ETF.com Third Party Terms

INDEX DISCLAIMERS

Bank of America Merrill Lynch
 

Source BofA Merrill Lych, used with permission OF BofA Merrill Lynch and IS LICENSING THE BofA Merrill Lynch INDICES AND RELATED DATA "AS IS," MAKES NO WARRANTIES REGARDING SAME, DOES NOT GUARANTEE THE SUITABILITY, QUALITY, ACCURACY, TIMELINESS, AND/OR completeness OF THE INDICES OR ANY DATA INCLUDED IN, RELATED TO, OR DERIVED THEREFROM, ASSUMES NO LIABILITY IN CONNECTION WITH THEIR USE, AND DOES NOT SPONSOR, ENDORSE, OR RECOMMEND ETF.COM, OR ANY OF ITS PRODUCTS OR SERVICES.
 

Barclays
 

The indices and data are provided 'as is' and subscriber expressly agrees that use of the indices and data is at subscriber's sole risk. Neither licensor nor its licensors makes any representations or warranties, either express or implied, with respect to the indices to the data, including without limitation, any implied warranty of non-infringement or merchantability or fitness for a particular purpose of use, or from the use of the indices or the data. Neither licensor nor its licensors warrant that the indices or data will be accurate, complete, uninterrupted, without delay or error free, nor does licensor or its licensors make any warranties as to the results to be obtained from any use of the indices or data (including any investment results to be obtained by using the indices as a benchmark or from investment in any of the securities (or any combination thereof) comprising the indices) without limiting the generality of the foregoing, licensor and its licensors expressly disclaim any responsibility or liability for any inaccuracies or inconsistencies in the data or indices. Subscriber is solely responsible for any losses, damages or costs resulting from its reliance on the indices or the data.
 

Dow Jones
 

INDEX IS PROVIDING ECS ON AN "AS IS", "AS AVAILABLE", "WITH ALL FAULTS" BASIS. INDEX, ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS, SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO LICENSEE, ITS AFFILIATES OR TO ANY THIRD PARTIES, FOR AND MAKE NO GUARANTEE, REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ECS OR THE TRADEMARKS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE, ANY WARRANY OF NON-INFRINGMENT OR ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORAMENCE, OR WITH RESPECT TO THE QUALITY, ACCURACY, COMPLETENESS OR TIMELINESS OF ECS, THE DATA USED TO FORMULATE ECS OR ITS COMPONENT, THE FORMULATION METHODLOGY OF ECS, THAT ECS IS FORMULATED FREE OF ANY DEFECTS, OR FOR DELAYS OR OMMISSIONS THEREIN.
 

FTSE
 

Non-Professional Customer Statement

1. I confirm that I:
    
   • Am subscribing to the service in a personal capacity
   • Am not currently registered or qualified as a professional in any national or state exchange, regulatory authority or professional association,
   • Do not act in any capacity as an investment advisor
   • Solely use the service to manage my personal funds, and
   • Do not redistribute, republish or provide any data from the service to any third part
2. I agree to provide succinct information and./or documents as ETF.com may reasonably require to order to confirm the validity of these representations
3. I agree to inform ETF.com within 7 (seven) days if the circumstances confirmed in this statement should change
4. I accept that my use of FTSE information, as a non-professional end user is conditional upon the validity of this statement
5. I accept that I may be liable to ETF.com for additional fees and charges in the event of any change in circumstances or non0compliamce with the terms of this statement
6. I accept that the data contained in this statement may be processed, stored for a period of no more than three years and may be accessed for inspection by auditors acting on behalf of ETF.com of FTSE during the storage period.

Terms to be incorporated by Licensee in contracts with subscribers:

1. The Subscriber is allowed to use the data only for its own internal business purposes (if the Subscriber is a business) or his or her own individual purposes (if the Subscriber is an individual);
2. The Subscriber is not allowed to distribute the Data to anyone else
3. The Subscriber is not allowed to use the Data on behalf of, or for the benefit of, anyone else;
4. The Subscriber acknowledges that FTSE and/or any relevant third party information providers are the owners of the intellectual property rights in the Data, and that the Data is provided subject to the terms of this agreement;
5. The Subscriber may not remove any copyright or to ther proprietary notices incorporated in the Data;
6. The Subscriber may not use of exploit the Service or the Data for the purpose of creating (whether for its own purposes or on behalf of any other third party) and financial product or service:
    
   1. The aim of which is to match the performance of any of the Data (including any Index or Index Value forming part of the Data); or
   2. Whose capital and/or income value is related to any of the Data (including any Index or Index Value forming part of the Data);
7. The Subscriber may not use the Data in any way or for any purpose that would require a separate license from FTSE or a third party information provider.

