Terms and Conditions

IMPORTANT INFORMATION

WARNING: This Website and communications herein are directed exclusively:

1. In the United Kingdom at, (i) persons who have professional experience in matters relating to investments and fall within Article 19 (Investment Professionals) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (the “Order”) or (ii) persons falling within Article 49(2)(a) to (d) (“high net worth companies, unincorporated associations, etc”) of the Order;

2. In Switzerland to Qualified Investors within the meaning of article 10 (3) and (3bis) of the Swiss Collective Investment Schemes Act (CISA) and the Swiss Collective Investment Schemes Ordinance (CISO) and/or for Independent Asset Managers within the meaning of article 3 (2) (c) CISA. The following are considered Qualified Investors within the meaning of CISA and CISO: (i) regulated financial intermediaries such as banks, securities dealers, fund management companies, asset managers of collective investment schemes as well as central banks, (ii) regulated insurance institutions, (iii) public entities and retirement benefit institutions (pension funds) with professional treasury operations, (iv) companies with professional treasury operations, (v) high-net-worth individuals which fulfil the requirements of CISA and/or CISO and who have declared in writing that they want to be classified as Qualified Investors, (vi) investors who have concluded a written discretionary management agreement with a regulated financial intermediary or an independent asset manager, unless they have declared in writing that they do not want to be classified as Qualified Investors; or

3. Other persons to whom this Website may lawfully be communicated together, such persons are referred to in this Website as "Relevant Persons".

Any investment or investment activity to which this Website relates, is available only to Relevant Persons and will be engaged in only with such persons. This Website is not directed at persons other than Relevant Persons and persons other than Relevant Persons should not access, use or rely on this Website.

This Website is owned and operated by Affiliated Managers Group, Inc. (AMG), in the EU/EEA by Affiliated Managers Group Limited (AMG Ltd.) and in Switzerland by Affiliated Managers Group (Switzerland) AG ("AMG Switzerland") and this section specifically applies to AMG Ltd. and AMG Switzerland. References in this Website to "we", "us" and "our" refer to one or more of AMG, AMG Ltd. and AMG Switzerland as appropriate.

AMG Ltd. provides financial services in the EU, the EEA and the Middle East and AMG Switzerland provides financial services in Switzerland as a representative of the regulated investment advisers (Affiliates) listed on this Website. AMG Ltd. may represent Affiliates other than those listed as Participating Affiliates in this Website. As such, the list of represented Affiliates may differ from the list of Participating Affiliates.

Information provided on this Website:

  • is intended for Relevant Persons only and may not comply with laws outside of the UK or Switzerland; and
  • is of a general nature and does not take into account a user’s individual circumstances, financial needs or objectives.

Affiliates referenced above provide investment management services to institutional clients subject to applicable legal and regulatory requirements applicable to their respective businesses.

Fund Distribution – EU/EEA

Undertakings for Collective Investment in Transferable Securities (UCITS) 
A UCITS is a collective investment vehicle which is established and authorised under the single European regulatory framework governed by UCITS Directive 2009/65/EC (the “UCITS Directive”). This permits the vehicle to be marketed across the EU and EEA on the basis of a single authorisation from one member state. Where a fund is a UCITS within the meaning of the UCITS Directive, that fund may obtain a passport permitting it to be proactively marketed in one or more other EU or EEA jurisdictions. Some funds affiliated with, or sub-advised by Affiliates, are passported UCITS. AMG Ltd. is permitted to carry on such marketing activities.

Alternative Investment Funds (AIFs) 
An AIF is a collective investment scheme that does not fall within the UCITS regime. Where a fund is an AIF within the meaning of Directive 2011/61/EU, then that AIF may be proactively marketed in a particular EU or EEA jurisdiction when it has a passport or falls within a national private placement regime. Some funds affiliated with, or sub-advised by Affiliates, are AIFs which are capable of being marketed in one or more EU or EEA jurisdictions. AMG Ltd. is permitted to carry on such marketing activity.

Switzerland 
In Switzerland, a (non-Swiss) fund must appoint a Swiss Representative and a Swiss Paying Agent before it may be distributed in Switzerland. Additionally, some funds may be registered with the Swiss Financial Market Supervisory Authority (FINMA) in order to be distributed to non-qualified investors. Distribution may also require the appointment of a distributor by the Swiss Representative. Some funds affiliated with, or sub-advised by Affiliates, have appointed a Swiss Representative and Paying Agent and may be distributed in Switzerland and may only be distributed to Qualified Investors and, if registered with FINMA, also to non-qualified investors. AMG Switzerland is licensed as a distributor by FINMA and has been appointed as the distributor of the following funds:

