ETF.com - information about ETFs, exchange-traded funds

Revision 1.0: July 19, 2008

PLEASE READ THIS CAREFULLY BEFORE YOU USE THIS WEB SITE.

1. Terms of Use Agreement

By accessing ETF Media, Inc.’s Web site (”site”) ETF.com you agree to be bound by these Terms of Use (”TOU”). If you do not agree to the terms and conditions contained in the TOU, we do not consent to provide you with access to the Site, and you should cease your use of it immediately.

These terms apply to your use of ETF.com and all ETF content both irrespective of the delivery platform you use-e.g. desktop PC, laptop, mobile device or otherwise, and irrespective of how the content is delivered to you-e.g. via web browser, Mobile Internet browser, email, SMS or otherwise.

If you have any questions please contact legal@ETFMedia.com.

2. Changes to the Terms of Use

This policy discloses the current TOU for ETF.com; however, ETF Media, Inc. reserves the right at any time to change these terms and conditions at any time, without notification. It is solely the users’ responsibility to check for changes to these terms and conditions prior to using the Site or the Site’s services at anytime and, if you the user, do not agree with the terms and conditions, to leave the site immediately and not use it.

ETF Media, Inc, also reserves the right at any time to change the Site, including eliminating or discontinuing any content or feature of the Site; or impose fees, charges or other conditions for use of the Site or parts thereof (with reasonable notice).

If a change occurs to these terms and conditions, it will be noted at the top of the TOU and dated. If you have any questions or concerns regarding these terms and conditions, please contact us at legal@ETFMedia.com.

If changes are made to this TOU agreement, the date of the last revision date will be posted on the top of the TOU.

3. Investment, Legal, and Tax Advice Disclaimer

The information on this site is in no way intended to provide anyone investment, legal, or tax advice. All information in this Site should be used for informational purposes only and nothing on this site should be construed to constitute any form of advice or recommendation for making an investment or refraining from making an investment. To the extent any of the content published on the Site may appear to be investment advice or recommendations in connection with a particular security, portfolio of securities, transaction, or investment strategy, such information is meant to be impersonal and not tailored to the needs of any specific person. Furthermore, nothing on this site is intended to be or should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by ETF Media, Inc. or any third party. You, the user of this site, are solely responsible for determining whether any investment, security, or strategy, or any other product or service, is appropriate or suitable for you, based on your investment objectives and personal and financial situation. In addition, investment in any security is subject to a number of risks and that discussions or information of any security published on the Site will not contain a list or description of relevant risk factors.

IMPORTANT: Some of the content and information published on the Site may be in regard to exchange-traded funds that have a low market capitalization, may be exchange-traded notes with no guarantee, and/or may have insufficient public float. As such, these securities are subject to more risk than stocks of larger companies, including lower liquidity, greater volatility, and less publicly available information.

Before taking any action, it is recommended that you consult an attorney, a tax professional, or a certified investment advisor regarding your specific legal, tax, or investment situation.

4. Copyright

The Site and its information and contents contained on it, as well as all copyrights, are the property of ETF Media, Inc. and its licensors. The content of this site may be downloaded, printed, and used solely for your personal, noncommercial use. The use of this site in no ways allows ownership rights to any content or information on the Site.

5. Linking Policy

You may link to any content on our Site. If you wish to republish, reprint, of distribute content from our Site, please contact us for written permission at legal@ETFMedia.com.

Links on our Site to other Internet Web sites or resources are contained on our Site. ETF Media, Inc. neither endorses nor controls any linked Web sites, nor have we reviewed or approved any content that appears on other Web sites. By using the Site, you acknowledge and agree that if you follow a link, you will not hold ETF Media, Inc. responsible for the accuracy, legality, appropriateness of any content on linked sites. In addition, this includes, but is not limited to advertising, products, services, or information located on or through any other Web sites. You also acknowledge and agree that ETF media is in no way responsible for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content and any linked Web site.

6. Trademarks, Service Marks, and Logos

ETF.com^TM, its logo, its slogan, Everything Exchange-Traded Fund^TM, and its plural form of its slogan, Everything Exchange-Traded Funds^TM, is a trademark and/or service mark of ETF Media, Inc. or an affiliate. All other trademarks, service marks, and logos used on our Web sites are the trademarks, service marks, or logos of their owners, respectively.

