Conning & Company, Conning, Inc., Goodwin Capital Advisers, Inc., Conning Investment Products, Inc., Conning Asset Management Limited, Conning (Germany) GmbH, Conning Asia Pacific Limited, and Octagon Credit Investors, LLC are all direct or indirect subsidiaries of Conning Holdings Limited (each of which may be referred to individually or collectively as “Conning,” as applicable).  Conning’s websites comprise various webpages, materials and social media pages presented herein and therein (collectively, the “Websites”), and are offered to you the user (“you” or “user”) conditioned upon your acceptance without modification of the following terms, conditions and notices pertaining to the use of the Websites (these "Terms of Use").

READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITES.  YOUR USE OF THE WEBSITES CONSTITUTES YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ THESE TERMS OF USE AND YOU EXPRESSLY AGREE TO ALL SUCH TERMS OF USE.  DO NOT USE THE WEBSITES IF YOU DO NOT AGREE WITH THESE TERMS OF USE.

CONNING reserves the right to change, MODIFY, ADD OR REMOVE PORTIONS OF these Terms of Use without notice at any time FOR ANY REASON.  CONNING SUGGESTS THAT YOU REVIEW THESE TERMS OF USE PERIODICALLY FOR CHANGES. SUCH CHANGES SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING.  YOU ACKNOWLEDGE AND EXPLICITLY AGREE THAT BY ACCESSING THE WEBSITES AFTER CONNING HAS POSTED CHANGES TO THESE TERMS OF USE, YOU ARE AGREEING TO THESE TERMS OF USE AS MODIFIED.

Website Ownership and Operation

The Websites are owned and operated by Conning Holdings Limited for the use of Conning.

It is the responsibility of users to take reasonable steps to cause authorized representatives to comply with these Terms of Use.  Each user is requested to bring to Conning’s attention promptly any aspect of the material on, or the functionality of, the Websites that is not to the user's satisfaction or appears defective in any way.

Conning endeavors to maintain the operation of the Websites, but Conning is not, and cannot be, responsible for the results of any defects that may exist in the Websites or their operation.  THE OPERATION OF, CONTENT OF AND ANY MATERIALS MADE AVAILABLE THROUGH THE WEBSITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.  CONNING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  CONNING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.  THE MATERIALS ON THE WEBSITES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.  THESE MATERIALS COULD ALSO BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES.  CONNING MAKES NO WARRANTY THAT: (I) THE OPERATION OF THE WEBSITES WILL MEET THE USER'S REQUIREMENTS; (II) ACCESS TO THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FREE OF ERRORS; OR (III) DEFECTS WILL BE CORRECTED.  You (and not Conning) assume the entire cost of all servicing, repair or correction that may be necessary for your computer equipment, smart phone, or other computerized device, firmware and software as a result of any viruses, errors or other problems you may encounter as a result of visiting the Websites or downloading and using the software and materials available through the Websites.

Applicability of Terms of Use

These Terms of Use apply to the use of the Websites.  There may be provisions in separate subscription, license and other agreements executed between Conning and you which govern aspects of the use of the Websites.  If there is an inconsistency between these Terms of Use and any such agreements, the terms of the other agreements will prevail.

The Websites may contain links to websites operated by parties other than Conning.  Such links are provided for your convenience and reference only.  The linked websites that are not operated by Conning are not under the control of Conning, and Conning provides no warranties either express or implied, and is not responsible for the contents of any such linked website or any link contained in such linked website.  The inclusion of a link to a website not operated by Conning does not imply any association with its operators or any endorsement of the linked website by Conning.

Privacy and Social Media Policy 

Click here to view Conning’s Privacy and Social Media Policy.  Conning’s Privacy and Social Media Policy (“Privacy Policy”) applies to the use of the Websites, and its terms are made a part of these Terms of Use by reference.  EXCEPT AS MAY BE PROHIBITED BY APPLICABLE LAW, BY USING THE WEBSITES You expressly consent to Conning’s privacy policy and the collection, processing and/or other use of your personal information that you or CONNING may transmit over thE WEBSITES.