  • AQR Global Risk Parity UCITS Fund
  • AQR Emerging Equities UCITS Fund
  • AQR Managed Futures UCITS Fund
  • AQR Style Premia UCITS Fund
  • AQR Global Core Equity UCITS Fund
  • AQR Global Defensive Equity UCITS Fund
  • AQR Global Enhanced Equity UCITS Fund
  • AQR Global Defensive Beta 1 UCITS Fund
  • BlueMountain Credit Alternatives Fund Ltd.
  • BlueMountain Equity Alternatives Fund Ltd.
  • Harding Loevner Emerging Markets Equity Fund
  • Harding Loevner Frontier Markets Equity Fund
  • Harding Loevner Global Equity Fund
  • Harding Loevner International Equity Fund

Affiliates may be affiliated with or sub-advise funds which are not available for distribution in the EU/EEA or Switzerland through any of the mechanisms identified above.

Application of Terms and Conditions
Please read the following terms and conditions of use carefully before using this Website. By using this Website, you acknowledge that you have read these terms and conditions of use, together with any other terms and conditions, notices and disclaimers contained elsewhere on this Website (as posted from time to time) and that you understand them, and that you accept and agree to be bound by them. If you do not accept and agree to these terms and conditions of use, promptly exit this Website. We may, at any time and at our sole discretion and without notice, revise these terms and conditions by updating this posting. Therefore, you should periodically visit this page to review the current terms and conditions.

Information and Accuracy
We believe that the information on this Website has come from reliable sources, but we do not guarantee its completeness, accuracy or suitability for any purpose. The information contained within this Website is current only as of the date of the most recent update, or if no update information has been provided, the date of issuance. Users are strongly encouraged to check the date this Website and any information contained within, or linked to, this Website was last updated. We cannot guarantee that the material on this Website has not been affected by technical malfunctions or unauthorized tampering.

The materials on this Website are subject to change without notice.

THIS WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEBSITE, IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AMG, AMG LTD., AMG SWITZERLAND, AND THE AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THIS WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THIS WEBSITE OR ANY LINKED SITE. FURTHER, AMG, AMG LTD., SWITZERLAND, AMG AND THE AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON­-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AMG, AMG LTD., AMG SWITZERLAND AND THE AFFILIATES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

No liability 
WE AND THE AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

We and the Affiliates are not responsible for any damages whatsoever and, in particular, AMG Ltd., AMG Switzerland, AMG and/or the Affiliates shall not be responsible for direct, indirect, special, punitive, incidental, or consequential damages, or damages for lost profits, loss of revenue, loss of use, lost data, lost opportunity, or any other commercial or other damages, arising out of or related to the use, reliance on, inability to use, performance, or non-­performance of the information, data or merchandise that appears on, or is linked or related in any way to this Website, whether such damages arise from contract, negligence, tort, or otherwise, even if we or any of the Affiliates have been  advised of the possibility of such damages. IF YOU ARE DISSATISFIED WITH THIS WEBSITE, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE TO USE IT.

Scope of information 
Neither AMG Ltd. nor AMG Switzerland is in the business of providing investment advice and shall have no liability whatsoever for any investment decisions or the results of any investments made by a user of this Website. Nothing contained in this site constitutes investment advice. Neither the information, nor any opinion contained in this site constitutes a solicitation or offer by us or the Affiliates to buy or sell any securities, futures, options or other financial products, or offer investment advisory services, nor shall any financial products be offered or sold or investment advisory service offered to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the laws of such jurisdiction. Decisions based on information contained in this site are the sole responsibility of the user.

Past performance 
Any reference to past performance of a financial product is intended for general illustrative purposes only and should not be relied upon as an indication of future performance.

Your conduct 
You represent, warrant, and covenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through this Website any materials which (i) restrict or inhibit any other user from using and enjoying this Website, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old.

You hereby agree to indemnify, defend and hold AMG Ltd., AMG Switzerland, AMG, the Affiliates and all of their officers, directors, partners, members, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability, losses, costs, charges and expenses incurred by any of the Indemnified Parties in connection with any claim arising out of any breach by you of these terms and conditions of use or any of the representations, warranties and covenants made by you herein, including, without limitation, all legal fees and costs. You shall cooperate as fully as reasonably required or requested in the defence of any claim. AMG Ltd. and AMG Switzerland reserve the right, at their own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of AMG Ltd. and/or AMG Switzerland as appropriate.

