Terms and Conditions

General Site Disclaimer

The ETF Store Inc (“ETFS”) makes available the information on this site to present users with information, research, news and data on personal finance and investment topics drawn from a diverse collection of sources including ETFS-created content and non-affiliated financial and investment service publications.  ETFS selected and published content is not intended to provide investment, tax, or legal advice and should not be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by ETFS or any third party.  Investors are solely responsible for determining whether a particular investment or investment strategy is appropriate based on their personal investment objectives, financial circumstances and risk tolerance.  Investors should consult with their investment, tax, or legal professional regarding their specific situation.

Copyright, Trademark, and Linking Policy

All content contained on this site, with the exception of any third party content, but including any text, graphics, video, audio, user interface design or logos, is protected by applicable copyright and/or trademark laws.  No content contained on this site may be reproduced, transmitted, displayed, distributed, published or otherwise used without the prior written consent of ETFS.  Third party content is typically available through hyperlinks to third party sites or is simply published on the site.  This third party content may be protected by the applicable copyright laws.  ETFS is not involved in the development of any third party content and is not responsible or liable for any such content, including any advertising, products, or other materials on or available from third party sites.  In addition, ETFS provides no guarantee as to the accuracy, timeliness, completeness or usefulness of any such content.  ETFS is not liable for any harm caused by the transmission, through access to a third party site, of a computer virus, or other computer code or programming device that might be used to access, delete, damage, disable, disrupt or otherwise impede the operation of the site or of any user’s software, hardware, data or property.

Limitation of Liability

ETFS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THIS WEBSITE.  ALL CONTENT ON THE SITE IS PROVIDED “AS IS”.  IN ADDITION, ETFS DOES NOT WARRANT THAT THE USE OR PERFORMANCE OF THIS SITE WILL BE TIMELY, UNINTERRUPTED OR FREE OF ERROR, OR THAT THIS WEBSITE OR ITS SERVER WILL BE FREE OF VIRUSES.  IN NO EVENT SHALL THIS SITE, ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY LOSS OR INJURY, DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR TRADING LOSSES) ARISING FROM THE USE OR PERFORMANCE OF THIS WEBSITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEBSITE, EVEN IF THIS SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

As a condition of the use of this site, the user agrees to indemnify and hold ETFS and its third party content providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from the use of this site or from any violation of these Terms and Conditions.

Governing Law

Any claim, dispute or litigation relating to these Terms and Conditions shall be filed in the District Court of Johnson County, Kansas or in the United States District Court for the District of Kansas in Kansas City and shall be subject to Kansas law.  Any user of this site irrevocably consents and submits themselves to the personal jurisdiction of said courts for all such purposes.

Severability

If a court of competent jurisdiction deems any provision of these Terms & Conditions unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.