Terms of Use

Manifold Fund Advisors, LLC Site Terms and Conditions of Use

September 24, 2015

By using the Manifold Fund Advisors, LLC web site (“Site”), accessible from manifoldfundadvisors.com, you are acknowledging that you have read and agree to these Terms and Conditions of Use and your consent to the following Terms and Conditions of Use. Do not use this Site if you do not agree to the following Terms and Conditions of Use. These Terms and Conditions of Use constitute the entire agreement between you and Manifold Fund Advisors, LLC (“Manifold Fund Advisors”) and its parent companies, subsidiaries and affiliates, relating to the information provided in, and your use of, the Site. Manifold Fund Advisors reserves the right, in its sole discretion, to modify the Terms and Conditions of Use from time to time. All changes are effective upon posting to the Site. We encourage you to return to this area on occasion to read the most recent version of our Terms and Conditions of Use. Your continued use of the Site after any such changes constitutes your acceptance of the new terms and policies.

Jurisdiction and Choice of Law

These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of law rules. Any legal proceeding arising out of relating to these Terms and Conditions of Use against or relating to Manifold Fund Advisors or any Indemnified Party (as defined below) under these Terms and Conditions of Use will be subject to the exclusive jurisdiction of any state or federal court sitting in New York City, New York, and you irrevocably consent to the jurisdiction of such courts.

Please note that, if and when they are available or become available, the products referred to in this Site are or will be available in the United States. They may not be available in other countries. The information in this Site is intended for use only by persons in the United States. Manifold Fund Advisors makes no representations that the information in this Site is appropriate for users in countries other than the United States, which may have different legal or regulatory requirements, or indications for, or restrictions on, the sale or use of products or information. Nothing herein should be considered a solicitation or promotion for any product, or an indication for any product that is not permitted by the laws or regulations of the country where the user of this Site resides.

Intellectual Property

The Site and its content and images, as well as all copyrights, trademarks, servicemarks, logos, trade dress and other rights therein, are owned by, or licensed to, Manifold Fund Advisors. Permission to use, copy and distribute the information on this Site without a fee is hereby granted for non-commercial use only, provided that the appropriate proprietary rights notice appears in all copies of such information and that the name of Manifold Fund Advisors is not used in advertising or publicity pertaining to distribution of such information without specific, written prior permission. All content and images used on this Site are owned or licensed by Manifold Fund Advisors for use on this Site only. Unauthorized use is prohibited. All firm names or product names appearing in type form different from that of the surrounding text are the intellectual property of Manifold Fund Advisors or its licensors. Nothing contained herein shall be construed as conferring any license or right under any Manifold Fund Advisors patent, copyright, trade dress, servicemark or trademark or those of its licensors.

DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY

MANIFOLD FUND ADVISORS HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, NOR ARE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. IN NO EVENT SHALL Manifold Fund Advisors BE LIABLE FOR ANY DAMAGES INCLUDING DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFIT) OR DAMAGES OF A SIMILAR NATURE ARISING FROM OR IN CONNECTION WITH THE USE OR EXISTENCE OF THIS SITE, THE INABILITY TO USE THIS SITE, AND/OR THE INFORMATION THAT THIS SITE CONTAINS, REGARDLESS OF WHETHER Manifold Fund Advisors HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE INFORMATION ON THIS SITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.

MANIFOLD FUND ADVISORS HAS NOT REVIEWED THIRD-PARTY WEBSITES THAT MAY BE LINKED TO THIS SITE, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CONTENT OF ANY OFF-SITE PAGES OR ANY OTHER SITES LINKED TO THIS SITE. IF YOU ACCESS ANY THIRD-PARTY WEBSITE THROUGH THE SITE OR OTHERWISE, YOU DO SO AT YOUR OWN RISK AND WE ENCOURAGE YOU TO REVIEW THE PRIVACY POLICIES AND USER AGREEMENTS OF ALL OTHER WEBSITES THAT YOU VISIT AS SUCH POLICIES AND AGREEMENTS WILL GOVERN YOUR USE OF THOSE WEBSITES.

MANIFOLD FUND ADVISORS ALSO DOES NOT WARRANT THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM ERRORS OF ANY SORT OR FREE FROM COMPUTER VIRUSES.

If any of the above exclusions of warranties is unenforceable in your jurisdiction, the other exclusions listed above will still be given effect to the full extent permitted by that jurisdiction’s law.

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Manifold Fund Advisors, ITS PARENTS, SUBSIDIARIES AND OTHER AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND REPRESENTATIVES (TOGETHER, “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY LOSSES, DAMAGES, CLAIMS, ACTIONS OR DEMANDS OF ANY RIGHT OF ANY PERSON OR ENTITY ( INCLUDING REASONABLE LEGAL AND ACCOUNTING FEES AND EXPENSES), REGARDLESS OF WHETHER THEY ARISE OUT OF OR ARE ATTRIBUTABLE TO ANY ACT OR OMISSION, NEGLIGENT OR OTHERWISE, OF AN INDEMNIFIED PARTY ARISING OUT OF OR IN CONNECTION WITH (i) YOUR USE OF THE SITE, OR ANY CONTRACTS ENTERED INTO OR SERVICES OR PRODUCTS OFFERED, SOLD OR PURCHASED AS A RESULT OF ANY CONTACT INITIATED ON OR THROUGH THE SITE, OR (ii) YOUR BREACH OF THESE SITE TERMS AND CONDITIONS OF USE. THIS INDEMNIFICATION PROVISION SHALL APPLY TO THIRD-PARTY CLAIMS AS WELL AS CLAIMS BETWEEN THE PARTIES TO THESE TERMS AND CONDITIONS OF USE.

POSSIBLE ERRORS AND CHANGES

THE INFORMATION ON THIS SITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. MANIFOLD FUND ADVISORS RESERVES THE RIGHT TO MAKE ADDITIONS, DELETIONS OR MODIFICATIONS TO THE INFORMATION ON THIS SITE AT ANY TIME WITHOUT PRIOR NOTICE. MANIFOLD FUND ADVISORS ALSO RESERVES THE RIGHT TO WITHDRAW THIS SITE AND ITS INFORMATION FROM THE INTERNET AT ANY TIME, WITHOUT PRIOR NOTICE. ANYONE USING THIS SITE OR THE INFORMATION IT CONTAINS ASSUMES FULL RESPONSIBILITY AND ANY AND ALL RISKS ARISING FROM OR RELATED TO THE USE OF THIS SITE OR THE INFORMATION IT CONTAINS.

Miscellaneous

Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of these Terms and Conditions of Use shall nonetheless remain in full force and effect. The failure of Manifold Fund Advisors at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.

The terms and conditions set forth in these Terms and Conditions of Use and any agreements included or referred to in these Terms and Conditions of Use constitute the final, complete and exclusive agreement with respect to the Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

Headings and captions throughout these Terms and Conditions of Use are for convenience only and should not be considered part of these Terms and Conditions of Use. The word “including” means “including without limitation.”

If you have any questions or concerns about these Terms and Conditions of Use or any issues raised in these Terms of Use or on the Site, please contact Manifold Fund Advisors at (646) 747-3488.