CONNING reserves the right to change, MODIFY, ADD OR REMOVE PORTIONS OF Its privacy policy INCORPORATED BY REFERENCE HEREIN without notice at any time FOR ANY REASON.  CONNING SUGGESTS THAT YOU REVIEW SAID privacy POLICY PERIODICALLY FOR CHANGES.  SUCH CHANGES SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING.  YOU ACKNOWLEDGE AND EXPLICITLY AGREE THAT BY ACCESSING THE WEBSITES AFTER CHANGES TO THE privacy policy HAVE BEEN POSTED, YOU ARE AGREEING TO SAID TERMS AS MODIFIED.

Monitoring of the Websites 

Conning expressly reserves the right to monitor any and all use of the Websites, but Conning is under no obligation to do so and assumes no responsibility or liability arising from your use of the Websites.  By using thE WebsiteS, you acknowledge and expressly agree that internet transmissions are never completely private or secure and that there is always a risk that data, including email, electronic communications and personal data, may be accessed by unauthorized third parties when communicated between you and CONNING through thE WebsiteS or through electronic communications.

Your use of the Websites or your sending emails to Conning constitutes electronic communications.  You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that Conning provides to you electronically, via email and on the Websites, satisfy any legal requirement that such communication be in writing.

Conning may investigate any complaint or reported violation of its policies and take any action that it deems appropriate.  Conning also reserves the right to report any activity that it suspects may violate any law or regulation to appropriate law enforcement officials, regulators or other persons or entities.  In order to cooperate with governmental requests, to protect Conning’s systems and users, to ensure the integrity and operation of the Websites or Conning’s business or systems, or otherwise to comply with the law and legal process, Conning may access and disclose any information it considers necessary or appropriate.

Conning reserves the unconditional right to remove from the Websites anything it considers harmful, offensive, or in violation of law, regulation or any agreement.

Passwords and Security 

You may not access any password-protected portion of thE WebsiteS unless you HAVE BEEN SPECIFICALLY authorized by Conning.  You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to any third party.  You accept full responsibility for all activity conducted through your account and agree to and hereby release Conning from any and all liability concerning such activity.  You agree to notify Conning immediately of any actual or suspected loss, theft or unauthorized use of your password.  Conning has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with the above PROVISIONS.  Conning will take reasonable security precautions when using the Internet or other electronic and hard copy means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data or communications by unauthorized persons or entities. 

Intellectual Property 

All publications of Conning are copyright protected.  NO PART OF ANY PUBLICATION MAY BE REPRODUCED, TRANSCRIBED, TRANSMITTED, STORED IN AN ELECTRONIC RETRIEVAL SYSTEM, OR TRANSLATED INTO ANY LANGUAGE IN ANY FORM BY ANY MEANS WITHOUT THE PRIOR WRITTEN PERMISSION OF CONNING.  

The content available through the Websites, including, but not limited to: the information on the Websites, publications, images, charts, graphs, graphics, designs, photographs, any Marks (as defined below), numerical and alphabetical data, software and HTML code (collectively, the "Content") are, except as otherwise explicitly noted, the property of Conning or its licensors (as the case may be) and are subject to protection by U.S. and international intellectual property laws and treaty provisions, including, but not limited to, those relating to patent rights, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how and any other similar rights.

Subject to these Terms of Use and, except as expressly indicated otherwise herein or on the Websites, you agree not to download, copy, store, manipulate, reformat, modify, adapt, reproduce, retransmit, distribute, circulate, display, publish, perform, sell, rent, print or create derivative works from, or make any other use of the Content (or any portion thereof) without the prior written approval of Conning.  The preceding sentence prohibits you from, among other things, posting or reposting any Content to forums, list services, newsgroups, mailing lists, social media and electronic bulletin boards without the prior written approval of Conning.  You are not authorized to resell access to any Content or to redistribute or facilitate the redistribution of any such Content for sale to others.  You may not delete copyright or other intellectual property rights and proprietary notices from printouts of electronically accessed materials.

You agree and acknowledge that all trademarks, service marks, logos, names and titles (collectively, the "Marks") on the Websites and within the Content are proprietary to their respective owners and are protected by applicable law.  Nothing on the Websites should be construed as granting any license or right to use any of the Marks displayed on the Websites.  Any unauthorized use of the Marks or any other Content is strictly prohibited.

Users should be aware that Conning publications and studies are encoded to allow Conning to trace the original recipient of the publication.  Conning has and will continue to enforce its intellectual property rights to the fullest extent of the law.

Materials to be Consulted in their Entirety 

All materials on the Websites are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures and any copyright or proprietary notices.