Security and confidentiality 
Electronic mail submitted to this site should be considered neither secure nor confidential. We make no representation whatsoever concerning the security or confidentiality of your electronic messages and specifically makes no representation that any electronic messages submitted through this Website will be received by us. Furthermore, any communications or material you transmit to this Website by electronic mail or otherwise, including, but not limited to, data, questions, comments, or suggestions will be treated as non-­confidential and non-proprietary and will become the property of AMG, AMG Ltd. or AMG Switzerland, as appropriate. Such communications or materials may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Further, we may monitor your use of the Website, and we reserve the right to use any ideas, concepts, know­-how, or techniques contained in any electronic communication you send to this Website for any purpose whatsoever. You hereby waive all rights to any claim against AMG Ltd., AMG Switzerland or AMG for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such communications.

We do not and cannot review all materials posted to the Website by users, and we are not responsible for any such materials posted by users. Nevertheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these terms and conditions of use.

You acknowledge that you are aware that by using this Website you may be subject to security and privacy exploitations, including, eavesdropping, sniffing, spoofing, hacking, breaking passwords, harassment, and exposure to objectionable material, posturing, or other security or privacy hazards. YOU ACKNOWLEDGE AND AGREE THAT ANY CONTENT OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED FROM AMG LTD., AMG SWITZERLAND, AMG OR THE AFFILIATES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES WHATSOEVER ARISING FROM THE DOWNLOAD OR OTHER ACQUISITION OF SUCH CONTENT OR SOFTWARE. AMG LTD., AMG SWITZERLAND, AMG OR THE AFFILIATES WILL NOT BE RESPONSIBLE IF ANY SOFTWARE OR CONTENT INFECTS OR CONTAMINATES A USER'S SYSTEM OR INFORMATION.

Copyright 
Other than as expressly provided in these terms and conditions of use, your use of this Website does not create a licence or any other rights in trademarks, service marks, copyrights, patents, trade secrets or any other intellectual property or proprietary rights of AMG Ltd., AMG Switzerland, AMG or any of the Affiliates. The content of this Website (the "Content") is only for your personal use for internal business purposes. All materials  contained on this Website are protected by copyright, and are owned or controlled by AMG Ltd., AMG Switzerland, AMG or the Affiliates or the party credited as the provider of the Content (if any). You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on this Website. You may download and make one copy of the Content and other downloadable items displayed on this Website for personal, non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal use for internal business purposes is expressly prohibited without the prior written consent of AMG Ltd., AMG Switzerland or the copyright holder identified in the individual Content's copyright notice. You may not use, publish, display, disclose, rent, lease, modify, loan, distribute, transmit, reuse, repost any of the Content or create derivative works based on the Content, the Website or any part thereof. "Affiliated Managers Group" is a service mark registered with the United States Patent and Trademark Office. The names of the Affiliates and their funds and products are service marks and/or trademarks of the respective firms. The trade and service marks and trade dress of AMG Ltd., AMG Switzerland, AMG and the Affiliates may not be used in connection with any product or service not owned or explicitly sanctioned by AMG Ltd., AMG Switzerland, AMG or the relevant Affiliate, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AMG Ltd., AMG Switzerland, AMG or any of the Affiliates. Any trade and service marks not owned by AMG Ltd., AMG Switzerland, AMG or an Affiliate that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to or endorsed by AMG Ltd., AMG Switzerland, AMG or the Affiliates.

Data Protection 
If you provide us with your personal information via electronic communication or otherwise, then it may be held and processed by us and other organisations who perform activities on behalf of AMG Ltd., AMG Switzerland or AMG, in order to answer your queries, or for the purposes specified in the relevant part of the Website and for other purposes for which you give your consent. The holding and processing of data may take place outside of the UK, Switzerland and Europe generally but will be subject to appropriate data protection safeguards.

Cookies 
Our Website uses cookies.  By using the AMG Website you are agreeing to our use of these cookies.

Links to third party websites 
Links to third-party websites through so-­called "hyperlinks" are provided by us as a convenience. We do not control these sites and we are not responsible for the content, update or accuracy of these sites. We do not endorse or make any representations about the companies, products, or materials accessible through these hyperlinks, or the security of such websites. If you opt to hyperlink to other websites accessible through this Website, you do so entirely at your own risk. Further, no representation or warranty is provided for any software that you may download from a link from this Website.

Governing law 
The conditions of use and other terms, notices and disclaimers appearing on this Website are governed by the law in force in England and Wales and Switzerland. You agree to the non­-exclusive jurisdiction of the courts of the relevant jurisdiction and any courts which may hear appeals from those courts in respect of any proceedings in connection with these online conditions of use.

Entire agreement 
You hereby acknowledge that these terms and conditions of use, as modified from time to time, constitute the entire agreement between AMG Ltd. or AMG Switzerland, as appropriate, and you with respect to your use of this Website. Any cause of action you may have with respect to your use of this Website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of the terms and conditions of use shall continue in full force and effect.

Copyright © 2018 Affiliated Managers Group, Inc. All Rights Reserved.

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