LAST UPDATED: July, 2020
- Account means a unique account created for You to access our Website or parts of our Website.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Simplify Asset Management Inc., 54 W 40th St, New York, NY 10018.
- Country refers to: New York, United States
- Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
- Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Website.
- Website refers to Simplify and Simplify ETFs, accessible from https://www.simplify.us/ and https://www.simplifyetfs.com/
- You means the individual accessing or using the Website, or the company, or other legal entity on behalf of which such individual is accessing or using the Website, as applicable.
These are the Terms governing the use of this Website and the agreement that operates between You and the Company. These Terms set out the rights and obligations of all users regarding the use of the Website.
Your access to and use of the Website is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Website.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. We suggest checking periodically for changes.
By accessing or using the Website You agree to be bound by these Terms. If You disagree with any part of these Terms then You may not access the Website.
The content on this Website is presented only as of the date published or indicated and may be superseded by subsequent market events or other circumstances. You are responsible for refreshing your screen or setting/clearing the cache settings on your internet browser to ensure you are viewing the most current content.
General Notice to Users
While we appreciate your comments and feedback, please be aware that any form of testimony from current or past clients about their experience with our firm on our website or social media platforms is strictly forbidden under current securities laws.
Indices are typically not available for direct investment, are unmanaged, and do not incur fees or expenses.
All opinions and views constitute judgments as of the date of writing without regard to the date on which the reader may receive or access the information and are subject to change at any time without notice and with no obligation to update.
The Funds described on this website are offered only by a current prospectus. You may access the prospectus for the Funds by selecting the link at the bottom of each page of this website. The prospectus contains more complete information on the Funds, including information on its investment objectives, strategies, risks, and advisory fees and other expenses; you should read the prospectus carefully before deciding to invest in a Fund.
Past performance does not guarantee future results. The value of investments and any income from them may go down as well as up. Shares are not insured by the FDIC, Federal Reserve, or any other government agency, and are subject to investment risks, including possible loss of the principal amount invested.
Any ETF Holdings shown are for illustrative purposes only and are subject to change at any time. This material is for informational and illustrative purposes only and is intended solely for the information of those to whom it is distributed by the Company. No part of this material may be reproduced or retransmitted in any manner without the prior written permission of the Company.
Investing entails risks, including possible loss or some or all of the investor’s principal. The investment views and market opinions/analyses expressed herein may not reflect those of the Company as a whole and different views may be expressed based on different investment styles, objectives, views or philosophies. To the extent that these materials contain statements about the future, such statements are forward looking and subject to a number of risks and uncertainties.
No Advice/No Offer
This Website is not intended to provide you with investment, tax, insurance, or legal advice. The content herein is for informational and educational purposes only and should not be considered a solicitation, advice of any nature, offer or a recommendation for any security in any jurisdiction where such offer, solicitation or recommendation would be unlawful or unauthorized. Additionally, certain tools may be made available to you via this Website to provide you with general guidance. To the extent such tools are made available to you, you are solely responsible for determining whether any product, security, or services is appropriate or suitable for you or your customer. We will not treat Website users as clients by virtue of accessing the Website. Users of this Website should seek the advice of their independent financial adviser, or such other adviser, prior to making any investment decision on the basis of any information contained herein and no information herein constitutes general or specific investment, legal, tax or advice of any kind. Investment professional sections of the Website are intended for investment professional use only. Any person who is not an investment professional should not view, act, or rely on the information on the investment professional section of the Website. We assume no responsibility for such person's incorrect use of the Website.
Copyrights and Restrictions on Use
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
This information contained herein has been prepared by the Company on the basis of publicly available information, internally developed data and other third-party sources believed to be reliable. The Company has not sought to independently verify information obtained from public and third-party sources and makes no representations or warranties as to accuracy, completeness or reliability of such information.
The Website is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Website will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages or injury caused by any performance, failure of performance, loss of profits, loss of data, loss of privacy, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information, whether resulting, in whole or in part from breach of contract, negligence, or otherwise that may result from Your use or Your inability to use this Website or any content found on this Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount paid by you, if any, for accessing this website.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
You Represent, Warrant & Indemnify
You represent and warrant to us that you will not use this Website for any purpose that is unlawful or prohibited under the Terms. As a condition of your use of this Website, you also agree to indemnify and hold us and our affiliates, and their respective officers, directors, trustees, employees and agents harmless from and against any and all claims, losses, liability, costs and expenses, including but not limited to, attorneys' fees, arising from your use of our Website or from your violation of these Terms.
Access and Password Security
Certain sections or content of this website may be passwords protected or require a login. When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Website.
You are responsible for safeguarding the password that You use to access the Website and for any activities or actions under Your password, whether Your password is with Our Website or a Third-Party Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
We reserve the right to monitor any and all of your use of this Website.
Third Party Content & Links
Our Website may contain links to third-party websites or services that are not owned or controlled by the Company. Any third party websites provided are strictly for informational purposes and for convenience. These third party websites are publicly available and do not belong to the Company. We do not administer the content or control it. We cannot be held liable for the accuracy, time sensitive nature, or viability of any information shown on these sites. The material in these links are not intended to be relied upon as a forecast or investment advice by the Company, and does not constitute a recommendation, offer, or solicitation for any security or any investment strategy. The appearance of such third-party material on our website does not imply our endorsement of the third party website. We are not responsible for your use of the linked site or its content.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms.
Upon termination, Your right to use the Website will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Website.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Website. Your use may also be subject to other local, state, national, or international laws.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
If you have any questions about these Terms and Conditions, contact us