Web Site Terms and Conditions of Use and Privacy Policy
This document was last modified on April 11, 2012.
Web Site Terms and Conditions of Use
Definitions
“This Website”— refers to www.etfdb.com.
ETFdb – refers to Mitre Media I LLC d/b/as ETFdb
Users— refers to users of This Website whether they are using or accessing the free content or the paid Pro service.
Losses –refers to any and all financial or pecuniary losses, including but not limited to, loss of profits, revenue, business, goodwill, income, data or other intangible losses.
Damages– refers to any and all, including by not limited to, direct, indirect, incidental, special, consequential, exemplary or punitive damages.
Linked sites – This Website occasionally makes reference to websites in which the owners or operators do not pay to be listed on This Website.
Advertisers – advertisers are entities that pay for space on This Website to promote, market, or announce a service or product. ETFdb does not endorse any of the advertisers on This Website.
1. Intended Users.
This website is published in the United States of American for residents of the United States of America; its purpose is to provide disinterested commentary and analysis of Exchange Traded Funds. The information provided on www.etfdb.com (hereafter “This Website”) is not intended for users in any jurisdiction where use would be contrary to the law in that jurisdiction, or would subject Mitre Media I LLC d/b/a ETFdb (hereafter “ETFdb”) to any registration requirements within said jurisdiction. U.S. investors are advised that not all Exchange Traded Funds described on this site are available for sale in all states.
Foreign Investors: Investors outside of the United State of America are hereby advised that not all Exchange Traded Funds described on this site are available for sale in all countries. Foreign users may be subject to certain regulations, tax and otherwise, within their jurisdictions. Foreign investors should consult with a lawyer or accountant before investing in any securities to assure compliance with all regulations.
2. Communication
ETFdb will never communicate personally with a user regarding an investment portfolio nor will ETFdb give one-on-one investment advice to individual users. The material on this site is for informational purposes only. All users of This Website should consult with an investment advisor and/or attorney for questions regarding the advisability of investing in any securities or when intending to invest based upon any information provided on this site.
3. Terms of Use
The following terms and conditions govern a user’s use of This Website. By using any part of This Website, including ETF Pro, a user agrees to be bound by any and all Terms and Conditions of Use and Privacy Policy listed on the site. Whether or not a user actually reads the Terms and Conditions of Use and Privacy Policy, use of any portion of the This Website will be deemed as acceptance of those terms.
Age: You must be 18 years of age or older to access this site.
Changes to terms: The Terms and Conditions of Use and Privacy Policy may change at any time. Users will be given thirty days notice prior to changes in the Terms and Conditions of Use and Privacy Policy. Users will be required to accept any changes to the terms before accessing any information contained on This Website. If users do not agree with changes to the Terms and Conditions of use or Privacy Policy they must discontinue their use of This Website.
No offers: ETFdb publishes opinions, news and data on Exchange Traded Funds. No information on this site constitutes an offer by Mitre Media I LLC, d/b/a ETFdb or any of its officers, members, directors, employees or agents to sell, or a solicitation to buy, any securities or financial instruments or to provide any investment services whatsoever.
Limited Use License: ETFdb grants users permission to temporarily download one copy of the materials contained on This Website. Users may download this material for personal viewing only and many not disseminate for any commercial or non-commercial purpose. This limited use license expires 14 days after the material has been downloaded.
In no way does ETFdb transfer title of these materials to users. Under this limited use license, a user may not do any of the following:
1) modify or copy the materials;
2) use the materials for any commercial purpose, or for any commercial or non-commercial public display;
3) attempt to decompile or reverse engineer any software contained on the ETFdb website;
4) remove any copyright or other proprietary notations from the materials;
5) transfer the materials to another person (see section 15 for applicable regulations for ETFdb Pro members); or
6) “mirror” the materials on any other server.
If any user violates any of the restrictions enumerated above, ETFdb reserves the right to terminate that user’s limited use license. Upon termination of the limited use license, the user must destroy any downloaded materials in their possession whether in electronic or printed form.
4. Disclaimer of warranty
Users understand that there is inherent risk in investing in any securities, including Exchange Traded Funds. The value of any Exchange Traded Fund mentioned on This Website can rise or fall based on fluctuations in the market. Past performance of Exchange Traded Funds is not indicative of future returns and no warranty is made regarding future performance of any Exchange Traded Fund.
The materials on This Website are obtained from various sources and are provided “as is.” ETFdb makes no warranties whatsoever and expressly disclaims any express, implied, statutory, conditions of merchantability or fitness, or any other warranties regarding the information on this website.
Use of This Website is entirely at your own risk. Any and all damages incurred by a user as a result of using This Website, or the materials contained on it, are the sole responsibility of that user.
