Use of this Web Site

Subject to the terms of this Agreement, ETF Port grants you a revocable, non-transferable, non-exclusive limited license to use those portions of the Web Site, to which you are granted access but only for your own personal, noncommercial use and not for any use on behalf of any third party. For absence of doubt, you may not use the Web Site to service, or otherwise perform work on behalf of, any brokerage, financial services or related person(s) or their clients. Use of the Web Site is intended only for citizens or residents of the United States or its territories.

You may download or print hard copies of pages or reports from the Web Site or portions thereof but only in connection with your own personal, noncommercial use and not on behalf of any third party. Any such downloads/hard copies must contain the following notice:

" Copyright (c) 2008 ETF Port. All rights reserved."

Except as expressly set forth in this Agreement, you may not modify, copy, distribute, disclose, retransmit, sell, publish, broadcast, or circulate this Web site, or any portion of it (including, but not limited to, any download or printed copies made from it) without ETF Port's prior written consent.

ETF Port has the right, at any time without notice, to: (i) revoke or limit your license to use the Web Site (or any portion of it); and (ii) change or discontinue providing the Web Site (or any portion thereof). ETF Port has no obligation to update the Web Site or to correct any errors or omissions that might be contained in it.

Ownership and Copyright

You acknowledge and agree that this Web Site and the information contained in or associated with it are owned by ETF Port and/or its third party content providers ("Content Providers") and are protected by U.S. and international copyright and other intellectual property laws. You further acknowledge and agree that the Web Site contains certain proprietary data and information of ETF Port and its Content Providers, that you will not use these data or information for any unlawful or unauthorized purpose, and that you will use reasonable efforts to protect them from illicit distribution or use. Each Content Provider is a third party beneficiary of this Agreement to the extent necessary to enable it to enforce its proprietary rights in the data and the applicable use restrictions contained in this Agreement.

Disclaimer of Warranties

THIS WEB SITE IS PROVIDED "AS IS" WITH ALL FAULTS. ETF PORT AND ITS CONTENT PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE WEB SITE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, NONINFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE.

NEITHER ETF PORT NOR ITS CONTENT PROVIDERS WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE WEB SITE. NEITHER ETF PORT NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR INVESTMENT DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THIS WEB SITE

PAST PERFORMANCE OF AN EXCHANGE-TRADED FUND OR OTHER INVESTMENT VEHICLE DOES NOT GUARANTEE FUTURE PERFORMANCE. NEITHER ETF PORT NOR ITS CONTENT PROVIDERS SHALL BE CONSIDERED AN "EXPERT" UNDER THE SECURITIES ACT OF 1933. NEITHER ETF PORT NOR ITS CONTENT PROVIDERS WARRANT THAT THIS WEB SITE COMPLIES WITH THE REQUIREMENTS OF THE NASD OR ANY SIMILAR ORGANIZATION OR WITH THE SECURITIES LAWS OF ANY JURISDICTION

Nothing on this site is intended to be or should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by ETF PORT, LLC.

Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply in all cases.

Limitation of Liability

NEITHER ETF PORT NOR ITS CONTENT PROVIDERS NOR ANY PERSON THROUGH WHOM ETF PORT MAKES THE WEBSITE AVAILABLE SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT, THE WEB SITE, OR THE USE OF, OR RELIANCE ON, THE WEB SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY FROM A WILLFUL BREACH BY ETF PORT (OR THAT PERSON) OF ANY OF ITS EXPRESS OBLIGATIONS UNDER THIS AGREEMENT.

THE AGGREGATE LIABILITY OF ETF PORT AND ITS CONTENT PROVIDERS ARISING FROM OR RELATING TO THIS AGREEMENT, THE WEB SITE, AND THE USE OF, OR RELIANCE ON, THIS WEB SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES THAT CAN BE FINALLY PROVED IN A COURT OF COMPETENT JURISDICTION IN AN AMOUNT NOT TO EXCEED $1,000.

NEITHER ETF PORT NOR ITS CONTENT PROVIDERS SHALL BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE FOREGOING, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EVEN IF ETF PORT OR ITS CONTENT PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply in all cases.

