property of Kurv or its subsidiaries or affiliated companies and/or third party licensors. Unless otherwise expressly stated in writing by Kurv, by agreeing to these Terms of Use you are granted a limited, non-sublicensable license (i.e., a personal and limited right) to access and use the Site for your personal use.

Kurv reserves all rights not expressly granted in these Terms of Use. This license is subject to these Terms of Use and does not permit you to engage in any of the following: (a) resale or commercial use of the Site or the Content; (b) distribution, public performance or public display of any Content; (c) modifying or otherwise making any derivative uses of the Site or the Content, or any portion of them; (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the Site, the Content, or any information contained in them, except as expressly permitted on the Site; or (f) any use of the Site or Content except for their intended purposes. Any use of the Site or Content except as specifically authorized in these Terms of Use, without the prior written permission of Kurv, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms of Use, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or other legal principles.

Availability of Content

We do not guarantee that any Content will be made available on the Site. We reserve the right to, but do not have any obligation to, (a) monitor, remove, edit, or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Use), or for no reason at all and (b) to remove or block any Content from the Site.

DMCA Copyright Policy

We respect the intellectual property of others and follow the requirements set forth in the Digital Millennium Copyright Act and other applicable laws. The address to Receive Notification of Claimed Infringement is listed at the end of this section. If you believe that material or content residing on or accessible through the Site infringes a copyright, please send a notice of copyright infringement containing the following information: a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; identification of works or materials being infringed; identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence; contact information about the notifier including address, telephone number and, if available, e-mail address; a statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and a statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner. Please Contact Us to receive notification of claimed infringement. We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there may be penalties for false claims under the DMCA. DMCA details are available at https://www.copyright.gov/onlinesp.

Third Party Services

The Site may permit you to link to or share Content with other websites, services, or resources on the Internet, including, but not limited to, Facebook, Twitter, and LinkedIn. Other websites, services, or resources may contain links to the Site and Content. When you access third-party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such websites or resources. The inclusion of any such link or ability to share Content does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource.

Privacy

Your privacy is important to us. Please see our Privacy Notice to learn how we collect, use, and disclose your personal information.

Warranty Disclaimer

We have no special relationship with or duty to you. You acknowledge that we have no duty to take any action regarding: which users gain access to the Site, what Content you access via the Site, or how you may interpret or use the Content. You release us from all liability for you having acquired or not acquired Content through the Site. We make no representations concerning any Content contained in or accessed through the Site, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Site.

YOU UNDERSTAND AND AGREE THAT THE KURV SITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. KURV MAKES NO REPRESENTATIONS AND DISCLAIMS ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. KURV DOES NOT WARRANT THAT THE KURV WEBSITE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, KURV MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH KURV’S WEBSITE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND KURV IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM KURV SHALL CREATE ANY WARRANTY ON BEHALF OF DREAM: SUCCESS. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You shall defend, indemnify, and hold harmless us, our respective affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from and against any and all liabilities, claims, damages, judgments, awards, losses, costs, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of the Site, Content, or otherwise from your violation of these Terms of Use or Privacy Notice, your noncompliance with applicable law, or your infringement of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, NOR OUR RESPECTIVE, AFFILIATES AND EACH OF OUR AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE WEBSITE OR CONTENT, WHETHER SUCH DAMAGES WERE FORESEEABLE OR KURV WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (I) FOR ANY LOST PROFITS, PROPERTY DAMAGE, DATA LOSS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) FOR ANY BUGS, VIRUSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF TEN DOLLARS ($10.00) (IN THE AGGREGATE). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

YOU ACKNOWLEDGE AND AGREE THAT KURV HAS OFFERED THE WEBSITE AND OTHER CONTENT, AND ENTERED INTO THESE TERMS OF USE IN RELIANCE UPON THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND KURV, AND THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND KURV. KURV WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

Arbitration

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF USE, YOUR USE OF THE WEBSITE, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF DELAWARE. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. The location of the arbitration shall be San Francisco, California. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site, Privacy Notice or these Terms of Uses must be filed within one (1) year after such claim of action arose or be forever banned. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.

Governing Law and Jurisdiction

All disputes arising out of or related to the use of the Site or Content, as permitted following the mandatory arbitration described above, shall be brought in the state or federal courts located in San Francisco, CA, and you hereby irrevocably consent to the exclusive jurisdiction and venue thereof. These Terms will be construed in accordance with the laws of the State of Delaware without regard to its conflict of law principles.

Modification

We reserve the right, in our sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Site (including without limitation, the availability of any feature, database, or content) at any time. We may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. It is also your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following notification of any changes to these Terms of Use constitutes acceptance of those changes.

Force Majeure

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

Assignment

These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

Agency

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.

No Waiver

Our failure to enforce any part of these Terms of Use shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Use. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

Entire Agreement and Severability

These Terms of Use are the entire agreement between you and us with respect to the Site and supersede all prior or contemporaneous communications (whether oral, written, or electronic) between you and us with respect to the Site. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Contact Us

You may contact us at the following address: info@kurvinvest.com

Last Updated: November 7, 2022

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Kurv Invest ahead

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Please read this page before proceeding, as it explains certain restrictions imposed by law on the distribution of this information and the countries in which the funds are authorized for sale. By proceeding, you are confirming you understand that Kurv Investment Management LLC or its affiliates (collectively, “Kurv”), makes no representation that the content of the website is appropriate for use in all locations, or that the transactions, securities, products, instruments or services discussed at this website are available or appropriate for sale or use in all jurisdictions or countries, or by all investors or counterparties.