Prohibited Uses 

Users may not:

  • use the Websites to commit criminal or civil violations of federal, state, local or international laws, regulations or other government requirements or infringe on the rights of Conning;
  • tamper with, or attempt to tamper with the Websites, including uploading, posting, emailing or otherwise transmitting any material that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software or hardware or the telecommunications equipment that is owned, leased or used by Conning;
  • use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Websites or any of its content, or in any way reproduce or circumvent the navigational structure or presentation of the Websites or its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Websites;
  • attempt to gain unauthorized access to any portion or feature of the Websites or any other systems or networks connected to the Websites, or to any of the services offered on or through the Websites, by hacking, password “mining” or any other illegitimate means;
  • probe, scan or test the vulnerability of the Websites or any network connected to the Websites, nor breach the security or authentication measures on the Websites or any network connected to the Websites,
  • reverse look-up, trace or seek to trace any information on any other user of or visitor to the Websites, to its source, or exploit the Websites or any service or information made available or offered by or through the Websites, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided by the Websites;
  • take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Websites or any systems or networks connected to the Websites;
  • use any device, software or routine to interfere or attempt to interfere with the proper working of the Websites or with any other user’s use of the Websites;
  • pretend that you are, or that you represent someone else, or impersonate any individual or entity;
  • copy, post, reproduce, transmit, upload, republish or distribute in any way material from the Websites in any manner inconsistent with the purposes for which Conning offers it;
  • without Conning’s express written permission, copy, modify or display its name, or any Content from the Websites;
  • without Conning’s express written permission, redeliver any of the Content of the Websites using "framing," redirection or similar technology or otherwise deliver the Websites in a manner that does not maintain the integrity of the layout, content and look and feel of the Websites;
  • include any Conning trademark, trade name or service mark of Conning, the name of any of Conning personnel, or any variation of any of the foregoing, or any other indicator that may create a likelihood or confusion or a false or misleading impression of affiliation, sponsorship or endorsement between Conning and any user and/or website; or
  • upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights,

Violation of These Terms of Use

Conning may disclose any information it has about you (including your identity) if it determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Websites or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Conning’s rights or property, or the rights or property of visitors or users of the Websites.  Conning reserves the right at all times to disclose any information that Conning deems necessary to comply with any applicable law, regulation, legal process or governmental request.  Conning also reserves the right at all times to disclose your information when Conning determines that applicable law requires or permits such disclosure. 

You acknowledge and agree that Conning may preserve any transmittal or communication by you with Conning and may also disclose such data if required to do so by law or if Conning determines that such preservation or disclosure is reasonably necessary to (a) comply with legal process, (b) enforce these Terms of Use, (c) respond to claims that any such data violates the rights of others, or (d) protect the rights, property or personal safety of Conning, its employees, users of or visitors to the Websites, and the public.

You agree that Conning may, in its sole discretion and without prior notice, terminate your access to the Websites and/or block your future access to the Websites, if Conning determines that you have violated these Terms of Use or other agreements that you have with Conning.  You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice and will cause irreparable harm to Conning, for which monetary damages would be inadequate, and you consent to Conning obtaining any injunctive or equitable relief that Conning deems necessary or appropriate in such circumstances.  These remedies are in addition to any other remedies Conning may have in law or in equity.

If Conning does take any legal action against you as a result of your violation of these Terms of Use, Conning shall be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Conning.  You agree Conning will not be liable to you or to any third party for termination of your access to the Websites.  These Terms of Use will not be interpreted or construed to confer any rights or remedies on any third parties.

Limitation of Liability 

You are entirely liable for activities conducted by you or your representatives in connection with your use of thE WebsiteS.

Under no circumstances shall Conning be liable for any damages or injury, including any direct, special, incidental, consequential or punitive damages, that may result from the use of, or the inability to use, the materials in the Websites, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available in the Websites, even if you have been advised of the possibility of such damages.  These include, but are not limited to, damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus or other harmful component.

Conning will not in any way be liable to you in respect of any loss or damage suffered by you arising in respect of, or in connection with (a) any inaccuracy, error or omission, regardless of cause, included in data of a third party service provider that forms part of the materials on the Websites or (b) any advice, opinion, recommendation, guidance, forecast, judgment, publication, conclusion or any course of action (or inaction) of you, made or taken in reliance of, or based on, any of the data provided by such third party service providers that is included in the materials made available to you on the Websites.

