These terms and conditions are between you and Clough Capital Partners L.P. (“we,” or “us” and "Clough Capital"), and they apply to and govern your use of the Clough Capital website, located at https://cloughetfs.com (the “Site”). Your use of the Site signifies your agreement to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions of use, you may not access or otherwise use the Site. Clough Capital may periodically change these terms and conditions, and any such changes will be effective immediately upon posting. We suggest that you periodically check these terms and conditions for changes. You may contact Clough Capital by email with questions about the terms and conditions of this User Agreement. Visit the Site’s Contact page to send an email.
Clough Capital grants you a revocable, non-exclusive, non-transferable, limited right to access, use, display, and print the pages within the Site and the materials thereon for your personal and informational use only, provided that you comply fully with these terms and conditions of use, as well as any other rules, procedures, policies, terms, or conditions that govern all or any portion of the Site. At any time, and for any reason, we may revoke your right to use all or any portion of the Site. You shall not:
Clough Capital owns, controls, licenses, or has the right to use and provide the Site and all Content on the Site. The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. We own the copyright in the entire Site, including a copyright in the selection, coordination, arrangement, and enhancement of the Site. You agree to abide by any and all copyright notices, information, or restrictions displayed on the Site. The Site may also contain trademarks or service marks that are owned by Clough Capital , and you may not use any such marks without our written permission.
The Site may contain links and pointers to other websites and resources (the “”Linked Sites””). These links are provided for your convenience and for your reference only. These links do not constitute an endorsement by or association with Clough Capital or any third-party resources or their contents. Hyperlinks do not imply that Clough Capital is affiliated or associated with or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the hyperlinks, or that any Linked Sites are authorized to use any trademark, trade name, logo, or copyright symbol of Clough Capital . If you access any Linked Site through the Site or otherwise, you do so at your own risk. Clough Capital is not responsible for information on any Linked Site that is referred in, or accessible or connected by hyperlink to, the Site.
All content is for informational purposes only. Nothing on the Site is an offer or solicitation to buy or sell any security or other similar product. Although the Site may include investment-related information, nothing on the Site is a recommendation that you purchase, sell, or hold any security or other investment, or that you pursue any investment style or strategy. You will use the Content at your own risk and bear the sole responsibility of evaluating the merits and risks associated with the use of any Content on this Site before making any decisions based on such Content. We do not give any advice or make any representations through the Site as to whether any security or investment is suitable to you or will be profitable. Nothing on the Site is intended to be, and you should not consider anything on the Site to be, investment, accounting, tax, or legal advice. Dated Content speaks only as of the date indicated or published. We make reasonable efforts to provide accurate Content, but at times we may not promptly update or correct the Site even if we are aware that it is inaccurate, outdated, or otherwise inappropriate. You agree that we are not liable for any action you take or decision you make in reliance on any Content. THE PAST PERFORMANCE OF ANY INVESTMENT, INVESTMENT STRATEGY, OR INVESTMENT STYLE IS NOT INDICATIVE OF FUTURE PERFORMANCE.
Clough Capital will abide by its privacy policy. Personal nonpublic information that we gather from you will be governed by our Privacy Policy. We have the right but not the obligation to monitor and record activity on the Site and respond as we deem appropriate. We may investigate any complaint or reported violation of our policies, and we may report any activity that we suspect may violate any law or regulation to regulators, law-enforcement officials, or other persons or entities that we deem appropriate. Furthermore, we may issue warnings, suspend or terminate use of the Site, deny access to all or part of the Site, or take any other action that we deem appropriate.
We may change all or any portion of the Site at any time without notice to you.
Clough Capital is not liable for any technological problems and any impact that it may have. All or any portion of the Site may not be available and may not function properly at any time. We make reasonable efforts to avoid technological problems, but at any time the Site may have and may cause technological problems, such as viruses and other damaging computer programming routines or engines. We take reasonable security precautions when using the Internet, telephone, or other means to transport data or other communications, but we disclaim liability for any interception of data or communications. We make reasonable efforts to ensure that the Site is secure, but we do not guarantee the security of the Site. We are not liable for any defects, delays, or errors in or resulting from your use of the Site.
CLOUGH CAPITAL DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE THAT THE LAW ALLOWS IT TO DISCLAIM. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, IS PROVIDED “”AS IS”” AND “”AS AVAILABLE”” WITHOUT ANY REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS. WITHOUT LIMITING OUR GENERAL DISCLAIMER, WE DO NOT WARRANT THE SECURITY, AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING, OR SPEED OF DELIVERY OF THE SITE OR ANY PART OF THE CONTENT.
CLOUGH CAPITAL’S LIABILITY WITH RESPECT TO THE SITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, AGENTS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED ARISING OUT OF THESE TERMS AND CONDITIONS, THE SITE, OR THE INABILITY TO USE THE SITE, EVEN IF WE, OR AN AUTHORIZED REPRESENTATIVE, HAVE BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES THAT YOU SUFFER OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES DONOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOTHE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU WILL BE RESPONSIBLE FOR ANY LIABILITY TO CLOUGH CAPITAL THAT ARISES OUT OF YOUR BREACH OF THIS USER AGREEMENT OR YOUR USE OF THE SITE. YOU AGREE TO INDEMNIFY CLOUGH ETFs AND ITS AFFILIATES, AGENTS, EMPLOYEES, AND THIRD-PARTY SOURCES AGAINST ANY AND ALL SUITS, LOSSES, CLAIMS, DEMANDS, LIABILITIES, DAMAGES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) THAT ARISE FROM OR RELATE TO YOUR USE OF THE SITE; YOUR BREACH OF THESE TERMS AND CONDITIONS; YOUR VIOLATION OF ANY APPLICABLE LAW, STATUTE, ORDINANCE, REGULATION, OR ANY THIRD PARTY’S RIGHTS; OR CLAIMS ASSERTED BY THIRD PARTIES WHICH, IF PROVEN, WOULD PLACE YOU IN BREACH OF THIS USER AGREEMENT.