Disclaimer

Underlying Index

“Brendan Wood,” “Brendan Wood International,” “Brendan Wood Shareholder Conviction TopGun Index ” “AXS / Brendan Wood Shareholder Conviction TopGun Index ETF., The TopGun Club (collectively, the “Brendan Wood Index”) are reprinted with permission. © Copyright 2022 Brendan Wood International, All rights reserved. “Brendan Wood International” and Brendan Wood Index are service marks of Brendan Wood International and/or its affiliates and have been licensed for use for certain purposes by AXS Investments LLC (“AXS”) on behalf of the Fund that are based on a Brendan Wood TopGun Index. The Fund is not issued, sponsored, endorsed or promoted by Brendan Wood Index and/or Brendan Wood Index’s affiliates, First Intelligence Corporation, Brendan Wood TopGun Partnerships Inc.nor is Brendan Wood Index and/or Brendan Wood Index’s affiliates an adviser to the Fund. Brendan Wood Index and Brendan Wood Index’s affiliates make no representation, express or implied, regarding the advisability of investing in the Fund or Brendan Wood Index and do not guarantee the quality, accuracy or completeness of Brendan Wood Index, index values or any index related data included herein, provided herewith or derived therefrom and assume no liability in connection with their use. As the index provider, Brendan Wood Index is licensing certain trademarks, Brendan Wood Index and trade names which are composed by Brendan Wood Index without regard to AXS, the Fund or any investor. Brendan Wood Index and Brendan Wood Index’s affiliates do not provide investment advice to AXS or the Fund and are not responsible for the performance of the Fund. Brendan Wood Index compiles and publishes the Brendan Wood Index. AXS has entered into a license agreement with Brendan Wood Index to use the [Name of Brendan Wood Underlying Index] (“Underlying Index”).

 

Disclaimers

The Fund is not issued, sponsored, endorsed or promoted by Brendan Wood Index, any affiliate of Brendan Wood Index, including First Intelligence Corporation, Fifteen Prince Arthur Corporation. Brendan Wood TopGun Partnerships Inc. or any other party involved in, or related to, making or compiling the Brendan Wood Index. Brendan Wood Index is the exclusive property of Brendan Wood Index and/or its affiliates. Neither Brendan Wood Index, any affiliate of Brendan Wood Index nor any other party involved in, or related to, making or compiling the Brendan Wood Index makes any representation or warranty, express or implied, to the shareholders of the Fund or any member of the public regarding the advisability of investing in securities generally or in the Fund particularly or the ability of the Brendan Wood Index to track the corresponding market performance. Brendan Wood Index is the licensor of certain trademarks, trade names and service marks of Brendan Wood Index and/or its affiliates and of the Brendan Wood Index, which are determined, composed and calculated by Brendan Wood Index and/or its affiliates without regard to AXS, the Fund or the shareholders of the Fund. Neither Brendan Wood Index, any affiliate of Brendan Wood Index nor any other party involved in, or related to, making or compiling the Brendan Wood Index has any obligation to take the needs of AXS, the Fund or the shareholders of the Fund into consideration in determining, composing or calculating the Brendan Wood Index. None of Brendan Wood Index or any of its affiliates have the obligation to continue to provide the Brendan Wood Index to AXS or the Fund beyond the applicable license term. Neither Brendan Wood Index, any affiliate of Brendan Wood Index nor any other party involved in, or related to, making or compiling the Brendan Wood Index is responsible for or has participated in the determination of the timing, pricing, or quantities of the Fund to be issued or in the determination or calculation of the equation by which the Fund are to be redeemable. Neither Brendan Wood Index, any affiliate of Brendan Wood Index nor any other party involved in, or related to, making or compiling the Brendan Wood Index has any obligation or liability in connection with the administration, marketing or trading of the Fund. Brendan Wood Index and its affiliates do not provide investment advice to AXS or the Fund and are not responsible for the performance of the Fund.

NEITHER BRENDAN WOOD INDEX, ANY AFFILIATE OF BRENDAN WOOD INDEX NOR ANY OTHER PARTY INVOLVED IN, OR RELATED TO, MAKING OR COMPILING THE BRENDAN WOOD INDEX WARRANTS OR GUARANTEES THE ACCURACY AND/OR THE COMPLETENESS OF THE BRENDAN WOOD INDEX OR ANY DATA INCLUDED THEREIN AND/OR PROVIDED THEREWITH AND SHALL HAVE NO LIABILITY FOR ANY ERRORS, OMISSIONS, OR INTERRUPTIONS THEREIN. NEITHER BRENDAN WOOD INDEX, ANY AFFILIATE OF BRENDAN WOOD INDEX NOR ANY OTHER PARTY INVOLVED IN, OR RELATED TO, MAKING OR COMPILING THE BRENDAN WOOD INDEX MAKES ANY WARRANTY, EXPRESS OR IMPLIED, AS TO RESULTS TO BE OBTAINED BY AXS, THE FUND, SHAREHOLDERS OF THE FUND, OR ANY OTHER PERSON OR ENTITY FROM THE USE OF THE BRENDAN WOOD INDEX OR ANY DATA INCLUDED THEREIN. NEITHER BRENDAN WOOD INDEX, ANY AFFILIATE OF BRENDAN WOOD INDEX NOR ANY OTHER PARTY INVOLVED IN, OR RELATED TO, MAKING OR COMPILING THE BRENDAN WOOD INDEX MAKES ANY EXPRESS OR IMPLIED WARRANTIES, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE BRENDAN WOOD INDEX OR ANY DATA INCLUDED THEREIN AND/OR PROVIDED THEREWITH. WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT SHALL BRENDAN WOOD INDEX, ANY AFFILIATE OF BRENDAN WOOD INDEX OR ANY OTHER PARTY INVOLVED IN, OR RELATED TO, MAKING OR COMPILING THE BRENDAN WOOD INDEX HAVE ANY LIABILITY FOR DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES OR LOSSES (INCLUDING LOST PROFITS), EVEN IF NOTIFIED OF THE POSSIBILITY THEREOF. THERE ARE NO THIRD PARTY BENEFICIARIES OF ANY AGREEMENTS OR ARRANGEMENTS BETWEEN BRENDAN WOOD INDEX AND AXS.

No purchaser, seller or holder of this security, or any other person or entity, should use or refer to any Brendan Wood Index trade name, trademark or service mark to sponsor, endorse, market or promote this product without first contacting Brendan Wood Index to determine whether Brendan Wood Index’s permission is required. Under no circumstances may any person or entity claim any affiliation with Brendan Wood Index without the written permission of Brendan Wood Index.