TERMS AND CONDITIONS OF USE

Access to the Guggenheim Indexes website defined below is provided by Guggenheim Investments. For purposes of this agreement, "Guggenheim Investments" shall mean Guggenheim Partners Investment Management, LLC. and its affiliates, and their officers, directors, managing directors, partners, and employees. The "Guggenheim Investments website" shall mean the website of Guggenheim Partners Investment Management, LLC. available to the general public and located at rbpinstitute.com and other select domains.

MONITORING BY GUGGENHEIM INVESTMENTS

Your use of the products and services on this website may be monitored by Guggenheim Investments, and the resultant information may be used by Guggenheim Investments for its internal business purposes or in accordance with the rules of any applicable regulatory or self-regulatory organization.

INFORMATION MADE AVAILABLE THROUGH THIS SERVICE

You are permitted to store, display, analyze, modify, reformat and print the information made available to you via this service only for your own use. You are not permitted to publish, transmit or otherwise reproduce this information, in whole or in part, in any format to any third party without the express written consent of Guggenheim Investments. In addition, you are not permitted to alter, obscure or remove any copyright, trademark or any other notices that are provided to you in connection with the information. Guggenheim Investments reserves the right, at any time and from time to time, in the interests of its own editorial discretion and business judgment to add, modify or remove any of the information. These Terms and Conditions of Use are not intended to, and will not, transfer or grant any rights in or to the information other than those which are specifically described herein, and all rights not expressly granted herein are reserved by Guggenheim Investments or the third party providers from whom Guggenheim Investments has obtained the information. You are required to read and abide by any additional terms and conditions that may be posted on this service from time to time concerning information obtained from specific third-party providers. Such third-party providers shall have no liability to you for monetary damages on account of the information provided to you via this service.

NO WARRANTIES MADE AS TO CONTENT; NO RESPONSIBILITY TO UPDATE

Guggenheim Investments makes no warranty, express or implied, concerning this service. The services provided by us and our third-party providers are on an "as is" basis at your sole risk. Guggenheim Investments expressly disclaims any implied warranty of merchantability or fitness for a particular purpose, including any warranty for the use or the results of the use of the services with respect to their correctness, quality, accuracy, completeness, reliability, performance, timeliness or continued availability. Neither Guggenheim Investments nor any of its third party providers shall have any responsibility to maintain the data and services made available on this website or to supply any corrections, updates, or releases in connection therewith. Availability of data and services are subject to change without notice.

NO LIABILITY FOR CONTENT; NO LIABILITY ARISING FROM USE

Guggenheim Investments shall have no liability, contingent or otherwise, to you or to third parties, or any responsibility whatsoever, for the failure of any connection or communication service to provide or maintain your access to this service, or for any interruption or disruption of such access or any erroneous communication between Guggenheim Investments and you, regardless of whether the connection or communication service is provided by Guggenheim Investments or a third-party service provider. Guggenheim Investments shall have no liability, contingent or otherwise, to you or to third parties, for the correctness, quality, accuracy, timeliness, reliability, performance, continued availability, completeness or delays, omissions or interruptions in the delivery of the data and services available on this website or for any other aspect of the performance of this service or for any failure or delay in the execution of any transactions through this service. In no event will Guggenheim Investments be liable for any special, indirect, incidental or consequential damages which may be incurred or experienced on account of you using the data or services made available on this website, even if Guggenheim Investments has been advised of the possibility of such damages. Guggenheim Investments will have no responsibility to inform you of any difficulties experienced by Guggenheim Investments or third parties with respect to the use of the services or to take any action in connection therewith.

NO WARRANTIES MADE AS TO SECURITY

Guggenheim Investments makes no warranty whatsoever to you express or implied, regarding the security of the website, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through this service. SYSTEM OUTAGES, SLOWDOWNS AND CAPACITY LIMITATIONS/DELAYS IN ORDER ROUTING, EXECUTIONS AND TRADE REPORTS As a result of high Internet traffic, transmission problems, systems capacity limitations and other problems, you may, at times, experience difficulty accessing the website or communicating with Guggenheim Investments through the Internet or other electronic and wireless services. Any computer system or other electronic device, whether it is yours, an Internet service provider's or Guggenheim Investments's can experience unanticipated outages or slowdowns, or have capacity limitations.

