Web Site Terms and Conditions of Use and Privacy Policy

This document was last modified on September 28, 2009.

Web Site Terms and Conditions of Use

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

Permission is granted to temporarily download one copy of the materials (information or software) on ETFdb’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

• modify or copy the materials;
• use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
• attempt to de-compile or reverse engineer any software contained on ETFdb’s web site;
• remove any copyright or other proprietary notations from the materials; or
• transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by ETFdb at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on ETFdb’s web site are provided “as is”. ETFdb makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, ETFdb does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

This site is published in the United States of America for residents of the United States of America. Investors outside of the United States of America are subject to securities and tax regulations within their applicable jurisdictions that are not addressed on this site. Nothing on this site should be considered a solicitation to buy or an offer to sell shares of any investment in any jurisdiction where the offer or solicitation would be unlawful under the securities laws of such jurisdiction. U.S. investors are advised that not all investments described on this site are available for sale in all states. Investors outside of the U.S. are advised that not all investments described on this site are available for sale in all countries. Investors in all jurisdictions and countries should consult a lawyer or financial advisor for investment advice.

Performance information on this web site may not be up to date or accurate. ETFdb re-publishes information on investments and ETFs that is provided by third parties; this information is subject to be inaccurate, factually incorrect, or delayed and out of date. Performance information presented on this web site is historical, and is not indicative of future results. Investment returns and principal may vary, and at the time of sale, your investment may be worth more or less than its original cost. It is possible to lose money by investing in exchange traded funds, or any funds. These investments are not deposits or obligations of or guaranteed or endorsed by, any bank, and are not federally insured or guaranteed by the U.S. government, the FDIC, the Federal Reserve Board or any other agency.

Some featured products invest in global or international securities or funds, which can involve different risks than U.S. investments. These risks include but are not limited to economic or political instability, difficulty in predicting international trade patterns, lack of public information about foreign companies, changes in foreign currency exchange rates and the possibility of adverse changes in investment or exchange control regulations.

Some of the investments and services on this site may not be available in or appropriate for a retirement savings plan, or for a specific financial goal. Please contact your financial advisor or lawyer about any investment restrictions associated with your particular plan.

All information via advertisements on this site is the responsibility of the advertiser and should be confirmed on the advertiser’s own Web site and/or Prospectus. You should contact a sponsor directly with specific questions about that sponsor’s funds, services or products.

4. Limitations

In no event shall ETFdb or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption, or due to any investment losses) arising out of the use or inability to use the materials on ETFdb’s Internet site, even if ETFdb or a ETFdb authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on ETFdb’s web site could include technical, typographical, or photographic errors. Information provided by third parties and republished on ETFdb, as well as information produced by ETFdb staff or contributors, may contain factual mistatements or be otherwise incorrect, inaccurate, out of date or incomplete. ETFdb does not warrant that any of the materials on its web site are accurate, complete, or current. ETFdb may make changes to the materials contained on its web site at any time without notice. ETFdb is not however committed to update the materials.

6. Links

ETFdb has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by ETFdb of the site. Use of any such linked web site is at the user’s own risk.

7. Site Terms of Use Modifications

ETFdb may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use, and the current version of the Privacy Policy.

8. Governing Law

Any claim relating to ETFdb’s web site shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions.

9. Paid Subscriptions, Billing and Cancellations

By registering for any premium, paid or “Pro” service offered by ETFdb, you represent and warrant that all registration and billing information that you provide is true, complete, and accurate, and you agree to notify ETFdb promptly of any changes to this registration information.

You may be offered a free trial period of Pro membership, beginning on the date which you register. If you do not cancel your membership during this period, the initial term of your Pro membership will begin immediately after the trial period ends, and will continue until you cancel your membership.

You understand that, unless you notify ETFdb that you wish to terminate your Pro membership before the end of your membership term, your subscription will continue to automatically renew for successive terms of the same duration and your credit card or Paypal account will be charged for each such renewal at the subscription fee in effect at the time of that renewal.

ETFdb reserves the right to change the premium, paid or Pro services it offers at any time without notice (including but not limited to the removal or change of any features or content). If you are dissatisfied with these changes, or dissatisfied for any reason (including but not limited to, the Web site’s performance, availability, errata, or usefulness), your only remedy will be to cancel your membership as set forth below.

Your subscription is personal to you, and you may not transfer or share your subscription with any other person (including but not limited to your co-workers or employees) other than immediate family members living in the same household, provided that: (i) such family members have read and agree to be bound by these terms and conditions; (ii) your subscription is not simultaneously used by more than one person at any given time; and (iii) you agree to be responsible for any use of your subscription by those other family members.

If you remain a Pro member when the free trial period ends, you will be charged for the initial term of your subscription and then, at the beginning of each renewal term, if any, for the subscription fee for that renewal term. Subscription fees will be based upon the subscription rates in effect at the start of each subscription term and apply whether or not you actually use the Premium or Pro Service during that term. You can always find the current subscription rates by reviewing the appropriate section on the ETFdb Web Site.

ETFdb reserves the right to change the fees it charges for products, services or features offered in connection with the premium services, ETFdb Pro and/or the Web Site at any time.

Subscription fees and all others fees and charges associated with your subscription or membership (including, but not limited to, any applicable federal, state, and local taxes) will be billed automatically to the credit card or PayPal account you provide when registering for the Pro Service.

You may cancel your subscription by e-mailing pro@etfdb.com to notify our staff you would like to cancel. You must include your account username in this e-mail notification.

If you cancel your subscription during your free trial period, you will not be responsible for the payment of a subscription fee. However, if you cancel your subscription at any time after your trial period expires, your membership will continue in effect until the monthly or yearly anniversary of the effective date of your paid subscription and then terminate on that date. (For example, if your paid monthly subscription start date is on January 1, 2009 and you cancel on July 15, 2009, your membership continues until August 1, 2009, at which time it ends. Or, if your annual subscription start date is on January 5, 2011, and you cancel on June 14, 2011, your subscription continues until January 5, 2012, at which time it ends.)

ETFdb may immediately cancel your subscription, without notice or liability, if it determines in its sole discretion that: (i) you have breached any portion of this agreement; or (ii) your use of or access to the premium services or the Web Site violates any applicable law or regulation or otherwise inhibits any other subscriber from using or accessing the premium services or any other service offered by ETFdb on the Web Site; or (iii) your use of this membership hurts the business prospects of ETFdb itself (as determined by ETFdb staff). None of the foregoing limits any other legal, equitable, or contractual rights available to ETFdb.

ETFdb may, in its sole discretion, choose not to renew your subscription by sending a notice of non-renewal at any time to the e-mail address you provided when completing your registration. You will be deemed to have received this notice, whether or not you saw it or your e-mail address continues to be valid. In the event of such a notice, your subscription will cease and will not automatically renew at the end of your subscription term.

Web Site Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

• The information we collect, from both registered and non-registered users, may include: IP address, referrer, e-mail address, name, financial information, other personally identifiable information, any other information contained in a cookie, or any other type of information which is possible to collect via Web technology.
• Users agree to grant ETFdb the right to use information we collect for marketing or business purposes.
• Users agree to grant ETFdb the right to retain personal information indefinitely, and the right to sell or otherwise transmit that information to other entities.
• Users agree that ETFdb may send them e-mail newsletters. Users may opt out of these newsletters by clicking the “opt out” link which is located at the bottom of each newsletter.

We are committed to conducting our business in accordance with these principles. If you have any questions about these terms and conditions, or the privacy policy, please e-mail contact@etfdb.com.