Portal – Terms of use

The AMX portal (the “portal”) is made available by the Asset Management Exchange (“AMX”). The Asset Management Exchange and AMX are trading names of The Asset Management Exchange (Ireland) Limited (registered in Ireland, No. 632258; authorised and regulated by the Central Bank of Ireland), The Asset Management Exchange (UK) Limited (registered in England, No. 11555138; authorised and regulated by the Financial Conduct Authority No. 823316) and The Asset Management Exchange (IP Co.) Limited (registered in England, No. 11686713).

All content, information and software provided on and through the portal (“content”) may be used solely under the following terms and conditions (“Terms of Use”) and subject to the general disclaimer available as attached, (the “General Disclaimer”) which is incorporated into these Terms of Use by reference.

YOUR USE OF THIS PORTAL CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE IN A PERSONAL CAPACITY AND, WHERE YOU ACCESS THE PORTAL ON BEHALF OF A SHAREHOLDER IN THE AMX FUNDS, A SUB-INVESTMENT MANAGER IN RESPECT OF THE AMX FUNDS, OR OTHER LEGAL ENTITY (THE “COMPANY”), FOR AND ON BEHALF OF THE COMPANY. YOU REPRESENT AND WARRANT THAT YOU HAVE THE FULL POWER AND AUTHORITY TO BIND THE COMPANY TO THESE TERMS OF USE.

Unless the context requires otherwise, any references to “you” below shall be read as references to you and the Company.

1. Portal License. As a user of the portal, you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the portal and content in accordance with these Terms of Use. AMX may terminate this license at any time for any reason.

2. Limitations on Use. You may use this site for the Company’s internal use only. You may not decompile, reverse-engineer, disassemble, rent, lease, loan, sell, sublicense or create derivative works from the portal or the content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, or other automatic or manual device or process to monitor or copy the portal or the content without AMX’s prior written permission. Any unauthorized use of the portal or the content is prohibited.

3. Not Professional Advice. The portal and the content do not constitute accounting, broking, consulting, investment, insurance, legal, tax or any other type of professional advice, and should be used only in conjunction with the services of appropriate professional advisors who have full knowledge of the user’s situation. The accuracy, completeness, adequacy or currency of the portal or the content is not warranted or guaranteed. Your use of the content, the portal or materials linked from the portal is at your own risk, and subject to the General Disclaimer.

4. Product and Service Availability. Some products and services described in this portal may not be available in all jurisdictions. The services and products described and information provided through this portal are not directed to and are not intended for distribution to, or use by, any person or entity in any jurisdiction:
(a) Where such distribution or use would be contrary to law, rule or regulation (“laws”), or that would subject AMX or any AMX fund to any registration requirement within such jurisdiction; or
(b) Where AMX is not authorized to provide such information, products or services.
Persons who access this portal are deemed to do so on their own initiative and are responsible for compliance with all applicable laws. Materials from this portal may be subject to controls imposed by law, and may not be exported to any jurisdiction or to anyone prohibited by law. AMX expressly prohibits the downloading or exporting of material from this portal in violation of the laws of any applicable jurisdiction. By downloading material from this portal, you warrant that you are doing so in full compliance with all applicable law.

5. Intellectual Property Rights. The Asset Management Exchange (IP Co.) Limited is the owner or licensee of all intellectual property rights in the portal and the content that appears on it. The portal and all content, unless otherwise indicated, is protected by law including, but not limited to, rights in intellectual property. You are granted a limited, non-transferable, non-exclusive, revocable licence to use the portal and content solely in accordance with your obligations under these Terms of Use. Except as expressly provided in these Terms of Use or the portal, AMX does not grant any express or implied rights to you under any patent, copyright, trademark, trade secret information or other intellectual property rights. Accordingly, any unauthorized use of the portal or the content may violate intellectual property laws, including but not limited to copyright laws, trademark laws, patent laws, trade secret laws, or laws relating to privacy and publicity.

6. Content Uploaded by You.
(a) By submitting content to the portal, you automatically grant AMX a royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adopt, publish, edit (for length or clarity), translate, create derivative works from, distribute, redistribute, transmit, perform and display such content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any rights that my exist in such content.
(b) You represent and warrant that content that you upload to the portal:
(i) is true and accurate in all respects and complies with all applicable laws;
(ii) does not infringe the intellectual property rights of any third party;
(iii) does not contain any malware, undocumented malicious data, code, program, or other internal component (e.g. computer worm, computer time bomb or similar component), which could damage, destroy, alter or disrupt any computer program, firmware or hardware or which could, in any manner, reveal, damage, destroy, alter or disrupt any data or other information (“Computer Viruses”); and
(iv) shall not be unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, offensive, harassing, threatening, abusive, inflammatory, fraudulent, invasive of privacy or publicity rights or otherwise objectionable or inappropriate.
(c) AMX reserves the right to remove any content submitted to the portal at any time for any reason.

