Terms and Conditions

Terms of Use

PLEASE READ OUR TERMS AND CONDITIONS OF USE VERY CAREFULLY . USE OF THIS WEBSITE (WWW.WBIETFS.COM) CONSTITUTES YOUR EXPRESS ACNOWLEDGEMENT OF RECEIPT OF AND CONSENT TO THIS TERMS AND CONDITIONS AGREEMENT (“AGREEMENT”). WBI ETFS RESERVES THE RIGHT TO CHANGE, MODIFY, REMOVE, OR ADD PORTIONS TO OUR TERMS AND CONDITIONS AT ANY TIME. WE THERFORE RECOMMEND THAT YOU PERIODICALLY RETURN AND REVIEW THE TERMS AND CONDITIONS FOR CHANGES THAT MAY AFFECT YOU. ANY CHANGE, MODIFICATION, ADDITION, OR REMOVAL TO THESE TERMS AND CONDITONS WILL BECOME EFFECTIVE IMMEDIATELY UPON POSTING TO THIS WEBSITE.

Limitation of Liability

The information, graphics, and media presented on this Website are presented “AS IS”. WBI ETFs disclaims all warranties, expressed or implied to the fullest extent permissible by applicable law, including but not limited to; implied warranties of merchantability and fitness for a particular purpose. While the information, graphics, and media presented in this website are compiled from sources we believe to be reliable, WBI ETFs does not guarantee that the material is accurate, complete, current, or appropriate for a particular purpose. Decisions based upon the information, graphics and media in this website are solely the responsibility of the visitor.

Neither WBI ETFs nor any of its affiliates, directors, officers, employees, agents or 3rd party vendors will be held liable or have any responsibility for any losses, claims, or damages as a result of the visitor making use of this Website, nor will WBI ETFs, its affiliates, directors, officers, employees, agents, or 3rd party vendors be responsible for any losses, claims or damages resulting from any technical failure or interruption of the website. By using this Website you agree to indemnify, release and hold harmless WBI ETFs, its affiliates, officers, directors, owners, employees, agents, and 3rd party vendors against any and all claims, damages, losses, liability and expenses (including, but not limited to attorney fees) resulting from your use of this Website.

Content Disclaimer

This Website is provided for information purposes and should not be construed as a solicitation or offer to buy or sell any securities or related financial products and instruments. The investments and strategies discussed in this Website may not be suitable for all investors. By making the information available on its Website, WBI ETFs is not representing that any particular investment strategy is available or suitable for any particular visitor. Past performance may not be indicative of future results. Therefore no visitor should assume that future performance of any specific investment or investment strategy (including the investments and/or investment strategies recommended or undertaken by WBI ETFs) made reference to directly or indirectly by Absolute in its website, or indirectly via a link to an unaffiliated third party website, will be profitable or equal to the corresponding indicated performance level(s). Different types of investments involve varying degrees of risk, and there can be no assurance that any specific investment will either be suitable or profitable for a client or prospective client’s investment portfolio. Historical performance results for investment indices and/or categories generally do not reflect the deduction of transaction and/or custodial charges, the deduction of an investment management fee, nor the impact of taxes, the incurrence of which would have the effect of decreasing historical performance results.

Certain portions of WBI ETFs© website (i.e. newsletters, articles, commentaries, etc.) may contain a discussion of, and/or provide access to, WBI ETFs© (and those of other investment and non-investment professionals) positions and/or recommendations as of a specific prior date. Due to various factors, including changing market conditions, such discussion may no longer be reflective of current position(s) and/or recommendation(s). Moreover, no client or prospective client should assume that any such discussion serves as the receipt of, or a substitute for, personalized advice from WBI ETFs or from any other investment professional. WBI ETFs is not acting in the capacity as an investment adviser for any user of this website. WBI ETFs is neither an attorney nor an accountant, and no portion of the website content should be interpreted as legal, accounting or tax advice.

Please remember that different types of investments involve varying degrees of risk, and there can be no assurance that the future performance of any specific investment or investment strategy (including those undertaken or recommended by WBI ETFs), will be profitable or equal to any historical performance level(s).