Limitations on Exclusion of Warranties 

Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.  Accordingly, some of the above limitations or exclusions may not apply to you.  However, in no event shall Conning’s total liability to you for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing the Websites.

Indemnification 

You agree to defend, indemnify and hold Conning, its subsidiaries, affiliates, employees, agents, officers, directors, agents, contractors, suppliers and other representatives harmless from and against all liabilities, damages, claims, actions, costs and expenses (including attorneys' fees), in connection with or arising from your breach of these Terms of Use and/or your use of the Websites.

No Investment Advice, Recommendations, Offers or Solicitations

You alone will need to evaluate the merits and risks associated with the use of the Websites.  Decisions based on information obtained from the Websites are your sole responsibility.  The information available through the Websites is not and should not be construed as any advice, recommendation or endorsement from Conning as to any legal, tax, investment or other matter.  Nothing on the Websites shall be considered a solicitation or offer to buy or sell any security, future, option or other financial instrument (including an interest in Conning) or to offer or provide any investment advice or service to any person in any jurisdiction.  Nothing contained on the Websites constitutes investment advice, and the views expressed on the Websites should not be taken as advice to buy, sell or hold any investment.  No aspect of the information provided or available on the Websites is based on the consideration of the user's personal circumstances.  USERS SHOULD CONSULT WITH AND SEEK PROFESSIONAL ADVICE FROM THEIR OWN ATTORNEYS, ACCOUNTANTS, FINANCIAL ADVISORS AND THEIR OWN OTHER ADVISERS WITH RESPECT TO THEIR INDIVIDUAL CIRCUMSTANCES AND NEEDS.

Statements and information in Conning’s publications and on the Websites are compiled from sources that Conning considers to be reliable or are expressions of Conning’s opinion.  The information available on the Websites is not intended to be complete, and Conning does not guarantee its accuracy.  Conning does not make any warranties, express or implied, in the statements and information on the Websites.  Any views expressed on the Websites by Conning were prepared based upon the information available to Conning at the time such views were written.  Changed or additional information could cause such views to change.  All information is subject to correction at any time and may not be reflected on the Websites.  Information may quickly become unreliable for various reasons, including changes in market conditions or economic circumstances.  Past performance is not necessarily indicative of future results.

Securities Disclaimer 

Conning, Inc., Goodwin Capital Advisers, Inc., Conning Investment Products, Inc. ,a FINRA-registered broker/dealer, Conning Asset Management Limited, Conning Asia Pacific Limited, and Octagon Credit Investors, LLC are all direct or indirect subsidiaries of Conning Holdings Limited, which is one of the family of companies owned by Cathay Financial Holding Co., Ltd., a Taiwan-based company. Conning has offices in Boston, Cologne, Hartford, Hong Kong, London, New York, and Tokyo.

Conning, Inc., Conning Investment Products, Inc., Goodwin Capital Advisers, Inc., and Octagon Credit Investors, LLC are registered with the Securities and Exchange Commission (“SEC”) under the Investment Advisers Act of 1940 and have noticed other jurisdictions they are conducting securities advisory business when required by law.  In any other jurisdictions where they have not provided notice and are not exempt or excluded from those laws, they cannot transact business as an investment adviser and may not be able to respond to individual inquiries if the response could potentially lead to a transaction in securities.

Conning, Inc. is also registered with the National Futures Association. Conning Investment Products, Inc. is also registered with the Ontario Securities Commission.  Conning Asset Management Limited is authorized and regulated by the United Kingdom's Financial Conduct Authority (FCA#189316), and Conning Asia Pacific Limited is regulated by Hong Kong’s Securities and Futures Commission for Types 1, 4 and 9 regulated activities.  Conning primarily provides asset management services for third-party assets.  Conning predominantly invests client portfolios in fixed income strategies in accordance with guidelines supplied by its institutional clients.

All investment performance information accessible on any Conning website is historical.  Past performance is not indicative of future results.  Any tax related information contained within the materials accessible on Conning  websites is for informational purposes only and should not be considered tax advice. You should consult a tax professional with any questions.

Securities are offered through Conning Investment Products, Inc. an affiliated broker-dealer. Member of FINRA (http:www.finra.org/) / SIPC (http://www.sipc.org/).

For complete details regarding Conning and its services, you should refer to Form ADV Part 2. You may obtain a copy by calling (860) 299-2340.