Interactive Data Corporation
 

INTERACTIVE DATA CORPORATION, ACTING BY AND THROUGH ITS BONDEDGE SOLUTIONS DIVISION AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS OR ANY OTHER MATTER.

Limitation on Liability

a) Interative Data Corporation, acting by and through its BondEdge Solutions division and its suppliers shall have no liability to the ETF.com user, or a third party, for errors, omissions or malfunctions in the Services.

b) The ETF.com user acknowledges that the Services are intended for use as an aid to institutional investors, registered brokers or professionals of similar sophistication in making informed judgements concerning securities.

The ETF.com user accepts responsibility for, and acknowledges it exercises its own independent judgement in, its selection of any of the Services, its selection of the use or intended use of such, and any results obtained. Nothing contained herein shall be deemed to be a waiver of any rights existing under applicable law for the protection of investors.

c) The ETF.com user shall indemnify Interactive Data Corporation, acting by and through its BondEdge Solutions division and its suppliers against and hold Interactive Data Corporation, acting by and through its BondEdge Solutions division, harmless from any and all losses, damages, liability, costs, including attorney's fees, resulting directly or indirectly from any claim or demand against Interactive Data Corporation, acting by and through its BondEdge Solutions division or its suppliers by a third party arising out of or related to any Services received by the ETF.com user, or any data, information, service, report, analysis or publication derived therefrom. Neither Interactive Data Corporation, acting by and through its BondEdge Solutions division nor its suppliers shall be liable for any claim or demand against the ETF.com user by a third party.

Merrill Lynch Commodities
 

Merrill Lynch is licensing the MLCV indices "as is" makes no warranties regarding same, does not guarantee the quality, accuracy and/or completeness of the MLCX indices or any data included therein or derived therefrom and assumes no liability in connection with their use"
 

MSCI
 

Copyright MSCI. All Rights Reserved. Without prior written permission of MSCI, this information and any other MSCI intellectual property may only be used for your internal use, may not be reproduced or disseminated in any form and may not be used to create any financial instruments or products or any indices. This information is provided on an "as is" basis, and the user of this information assumes the entire risk of any use made of this information. Neither MSCI nor any third party involved in or related to the computing or compiling of the data makes any express or implied warranties, representation or guarantees concerning the MSCI index-related data, and in no event will MSCI or any third party have any liability for any direct, indirect, special, punitive, consequential or any other damages (including lost profits) relating to any use of this information.
 

NASDAQ
 

Actively brand and market NASDAQ OMX as an index provider. Branding/marketing should include at least one of the following:

• Page on vendor website/terminal
• Bi-annual customer communication
• Fact sheet or other customer-facing collateral

RBS
 

All information and analytics regarding the [NAME OF INDEX] and [NAME OF RBS PRODUCT] has been prepared solely by Index Publications LLC. Such data has not been approved, sponsored, endorsed or promoted by The Royal Bank of Scotland plc. ("RBS"). None of RBS or its affiliates make any representation regarding the accuracy or completeness of any such information, and none of RBS or its affiliates shall be liable for any such information.
 

Russell
 

Trademark symbols, indication that Russell is the owner of the copyrights relating to the Russell Indexes and is the source of the Performance Values for the Russell Indexes.
 

S&P
 

Copyright © 2013, Standard & Poor's Financial Services LLC. Reproduction of S&P Indexes in any form is prohibited except with the prior written permission of S&P. S&P does not guarantee the accuracy, adequacy, completeness or availability of any information and is not responsible for any errors or omissions, regardless of the cause or for the results obtained from the use of such information. S&P DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. In no event shall S&P be liable for any direct, indirect, special or consequential damages, costs, expenses, legal fees, or losses (including lost income or lost profit and opportunity costs) in connection with subscriber's or others' use of S&P Indexes.
 

WisdomTree
 

LICENSOR MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, COMPLETENESS, RELIABILITY OR OTHERWISE OF THE LICENSOR INFORMATION. Licensor does not warrant or make any representations regarding the issue of the results of use, of the Licensor Information or any data included therein or any security (or combination thereof) associated therewith. Licensor will obtain data from sources it believes to be reliable, but the accuracy and completeness of the Licensor Information are not warranted and they are supplied on an "AS IS" basis.

FUND DISCLAIMERS

Blackrock
 

Shall provide attribution to Licensor when and where ETF.com' utilizes Licensors Information