Legal

Terms and Conditions

This information has been provided by Hamilton Capital Partners Inc. (“Hamilton ETFs” or “HCP”) for informational purposes only. No information provided herein shall constitute, or be constituted as an offer to sell or a solicitation of an offer to acquire units of any Hamilton ETFs’ fund.

A prospectus containing important information relating to these securities has been filed with the securities commissions or similar authorities in certain jurisdictions of Canada. Copies of the prospectus may be obtained from [email protected], www.hamiltonetfs.com or on the SEDAR+ website (www.sedarplus.ca).

Terms of Use

By accessing www.hamiltonetfs.com (the “Site”), you acknowledge these terms of use (the “Terms”) and agree to be bound by them. If you do not agree to these Terms, please do not access the Site. We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms at any time and you agree to be bound by such modifications, alterations or updates.

Products and Services

All products and services referred to on the Site are subject to the terms of the applicable agreement governing their use. These products and services are available in Canada and only in those other jurisdictions where they may be legally offered. The Site does not constitute an offer or solicitation to anyone in any jurisdiction in which such an offer or solicitation is not authorized or to any person to whom it is unlawful to make such a solicitation.

ETF Performance Disclaimer

Commissions, management fees and expenses all may be associated with investments in exchange traded funds (ETFs) managed by Hamilton ETFs. Please read the prospectus before investing. Indicated rates of return are the historical annual compounded total returns including changes in per unit value and reinvestment of all dividends or distributions and does not take into account sales, redemptions, distribution or optional charges or income taxes payable by any securityholder that would have reduced returns. Only the returns for periods of one year or greater are annualized returns. ETFs are not guaranteed, their values change frequently and past performance may not be repeated.

Forward-Looking Statements

Certain statements contained in this Site may constitute forward-looking information within the meaning of Canadian securities laws. Forward-looking information may relate to a future outlook and anticipated distributions, events or results and may include statements regarding future financial performance. In some cases, forward-looking information can be identified by terms such as “may”, “will”, “should”, “expect”, “anticipate”, “believe”, “intend” or other similar expressions concerning matters that are not historical facts. Actual results may vary from such forward-looking information. Hamilton ETFs undertakes no obligation to update publicly or otherwise revise any forward-looking statement whether as a result of new information, future events or other such factors which affect this information, except as required by law.

Investment Risks

All investments involve risk. An investment in an ETF should be made with the understanding that the value of the securities to which the ETF is exposed are expected to fluctuate in response to changes in the financial condition of the security issuers, as well as in response to the conditions of equity, bond and currency markets generally, amongst other factors. The risk rating of an ETF is based on the standardized risk classification methodology mandated by the Canadian Securities Administrators. Past volatility does not necessarily indicate future performance. An ETF with a “low” risk rating can still incur losses. Please see the Hamilton ETFs’ prospectus for more information about the risk rating and specific risks that can affect an ETF.

No Investment Advice

This Site is for information purposes only and does not constitute investment advice, professional advice or a recommendation, and is not intended to constitute financial, accounting, legal, or tax advice. Any views and opinions expressed do not take into account the particular investment objectives, needs, restrictions and circumstances of a specific investor and, thus, should not be used as the basis of any specific investment recommendation. Investors should consult a financial and/or tax advisor for financial and/or tax information applicable to their particular situation.

Solactive AG Indices

Returns of Solactive indices do not represent any ETF’s returns. As a result of the risks and limitations inherent in hypothetical performance data, hypothetical results may differ from actual performance. The historical performance of Solactive indices are hypothetical and for illustrative purposes only. It is not meant to forecast, imply or guarantee the future performance of any particular investment or index, which will vary. The Solactive performance data for each index assumes no management fees, expenses or optional charges related to ownership of an investment fund replicating the index, which would reduce returns. The historical performance of the Solactive indices do include the reinvestment of all distributions. The Solactive indices are not directly investable. For additional information regarding the Solactive indices, including the applicable index methodology, see the Solactive website (www.solactive.com). Historical performance of indices is for information purposes only and is not indicative of the future returns of the index or any ETF.

Hamilton ETFs are not sponsored, promoted, sold or supported in any other manner by Solactive AG nor does Solactive AG offer any express or implicit guarantee or assurance either with regard to the results of using the indices and/or any trade mark(s) associated with the indices or the prices of the indices at any time or in any other respect. The indices are calculated and published by Solactive AG. Solactive AG uses its best efforts to ensure that the indices are calculated correctly. Irrespective of its obligations towards Hamilton ETFs, Solactive AG has no obligation to point out errors in the indices to third parties including but not limited to investors and/or financial intermediaries of the index ETFs. Neither publication of the indices by Solactive AG nor the licensing of the indices or any trade mark(s) associated with the indices for the purpose of use in connection with the index ETFs constitutes a recommendation by Solactive AG to invest capital in said index ETFs nor does it in any way represent an assurance or opinion of Solactive AG with regard to any investment in the index ETFs.