This section of the website is operated by Kurv, and is only directed at U.S. investors or those otherwise authorized to conduct investment business in the U.S. Persons resident in territories other than the United States should not access this website.

It is your responsibility to be aware of and to observe all applicable laws and regulations of any relevant jurisdiction. Certain of the funds and advisory products and services referenced on this website may be managed or offered/provided by affiliates of Kurv. Additionally, certain of the funds described in the following pages may be marketed in certain jurisdictions only. Any entity forwarding the material or information contained on this website, which is produced by Kurv in the United States, to other parties takes full responsibility for ensuring compliance with applicable securities laws in connection with its distribution.

This website only includes information on those funds that are registered for sale in the United States.

By accessing this website, you are confirming that you agree to the Terms and Conditions of this website and that you are resident in the United States or those otherwise authorized to conduct investment business in the U.S.

The contents of this website have been prepared for informational purposes only without regard to the investment objectives, financial situation, or means of any particular person or entity, and Kurv is not soliciting any action based upon them. No information included on this website is to be construed as investment advice or as a recommendation or a representation about the suitability or appropriateness of any fund; or an offer to buy or sell, or the solicitation of an offer to buy or sell, any security, financial product, or instrument; or to participate in any particular trading strategy. Kurv recommends that you seek independent financial and tax advice before making any investment decisions. Investment in any of the funds described in this website should only be made on the basis of the terms and conditions of the most recent applicable offering documents (including any relevant supplements).

All material has been obtained from sources believed to be reliable, but its accuracy is not guaranteed. Some of the content on this website may contain certain statements that may be deemed forward-looking statements. Please note that any such statements are not guarantees of any future performance and actual results or developments may differ materially from those projected. From time to time, ARK may also make additional features available to users on this website on such terms and conditions as may be set forth in a modification to this Agreement or otherwise on the ARK website.

The Kurv ETFs are distributed by Foreside Fund Services, LLC (“Foreside“), which is not affiliated with Kurv Investment Management LLC. Check the background of Foreside on FINRA’s BrokerCheck.

You should carefully consider the investment objective, risks, charges and expenses of a Fund before investing. A Fund’s prospectus and summary prospectus contain this and other important information about a Fund, which can be obtained by clicking the corresponding link or dialing the indicated phone number herein. Please read the appropriate prospectus carefully before investing.

GENERAL RISK FACTORS

You should be aware that past performance is not a reliable indicator of future performance. Please note that the price of units or shares and the income from them can fall as well as rise and you may not get back the amount originally invested. Income receivable may vary from the amount of income projected at the time of making the investment.

Exchange rate fluctuations may affect the value of an investment and any income derived from it.

If you exercise any right to redeem, you may not get back the amount initially invested if the unit or share price has fallen since you invested. Deductions for charges and expenses, particularly the initial charge (if any), are not made uniformly throughout the life of the investment, so if you redeem out of the investment during the early years, you may not get back the amount invested.

There can be no guarantee that the tax position or proposed tax position prevailing at the time of an investment will not change. Dividends and capital gains on securities issued in the relevant funds may be subject to withholding taxes imposed by the countries in which each particular fund invests.

The offering documents for the investment funds contain important information summarizing the relevant risk factors pertaining to the investment or relevant funds. Please note, however, that no summary of risk factors is exhaustive, and there may be other risks that could affect your investment. For your own benefit and protection you should read the most recent offering documents (including any relevant supplements) carefully before investing. If you do not understand any point please ask for further information.

The information provided on this website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject any of the funds described herein, ARK (including its affiliates) or any of their products or services to any registration, licensing or other authorization requirement within such jurisdiction or country. Nothing on this website shall be considered a solicitation to buy or sell a security, product or service (including advisory service) to any person.

HYPERLINKS

Kurv does not recommend or endorse and accepts no responsibility for the content of any website not operated by Kurv which you may visit by following a link from this website. You acknowledge and agree that neither Kurv nor any of its affiliates is responsible for the availability of such third-party websites or resources, does not endorse, approve, investigate or verify, and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further agree that neither Kurv nor any of its affiliates shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on such external websites or resources. These links are provided as a convenience and solely for informational purposes. Kurv is not making any recommendation to invest in, purchase, or sell any securities or other products or services offered on the linked websites, nor has Kurv sought to verify or confirm the information contained in the linked websites. Accordingly, Kurv disclaims any responsibility for the linked websites.

No other website, without the prior written permission of Kurv, is authorized to link to any part of this website.

COOKIES

Kurv uses cookies for collecting user information from certain pages of this website. A cookie is a file that is stored on the hard disk of a computer by the web browser on a computer. It contains information sent by the website that a user has visited. A cookie identifies users and can store information about them and their use of a website. Kurv uses cookies to keep track of user activity, which allows Kurv to identify which areas of the website are more interesting to the users so that improvements can be made to this website.Kurv expressly reserves the right to monitor any use of this website.

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