mxuscast - BofA Markets

Bank of America Investable Indices - This website provides clients with comprehensive coverage of Bank of America's investable indices and strategies.
This website is intended for use by US persons only.
By selecting that you are a US person you hereby affirm that you are a resident of and located in the United States. Bank of America Corporation or any of its affiliates, direct and indirect subsidiaries and related companies (collectively or separately, as the context may require, “BofA”) specifically disclaims any responsibility whatsoever for the dissemination of these materials to individuals or entities that provide false information regarding their country of legal residence. Persons who access the material made available on these webpages accept the Terms of Use.
Terms and conditions
Your use of this Website and any Content herein is subject to these Terms and Conditions of Use (the “Terms of Use”).  
These Terms of Use are a contract between Bank of America Corporation (“BofA”) and you, on your own behalf as an individual, and the entity on whose behalf you are accessing the Website, whether as an employee, associated person, independent contractor, agent, or in a similar representative capacity (collectively “you”).  
BY CLICKING “ACCEPT” AND USING THIS WEBSITE, YOU ARE DEEMED TO ACCEPT THESE TERMS OF USE, AND AGREE TO BE BOUND BY AND TO COMPLY WITH THESE TERMS OF USE AND RELATED NOTICES AND INSTRUCTIONS PROVIDED TO YOU IN CONNECTION WITH THE USE OF THIS WEBSITE.  
PLEASE READ THESE TERMS OF USE CAREFULLY.  If you do not agree to be bound by these Terms of Use, do not use the Website.
These Terms of Use supplement, but do not supersede, the provisions of any applicable existing or subsequent agreements between you and BofA or its affiliates, all of which otherwise remain in effect. The specific terms of any such agreement shall supersede any conflicting terms of these Terms of Use.  

AUTHORITY
You hereby represent and warrant that you are authorized to accept this Agreement and access this Website. The distribution of Content on this Website may be restricted by the laws and regulations of the country from which you are accessing this Website. Persons accessing this Website are required to inform themselves about and to observe any such restrictions. The information on this Website is not directed at or intended for distribution to or use by any person or entity in any jurisdiction or country where: (a) its distribution or use would be contrary to law or regulation; or (b) there is no BofA affiliate authorized to distribute such information.  

INDEX INFORMATION
Content for informational purposes only

This Website enables authorized users to view data and other information relating to various indices (each, an “Index”) which BofA or its affiliate publishes, including certain Index data and other content or functionality (collectively, the “Content”). The Content is made available for informational purposes only.  It is not a product of, and has not been reviewed or passed on by the Research Department of BofA or its affiliates.  This site is not the official source for Index values and you may not rely on them as such.

Those who choose to access this website do so on their own initiative and are responsible for compliance with all applicable laws and regulations.  

No Offer to Sell; No Recommendation; No Advice
No information, materials or other Content published on the Website constitutes a solicitation, an offer, or a recommendation to buy or sell any financial instrument, to effect any transaction, or to conclude any legal act of any kind whatsoever.

Content is provided for your information and convenience, does not constitute investment or financial advice or advertising and it is neither an offer to sell, a solicitation of any offer to buy or an offer to effect any transaction with respect to any financial instrument or product. The Content has been prepared without regard to the specific investment objectives, financial situation and needs of any particular recipient.

BofA does not provide financial, investment, legal, accounting, regulatory or tax advice through the Website and nothing herein should be construed as being financial, investment, legal, accounting, regulatory, tax or other advice. BofA does not represent that any particular index, financial instrument or services referred to on the Website are suitable for any investor. No investment or other decisions should be made solely based on the Content found on the Website.  Neither the Website nor the Content should be used for valuation purposes or relied upon for the maintenance of your books and records or for any financial, investment, legal, accounting, regulatory, tax or other purposes.

When making a decision about any investment, you should seek the advice of a professional financial advisor or qualified expert.  

Sources of information
The Content has been compiled based on information obtained from various sources. We do not guarantee the accuracy, completeness, continued availability, or timeliness of the Website or the Content, or the data on which it is based. Content made available on or through the Website may include information or other data received from third parties, and we do not represent that such third-party information or data is accurate or complete and it should not be relied upon as such.