Indemnification

You agree to indemnify, defend, and hold harmless ETF Port, its affiliates and its Content Providers from and against any and all claims, liabilities, losses, costs (including, but not limited to, reasonable attorneys' fees), and/or damages of any kind arising from or relating to: (i) your use of the Web Site; (ii) your breach of this Agreement; and (iii) any messages, information, or materials uploaded, posted, published, or transmitted by you in connection with the Web Site or the Discuss area (as defined below).

User Password

If you register with the Website, you are required to select a password, which you may then modify at any time as often as you like. You may not select any password that violates any third party's rights or is offensive, improper, or inappropriate. If ETF Port determines in its sole discretion that any password you select is inappropriate for any reason, ETF Port may delete that password and/or limit or terminate your access to the Website.

Your password is for your personal use only, and you agree to keep it secret and not to share it with anyone (except as expressly allowed under this User Agreement).

YOU ARE RESPONSIBLE FOR ALL USE, ACTIVITIES, AND CHARGES ASSOCIATED WITH OR ARISING FROM ANY USE OF YOUR PASSWORD, REGARDLESS OF WHETHER YOU AUTHORIZED SUCH USE. YOU MUST PROMPTLY NOTIFY ETF PORT (USING THE TOLL-FREE NUMBER OR E-MAIL ADDRESS LISTED BELOW UNDER "CUSTOMER SERVICE AND PRODUCT SUPPORT") OF ANY UNAUTHORIZED USE OF YOUR PASSWORD.

Third-Party Web Sites, Links, and Information

The Web Site may contain information, products, and services provided by third parties and links (including advertisements) to Web sites made available by third parties. This information and these products, services, and links are provided only as a convenience to users of this Web Site. ETF Port does not control this information or these products, services, or Web sites, ETF Port does not make any representations or warranties, express or implied, regarding this information or these products, services, or Web sites and shall not be liable for any information or services received from them. Inclusion of any of the foregoing in this Web Site does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with ETF Port with respect to any third party, any third party's Web site or its content, or any information, products, or services provided by a third party.

Quotes

Quotes are supplied by Barchart, Inc.. Quotes are delayed at least 15 minutes. All quotes are believed to be correct, but neither ETF Port nor its Content Providers warrant or guarantee the accuracy, completeness or timeliness of any such information. ETF Port advises you to always confirm the price of a particular investment with a broker or other party executing its sale, purchase or redemption, as appropriate.

Privacy and Information Made Available by You

ETF Port shall have the right to use and disclose any information provided by you through the Web Site (including but not limited to information provided through e-mail) or made available through your use of the Web Site, for any lawful purpose, unless you indicate otherwise in the Membership area of the Web Site. In no event shall you be entitled to any compensation for the use of any of this information. Please see our Privacy Policy for further details.

Member Services

You may not use the Member Services without a valid subscription from ETF Port. By subscribing to a full or trial membership you agree to the Member Services Terms and Conditions available in the Member Services section of the Web Site.

Governing Law and Jurisdiction

This Agreement is governed by and construed in accordance with the laws of the State of Illinois, U.S.A., without giving effect to any choice-of-law or conflict-of-law provision or rule (whether of the State of Illinois or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than that of the State of Illinois. You hereby consent to, and agree to bring any and all claims in, the exclusive jurisdiction of the state and federal courts located in Cook County, Illinois, U.S.A., for any action or proceeding arising under or relating to this Agreement, the Web Site, or the use of, or reliance on this Web Site, whether based in contract or tort or otherwise.

Entire Agreement

This Agreement shall constitute the entire agreement between you and ETF Port regarding the subject matter hereof and shall supersede any and all prior negotiations, representations, warranties, undertakings, or agreements, written or oral, between the parties regarding such subject matter.

Severability

To the maximum extent possible, each provision in this Agreement shall be interpreted in such manner as to be valid and enforceable under applicable law. If any provision of this Agreement is held to be invalid or unenforceable under applicable law, such provision shall be modified so as to be rendered valid and enforceable while implementing, to the maximum extent possible, the original intent of such provision. If such modification is not possible or allowed, then such provision shall be ineffective only to the extent of such unenforceability or invalidity without affecting the remainder of such provision or any other provisions in this Agreement.

Customer Service