This site (“Web site”) is owned and operated by ETFx Indexes, LLC, a California limited liability company, (the “Company” or “we” or “us”). Please feel free to browse this Web site; however, your access to, and use of, this Web site is subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing this Web site, you indicate your acknowledgement and acceptance of these Terms and Conditions.  From time to time, we may modify the Terms and Conditions. Accordingly, please continue to review the Terms and Conditions whenever accessing or using the Web site. Your use of the Web site, or any service on the Web site, after the posting of modifications to the Terms and Conditions, will constitute your acceptance of the Terms and Conditions, as modified. If at any time you do not wish to accept the Terms and Conditions, you may not use the Web site. Any terms or conditions proposed by you that are in addition to or which conflict with the Terms and Conditions are expressly rejected by the Company and shall be of no force or effect.

License To Use Site
The Web site is for your personal and noncommercial use only. You may not modify, copy, distribute, download, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, incorporate into any information retrieval system, or sell any information, software, products or services obtained from the Web site without the prior permission of the Company.  You may not use or exploit any data or information obtained from or through the Company for the purpose of creating (whether by yourself or by any third party) any financial product or service which seeks to match the performance of or whose capital and/or income value is related to the Company’s indices or any part thereof, or generally exploit the Company’s data or indices in a manner designed to benefit you or any third party, unless you have obtained a license from the Company.

Subject to your performance of all of the provisions of this Agreement, the Company hereby grants you a limited, terminable, personal, non-exclusive license to access and use the Web site solely as provided herein.  You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, or purchase the Company product offerings.  Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of the Company is strictly prohibited.  You acquire no rights or licenses in or to the Web site and materials contained therein other than the limited right to utilize the Web site in accordance with these terms. 

Privacy
Any and all information that we obtain from you, including names, addresses, telephone numbers, and e-mail addresses, and any other information concerning use, transactions, and traffic through the Web site may be collected and used by us as provided in our Privacy Policy which can be accessed through the following link: Privacy Policy.

Additional User Representations 
By using the Web site, you represent, warrant and covenant that you: (i) have the power and authority to enter into this Agreement; (ii) shall not use any rights granted hereunder for any unlawful purpose; (iii) shall use the Web site only as set forth in these Terms and Conditions; and (iv) are thirteen years of age or older to register on the Web site.  If you are under the age of 13, you are not allowed to register for programs or services on the Web site.

Ownership Of Materials
You acknowledge that the Web site and the Company’s product offerings have been developed, compiled, prepared, revised, selected and arranged by the Company and others through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of the Company.  The Company exclusively owns all worldwide right, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within the Web site and related to the Web site and all modifications and derivative works thereof, and all intellectual property rights related thereto. 

The trademarks, logos and service marks (“Marks”) displayed on the Web site, including without limitation the Company’s name and logo, are the property of the Company or third parties and cannot be used without the written permission of the Company or the third party that owns the Marks.  The Web site is also protected as a collective work or compilation under U.S. copyright and other laws and treaties.  Users are prohibited from using, transferring, disposing of, modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works of or using any content on the Web site for commercial or public purposes.   Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in any copyright, trademark, patent or other intellectual property right of the Company or any third party.

No Warranties
All information, data, and related information and materials provided by the Company (“Company Data”) is for informational purposes only, and the Company shall not be responsible for any use made of the Company Data. You understand and agree that the Company Data, as well as all other information on the Web site, is provided “as is, as available,” and the Company does not warrant the accuracy, completeness, non-infringement, originality, timeliness or any other characteristic of the Company Data.

The Company Data does not constitute an offer or recommendation to buy or sell, or a solicitation of an offer to buy or sell, any security or instrument or to participate in any particular trading strategy. Further, none of the Company Data is intended to constitute investment advice or a recommendation to make (or refrain from making) any kind of investment decision and may not be relied on as such. Past performance should not be taken as an indication or guarantee of any future results.

All information on the Web site is provided to you without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, and express or implied warranties of title, non-infringement, security and accuracy.  Use of the Web site and the Company Data is at your sole risk and neither the Company nor any of its affiliates, suppliers, employees or agents warrant that the Web site will be uninterrupted or error free or that errors will be corrected.  Other than as required under applicable consumer protection law, under no circumstance will the Company be liable for any damages of any kind arising from the use of this Web site or the Company Data.  It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Web site. 