7. Indemnity. You shall be liable to AMX (the “Indemnified Parties”) and shall indemnify and hold harmless each of the Indemnified Parties against, all claims, demands, losses or damages (including costs and expenses arising therefrom or incidental thereto) which may be made against or suffered by the Indemnified Parties arising directly out of any breach of these Terms of Use including but not limited to your or the Company’s (or any of its employees’, agents’, sub-contractors’, permitted delegates’ or affiliates’) fraud, negligence, wilful default, bad faith or, to the extent applicable, breach of its fiduciary duties under any applicable law.

8. Registration. In order to use the portal you are required to register. You agree to supply AMX with accurate and complete registration information. It is your responsibility to inform AMX of any changes to that information. You are responsible for maintaining the confidentiality of your user name and/or password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. Notwithstanding the foregoing, you shall immediately notify AMX of any unauthorised use of the password or account or any breach of security. AMX reserves the right to refuse, cancel or suspend registrations in its sole discretion.

9. Errors and Corrections. AMX does not represent or warrant that the portal will be error-free, free of Computer Viruses or other harmful components, or that defects will be corrected. AMX does not warrant or represent that the content and any information available on or through the portal will be correct, accurate, timely or otherwise reliable. AMX may make changes to the content or the portal at any time.

10. Third-Party content. Third-party content appears on or may be accessible from the portal. AMX is not responsible for and assumes no liability for any third-party content. The portal may provide access or links to other sites operated by third parties on the Internet. In each case, you are responsible for locating, reading and adhering to the terms of use of each third-party site you visit.

11. DISCLAIMER. THE PORTAL AND THE CONTENT ARE PROVIDED ON AN “AS-IS” BASIS. AMX EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AMX DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO: (A) ANY ERRORS IN OR OMISSIONS FROM THIS PORTAL AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; (B) ANY THIRD-PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS PORTAL, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM; (C) THE UNAVAILABILITY OF THE PORTAL OR ANY PORTION THEREOF; (D) YOUR USE OF THIS PORTAL; OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE PORTAL.

12. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AMX SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE PORTAL OR THE CONTENT. AMX SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE PORTAL OR THE CONTENT. TO THE EXTENT THE FOREGOING LIMITATION
OF LIABILITY IS PROHIBITED, AMX’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO €850.00 EUR.

13. Unlawful Activity. AMX reserves the right to investigate complaints or reported violations of
the Terms of Use and to take any action we deem appropriate.

14. Remedies for Violations. AMX reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to the portal and any other AMX websites and their features.

15. Governing Law and Jurisdiction. These Terms of Use are governed by, and shall be construed in accordance with, the laws of Ireland. The courts of Ireland have non-exclusive jurisdiction to hear and decide any suit, action or proceedings, and to settle any disputes, which may arise out of or in connection with these Terms of Use and, for these purposes, each party irrevocably submits to the jurisdiction of the courts of Ireland.

16. Entire Agreement and Severability of Provisions. These Terms of Use incorporate by reference any notices contained on the portal, including but not limited to the General Disclaimer. Such terms together constitute the entire agreement between you and AMX with respect to access to, and use of, the portal. If any provision of these Terms of Use is unlawful, void or unenforceable, or conflicts with any other provision of the Terms of Use, then the unlawful, void, unenforceable or conflicting provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

17. No Partnership, Agency etc. Nothing in these Terms of Use shall create, or be deemed to create, a partnership or the relationship of principal and agent or employer and employee between the parties hereto.

18. Waiver. A failure to exercise or delay in exercising a right or remedy provided by these Terms of Use or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by these Terms of Use or by law prevents further exercise of that right or remedy or the exercise of another right or remedy.

19. Electronic Execution. The parties agree that the execution of these Terms of Use may be done electronically, including by way of clicking on a button or link on the portal or through email communications.

20. Modifications to Terms of Use. AMX reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this portal and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of the portal after any such changes constitutes your acceptance of such changes.

21. Copyright. Save as expressly permitted under these Terms of Use, no part of this site may be reproduced or transmitted in any form or by any means, electronic or mechanical, which includes but is not limited to facsimile transmission, photocopying, recording, rekeying or using any information storage or retrieval system, without express written permission from the copyright owner. Requests for permission or further information should be directed to the Webmaster at info@theAMX.com.