Recipients shall be required to agree to the below information as described in Section 3 of the Model Center Exhibit:
1) The Model Portfolios and Documentation are provided “as-is”, without any warranty of any kind, express or implied, and Recipient and the third party Licensor (Van Eck Associates Corporation) expressly disclaim all warranties, whether express or implied, including implied warranties of merchantability, suitability or fitness for a particular purpose, or that the Model Portfolios will produce any particular investment outcome, with respect to any Model Portfolios or Documentation provided by Licensor hereunder or otherwise to FactSet or any other
2) Nothing in the Agreement between FactSet and Recipient shall be construed as FactSet’s third-party Licensor providing, nor shall FactSet’s third-party Licensor be responsible for providing, investment advice to Recipient or any other third party. Recipient expressly acknowledges and affirms that: (a) the Model Portfolios were created without consideration of the investment objectives, risk tolerance or financial circumstances of the Recipient or
any other third party (including but not limited to any financial advisor or its client); (b) neither the Model Portfolios nor the Documentation constitute investment advice or discretion in any form; and (c) FactSet’s third party Licensor does not have any advisory, fiduciary or other responsibility to Recipient or any other third party (including but not limited to any financial advisor or its client) in connection with FactSet or its third party Licensor’s delivery of the Model Portfolios and Documentation to Recipient.
3) Any information provided by either FactSet or its third-party Licensor in connection with the Model Portfolios may be based on a variety of sources. While the information is believed to be reliable, the accuracy of any information or source cannot be guaranteed. Recipient acknowledges that any past performance shown in connection with the Model Portfolios are not indicative of future results and that information presented in a Model Portfolio and Documentation is subject to change.
4) Van Eck Associates Corporation (“VanEck”) and/or its affiliates receive revenue from VanEck funds. The Model Portfolios and documentation provided by VanEck will likely be constructed of, contain, or utilize VanEck funds. In situations where multiple fund families offer a fund that is similar to a VanEck fund, VanEck will exercise a preference for including the VanEck fund in the Model Portfolios. VanEck and/or its affiliates receive a management fee for advising VanEck funds, and additional investments into a VanEck fund may increase the amount of VanEck’s management fee. VanEck, therefore, has an incentive and a potential conflict of interest in the inclusion of, and preference for, the VanEck funds in the Model Portfolios.