Indemnification
You shall indemnify, defend and hold harmless the Company, its officers, directors, employees, suppliers, agents, subsidiaries, affiliates, successors and assigns (each an “Indemnitee”) from all liabilities, losses, damages, claims and expenses, including reasonable attorneys’ fees and costs, whether or not a lawsuit or other proceeding is filed, that in any way arises out of or relates to (a) your breach or violation of this Agreement (b) your use of the Web site or the Company Data, and any transaction or other activity that arises from or is otherwise related to the Web site or the Company Data; (c) any and all claims, demands, legal action or judgments arising out of or relating to any use of the products or services you purchase from the Company; and/or (d) your negligence or willful misconduct.  In the event you fail to promptly indemnify and defend such claims and/or pay the expenses of such Indemnitee, as provided above, such Indemnitee shall have the right to defend itself, and in that case, you shall reimburse such Indemnitee for all of its reasonable attorney’s fees, costs and damages incurred in settling or defending such claims within thirty (30) days of each of such Indemnitee’s written requests.

Limitation Of Liability
The Company shall not have any liability or obligation to you or any other person for any claim, loss, damage or expense caused in whole or in part, directly or indirectly, by the inadequacy of any program or service for any purpose, or by any delay in the Company’s performance, or for any special, direct, indirect, incidental, consequential, exemplary or punitive damages, however caused, including without limitation, property damage, personal injury or loss of business or profit, whether or not you informed the Company of the possibility or likelihood of any such damages.  Additionally, the Company shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, whether foreseeable or not, that are in any way related to this Agreement, the breach thereof, the use or inability to use the Web site or the Company Data, the results generated from the use of the Web site or the Company Data, loss of goodwill or profits, lost business however characterized and/or from any other cause whatsoever.

Communications On Internet; Events Beyond Our Control
Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations.  While the Company has endeavored to create a secure and reliable Site, the Company and its affiliates are not responsible for the security of information transmitted via the Internet, the accuracy of the information contained on the Web site, or for the consequences of any reliance on such information.  You must make your own determination as to these matters.  The Company cannot guarantee your ability to access the Web site at all times, or that the Web site will be secure, uninterrupted, or error-free, nor can the Company provide assurances that transactions will be completed properly.  The Company is not responsible for failure to receive a request or other technical problems.  The Company and its affiliates shall not be liable for damages as a result of any delay or other failure of performance due to causes beyond its reasonable control including, without limitation, acts of God, acts of the customer or any of its representatives, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses.

Confidentiality Of User Communications
Except as required or permitted by law, the Company will maintain the confidentiality of all user communications that contain personal user information and are transmitted directly to the Company. Your use of the Web site is subject to our Privacy Policy, which is part of these Terms and Conditions.

Linked Internet Sites
The Company is not responsible for the content available on any other Internet sites linked to the Web site. Access to any other Internet sites linked to the Web site is at the user's own risk.

Changes To Terms And Conditions
The Company reserves the right to revise these Terms and Conditions at any time and users of the Web site are deemed to be apprised of and bound by any changes to these Terms and Conditions.  

Termination By the Company
The Company may terminate this Agreement at any time, for any reason, with or without notice to you.  You agree that immediately upon termination of this Agreement, whether or not you receive notice of such termination, the license herein shall be immediately terminated and you shall not have any further rights to use the Web site.  Upon termination of the license granted hereunder, the Company’s obligations to you shall cease. 

Governing Law/Venue
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California for agreements to be performed entirely within the State of California, without regard to choice of law provisions. Both parties irrevocably submit to the jurisdiction of the state or federal courts located in Los Angeles County, California, for any action or proceeding regarding this Agreement, and both parties waive any right to object to the jurisdiction or venue of the courts in Los Angeles County, California. 

Miscellaneous
To the extent that anything in or associated with the Web site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.  Our failure to enforce any provision of this Agreement shall not be deemed either a waiver of such provision or a waiver of the right to enforce such provision.  This Agreement, including our Privacy Policy which is incorporated by reference, constitutes the entire agreement between the parties regarding the subject matter hereof, and supersedes all prior or contemporaneous understandings or agreements, whether oral or written regarding the subject matter hereof.