Terms & Conditions | ConvexityShares

Please read the following Terms and Conditions of Use carefully before using the ConvexityShares website. By using www.convexityshares.com, and the information and services available through the site, you agree to follow and be bound by these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, please do not use this website.

www.convexityshares.com is owned and operated by ConvexityShares (ConvexityShares Trust). ConvexityShares ETFs are distributed by Foreside Fund Service, LLC ("Foreside"), which is not affiliated with the funds' advisor or sponsor. ConvexityShares may modify these Terms and Conditions of Use at any time and without notice. Any such modifications will be effective immediately upon posting to this website. We suggest you periodically review these Terms and Conditions of Use.

Important Fund Disclosures

Availability of Prospectus

Carefully consider the investment objectives, risks, charges and expenses of ConvexitySharesETFs before investing. This and other information can be found in their summary and full prospectus. Read them carefully before investing. Investors can also obtain a prospectus and seek advice from a financial professional or broker/dealer representative.

Notification of Risks

Investing involves risk, including the possible loss of principal. ConvexitySharesETFs are generally non-diversified and entail certain risks, including risk associated with the use of derivatives (swap agreements, futures contracts and similar instruments), imperfect benchmark correlation, leverage and market price variance, all of which can increase volatility and decrease performance. For more on correlation, leverage and other risks, please read the prospectus. There is no guarantee any ConvexityShares ETF will achieve its investment objective.

Copyright and Licenses

All content, information, products and services available on or through www.ConvexityShares.com are owned, licensed or controlled by ConvexityShares. www.ConvexityShares.com is copyright 2022, ConvexityShares, and protected under United States copyright laws, all rights reserved. No permission is granted to sell, copy, publish, reproduce, distribute, modify, post, "mirror" on any server, transfer or frame, in whole or in part, any of the contents, materials, designs, media or code from this website without the advance, express, written permission of ConvexityShares. Notwithstanding the foregoing, materials provided by third parties may be subject to additional or different terms of use and restrictions. Unauthorized use of any material available on or through this website may violate copyright laws, trademark laws, trade secret laws, the laws of privacy and publicity, and communications regulations and statutes. Requests for consent to use website content or any other elements found on www.ConvexityShares.com must be made in writing to: ConvexityShares, 7 Roszel Road, Suite 1A, Princeton, NJ 08540.

All names, graphics, logos, trademarks and service marks appearing on www.ConvexityShares.com are the exclusive property of their respective owners. All ConvexityShares names, graphics, logos, trademarks and service marks are exclusive property of ConvexityShares. ConvexityShares' names, graphics, logos, trademarks and service marks may not be used in connection with any product or service that is not ConvexityShares' without express advance written permission, and none of these may be used in any manner likely to cause confusion among customers or investors, or that is in any manner offensive, false, misleading, derogatory, disparaging or discrediting towards ConvexityShares.

The information provided by ConvexityShares contains SolactiveAG (“Solactive”) data sourced from Solactive. It is provided for information purposes only. If you intend to do anything other than print or save a copy of the information, contact tSolactive to obtain the appropriate license for your intended use. You may reach Solactive at info@solactive.com

Use of Hyperlinks

You may not hyperlink to www.ConvexityShares.com unless you receive permission from ConvexityShares and accept and agree to comply with the conditions referenced below:

The hyperlink must be directed to ConvexityShares' homepage at www.ConvexityShares.com.
The text of the hyperlink must state "ConvexityShares" or "ConvexityShares.com."
The hyperlink may not falsely represent or suggest any relationship between ConvexityShares and the linking website or entity.
The hyperlink may not portray any ConvexityShares information in any manner that is offensive, false, misleading, derogatory, disparaging or discrediting.
The hyperlink may not alter the integrity or layout of the ConvexityShares.com website.
Hyperlinks to ConvexityShares.com from other websites are maintained by independent third parties and are not affiliated with ConvexityShares. ConvexityShares is not responsible for the accuracy or timeliness of any information or media provided on third party websites.

Timeliness of Content

The information available on this site is reviewed and updated with due diligence, however, information available on this site may become outdated. Neither ConvexityShares nor Foreside assumes any liability or guarantee for the timeliness, accuracy and completeness of the information provided through ConvexityShares.com. ConvexityShares makes reasonable efforts to provide content from sources it believes to be reliable, but makes no representation or warranty that the information available on ConvexityShares.com is correct, accurate, complete or reliable.

The content on the ConvexityShares website is provided for information, education and non-commercial purposes only and is subject to change at any time. The information provided should not be construed as investment advice. Under no circumstances is the information provided intended to be an offer to sell or solicitation of an offer to buy ConvexityShares ETFs. Each investor is responsible for evaluating the suitability and risks associated with investing in ConvexityShares ETFs and agrees to not hold ConvexityShares, Foreside, their subsidiaries and affiliates, and each of their officers, directors, employees, and agents liable for any possible claim for damages arising from any decision based on the information made available through ConvexityShares, ConvexityShares.com or Foreside.

