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Terms of Use (last updated 16 June 2017)

Introduction

This site (which includes the investor portal located on it) is operated by Winton Capital Management Limited (“Winton”).  Winton is a company registered in England and Wales with company number 03311531.  Its registered office at 16 Old Bailey, London EC4M 7EG, England and it is authorised and regulated by the UK Financial Conduct Authority.

By using this site, you are agreeing to these terms of use.  Winton may change these terms at any time without further notice to you, and you are responsible for periodically reviewing these terms for updates.  Your continued use of this site constitutes agreement by you to all such changes.

This site is not intended for any person in any jurisdiction where Winton would become subject to licence or registration regulations of that jurisdiction, or the publication or availability of this document is prohibited.  
 

Description of this Site

This site is for informational purposes only.  It is not intended as and should not be construed as financial, investment, tax, legal, regulatory or other advice.

None of the contents of this site is an offer to sell or the solicitation of any offer to buy securities in any investment vehicle or account sponsored, managed and/or advised by Winton (each a “Product”).  It is not an offer or sale of securities in the United States or to, or for the account or benefit of, any US person (as defined in relevant US securities laws, including residents of the United States or partnerships or corporations organised there).  Unless specifically stated, no fund referred to on this site has been registered under the US Investment Company Act of 1940 and no interests therein are registered under the US Securities Act of 1933.
 

Investments

Investments in Products are speculative and involve substantial risks, including the risk of loss of the entire investment.  No guarantee or representation is made that any Product will achieve its investment objective.  Past performance is not indicative of future results. 

Investments in Products are to be made solely on the terms of the relevant prospectus, subscription document and/or other investment agreement (“Legal Documents”) and no reliance should be placed on the contents of this site.  Prospective investors should consider all of the risks of a Product and should therefore carefully review the description of material risks disclosed in the Legal Documents, before deciding to invest.  
 

Intellectual Property

The contents of this site are the intellectual property of Winton and its third party licensors and may not be copied, distributed, uploaded, posted, republished, decompiled, disassembled, reverse-engineered or transmitted in any way without the prior written consent of Winton.  The intellectual property rights in the Winton name and logo are owned by Winton.  Nothing in these terms or on this site should be construed as granting any licence or right to use the Winton name or logo or any other contents of this site.  Winton enforces and will enforce any infringements of its intellectual property rights to the fullest extent permitted by the law.
 

No Warranty

None of Winton, its directors or employees makes any representations or warranties regarding this site or its contents (including but not limited to, with respect to accuracy, adequacy, reliability, timeliness, completeness or suitability) and all contents are provided “as is”.  Winton, to the fullest extent permitted by law, expressly disclaims all representations and warranties, express or implied, as to this site and its contents, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement and availability.  Winton also disclaims liability for errors and omissions in this site and its contents.
 

Liability and Indemnity

In no event shall Winton, its directors or employees be liable for any claims, liabilities, losses, costs or damages of any kind, including (i) direct, indirect, consequential, punitive, exemplary, incidental or special losses or (ii) loss of profit, loss of business, business interruption, loss of business opportunity or loss of data arising out of or in any way connected with (a) your use of or inability to access and/or use this site, (b) the contents of this site, or (c) the contents of any third party sites linked or linking to this site.  The foregoing applies even if Winton, its directors or employees have been advised of the possibility of such claims, liabilities, losses, costs or damages or could have foreseen them.  Winton, its directors and employees shall not be responsible for any failure by you or any third party to comply with these terms or with applicable law.  If any part of this term is unenforceable under applicable law, the aggregate liability of Winton, its directors and employees will be limited to the maximum extent permitted by such law and shall in no event exceed £100.

Your sole remedy for dissatisfaction with your use of this site is to cease using this site.

You agree, at your own expense, to indemnify, defend and hold Winton, its directors, members and employees harmless from and against any claims, liabilities, losses, costs or damages of any kind (including any legal fees and costs) suffered or incurred by these parties in connection with any claim arising out of any breach of these terms by you.  You shall cooperate as fully as reasonably required or requested in the defence of any such claim.  Winton may, at its own expense, assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Winton.  
 