7. Use of the Site

The modifying, uploading, posting, distributing, transmitting, or republishing content from the Site for any purpose other than your own personal, noncommercial use violates the Sites property and copyrights and is strictly prohibited and can subject you to legal liability.

In using the Site, you agree not to:

Use the Site unlawfully for any purpose;
“Hack” or deface, without limitation, any portion of the Site or restrict or inhibit the use of the site by any other visitor;
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
“Frame” or “mirror” any part of the Site without our prior written authorization;
Express or imply that any statements you make are endorsed by us, without our prior written consent;
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
Harvest or collect information about visitors to the Site without their express consent.

You also agree to comply with all applicable laws, rules, and regulations in connection with your use of the Site and the content made available therein.

8. Posting on the Site

Our discussion areas are intended to be used to present important information and open and helpful discussions about exchange-traded funds and its industry and are meant to encourage credible, and useful dialogue among investors. They are not intended to be used to promote commercial (solicitation or advertising) or purely for self-serving interests. Furthermore, no post may be unlawful, unethical, libelous, misleading, tortuous, inappropriate, or otherwise objectionable. We also ask that you refrain attacking other users and refrain from using profane or vulgar language. In addition, anyone that posts on our site is encouraged you to openly, and in a timely manner, disclose any positions you have in securities being discussed.

IMPORTANT: If an author of an article or post has any business relationship with any company who he or she names in a post, they must fully disclose that relationship in the post or article.

ETF Media, Inc. reserves the right, at their complete and sole discretion, to edit, move, delete, and/or remove any articles and comments posted on its site at any time that it believes does or may violate these Terms of Use. By posting on the site, you agree to waive any and all rights against ETF Media, Inc. and hold ETF Media, Inc. harmless in connection with any claims relating to any action taken by ETF Media, Inc. as part of its investigation of a suspected violation or result of its conclusion that a violation of these Terms of Use has occurred, including but not limited to the removal of posts from the Site or a suspension or termination of your access to the Site.

By using this site, you understand that the Site is open to all users for posting and that some individuals may post comments that may be offensive, indecent, objectionable, false, misleading, or simply inappropriate to you and not others and you hold ETF media harmless for such posts if they are not removed.

Each individual who posts a comment is solely responsible for her or his own acts, and not ETF Media, Inc., including the content, context, or information in the comment he or she posts. ETF Media, Inc. does not and does not intend to pre-screen any comments posted on its Site and ETF Media, Inc. cannot and does not guarantee the accuracy, integrity, or quality of anything that may appear on its Site.

By posting on the Site, you automatically grant ETF Media, Inc. a royalty-free, perpetual, non-exclusive and fully transferable and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display comments you post (in whole or in part) worldwide and/or to incorporate any one of those comments in other works now or in the future so long as credit is given for the writing.

9. Termination of Access and Use

ETF Media, Inc. may, under certain circumstances and without prior notice to you, terminate your access to and use of the Site. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) repeat violators of third party copyrights or other intellectual property.

10. Disclaimer of Warranties

THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ETF MEDIA, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, PARTNERS, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON OUR SITE. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SERVICES AND THE ACCURACY OR COMPLETENESS OF THEIR CONTENT.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABLITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

ETF MEDIA, INC. AND ITS AFFILIATES, SUPPLIERS, AGENTS, PARTNERS, AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF ETF MEDIA, INC. OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.

11. Limitation of Liability

NEITHER ETF MEDIA, INC. NOR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, ADVERTISERS, AGENTS AND SPONSORS ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH ETF MEDIA, INC.. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO ETF MEDIA, INC. FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE.

12. Indemnification

As a condition of your use of the Site, you agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the TOU; (b) your use of the Site; or (c) your violation of the rights of any third party.

13. Other Information

Our Services are directed at a U.S. audience. We cannot warrant that the Services are appropriate for users outside the United States or that use of the Services is permitted under the laws of other jurisdictions. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.

All personal data is maintained in the United States under the terms of our Privacy Policy, which is also incorporated by reference.

The TOU and the relationship between you and ETF Media, Inc. are governed by and construed in accordance with the laws of the State of Arizona, without regard to its principles of conflict of laws. You and ETF Media, Inc. agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within Yavapai County, Arizona, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of the TOU is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in the TOU is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require you to sign a non-electronic version of the TOU before or during the use of the site.

These Terms and Conditions, including those that are incorporated by reference, constitute the entire and only agreement between you and ETF Media, Inc. and govern your use of our sites.