Absolute Shares Trust, a Delaware statutory trust (“Trust”), is organized on behalf of the WBI ETFs, each a series of shares of the Trust (each, a “Fund” and, collectively, “Funds”), The Trust is an open-end management investment company, registered under the Investment Company Act of 1940, as amended (“1940 Act”).

The WBI ETFs website is limited to the dissemination of general information pertaining to its advisory services, together with access to additional investment-related information, publications, and links. Accordingly, the publication of the WBI ETFs website on the Internet should not be construed by any consumer and/or prospective client as WBI ETFs© solicitation to effect, or attempt to effect transactions in securities, or the rendering of personalized investment advice for compensation, over the Internet.

Certain portions of WBI ETFs© website (i.e. newsletters, articles, commentaries, etc.) may contain a discussion of, and/or provide access to, WBI ETFs© (and those of other investment and non-investment professionals) positions and/or recommendations as of a specific prior date. Due to various factors, including changing market conditions, such discussion may no longer be reflective of current position(s) and/or recommendation(s). Moreover, no client or prospective client should assume that any such discussion serves as the receipt of, or a substitute for, personalized advice from WBI ETFs or from any other investment professional. Certain of WBI ETFs© management programs may involve above-average portfolio turnover which could negatively impact upon the net after-tax gain experienced in non-qualified accounts.

To the extent that any client or prospective client utilizes any economic calculator or similar device contained within or linked to the WBI ETFs website, the client and/or prospective client acknowledges and understands that the information resulting from the use of any such calculator/device, is not, and should not be construed, in any manner whatsoever, as the receipt of, or a substitute for, personalized individual advice from WBI ETFs, or from any other investment professional.

3rd Party Links and Information

WBI ETFs does not control the content of nor make any representations or warranties as to the accuracy, timeliness, suitability, completeness, or relevance of any information prepared by any unaffiliated third party, whether linked to WBI ETFs© website or incorporated herein, and takes no responsibility thereof. All such information is provided solely for convenience purposes only and all users thereof should be guided accordingly.

Trademarks and Copyrights

The content provided in this Website is owned by WBI ETFs and is protected by applicable copyrights, trademarks, service marks and other intellectual property protections. This material is intended for personal, non commercial use only. If you download any content from this Website for your personal use you agree not to copy it or remove and/or obscure any copyright or other proprietary marks or information contained in the materials.

The contents’ appearance on our Website should not be construed as granting license or right to use of copyrighted or protected material. Any other use of the content is prohibited without express written permission of WBI ETFs. Prohibited use includes, but is not limited to; copying, reproducing, republishing, or distributing the content without express written authorization from WBI ETFs. Any unauthorized use of this content may violate trademark laws, copyright laws, and other statutes and regulations regarding intellectual property rights.

Email

WBI ETFs cannot guarantee the security of electronic communications. E-mail transmissions cannot be guaranteed to be secure or without error as information could be incomplete, intercepted, delayed, corrupted, lost, destroyed, or contain viruses. WBI ETFs does not accept liability for any errors or omissions in the contents and information received, nor the non-receipt or delivery as a result an e-mail transmission.

If you are receive an email from WBI ETFs in error and are not the intended recipient you are hereby notified that any unauthorized disclosure, dissemination, distribution, copying or the taking of any action in reliance on the information herein is strictly prohibited. If you have received an electronic communication in error, please notify the sender immediately and delete the message.

Emails will be reviewed and retained by WBI ETFs to satisfy certain regulatory requirements.

Termination

WBI ETFs may terminate a visitor’s access to our Website at any time and for any reason without Prior notice.

Privacy

Please review our Privacy Policy which is hereby incorporated by reference to this Agreement. It contains important information about our information collection procedure and the security of your personal information.

Jurisdiction

To the extent not inconsistent with applicable law, this Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey. In addition, to the extent not inconsistent with applicable law, the venue (i.e. location) for the resolution of any dispute or controversy involving WBI arising out of use of this Website shall be the County of Monmouth, State of New Jersey.

Severability

Any term or provision of this Agreement which is invalid or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms or provisions of this Agreement or affecting the validity or enforceability of any of the terms or provisions of this Agreement in any other jurisdiction.