The Solactive Australian Bank Equal-Weight Index TR (SOLBAEWT) is a total return index designed to invest in the 5 major Australian banks based on an equal weighting scheme.

The Solactive Canadian Bank Mean Reversion Index TR (SOLCBMRT) is a total return index designed to invest in the 6 major Canadian banks, based on a mean reversion weighting scheme.

The Solactive Canadian Financials Equal-Weight Index (SOLCAFNT) is an equal-weighted portfolio of the top 12 Canadian financial services companies by market capitalization.

The Solactive Canadian Utility Services High Dividend Index is an equal-weighted portfolio of 12 Canadian utility services companies, including representation from the Utilities, Telecommunications and Pipeline Industries, that distribute high dividend payments.

The Solactive Equal Weight Canada Banks Index (SOLCBEW) is an equal-weight index of six largest Canadian-domiciled commercial banks.

The Solactive Canadian Utility High Dividend Index TR (SOLCUHDT) comprised of securities from the Utilities, Telecommunications and Pipelines Industries that distribute high dividend payments.

S&P Dow Jones Indices

The S&P/TSX 60 (“TSX 60”) is an index of the large-cap market segment of the Canadian equity market, structured to reflect the sector weights of the S&P/TSX Composite.

The S&P/TSX Capped Financials Index (SPTSFN, “Canadian Financials”) is designed to measure the performance of Canadian financial sector equity securities included in the S&P Composite Index. The Index is a constrained market capitalization-weighted index of securities of its Constituent Issuers.

The S&P/TSX Financials Index (STFINL, “Canadian Financials”) is a sub-set of the S&P/TSX Index of those Canadian companies classified as financials by GICS.

The S&P/TSX Diversified Banks Index (STDBNK, “Canadian Banks”) is a sub-set of the S&P/TSX Index of those Canadian companies classified as diversified banks by Global Industry Classification Standard (“GICS”).

The S&P/TSX Index (SPTSX) is a widely known capitalization-weighted equity index of Canadian companies.

The S&P/TSX Capped Utilities Index (TTUTAR) imposes capped weights on the index constituents included in the S&P/TSX Composite that are classified in the GICS® utilities sector.

The S&P 500® (SPX) is widely regarded as the best single gauge of large-cap U.S. equities. The index includes 500 leading companies and covers approximately 80% of available market capitalization.

The S&P 500 Financials Index (S5FINL, “U.S. Financials”) is a sub-set of the S&P 500 Index of those U.S. companies classified as financials by global industry classification standards (“GICS”).

The S&P Global 1200 Financials Index (SGFS, “Global Financials”) is a sub-set of the S&P Global 1200 Index of those companies classified as financials by GICS.

Hamilton ETFs does not invest in all or necessarily any of the securities that compose these indices. The index performance returns are for illustrative purposes only, and the returns do not reflect any management fees, transaction costs or expenses. Investors cannot invest directly in an index.

Insights & Commentary

Scope of Commentary: HCP does not provide any “personalized” investment advice. We publish information regarding companies in which we believe our readers may be interested. The opinions expressed in our commentary are those of the authors. You should not rely solely upon the content of our commentary for your investments, but should always do your own research and due diligence on any investment you engage in. Investments in the securities markets are speculative and involve substantial risk and you assume all risk associated with the investment process. Only you can determine what level of risk is appropriate for you. HCP does not guarantee any level of investment profits should the analysis be followed by you, nor the accuracy, completeness, or suitability of the investments discussed.

Third Party Sources: Most of our information is derived directly from information published by the companies on which we report and/or from other sources we believe are reliable, without our independent verification. Therefore, we cannot assure you that the information is accurate or complete.

Securities Ownership: Our personnel may own positions in the securities mentioned in our commentary. Note, HCP is in no way compensated for publishing information about companies mentioned in our commentary.