NO DUTY TO UPDATE PREVIOUSLY-ISSUED MATERIAL

Guggenheim Investments may change the RBP^® methodology at any time without notice to you, and does not undertake to advise you of any changes to a previously-issued RBP^® Report that may result from changes to its methodology.

CONTENT NOT TO BE CONSTRUED AS A SOLICITATION OR RECOMMENDATION

This material has been prepared for informational purposes only without regard to any particular user's investment objectives, financial situation or means, and Guggenheim Investments is not soliciting or advising on the advisability of any action based upon it. This material is not to be construed as a recommendation; or an offer to buy or sell; or the solicitation of an offer to buy or sell any security, financial product or instrument; or to participate in any particular trading strategy in any jurisdiction in which such an offer or solicitation, or trading strategy would be illegal. Guggenheim Investments makes no representation regarding the advisability of investing in any investment fund or other investment product that seeks to provide an investment return based on the performance of any index, and Guggenheim Investments makes no assurance that any investment products based on the index will accurately track index performance or provide positive investment returns. A decision to invest in any such investment fund or other investment product should not be made in reliance on any of the statements set forth in these materials. Although this material is based upon information that Guggenheim Investments considers reliable and endeavors to keep current, Guggenheim Investments has not verified this information and does not represent that this material is accurate, current or complete and it should not be relied upon as such.

NO DETERMINATION OF SUSTAINABILITY HAS BEEN MADE; NOT ALL RISKS ARE DISCLOSED; PRIVATE ADVISORS SHOULD BE CONSULTED

The fact that Guggenheim Investments has made the data and services provided on this website available to you constitutes neither a recommendation to enter into a particular transaction nor a representation that any product described on this website is suitable or appropriate for you. RBP Ratings are not a signal or timing service that can be used to buy or sell individual stocks. In addition, no claim is made that the RBP Ratings can, in and of themselves, be used to determine which securities to buy or sell, or when to buy or sell them. Inclusion of a security within an index is not a recommendation by Guggenheim Investments to buy, sell, or hold such security, nor is it considered to be investment advice. Any discussion of the risks contained herein with respect to any product should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned. You should neither construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax or accounting advice nor make this service the basis for any investment decisions made by or on behalf of you, your accountants or your managed or fiduciary accounts, and you should consult your business advisor, attorney and tax and accounting advisors concerning any contemplated transactions.

NO REPRESENTATIONS MADE AS TO OTHER SITES OR LINKS

This service may provide links to certain Internet sites (the "Sites") sponsored and maintained by third parties. Guggenheim Investments is providing such links solely as a convenience to you. Accordingly, Guggenheim Investments makes no representations concerning the content of the Sites. The fact that Guggenheim Investments has provided a link to the Site does not constitute an endorsement, authorization, sponsorship or affiliation by Guggenheim Investments with respect to the Site, its owners or its providers. Guggenheim Investments has not tested any information, software or products found on any of the Sites and therefore does not make any representations with respect thereto, including any representations regarding the content or sponsors of the Site, or the suitability or appropriateness of the products or transactions described therein.

© Guggenheim Partners Investment Management, LLC 2024

Guggenheim RBP Blended Index^SM1 and Guggenheim RBP Large-Cap Defensive 100 Index^SM (the “indexes”) are the property of Guggenheim Investments, which has contracted with S&P Dow Jones indices LLC or its affiliate (“S&PDJI”) to maintain and calculate the indexes. The S&P 2 –Year Treasury Note Futures Total Return Index is the property of S&P and/ or its their party licensors and has been licensed by S&PDJI for use by Guggenheim Investments in connection with the indexes. S&PDJI shall have no liability for any errors or omissions in calculating the indexes.