Past performance not an indicator of future performance

Past performance of an Index is not a reliable guide to future performance and the past performance of an Index may have been determined on terms different to those described on this Website and in the Content. The future performance of an Index cannot be deduced from previous market value. An Index value may be influenced by a variety of market and other factors. No assurance, representation or warranty is given with respect to the future performance of an Index or that it will achieve its objective. Financial instruments linked to an Index can fluctuate in price or value and prices, values or income may fall against the interests of any investor or counterparty exposed to the performance of such Index. Changes in rates of exchange, rates of interest and prices of any index components, among other things, may have an adverse effect on the Index.

Use of simulated returns

Index performance prior to the applicable index live date has been determined by reference to historical data and must be considered as simulated and thus purely hypothetical. The methodology used to calculate the Index prior to such date, and the assumptions upon which such performance is based, may be different to those applied from the applicable index live date and in the future.  The use of historical data may result in material differences between the simulated performance of such Index, prior to the applicable index live date, and any subsequent actual performance. Any hypothetical historical levels presented herein have not been verified by an independent third party, and such hypothetical historical levels have inherent limitations. Alternative simulations, techniques, modeling or assumptions might produce significantly different results and prove to be more appropriate. Hypothetical back-tested results are neither an indicator nor guarantee of future returns. Actual results will vary, perhaps materially, from any simulated returns presented in this Website.

In addition, the simulated returns or other Content may not reflect analytical models or assumptions actually used by BofA or other market participants and may not be representative of internal valuations employed, or decisions made by BofA for its own, or other purposes.

Conflicts of interest
BofA acts on an arm’s length basis and not in the capacity of your financial advisor or fiduciary in connection with the Website and its Content.
Potential conflicts of interest may exist in the internal teams and divisions of BofA or across different entities within BofA. For example, one team may calculate and publish the level of an Index, while another team within the organization may issue or promote/sell products linked to an Index or an index component. In addition, a further team within the organization may have trading positions in or relating to instruments and assets to which the performance of an Index is directly or indirectly linked (including any index component). Entities within BofA may be active and significant participants in or act as market maker in relation to a wide range of markets for currencies, commodities, securities and derivatives. Such activities may be undertaken on such a scale as to affect, either temporarily or on a long-term basis, the price of such investments which may impact adversely on an Index. Neither BofA nor any of its affiliates shall have any duty or obligation to take into account any impact in the performance of an Index when effecting transactions in such markets.

In addition, BofA or its Affiliates may enter into transactions referencing or relating to the Index with one or more counterparties or may engage in proprietary trading in, or make a market for, an Index or securities, options, futures, derivatives or other instruments relating to the Index or any index component (including such trading as it or its affiliate deems appropriate in their sole and absolute discretion to hedge its market risk with respect to an Index or any transaction relating to an Index) for their accounts, for business reasons, or for other accounts under its or their management.  BofA and its affiliates may from time to time take proprietary positions and/or make a market in instruments identical or economically related to the Index or financial instruments that you have entered into or may enter into, or may have an investment banking or other commercial relationship with and access to information from the issuer(s) of securities, financial instruments, or other interests underlying such Index or financial instrument. BofA and its affiliates may enter into such transactions or hedging transactions with a view to a profit or other financial gain.  In addition, any such trading may affect the level and consequently the amounts payable or deliverable in any financial instrument referencing or relating to an Index.  Such trading may be effected at any time, including on or near determination, setting, resetting or other calculation dates for an Index or such index components, or the pricing, setting, resetting or other valuation date(s) for any such financial instrument. 
BofA and its affiliates may trade or clear for their own accounts or for their other customers; such trading or clearing may affect the value of the trades, strategies or transactions entered into or to be entered into relating to or affecting one or more Indexes described herein.
Forward Looking Statements

The Content may contain statements that constitute “forward looking statements”. While these forward looking statements may represent our judgment and future expectations, a number of risks, uncertainties and other important factors could cause actual developments and results to differ materially from such expectations. BofA is under no obligation to (and expressly disclaims any such obligation to) update or alter its forward looking statements whether as a result of new information, future events, or otherwise.


