Terms and Conditions
PLEASE READ THESE TERMS OF USE (THE “TERMS”) CAREFULLY BEFORE ACCESSING www.invesco.com/uk/en/us-domiciled-etfs.html (THE “WEBSITE”). BY ACCESSING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM. THESE TERMS ARE SUBJECT TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME IN OUR SOLE DISCRETION. WE SUGGEST THAT YOU REVIEW THE MOST CURRENT VERSION OF THE TERMS EACH TIME YOU VISIT THE WEBSITE. YOU ACKNOWLEDGE THAT BY ACCESSING OUR WEBSITE AFTER WE HAVE POSTED CHANGES TO THESE TERMS, YOU ARE AGREEING TO THESE TERMS AS MODIFIED. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT ACCESS THE WEBSITE.
When we refer to ourselves as “we” or “Invesco” in these Terms, we mean our entire company including our affiliates, such as subsidiaries. The term "you" means you and any entity you may represent in connection with the use of the Website, and “your” has the correlated meaning. Nothing contained in these Terms is intended to modify or amend any other written agreement (including without limitation any customer agreement, participation agreement or account agreement) ("Other Agreements") if any, that may currently be in effect between you and Invesco. In the event of any inconsistency between these Terms and any Other Agreements, the Other Agreements shall govern. You may use your browser to download or print out a copy of these Terms for your records.
An investment in an ETF is not a bank deposit and is not insured or guaranteed by the Federal Deposit Insurance Corporation or any other government agency.
1. No investment advice or recommendations
The Website and its content are provided as a service to the customers of Invesco and are for informational and educational purposes only. You are solely responsible for evaluating the risks and merits regarding the use of the Website and any services provided therein.
Nothing on or in the Website shall be considered a solicitation, recommendation, endorsement or offer by Invesco to buy or sell any security or other financial instrument or to offer or provide any investment, tax, financial or legal advice or service to any person in any jurisdiction. Any overviews or tools provided through the Website are intended to be general in nature. While intended to be helpful, these overviews and tools are no substitute for professional tax, financial or legal advice. Investors should seek such professional, financial or legal advice for their particular situation. Decisions based on information contained or provided through the Website are your sole responsibility and at your own risk.
The views expressed through the Website were prepared by Invesco based upon the information available at the time such views were written. Changed or additional information could cause such views to change.
2. Fund risks
Prior to making any investment decision please consider fully the specific risks involved by referring to the most up to date relevant fund Supplemental Disclosure, the latest Annual or Semi-Annual Reports and the latest Prospectus and Statement of Additional Information.
Before investing in any exchange-traded fund (ETF) or other investment vehicle detailed on the Website (the “Funds”), you should carefully consider the associated investment objectives, risks, charges and expenses. Past performance does not guarantee future results. Please remember that there is no assurance that the objective of any investment will be achieved.
3. Jurisdictional issues
The Funds are registered in the United States under the Securities Act of 1933, as amended (the "Securities Act") and the Investment Company Act of 1940, as amended (the “1940 Act”). Shares of the Funds are generally available for distribution to or investment by investors in the US.
The promotion of the Funds and the distribution of the materials or information contained on the Website in the United Kingdom and the European Economic Area ("EEA") is restricted by law. Accordingly, this communication is only addressed to and directed at: (a) persons in Member States of the EEA who are "professional investors" in accordance with the Alternative Investment Fund Managers Directive (2011/61/EU, the "AIFM Directive"), as implemented in the law of each Member State and amended from time to time; (b) within the United Kingdom, if effected by a person who is not an authorized person under the Financial Services and Markets Act 2000 ("FSMA"), (i) persons who have professional experience of participating in unregulated schemes, falling within article 19(5) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (as amended) (the "FPO"), (ii) persons who are high net worth entities within the meaning set out in Article 49 of the FPO, and / or (iii) persons to whom it may otherwise be lawfully communicated; and (c) within the United Kingdom, if effected by a person who is authorized under FSMA, (i) persons who have professional experience of participating in unregulated schemes, falling within article 14 of Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes) (Exemptions) Order 2001 (as amended) (the "PCISO"), (ii) persons who are high net worth entities within the meaning of Article 22 of the PCISO, or (iii) persons to whom it may otherwise be lawfully communicated (all such persons referred to in (a) to (c) above together being referred to as "Relevant Persons"). If you are a person within a Member State of the EEA or the United Kingdom, by accessing the Website you represent, warrant and agree that you are a Relevant Person.