Third Party Sites

Winton is not responsible for the contents of any third party sites linked or linking to this site and disclaims all liability arising from your use of or reliance on such sites, their contents and any products and services referred to on such sites.  Your use of any such sites is at your own risk.  Winton’s inclusion of links to third party sites does not imply any endorsement of any kind by Winton of such third parties, their sites or their products or services.
 

Prohibited Acts

You must not use any data mining, robots or similar data gathering or extraction programs or methods, whether automated or manual, to access, acquire, copy or monitor any portion of this site or any of its contents.

You must not misuse this site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.  You must not attempt to gain unauthorised access to this site, the server on which it is stored or any server, computer or database connected to this site.  You must not attack this site via a denial-of-service attack or a distributed denial-of service attack.  By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990.  Winton will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them.  In the event of such a breach, your right to use this site will cease immediately.
 

Third Party Data Disclaimers

The S&P 500 Index is a product of S&P Dow Jones Indices LLC (“SPDJI”), and has been licensed for use by Winton.  Standard & Poor’s®, S&P® and S&P 500® are registered trademarks of Standard & Poor’s Financial Services LLC (“S&P”); Dow Jones® is a registered trademark of Dow Jones Trademark Holdings LLC (“Dow Jones”); and these trademarks have been licensed for use by SPDJI and sublicensed for certain purposes by Winton.  Winton’s products are not sponsored, endorsed, sold or promoted by SPDJI, Dow Jones, S&P, their respective affiliates, and none of such parties make any representation regarding the advisability of investing in such product(s) nor do they have any liability for any errors, omissions, or interruptions of the S&P 500 Index.

Any MSCI information may only be used for your internal use, may not be reproduced or redisseminated in any form and may not be used as a basis for or a component of any financial instruments or products or indices.  None of the MSCI information is intended to constitute investment advice or a recommendation to make (or refrain from making) any kind of investment decision and may not be relied on as such.  Historical data and analysis should not be taken as an indication or guarantee of any future performance analysis, forecast or prediction. The MSCI information is provided on an “as is” basis and the user of this information assumes the entire risk of any use made of this information.  MSCI, each of its affiliates and each other person involved in or related to compiling, computing or creating any MSCI information (collectively, the “MSCI Parties”) expressly disclaims all warranties (including, without limitation, any warranties of originality, accuracy, completeness, timeliness, non-infringement, merchantability and fitness for a particular purpose) with respect to this information.  Without limiting any of the foregoing, in no event shall any MSCI Party have any liability for any direct, indirect, special, incidental, punitive, consequential (including, without limitation, lost profits) or any other damages. (www.msci.com).
 

Regulatory disclosures

This site and its contents may contain forward-looking statements that are based on current indicators, expectations and assumptions that Winton believes to be reasonable but are subject to a wide range of risks and uncertainties and, therefore, there can be no assurance that actual results will not differ from those expressed or implied by such forward-looking statements. These statements speak only as of the date on which they are made.

This site and its contents may contain simulated or hypothetical performance results that have certain inherent limitations. Unlike the results shown in an actual performance record, these results do not represent actual trading.  Also, because these trades have not actually been executed, these results may have under- or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity and cannot completely account for the impact of financial risk in actual trading.  There are numerous other factors related to the markets in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results.  Simulated or hypothetical trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any investment will or is likely to achieve profits or losses similar to those being shown.
 

General

A failure by Winton to enforce a provision of these terms or act on a breach or default by you does not constitute a waiver of any of Winton’s rights or remedies.

These terms constitute the entire agreement between Winton and you with respect of your use of this site and they supersede all prior or contemporaneous communications, agreements and understandings between Winton and you with respect to the subject matter hereof.

These terms are governed by and shall be construed in accordance with the laws of England and Wales.  You agree that the Courts of England shall have exclusive jurisdiction over any disputes arising in relation to use and browsing of this site.

Please send any questions about these terms or the contents of this site to: enquiries@winton.com

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