LIMITED USE LICENSE

License.  BofA grants you a limited, revocable, non-exclusive, non-transferable license to use this Website and the Content for your internal purposes only, and in accordance with these Terms of Use and subject to the disclaimers/disclosures herein.  You may not sell, publish, reproduce, perform, distribute, re-transmit, sublicense, give third parties access or display (by sharing access or otherwise), assign, reverse engineer, modify, or change any portion of this Website or any Content without the prior written consent of BofA.  BofA reserves all rights not explicitly granted herein; there are no implied licenses. You agree not to (and not to attempt to) exceed or defeat any security or access limitations of the Website or Content, or use them in any manner that could damage, disable, overburden, modify, alter, or impair the Website or Content or interfere with any other person’s or entity’s use and enjoyment of the Website or Content.
Uses Requiring Separate Agreement. Except under a separate written license between BofA (or its affiliate) and you, you may not use the Content as the basis for any financial instrument, portfolio, benchmark, strategy, index, input into a trading model, a research or data product, or any transaction; or use the Content in any offering document.

NO WARRANTIES; AS IS; LIMITATIONS OF LIABILITY
No Warranty. THE CONTENT IS PROVIDED “AS IS”.  BOFA AND ITS AFFILIATES, AND ANY THIRD PARTY SUPPLIERS, MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, STATUTORY, ORAL, OR IN WRITING, AND EXPRESSLY DISCLAIM ALL REPRESENTATIONS OR WARRANTIES, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. 

Limitations of Liability. TO THE FULL EXTENT PERMITTED BY LAW, EXCEPT TO THE EXTENT OF ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, BOFA AND ITS AFFILIATES, AND ANY THIRD PARTY SUPPLIERS, SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, REGARDLESS OF THE CAUSE OF ACTION (INCLUDING NEGLIGENCE, BREACH, OR OTHERWISE), FOR LOSS, EXPENSE, OR DAMAGE, INCLUDING WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER DAMAGES OF ANY KIND, ARISING FROM OR RELATED TO THE WEBSITE OR CONTENT, OR ANY ACTION TAKEN IN RELIANCE THERON OR RESULTS FROM ANY USE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.  BOFA AND ITS AFFILIATES, AND ANY THIRD PARTY SUPPLIERS, SHALL NOT BE LIABLE FOR ANY MATTER OUTSIDE OF ITS CONTROL, INCLUDING AN EVENT OF FORCE MAJEURE.


BofA INTELLECTUAL PROPERTY RIGHTS
Intellectual Property Rights and Reservation of Rights. 

The Website and Content is protected, without limitation, pursuant to U.S. and foreign copyright, trademark, patent, neighboring, database, and/or other proprietary rights and laws (“Intellectual Property Rights”). You agree that this Website and the Content were developed, compiled, prepared, revised, selected and arranged by BofA, its affiliates and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money, and constitutes valuable Intellectual Property of BofA, its affiliates and others.  You do not acquire any right, title or interest (nor does it amount to an assignment or transfer of any rights) in the Website or any Content by virtue of accessing the Website or making use of the Content, and you agree not take any action inconsistent with BofA or the suppliers’ ownership or Intellectual Property Rights in the Website or Content. BofA does not waive any of its Intellectual Property Rights in this Website or the Content.