It is your responsibility to be aware of the applicable laws and regulations of your country of residence. Further information is available in the relevant fund Supplemental Disclosure as well as in the Prospectus, Statement of Additional Information or other offering document for each fund that can be found on this site.
The entire website does not constitute an offer or solicitation to sell shares in any of the Funds, by anyone in any jurisdiction in which such offer, solicitation or distribution would be unlawful or in which the person making such offer or solicitation is not qualified to do so or to anyone to whom it is unlawful to make such offer or solicitation.
4. Applicable Law
Unless otherwise specified, Invesco controls, operates and services the Website from our offices within the State of New York, United States of America. The laws of the State of New York and applicable U.S. federal law shall govern these Terms. If you take legal action relating to these Terms, you agree to file such action only in state court in New York County, New York or federal court within the Southern District of New York, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.
5. Monitoring of web site
Invesco expressly reserves the right to monitor any and all use of the Website. Invesco is under no obligation to do so and assumes no responsibility or liability arising from the use of the Website.
6. Copyrights, Trademarks and restrictions on use of materials
Invesco owns and operates the Website. All information and materials contained on the Website are subject to copyright and/or trademark protection laws and are provided solely for your personal non-commercial or internal business use. All content and tools on the Website are owned by Invesco, except content clearly identified with other persons, which is the property of their respective owners. All trademarks, service marks, and trade names displayed on the Website are proprietary to Invesco, except those clearly identified with other persons, which are the property of their respective owners. The use or misuse of any copyrighted material, trademarks or any other materials on the Website, except as permitted herein, is expressly prohibited and may be in violation of law.
7. Third Party Content
Invesco may make available links from the Website to other, third party sites or electronic services providers that are not affiliated with Invesco or you may have accessed this Website from the sites of other unaffiliated third parties or electronic service providers who have links to any pages of this Website. Invesco does not control these other sites or services, and Invesco makes no representations or endorsements whatsoever concerning those sites or services. The fact that Invesco has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are risks in using any information, software, service or product found on the Internet, and Invesco cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Invesco liable for any loss or damage caused by use of or reliance on any content, goods or services available on other sites.
8. Limited License and Website Access; All Rights Reserved
Invesco hereby grants you a limited, non-exclusive and revocable license to access and make personal use of the Website, but not to download (other than page caching and mobile applications to authorized platforms) or modify them, or any portion of them, except with the express prior written consent of Invesco. We (or the respective third party owners of related content) retain all right, title, and interest in the Website and any content, features, tools and services offered on the Website, including any and all intellectual property rights. We (or the respective third party owners of content in or on the Website) reserve all rights not expressly granted. Any unauthorized use, including but not limited to those described in Section 9 below, terminates the permission or license granted by Invesco hereby. Invesco may suspend or terminate your access to the Website for any reason, without prior notice. Invesco reserves the right to alter or delete materials from the Website at any time at its discretion.
9. Restrictions and Prohibited Uses
Any use or attempted use of the Website (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) that could interfere with any other party's use and enjoyment of the Website, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Invesco to be made accessible to a user, or (vi) to obtain or attempt to obtain any materials or information through any means not intentionally made available by Invesco, or (vii) for any use other than the purpose for which it was intended, is prohibited.
In addition, users and visitors of the Website may not:
- Copy, reproduce, republish, upload, post, transmit, or distribute in any way material from the Website in any manner inconsistent with the purposes for which it is offered by Invesco to its customers, prospective customers or members of the general public.
- Without Invesco's express written permission, copy, modify, or display Invesco's name or logo, or any text, graphic images, or other content from the Website.
- Redeliver any of the pages, text, images, or other content of the Website using "framing" technology without Invesco's express written permission.
- Use devices (including software) that are designed to provide repeated automated access to the Website other than those made generally available by Invesco.
- Include "Invesco", "Invesco Funds", any other Invesco trademark, the name of any Invesco personnel, or any variation of any of the foregoing, as a metatag, hidden textual element, or any other indicator that may create a false or misleading impression of affiliation, sponsorship, or endorsement between any user and/or site and Invesco.
- Collect or store personal data about other users of the Website.
- Upload, email or otherwise transmit to the Website any material that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software or hardware of file communications equipment that is owned, leased or used by Invesco.