ConvexityShares Privacy Policy

ConvexityShares' Privacy Policy may be reviewed here.

Foreign Investors

ConvexityShares’ investment products and the services referred to on convexityshares.com are intended to be made available only to U.S. residents. Some ConvexityShares products may be made available to non-U.S. residents through third parties. Under no circumstances is any information provided on the ConvexityShares website intended for distribution to or use by, or to be an offer to sell or solicitation of an offer to buy ConvexityShares ETFs or any investment product or service to, any person or entity in any jurisdiction or country where such distribution, use, offer or solicitation would subject ConvexityShares or its affiliates to any registration requirement or be unlawful under the securities laws of that jurisdiction or country.

Business Continuity Plan

ConvexityShares has a flexible Business Continuity Plan ("BCP") to respond to events that significantly disrupt business. ConvexityShares' BCP is designed to enable quick recovery and resumption of business operations after a significant business disruption ("SBD") by safeguarding employees and property, making financial and operational assessments, and protecting books and records so ConvexityShares can continue to transact business.

ConvexityShares' BCP addresses the following areas: data back-up and recovery; all mission-critical systems; financial and operational assessments; alternative communication methods with business constituents, employees, and regulators; alternative physical location for critical employees; service providers; and regulatory reporting. Back-up records are maintained electronically, and certain documentation is secured off site. While every emergency situation poses unique problems, it is ConvexityShares' and its technology service providers' objectives to restore all services as soon as possible.

SBDs vary in scope and severity. They may disrupt operations solely at ConvexityShares, or they may affect a larger area. Should an SBD occur applying solely to ConvexityShares' primary place of business, the firm will transfer operations to an off-site location and generally resume business the same day. If a larger area is disrupted, ConvexityShares will transfer operations to a site outside of the affected area and generally resume business within 24 hours. ConvexityShares will notify you of any necessary information through ConvexityShares.com.

This BCP is reviewed and approved annually by senior management and is subject to change. For more information, or if you have questions about the BCP, please contact ConvexityShares at info@convexityshares.com or through ConvexityShares.com.

Warranties, Disclaimers and Indemnifications

ConvexityShares makes no warranties, express or implied, about the use of ConvexityShares ETFs or ConvexityShares.com.
ConvexityShares.com is made available as is, and is subject to change at any time and without notice.
ConvexityShares makes no warranties, express or implied, that ConvexityShares.com will be uninterrupted, secure or error free.
ConvexityShares makes no warranties, express or implied, that the information on ConvexityShares.com will meet your needs or requirements.
To the full extent permitted under applicable law, ConvexityShares expressly disclaims all warranties of any kind with respect to ConvexityShares.com, and any products or services available on or through this website, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, suitability and non-infringement.
Any content or data downloaded or otherwise obtained through the use of ConvexityShares.com is done at your own discretion and risk. You are solely responsible for any damage to your computer system or other equipment, loss or corruption of data, or any other losses or damages, tangible or intangible, resulting from your use of any materials downloaded from or obtained through ConvexityShares.com.
You agree that ConvexityShares, Foreside, their subsidiaries and affiliates, and each of their officers, directors, employees, and agents is not liable for any direct, indirect, incidental, special, consequential, punitive, intangible, or exemplary damages, including but not limited to, damages from loss of profits, revenue, income, goodwill, use, or data beyond the control of ConvexityShares or Foreside, caused by your use of or your inability to use ConvexityShares.com.
You agree that ConvexityShares, Foreside, their subsidiaries and affiliates, and each of their officers, directors, employees, and agents is not liable for damages caused by theft, unauthorized access, systems failure, or communications line failure, or the cost of procuring substitute goods or services, or for any other occurrences beyond the control of ConvexityShares or Foreside, even if they have been advised of the potential for such damages, caused by your use of or your inability to use ConvexityShares.com.
As a condition of using ConvexityShares.com, you agree to indemnify and hold ConvexityShares, Foreside, their subsidiaries and affiliates, and each of their officers, directors, employees, and agents harmless from and against any claims, demands, losses, liabilities, costs and expenses, including attorney fees, arising from your use of or your inability to use ConvexityShares.com, or any violation by you of these Terms and Conditions of Use.

Social Media Policy

Any comments expressed by visitors to or followers of ConvexityShares and its affiliated social media websites (e.g., LinkedIn, Twitter, YouTube) are those of the persons submitting the comments and the responsibility of such persons. ConvexityShares does not adopt, endorse, or guarantee the accuracy of content posted by others, and such content does not represent the views of ConvexityShares. ConvexityShares reserves the right to remove and moderate comments.

ConvexityShares reserves the right to restrict users who have online pages containing offensive content or serving as promotional sites, or for any other reason.

ConvexityShares and Foreside do not sponsor the opinions or information presented in articles, unless otherwise indicated, nor do they assume liability for any loss that may result from relying on these opinions or information. The material is not intended as an offer or solicitation for purchase or sale of any security, nor is it individual or personalized investment advice.