Void where Prohibited

Conning administers and operates the Websites from its location in the United States.  Although the Websites is accessible worldwide, not all products or services discussed, referenced, provided or offered on the Websites may be available to all persons in all geographic locations outside the United States.  Any product or service offered on the Websites is void where prohibited.  If you choose to access the Websites from outside of the United States, you do so upon your own initiative and you are solely responsible for complying with applicable local laws.

In certain jurisdictions, where required by law, Conning may only transact business where it has filed notice or otherwise registered with the jurisdiction that it is conducting investment advisory business. In any jurisdictions where it has not provided notice or registered and is not otherwise exempt or excluded from such requirements, it cannot transact business as an investment adviser and may not be able to respond to your inquiries.

Severability 

If any provision of these Terms of Use shall be held to be unlawful, void, invalid or unenforceable by any court, or regulatory or self-regulatory agency or body, such condition shall attach only to such provision. The validity of the remaining provisions shall not be affected thereby and these Terms of Use shall be carried out as if any such unlawful, void, invalid or unenforceable provision were not contained herein.

Governing Law 

These Terms of Use, notwithstanding anything contrary in any agreement between you and Conning, shall be governed by and construed in accordance with the laws of the United States of America and the State of Connecticut.  In connection with any litigation, without limiting Conning's right to bring an action against you in any jurisdiction, you further agree to submit to the exclusive jurisdiction of and venue in the state and federal courts of Connecticut and hereby waive any objection to the propriety or convenience of venue in such courts. Any claim or cause of action you may have arising out of or related to the use of the Websites or these Terms of Use must be filed within one (1) year after such claim or cause of action arose regardless of any statute or law to the contrary.

Assignability 

These Terms of Use will be binding on and will inure to the benefit of the legal representatives, successors, heirs and assigns of the parties hereto.  Conning may assign these Terms of Use in whole or in part at any time without your consent.  You may not assign these Terms of Use or delegate any of your obligations hereunder.  Any purported assignment of these Terms of Use in violation of its terms shall be void.

Notice to Conning

Any notice to Conning that is required or permitted by these Terms of Use shall be in writing and shall be deemed effective upon receipt, when sent by confirmed email to vi.smalley@conning.com or when delivered in person or mailed by first class, registered or certified mail, postage prepaid, to Vi R. Smalley, General Counsel, Conning, One Financial Plaza, Hartford, CT 06103-2627.

No Waiver of Rights 

No failure of either party to enforce any of its rights under these Terms of Use will act as a waiver of such rights.

Third Party Data

Conning complies with all policies, terms and conditions of its third party service providers whose content is included in the materials made available to you on the Websites.  You acknowledge that Conning may be required to terminate delivery of certain data or materials in the event that you fail to comply with the policies, terms and conditions of such applicable third party service providers.

Modification and Termination of Website  

Conning reserves the right to modify or discontinue all or any portion of the Websites made available at any time without prior notice.  The Websites may also be unavailable during periods of maintenance or for other reasons.

Conning may block access to the use of all or any portion of the Websites without prior notice for any reason in Conning’s sole discretion.  Conning reserves the right to prohibit, restrict or terminate a particular user's access to the Websites, without giving notice of, or a reason for, such action.  These Terms of Use will continue to apply to your past use of the Websites in the form in which it existed at the time of the subject use.  Termination of your access to and use of the Websites shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Conning.

Conning is not required to make available or to continue to make available the Websites to residents of any jurisdiction where Conning determines, in its sole discretion that furnishing the Websites might be unlawful under the laws of such jurisdiction or for any other reason.

Entire Agreement 

Except as otherwise provided herein, these Terms of Use, including all agreements and policies incorporated herein by reference or by hyperlink, as they may be amended from time to time by Conning, including, but not limited to, posting such amendments on the Websites, constitute the complete and exclusive agreement between Conning and you with respect to the use of the Websites and supersede all prior discussions, understandings and agreements with respect to the use of the Websites.  Conning will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected.

,,CONNING®, GOODWIN®, 康利®, FIRM®, AFFIRM®, GEMS®, CONNING-GEMS®, GEMS ESG®, ADVISE®, CONNING ADVISE®, are all registered trademarks of Conning in various world-wide jurisdictions. ADVISE®, FIRM®, and GEMS® are proprietary software published and owned by Conning, Inc., ©1990-2016 Conning, Inc., all rights reserved.

©2016 Conning Holdings Limited.  All rights reserved.

 

Last Updated December 17, 2016.