These terms and conditions govern your use of this website. By accessing this website, you agree that you have read and accept these terms and conditions. If you do not wish to be bound by these terms and conditions, please leave this website.

1. Regulatory Status

This website is owned and operated by FundExplorer GmbH (“FundExplorer”). The content is provided and managed by FundExplorer. This website has been issued in Switzerland by FundExplorer, registered address Martastrasse 124, P.O. Box 9375, 8003 Zürich. FundExplorer is a company registered in Switzerland under company number CH-020.4.035.170-2, registered address Martastrasse 124, P.O. Box 9375, 8003 Zürich, and registered in Switzerland for the payment of VAT, number 715327.

Access to information displayed on this website may be restricted to certain persons in certain countries. Various funds have been registered or authorised in different countries and as such are authorised for public offering (to retail investors and professional investors) in such countries. In countries where one or more funds are not registered or authorised for public offering, retail investors may not access information on such funds but certain information may be shown to certain types of professional investors, depending on the country concerned. FundExplorer GmbH does not intend information concerning any funds to be shown to any persons who are prohibited from seeing such information by their country of residence or incorporation (as applicable). Users of this website must ensure that they are legally permitted to log on to this website in the country where they do so. Users are also responsible for ensuring that their declarations regarding their countries of residence or incorporation when accessing this website are accurate.

2. Scope this Terms and Conditions

FundExplorer provides users with access to a collection of resources, including various communications tools, a portfolio engine tool, search services, personalized content and branded programming through its site which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for FundExplorer to provide the Service. You also understand and agree that the Service may include certain communications from FundExplorer, such as service announcements, administrative messages and the FundExplorer Newsletter, and that these communications are considered part of FundExplorers membership. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new MarketRiders properties, shall be subject to the Terms of Services. You understand and agree that the Service is provided "AS-IS" and that FundExplorer assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.

3. Your Registration Obligations

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or FundExplorer has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FundExplorer has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

The FundExplorers website is not offered or aimed at residents in any country in which (a) the funds are not authorised or registered for distribution and where to do so is contrary to any country's securities laws, (b) the dissemination of information on the funds via the Internet is forbidden, and/or FundExplorer is not authorised or qualified to make such offer or invitation. This website and the information provided on this website should not be construed as an advertisement, an offer to sell, or a solicitation of an offer to buy any securities mentioned in this website, nor shall any such securities be offered or sold, in any country in which to do so is contrary to that country's securities laws.

In accordance with applicable restrictions under US federal and state securities and investment advisory laws, any and all information contained herein, may not, for any purpose whatsoever, be accessed or viewed by persons who are US citizens or residents, or by persons who are otherwise considered "United States Persons" as defined in Regulation S under the US Securities Act of 1933, as amended (collectively, "US Persons").

Users of this website are required to notify FundExplorer immediately by email if any information which a user is able to access on this website would cause the user or FundExplorer to be in breach of applicable laws or regulations. In such event, the user shall (a) stop accessing this website, (b) destroy immediately any such information (and all copies) which has been downloaded or printed by the user from this website, (c) disregard such information, and (d) treat such information as confidential and not disseminate it.

4. Member Account, Password and Security

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify FundExplorer of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. FundExplorer cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.

5. Disclaimer of Warranties

You expressly understand and agree that:

5.1. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. FundExplorer and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressely disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

5.2. FundExplorer and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the Service will meet your requirements; (ii) the Service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the Service will meet your expectations; and (v) any errors in the software will be corrected.

5.3. Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the downlaoad of any such material.

5.4. No advice or information, whether oral or written, obtained by you from FundExplorer or through or from the Services shall create any warranty not expressly stated in the Terms of Use.

5.5. A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the Service. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the Service. Immediately discontinue use of the Service and consult your physician if you experience any of the following symptoms while using the Services: Dizziness, altered vision, eye or muscle twitches, loss of awarness, disorentation, any involuntary movement, or convulsions.

6. Limitation of Liability

You expressly understand and agree that FundExplorer and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequental or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if FundExplorer has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and Services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration or your transmissions or data; (iv) statements or conduct of any third party on the services; or (v) any other matter relating to the Service.

7. Risk Warnings

Exchange-traded funds may not be suitable for all investors and FundExplorer does not guarantee the performance of the funds. Past performance is not a reliable indicator of future results. The value and price of shares or units (which may trade in limited markets) in the funds and the income from them may fall as well as rise and an investor may not recover the full amount invested. Where an investor invests in an fund denominated in a currency other than that of the country in which the investor is resident, the return to the investor may increase or decrease as a result of currency fluctuations.

The capital return and income of each fund are based on the capital appreciation and income on the securities it holds, less expenses incurred. Therefore, each fund’s return may be expected to fluctuate in response to changes in such capital appreciation or income. Additionally, the securities in an equity benchmark index may under-perform fixed income investments and stock market investments that track other markets, segments or sectors different to that of an fund. As foreign exchanges can be open on days when shares in an fund are not priced, the value of the securities in an fund’s portfolio may change on days when shareholders will not be able to purchase or sell an fund’s shares.

Exchange rate movements can affect the value of investments involving exposure to foreign currencies.

Certain funds may use derivatives, details of which will be set out in the relevant prospectuses. The use of derivatives involves special risks and the funds may be exposed to credit risk with regard to parties with whom it trades.

An investment in an fund often involves investing in international markets. In addition to the normal risks associated with investing, international investments involve the risk of losing all or part of any capital from unfavourable fluctuations in currency values, from differences in generally accepted accounting principles or from economic or political instability in other nations. An investment in emerging markets also involves heightened risks such as increased volatility and the possibility of lower trading volumes.