Neither Mitre Media I LLC d/b/a ETFdb, nor any of its affiliates, officers, directors, employees, or agents, will be liable for any loss. Furthermore, ETFdb will not be liable for any damages. ETFdb shall have no liability for a user’s use of any products or services reported on This Website or any advice that a third- party may give a user about investing in products reported on This Website.
ETFdb does not warrant or make any representations concerning the accuracy, likely results, or reliability of the materials on This Website, including materials on any advertiser’s sites or sites linked to This Website. The information, data, opinions, and research provided on This Website do not constitute investment advice of any kind. Users should contact an investment advisor before acting on any information on This Website.
5. Investment suggestions
Some of the investment suggestions and services on This Website may not be available in or appropriate for a retirement savings plan, or for a specific financial goal. Users are advised to contact a financial advisor or lawyer about any investment restrictions associated with that user’s particular financial plans.
6. Performance information
Performance information on This Website is not guaranteed to be up to date or accurate. ETFdb often re-publishes information on investments and Exchange Traded Funds that is provided by third-parties. This information may 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 other 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. Performance information does not constitute investment advice. Users should contact an investment advisor before acting on any information contained on or collected from This Website.
7. Advertising
ETFdb may use advertisers on This Website. The opinions of advertisers in no way reflect the opinions of Mitre Media I LLC d/b/a ETFdb. From time to time, ETFdb may provide investment tips that include the products of advertisers on This Website. These investment tips should not be construed as endorsing the products of advertisers.
None of the entities advertising on ETFdb.com are affiliated in any manner with ETFdb. ETFdb does not in any way endorse the products or services of any advertisers on This Website. ETFdb receives no fees other than advertising revenue from advertisers. ETFdb receives no compensation or commissions from advertisers based on the sale of securities.
ETFdb is in no way responsible for any losses a user incurs as a result of any investments made in any products of an advertiser or any investment advice taken from an advertiser.
All information obtained via advertisements contained on This Website should be confirmed from an independent source or the advertiser’s own website and/or Prospectus. Users should contact advertisers directly with specific questions about that entity’s funds, services, or products
8. Hold Harmless
While ETFdb has used its best efforts to publish complete and accurate information on This Website, users agree to indemnify ETFdb, its affiliates, officers, directors, employees and agents from and against any and all claims, damages, liabilities, losses or expenses, including reasonable attorneys’ fees, arising from the use of information contained on this website.
9. Copyright
All material on this website, unless credited otherwise, is the property of Mitre Media I LLC d/b/a ETFdb. No material may be altered, copied, distributed, or republished without express, written permission from ETFdb. Any user wishing to republish any materials contained on this website, must first request permission in writing by emailing Michael Johnston at michael.johnston@etfdb.com. Unless Michael Johnston grants, in writing, express permission to republish the materials, a user is not permitted to do so.
10. Tax Consequences
Users who invest in Exchange Traded Funds that are mentioned on this website may be subject to tax consequences. ETFdb does not provide tax advice. Investors should contact an accountant or attorney in order to assess any tax liabilities they may have incurred as a result of investing.
11. Limitations
In no event shall ETFdb or its suppliers be liable for any damages or losses arising out of the use or inability to use the materials on This Website.
12. Revisions and Errors
The materials appearing on This Website might include technical, typographical, or photographic errors. Information provided by third-parties and republished on This Website, as well as information produced by ETFdb staff or contributors, may contain factual misstatements or be otherwise incorrect, inaccurate, out of date or incomplete. ETFdb does not warrant that any of the materials on its website are accurate, complete, or current. ETFdb may make changes to the materials contained on This Website at any time and without notice. ETFdb is not, however, required to update materials.
13. Linked sites
ETFdb has not reviewed all of the sites linked to it or advertising on it. ETFdb is not responsible for the contents of any site linked to This Website or advertising on it. The inclusion of a link or advertisement does not imply that ETFdb endorses the linked site or advertiser. Any time a user leaves This Website via a linked website or advertisement, it is at the user’s own risk and the user is solely responsible for any and all damages, including but not limited to viruses, a user incurs as a result of using a linked website or advertiser’s site. ETFdb is not responsible for any losses a user incurs as a result of a using any linked site or advertiser’s site.
14. Governing Law
Users agree that they are responsible for compliance with any applicable local laws. Any claim relating to This Website shall be governed by the laws of the State of Illinois, County of Cook, without regard to its conflict of law provisions.