Service Marks and Trademarks
Any BofA service marks. logos, corporate names, and trademarks (“Marks”) that are displayed or cited within this Website or Content are the property of BofA. Third party service marks, logos, and trademarks are property of their respective owners. You agree that you will not use any Marks in any way not authorized herein, including in any manner which creates the impression that such Marks belong to or are identified with you, or that BofA (or the owner) endorses you, or your products or services.
Third Party Suppliers or Content
The Website or Content may be provided through products or services of third party suppliers.  BofA is not in control of such suppliers, has not independently verified their content, and is not liable for any errors or omissions on their part.  Some Indices are based on, or use third party benchmarks or other data, as input or components; BofA and its affiliates are not responsible for the component, including any calculations, administration, or marketing of the component.
MODIFICATION; TERMINATION
These Terms of Use may be amended or supplemented by BofA from time to time in its sole discretion and such amended or supplemented Terms of Use will be effective immediately upon publication, unless otherwise specified. Your continued use of the Website will constitute acceptance of such amendment or supplement, as the case may be. BofA may discontinue providing the Website, or Content, in whole or in part, at any time, without prior notice.  BofA may assign or delegate its rights and duties under these Terms of Use to an affiliate or third party at any time without notice to you.  
GOVERNING LAW; EXCLUSIVE DISPUTE JURISDICTION
These Terms of Use will be construed in accordance with the laws of the State of New York, without regard to its conflicts of law provisions.  Any claim, suit, action, or proceedings arising out of or related to these Terms of Use (“Proceedings”) will be brought exclusively in the Federal or State courts located in or serving New York County, New York, United States, and each party irrevocably consents to the jurisdiction of and venue in such courts, and waives any claim that such Proceedings have been brought in an inconvenient forum. EACH PARTY HEREBY IRREVOCABLY WAIVES ANY RIGHT TO TRIAL BY JURY. 
SEVERABILITY; HEADINGS; USAGE
If any specific term or condition of these Terms of Use is held to be invalid, void or unenforceable, that determination shall not affect the validity of the remaining provisions of these Terms of Use.  Headings used in these Terms of Use are for convenience, are not substantive and shall not be used to interpret or construe any of the provisions contained in these Terms of Use.  When used in these Terms of Use, the words “include”, “includes”, and “including” shall be deemed to be followed by the phrase “without limitation”; “or” includes “and/or”.  
“BANK OF AMERICA” AND “BofA SECURITIES” ARE THE MARKETING NAMES FOR THE GLOBAL BANKING AND GLOBAL MARKETS BUSINESSES OF BANK OF AMERICA CORPORATION.  LENDING, OTHER COMMERCIAL BANKING ACTIVITIES AND TRADING IN CERTAIN FINANCIAL INSTRUMENTS ARE PERFORMED GLOBALLY BY BANKING AFFILIATES OF BANK OF AMERICA CORPORATION INCLUDING BANK OF AMERICA, N.A., MEMBER FDIC. TRADING IN SECURITIES AND OTHER FINANCIAL INSTRUMENTS, AND STRATEGIC ADVISORY, AND OTHER INVESTMENT BANKING ACTIVITIES, ARE PERFORMED GLOBALLY BY INVESTMENT BANKING AFFILIATES OF BANK OF AMERICA CORPORATION, INCLUDING, IN THE UNITED STATES, BofA SECURITIES, INC. AND MERRILL LYNCH PROFESSIONAL CLEARING CORP., BOTH OF WHICH ARE REGISTERED BROKER-DEALERS AND MEMBERS OF SIPC, AND, IN OTHER JURISDICTIONS, BY LOCALLY REGISTERED ENTITIES, INCLUDING MERRILL LYNCH INTERNATIONAL AND BofA SECURITIES EUROPE S.A>. BofA SECURITIES, INC. AND MERRILL LYNCH PROFESSIONAL CLEARING CORP. ARE REGISTERED AS FUTURES COMMISSION MERCHANTS WITH THE CFTC AND ARE MEMBERS OF THE NFA.
INVESTMENT PRODUCTS OFFERED BY INVESTMENT BANKING OR BROKERAGE AFFILIATES ARE: •  NOT FDIC INSURED •  MAY LOSE VALUE •  NOT BANK GUARANTEED
© 2021 BANK OF AMERICA CORPORATION. ALL RIGHTS RESERVED.
Accept Terms And Conditions
"Bank of America" and "BofA Securities" are the marketing names used by the Global Banking and Global Markets divisions of Bank of America Corporation. Lending, other commercial banking activities, and trading in certain financial instruments are performed globally by banking affiliates of Bank of America Corporation, including Bank of America, N.A., Member FDIC. Trading in securities and financial instruments, and strategic advisory, and other investment banking activities, are performed globally by investment banking affiliates of Bank of America Corporation ("Investment Banking Affiliates"), including, in the United States, BofAS, Inc. and Merrill Lynch Professional Clearing Corp., both of which are registered broker-dealers and Members of SIPC, and, in other jurisdictions, by locally registered entities. BofAS, Inc. and Merrill Lynch Professional Clearing Corp. are registered as futures commission merchants with the CFTC and are members of the NFA.
Investment products offered by Investment Banking Affiliates:
Are Not FDIC Insured * May Lose Value * Are Not Bank Guaranteed.