- Resell or provide commercial use of the Website or the content therein, or create any derivative use of the Website or the content therein; or use any data mining, robots, or similar data gathering and extraction tools on the Website.
- Reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit for any commercial purpose the Website without the express prior written consent of Invesco.
Invesco reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user's access and/or account. Invesco may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by Invesco privacy policy, Invesco reserves the right at all times to disclose any information as Invesco deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Invesco' sole discretion.
For information on how Invesco uses and protects the personal information you may provide in and to the Website, please read Invesco's privacy policy located here. You may not use the Website to collect or harvest personal information about other persons or otherwise use the Website in a manner that is inconsistent with their privacy or personal data protection rights.
10. Contents of the Website — DISCLAIMER
THE MATERIALS IN AND ON THE WEBSITE (INCLUDING ANY GRAPHICS) AND ANY MATERIALS MADE AVAILABLE THROUGH THE WEBSITE ARE SUBJECT TO APPLICABLE STATUTES AND REGULATIONS, AND ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INVESCO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. INVESCO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIALS IN THE WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. INVESCO UNDERTAKES NO OBLIGATION TO MAINTAIN THE CURRENCY OF SUCH INFORMATION.
CERTAIN LINKS IN THE WEBSITE LINK YOU TO OTHER SITES ON THE WORLD WIDE WEB. THE LINKED SITES ARE NOT UNDER THE CONTROL OF INVESCO AND INVESCO IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES AND INVESCO MAKES NO REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER CONCERNING THOSE SITES OR SERVICES. INVESCO IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. INVESCO PROVIDES THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY A REFERRAL BY INVESCO TO, OR AN ENDORSEMENT BY INVESCO OF, THE LINKED SITE.
11. Operation of the Website — DISCLAIMER
INVESCO ENDEAVORS TO MAINTAIN THE WEBSITE AND ITS OPERATION, BUT IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT EXIST IN THE WEBSITE OR ITS OPERATION. AS TO THE OPERATION OF THE WEBSITE, INVESCO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INVESCO MAKES NO WARRANTY THAT (i) THE OPERATION OF THE WEBSITE WILL MEET THE USER'S REQUIREMENTS; (ii) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FREE OF ERRORS; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR (iv) DEFECTS WILL BE CORRECTED. YOU (AND NOT INVESCO) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THE WEBSITE.
12. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL INVESCO BE LIABLE FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITY OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE WEBSITE, WHETHER IN AN ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE IN THE WEBSITE OR THE UNAVAILABILITY OF THE WEBSITE. INVESCO SHALL NOT BE LIABLE EVEN IF INVESCO OR AN INVESCO AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS OR OTHER HARMFUL COMPONENT.
13. Further Limitations
IN NO EVENT SHALL INVESCO’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE GREATER OF THE AMOUNT PAID BY YOU FOR ACCESSING THE WEBSITE AND $50.00 USD. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN EACH INSTANCE THE LIMITATIONS AND EXCLUSIONS SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED BY LOCAL LAW, EXCEPT WHERE A CAP IS NOT PERMITTED BY APPLICABLE LAW.
14. Indemnification
You agree to defend, indemnify and hold harmless Invesco, its members, affiliates and/or partners, and its and their officers, directors, partners, shareholders agents, licensees and employees from and against all claims, actions, liabilities, losses, expenses, damages and costs, including but not limited to attorney's fees that may, at any time, arise out of or relate to your authorized, unauthorized, lawful or unlawful use of the Website or content therein, your breach of the Terms, as may be modified from time to time in Invesco's sole discretion, your inability to access the Website, the use of any linked web sites, your reliance on any errors or omissions in the Website, or the propagation and/or contraction of any computer virus in connection with your use of the Website and/or the related content.
15. Transmissions of Data
Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from the Website may not be secure. Delivery, and timely delivery, of electronic mail is also not guaranteed. Invesco therefore recommends that you do not send time-sensitive or action-oriented messages to us via electronic mail. Such requests, orders, or instructions will not be processed until we can confirm your instructions or obtain appropriate written documentation where necessary.
16. General
Any notices to you from Invesco regarding the Website or these Terms will be posted on the Website or made by e-mail or regular mail. When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms. Neither these Terms, nor any content, materials or features of the Website create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way. If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will be deemed severable and will remain in full force and effect. No waiver of any right under these Terms by Invesco will be deemed a waiver of any other right, term or provision of these Terms.