Our Commitment to You

Guggenheim Investments considers your privacy our utmost concern. We recognize that your relationship with us is based on trust and that you expect us to act responsibly and in your best interests. Because we may have access to private information about you, we hold ourselves to the highest standards in its safekeeping and use, This means, most importantly, that we do not sell client information to anyone—whether it is your personal information or if you are a current or former Guggenheim Investments client.

The Information We Collect About You

In order to provide you with individualized service, we may collect certain nonpublic personal information about you from information you provide on applications or other forms (such as name, address, Social Security or other tax identification number, age, information that we collect on our website through the use of “cookies,” and other personal information). We may also collect such information through your inquiries by mail, e-mail or telephone.

How We Handle Your Personal Information

As emphasized above, we do not sell information about current or former clients or their accounts to third parties. Nor do we share such information, except when necessary to complete transactions at your request or to make you aware of related products and services that we offer. Additional details about how we handle your personal information are provided below.

To complete certain transactions that you direct, it may be necessary to provide identifying information to companies, individuals or groups that are not affiliated with Guggenheim Investments. To alert you to other Guggenheim Investments products and services, we may share your information within the Guggenheim Investments family of affiliated companies. This would include, for example, sharing your information within Guggenheim Investments so we can make you aware of new services offered through another Guggenheim Investments affiliated company. In certain instances, we may contract with nonaffiliated companies to perform services for us. Where necessary, we will disclose information we have about you to these third parties.  In all such cases, we provide the third party with only the information necessary to carry out its assigned responsibilities and only for that purpose. And we require these third parties to treat your private information with the same high degree of confidentiality that we do.

In certain instances, we may share information with other financial institutions regarding individuals and entities in response to the U.S.A. Patriot Act.

We will release information about you if you direct us to do so, if we are compelled by law to do so, or in other circumstances as permitted by law (for example, to protect your account from fraud).

If you decide at some point to become an inactive customer, we will continue to adhere to the privacy policies and practices described in this notice.

Opt-Out Provisions

We do not sell your personal information to anyone. The law allows you to “opt out” of only certain kinds of information sharing with third parties. The firm does not share personal information about you with any third parties that triggers this opt-out right. This means YOU ARE ALREADY OPTED OUT.

How We Protect Privacy Online

Our web site uses some of the most secure forms of online communication available, including encryption technology, Secure Socket Layer (SSL) protocol, firewalls and user names and passwords. These technologies provide a high level of security and privacy. The Guggenheim Investments web site offers customized features that require our use of “http cookies”—tiny pieces of information that we ask your browser to store. However, we make very limited use of these cookies. We only use cookies for session management and security features on the Guggenheim Investments web site. We do not use them to pull data from your hard drive, to learn your e-mail address, or to view data in cookies created by other web sites. We will not share the information in our cookies or give others access to it. See the legal information area on our web site for more details about web site security and privacy features.

How We Safeguard Your Personal Information

We restrict access to nonpublic personal information to our employees and in some cases to third parties (for example, the service providers described above) as permitted by law. We maintain strict physical, electronic and procedural safeguards that comply with federal standards to guard your nonpublic personal information.

We’ll Keep You Informed

As required by federal law, we will notify you of our privacy policy annually. We reserve the right to modify this policy at any time, but rest assured that if we do change it, we will tell you promptly.  Should you have any questions regarding our privacy policy, contact us by phone at 212.518.5344 or by mail at 330 Madison Avenue, New York, New York, 10017.

Copyright Notice

The works of authorship contained herein, including but not limited to all design, text, images and sound are owned, except as otherwise expressly stated, by Guggenheim Partners Investment Management, LLC. or one of its affiliates. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without the owner's prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of the owner's proprietary rights. Except for any third-party exchange data, you may download information and print out a copy for your personal use, so long as you do not remove any copyright or other notice as may be contained in the information as downloaded.

Trademark Notices

Required Business Performance and RBP are registered trademarks of Guggenheim Partners Investment Management, LLC. and its affiliates. Other featured words or symbols used to identify the source of goods and services may be the trademarks of their respective owners.

Patent Pending Notice Guggenheim Partners Investment Management, LLC. has filed a patent application with the United States Trademark and Patent Office.