15. Paid Subscriptions, Billing and Cancellations
ETFdb provides a premium, paid, service called ETF Pro. ETF Pro can only be accessed via a username and password. By registering for ETFdb’s Pro service, users represent and warrant that all registration and billing information provided is true, complete, and accurate; users further agree to notify ETFdb promptly of any changes to this registration information. Upon registration, a username and password will be generated for a user. ETFdb is not responsible for any breach of security caused by a user’s failure to maintain the secrecy of their username and password. Users must notify ETFdb immediately if an unauthorized person has possession of their username and or password.
Users may be offered a free trial period of ETF Pro membership, which begins on the date of registration. If users do not cancel their membership during this period, the initial term of Pro membership will begin immediately after the trial period ends, and will continue until the user takes affirmative steps to cancel the membership.
Users understand that, unless they notify ETFdb that they wish to terminate their Pro membership before the end of their membership term, their subscription will continue to automatically renew for successive terms of the same duration and their credit card or Paypal account will be charged for each such renewal at the subscription fee in effect at the time of that renewal. If a user is unclear about when their membership term ends, they may email pro@etfdb.com.
ETFdb reserves the right to change, at any time, the Pro services it offers . This includes the removal or change of any features or content. If a user is dissatisfied with these changes, or dissatisfied for any reason, including but not limited to, the website’s performance, availability, errors, or usefulness, the user’s only remedy will be to cancel their membership as set forth below.
A user’s subscription is personal, and may not be transferred or shared with any person other than the user’s immediate family members living in the same household, provided the following conditions are met:
1) ETFdb must be notified in writing at pro@etfdb.com that a family member residing in the same household will be using the service;
2) such family members must have read and agreed to the Terms and Conditions of Use and Privacy Policy;
3) the user’s subscription may not be used simultaneously by more than one person at any given time; and
4) the user agrees to remain responsible, at all times, for any use of his or her subscription by those other family members.
If a user remains a Pro member when the free trial period ends, that user will be charged for the initial term of their subscription and, 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 a user actually uses the Pro service during that term. A user can always find the current subscription rates on This Website.
ETFdb reserves the right to change the fees it charges for products, services or features offered on This Website, including ETFdb Pro, at any time.
Subscription fees and all others fees and charges associated with a user’s 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 provided when users register for ETFdb Pro.
Users may cancel a subscription by notifying ETFdb staff in writing at pro@etfdb.com. In the email notification, users must include the account username.
If a subscription is cancelled during the free trial period, the user will not be responsible for the payment of a subscription fee. However, if the subscription is cancelled at any time after the trial period expires, membership will continue in effect until the monthly or yearly anniversary of the effective date of the paid subscription, and will then terminate on that date. (For example, if the paid monthly subscription start date is on January 1, 2009 and the subscription is cancelled on July 15, 2009, membership continues until August 1, 2009, at which time it ends. Or, if the annual subscription start date is on January 5, 2011, and is cancelled on June 14, 2011, the subscription continues until January 5, 2012, at which time it ends.)
ETFdb may immediately cancel a subscription, without notice or liability to users, if it determines in its sole discretion that:
1) any portion of the Terms and Conditions of Use has been breached;
2) use of, or access to, This Website, including ETFdb Pro, violates any applicable law or regulation or otherwise inhibits any other subscriber from using or accessing ETFdb Pro or any other service offered on This Website; or
3) use of this membership hurts the business prospects of ETFdb itself.
None of the preceding acts limit any other legal, equitable, or contractual rights available to ETFdb.
ETFdb may, in its sole discretion, choose not to renew a user’s subscription by sending a notice of non-renewal at any time to the e-mail address provided when registration is completed. A user will be deemed to have received this notice, whether or not it was seen, or the e-mail address provided continues to be valid. In the event of such a notice, subscription will cease and will not automatically renew at the end of the subscription term.
16. Severability Clause
If any provision of the Terms and Conditions of Use or Privacy Policy is deemed void, unlawful, or unenforceable, that provision will be severable from the Terms and Conditions of Use or Privacy Policy and will not affect the validity and enforceability of the remaining provisions.
17. Web Site Privacy Policy
ETFdb has developed this Privacy Policy in order for users to understand how personal information is collected, used, communicated, disclosed, and made use of by ETFdb. Use of any portion of the This Website will be deemed as acceptance of the following terms. If users do not agree with the terms of This Website’s Privacy Policy, they must discontinue their use of This Website immediately.
1) ETFdb will never share a user’s credit card or PayPal account numbers with any outside source.
2) The information collected, from both registered and non-registered users, may include but not be limited to: IP address, referrer website, e-mail address, name, other personally identifiable information, any other information contained in a cookie, or any other type of information which is possible to collect via the use of internet technology.
3) Users agree to grant ETFdb the right to use information it collects for marketing or business purposes.
4) 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.
5) 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.
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.