ConvexityShares may provide a link to a specific third-party article, which may bring you to a site containing additional articles and hyperlinks. No third-party articles or links are created or endorsed by ConvexityShares, nor does ConvexityShares hold any responsibility for their content or accuracy. If visitor to or follower of ConvexityShares and its affiliate social media websites access additional articles, third-party web sites, and hyperlinks, they do so at their own risk.

Carefully consider the investment objectives, risks, charges and expenses of ConvexityShares before investing. This and other information can be found in their summary and full prospectus. Read them carefully before investing.

This information is not meant to be investment advice. Shares of any ETF are generally bought and sold at market price (not NAV) and are not individually redeemed from the fund. Brokerage commissions will reduce returns.

Investing involves risk, including the possible loss of principal. ConvexityShares ETFs are generally non-diversified and entail certain risks, including risk associated with the use of derivatives (swap agreements, futures contracts and similar instruments), imperfect benchmark correlation, leverage and market price variance, all of which can increase volatility and decrease performance. For more on correlation, leverage and other risks, please read the prospectus. There is no guarantee any ConvexityShares ETF will achieve its investment objective. ConvexityShares ETFs may not be suitable for all investors.

Email Correspondence

Inquiries concerning ConvexityShares can be made through our general information email address at info@convexityshares.com.

Governing Law

The terms of these policies, and any dispute that might arise between you and ConvexityShares, Foreside, their subsidiaries and affiliates, and each of their officers, directors, employees, and agents, are governed by the laws of the State of Delaware.

Important Information

An investor should only consider an investment in a Fund if he or she understands the consequences of seeking exposure to SPIKES futures contracts. The Funds are benchmarked to the T3 SPIKE Front 2 Futures Index (the “SPIKES Futures Short-Term Index”); the Funds are not benchmarked to the SPIKES Volatility Index.

The use of leverage present significant risks not applicable to other types of funds and may be illiquid and/or highly volatile. They seek daily goals and should not be expected to track the underlying index over periods longer than one day. The funds are not suitable for all investors and should only consider an investment in the funds if he or she understands the consequences of seeking daily leveraged results and the impact of compounding and who intends to actively monitor their investments.

The SPIKES Futures Short-Term Index consists of short-term SPIKES Futures contracts. As such, the performance of the Index can be expected to be very different from the actual volatility of SPY or the performance of the SPIKES Volatility Index. As a result, the performance of the Funds also can be expected to be very different from the actual volatility of SPY or the performance of the SPIKES Volatility Index, or the performance of one-and-a-half times (1.5x) of the actual volatility of SPY or the performance of one-and-a-half times (1.5x) the SPIKES Volatility Index. Nonetheless, the Index and the Funds would be expected to underperform in less volatile markets than in more volatile markets. If the Index declines by more than 66.67% on a given trading day, the Leveraged Fund’s investors would lose all of their money. This would be the case with any such single day movements in the Index, even if the Index maintains a level greater than zero at all times.

Unlike certain other asset classes that, in general, have historically increased in price over long periods of time, the volatility of SPY as measured by the SPIKES Volatility Index has historically reverted to a long-term average level over time. This means that the potential upside of an investment in a Fund may be limited. In addition, gains, if any, may be subject to significant and unexpected reversals. Investors holding Shares of the Funds beyond short-term periods have an increased risk of losing all or a substantial portion of their investment. The Funds generally are intended to be used only for short-term investment horizons. Shareholders who invest in the Funds should actively manage and monitor their investments, as frequently as daily.

In the event that the MGEX (Minneapolis Grain Exchange) Order is deemed unlawful, the SPIKES futures contracts could be deemed to be “securities” and fall within the definition under the Investment Company Act of 1940.

Futures may be affected by Backwardation: a market condition in which a futures price is lower in the distant delivery months than in the near delivery months. As a result, the fund may benefit because it would be selling more expensive contracts and buying less expensive ones on an ongoing basis; and Contango: A condition in which distant delivery prices for futures exceeds spot prices, often due to costs of storing and inuring the underlying commodity. Opposite of backwardation. As a result, the Fund’s total return may be lower than might otherwise be the case because it would be selling less expensive contracts and buying more expensive ones.

Daily compounding of the Leveraged Fund’s investment returns can dramatically and adversely affect its long-term performance, especially during periods of high volatility. Volatility has a negative impact on a Fund’s performance and may be at least as important to the Fund’s return for a period as the return of the Fund’s underlying Index. An investor in any of the funds could potentially lose the full principal value of his/her investment within a single day.

Investors should consider the investment objectives, risks, charges, and expenses carefully before investing. For a prospectus with this and other information about the Fund, please email info@convexityshares.com or download a prospectus by clicking here. Read the prospectus carefully before investing.

Foreside Fund Services, LLC is the Marketing Agent to the ConvexityShares SPIKES Futures ETFs.