Any projections or examples (including calculations used therein) set out in this website are for illustrative purposes only and are not guaranteed to be accurate, complete or up to date.

Tax levels, the tax status of the funds, the taxation of investors and any tax reliefs may change from time to time. Any change in the taxation legislation in any jurisdiction where a fund is registered, cross-listed, marketed or invested could affect the tax status of the fund, affect the value of the relevant fund’s investments in the affected jurisdiction, affect the relevant fund’s ability to achieve its investment objective, and/or alter the post tax returns to investors. The availability and value of any tax reliefs available to investors depend on the individual circumstances of investors. Any tax-related information in this website is not exhaustive and does not constitute legal or tax advice. Prospective investors are urged to consult their tax advisors with respect to their particular tax situations and the tax effects of an investment in the funds.

Important information about funds is contained in the relevant prospectuses of the funds, copies of which can be obtained on this website or from your broker or financial adviser. Please refer to the funds’ prospectuses for a full description of the risks of investing in the funds.

The content of this website is general in nature and is meant to inform investors, potential investors and their professional intermediaries of the existence of, and potential benefits of investing in exchange-traded funds. However, this website is not intended to provide specific investment advice including, without limitation, investment, financial, legal, accounting or tax advice, or to make any recommendations about the suitability of funds for the circumstances of any particular investor. If you do require investment advice, please contact an independent broker or financial adviser. You should take appropriate advice as to any securities, taxation or other legislation affecting you personally prior to investing.

8. Content and Use of this Website

This website is for your personal and internal use and is not to be used for any commercial purposes (whether or not for profit) unless and to the extent you are a financial adviser seeking information about exchange-traded funds for your clients.

As a user, you may not sell, copy, publish, distribute, transfer, modify, display, reproduce, and/or create any derivative works from the information or software on this website. You may not redeliver any of the pages, text, images, or content of this website using "framing" or similar technology. You acknowledge that you have no right to use the content of this website in any other manner.

The contents of this website, including text, graphics, links and/or other items, have been prepared based upon sources, materials, and systems believed to be reliable and accurate, and are provided to you on an "as is" and "as available" basis.

FundExplorer makes no representations, and disclaims all, express, implied and statutory warranties of any kind to you or any third party, including, but not limited to, representations, and warranties regarding accuracy, timeliness, completeness, merchantability, fitness for any particular purpose, non-infringement of third-party rights, and/or freedom from computer viruses.

Links to other websites are provided for your convenience, and are not to be construed as an endorsement by FundExplorer of such websites, their content, products and/or services, or vice versa. FundExplorer accepts no responsibility for any of the content (regardless of what form this content is in) and the use of such third party websites is at your own risk. FundExplorer does not guarantee that any of the links are operational, and does not assume any responsibility for the consequences of any errors or omissions as a result of using these links.

Internet software or transmission problems may produce inaccurate or incomplete copies of information and materials that may be downloaded and displayed on a user computer. FundExplorer is not liable for any errors, changes, or omissions that occur during transmission or downloading of information and materials.

Although FundExplorer endeavours to update and ensure the accuracy of the content placed on this website, FundExplorer does not warrant or guarantee the accuracy or correctness of it or of any other content, materials and/or offers placed on, featured or referred to in or made available by means of this website. Despite the exercise of all due care, some information on this website may have changed since the last update. FundExplorer also does not warrant or guarantee that this website, its operation of this website, the content of this website or the server that makes the website available are error or virus free or free of other harmful components or that your use of this website and its content will be uninterrupted.

9. Privacy Policy

We consider the opportunity to serve your investment needs a great privilege and one that comes with considerable responsibility including safeguarding your sensitive and confidential information. FundExplorer respects your privacy choices. If you provide us with personal information, we will treat it in accordance with this Privacy Policy. We are committed to:

(a) protecting the personal information you provide to us;
(b) telling you how we use the information we gather about you; and
(c) ensuring that you know why we intend to disclose your personal information.

In accessing this website you acknowledge that we may track and record information for systems, trouble shooting, administrative and reporting purposes, including, for instance, the aggregate number of visitors to the website and the sections of the site visited by visitors.

We use "cookies" to collect and store information about your Internet connection when you visit our web site. Cookies are data elements that our website sends to your browser. In using cookies, we do not gather or store any personal information about you other than to the extent necessary to identify you, if you are a registered user. We utilise cookies to better understand who is coming, and returning, to our website. We also use cookies to measure the number of visitors to different parts of our website. This information helps us to improve our website and make it more useful to our visitors. If you would prefer not to accept cookies from us, you may set your browser accordingly. If you choose to disable cookies in your browser, you may not be able to access all of the website.

We will not supply your personal information to third parties for their direct marketing activities, without your consent, other than in the context of a sale of this web site or a sale of our business. We do, however, offer you the opportunity to receive information which we think may interest you. If you would like us to stop sending direct marketing to you, we offer simple ways to do this. Whenever you receive direct marketing by email you will be told how to unsubscribe electronically.

The internet is not a fully secure medium, and whilst FundExplorer will endeavour to secure any private and confidential information sent to FundExplorer, the confidentiality and privacy of such information sent through the internet cannot be guaranteed.

10. Variation

FundExplorer reserves the right to vary these terms and conditions from time to time. You can access the latest version of the terms and conditions on this website.

11. Governing Law and Jurisdiction

These terms and conditions and your access to and use of this website and the content are subject to Swiss law and the jurisdiction of the Swiss courts. © 2010 GmbH. All rights reserved.