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SPADE® Indexes (the” Index”) are calculated by the NYSE/ICE Data Services (“NYSE”). Products based on the Index, are not sponsored, endorsed, sold or promoted by the NYSE, and the NYSE makes no representation regarding the advisability of investing in such product(s).” [NYSE/ICE DATA SERVICES MAKES NO EXPRESS OR IMPLIED WARRANTIES, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY SPADE® INDEX INCLUDING THE SPADE DEFENSE INDEX OR ANY DATA INCLUDED THEREIN. IN NO EVENT SHALL THE NYSE/ICE DATA SERVICES HAVE ANY LIABILITY FOR ANY SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.”] SPADE INDEXES AND NYSE AND ITS AFFILIATES MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE RESULTS TO BE OBTAINED BY ANY PERSON OR ENTITY FROM THE USE OF SPADE INDEXES, TRADING BASED ON THE INDEXES, OR ANY DATA INCLUDED THEREIN IN CONNECTION WITH THE TRADING OF INDEX PROVIDER INDEX ETFS, OR FOR ANY OTHER USE. INDEX PROVIDER AND NYSE AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE INDEX OR ANY DATA INCLUDED THEREIN. THE INDEX INFORMATION CALCULATED AND DISSEMINATED AND ANY OTHER DATA DISSEMINATED BY NYSE OR ANY OF ITS AFFILIATES OR AGENTS ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED FOR TRADING PURPOSES. AS SUCH, THE INDEX INFORMATION AND OTHER INFORMATION DISSEMINATED BY NYSE ARE PROVIDED ON AN “AS IS” BASIS. NYSE MAKES NO WARRANTY, EXPRESS OR IMPLIED, RELATING TO THE INDEX INFORMATION OR OTHER INFORMATION COVERED BY THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE OR NONINFRINGEMENT. NYSE ARCA DOES NOT WARRANT THAT THE INDEX INFORMATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE INDEX INFORMATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NYSE ARCA DOES NOT WARRANT OR REPRESENT THE USE OF THE INDEX INFORMATION IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.