About the FundGrade A+®Awards Methodology

FundGrade A+® is used with permission from Fundata Canada Inc., all rights reserved. The annual FundGrade A+® Awards are presented by Fundata Canada Inc. to recognize the “best of the best” among Canadian investment funds. The FundGrade A+® calculation is supplemental to the monthly FundGrade ratings and is calculated at the end of each calendar year. The FundGrade rating system evaluates funds based on their risk-adjusted performance, measured by Sharpe Ratio, Sortino Ratio, and Information Ratio. The score for each ratio is calculated individually, covering all time periods from 2 to 10 years. The scores are then weighted equally in calculating a monthly FundGrade. The top 10% of funds earn an A Grade; the next 20% of funds earn a B Grade; the next 40% of funds earn a C Grade; the next 20% of funds receive a D Grade; and the lowest 10% of funds receive an E Grade. To be eligible, a fund must have received a FundGrade rating every month in the previous year. The FundGrade A+® uses a GPA-style calculation, where each monthly FundGrade from “A” to “E” receives a score from 4 to 0, respectively. A fund’s average score for the year determines its GPA. Any fund with a GPA of 3.5 or greater is awarded a FundGrade A+® Award. For more information, see www.FundGradeAwards.com. Although Fundata makes every effort to ensure the accuracy and reliability of the data contained herein, the accuracy is not guaranteed by Fundata

No Liability for Use of Site

Save for where any applicable law would be contravened, HCP is not responsible for and will not be liable to you or anyone else for any damages, losses or expenses whatsoever and howsoever caused (including direct, indirect, incidental, special, consequential, exemplary or punitive damages) arising out of or in connection with the Site or the information, material and content provided in the pages of the Site, (the “Information”), or your access to or use of, or inability to access or use the Site or the Information, or any action or decision made by you in reliance on the Site or the Information, or any errors in or omissions from the Site or the Information, or any unauthorised use or reproduction of the Site or the Information, interruption, defect, delay, computer virus, system failure, loss of data or otherwise, even if HCP or its representatives are advised of the possibility of such damages, losses or expenses. Your sole remedy is to discontinue using and accessing the Site or the Information.

Indemnification

You agree to indemnify, defend, and hold harmless HCP and its affiliates from and against any and all claims, liabilities, losses, costs, or damages of any kind (including but not limited to attorneys’ fees) arising from or relating to accessing or using the Site or the Information.

Disclaimer of Warranty

HCP provides the Site and the Information on an “as is, where is” basis. HCP does not make any express or implied warranties, representations, endorsements or conditions with respect to the Site or the Information, including without limitation, warranties as to merchantability, operation, non-infringement, usefulness, completeness, accuracy, correctness, reliability and fitness for a particular purpose. Further, HCP does not represent or warrant that the Site will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, difficulties in use, defects, incompatibility, failures, errors, omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. HCP shall not be responsible for investment decisions, damages, or other losses resulting from use of the Site or the Information. Past performance of a stock, investment fund or other investment vehicle does not guarantee future performance.

Brokers

HCP is not affiliated with any brokerage firm and does not endorse or recommend any specific brokerage firm. HCP is not and will not be responsible for any trades made by a broker on the client’s behalf under any circumstances.

Copyright Notice and Trademarks

HCP is the copyright owner of all information contained in the Site, except as otherwise indicated. Other parties’ trademarks and service marks that may be referred to herein are the property of their respective owners. You may print a copy of the information contained herein for your personal use only, but you may not reproduce or distribute the information to others or substantially copy the information on your own server, or link to the Site, without prior written permission of HCP. Use or reproduction of information from this service for any other purpose is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Certain phrases, names, designs, graphics or logos used on this Site and in downloadable documents may constitute trademarks or trade names of HCP. The display of any trademarks on the Site or in any other documents does not imply that a license has been granted for any further use. Any unauthorized use or modification of trademarks may be a violation of law and could be subject to legal action.

Internet Email

Any unprotected email communication over the Internet is, as with communication via other mediums (e.g. cellular phones, post office mail), not secure or confidential, subject to possible interception or loss, and is also subject to possible alteration. You should not send any confidential, proprietary or sensitive information via this medium. HCP is not responsible for and will not be liable to you or anyone else for any damages in connection with an email sent by you to HCP or an email sent by HCP to you.

Data Protection

HCP may hold and process the information you provide as a result of your use of the Site solely for the purposes of marketing or providing its services. HCP may use information obtained about you from monitoring your use of the Site solely for internal purposes, including Site performance, evaluating Site use and creating marketing reports for internal marketing purposes.

Applicable Law

Except where prohibited by the laws of your jurisdiction, the Site, the Information and these Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

Privacy

Hamilton ETFs’ Privacy Policy applies to its use and collection of your data from the Site. You should review the Privacy Policy before using the Site.

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