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Terms & Conditions

Please read the following terms and conditions carefully. Use of this Website signifies your agreement to the following terms and conditions listed here and throughout this Website. XShares Advisors LLC may amend these terms and conditions. Each use of this Site reaffirms your acceptance of the terms and conditions contained within this Website at that time of use.

Terms of Use

Jurisdiction

The contents of this Website are not intended for distribution to or use by any person or entity in any jurisdiction or country where such use or distribution would be contrary to local law or regulation. XShares Advisors makes no representation that the content of this Website is appropriate for use in all locations or that the products, services or other materials are available in all jurisdictions. Users of this Site do so of their own volition and are responsible for compliance with local laws and regulations.

We have relied on sources we believe to be reliable, however technical and factual inaccuracies may occur. XShares Advisors LLC does not warrant the accuracy and completeness, either expressly or implied, of the materials presented on this Website. ALL INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Neither XShares Advisors LLC, its affiliates, directors, officers or its employees will be liable or have any responsibility for any loss or damage due to failure or interruption of this Site or resulting from an act or omission making data contained within this Site unavailable.

XShares Advisors LLC and its independent providers are not liable for any informational errors, incompleteness, or delays, or for any actions taken in reliance on information contained herein.

"NYSE Arca" is a trade and service mark of NYSE Group, Inc. The NYSE Group, Inc. makes no representation regarding the advisability of investing in the XShares Advisors Funds.

"New York Stock Exchange" is a trade and service mark of NYSE Group, Inc. The NYSE Group, Inc. makes no representation regarding the advisability of investing in the XShares Advisors Funds.

"Standard & Poor’s" is a trade and service mark of Standard & Poor’s, a division of McGraw-Hill Companies Inc. Standard & Poor’s makes no representation regarding the advisability of investing in the XShares Advisors Funds.

"Bank of New York" is a trade and service mark of Bank of New York. The Bank of New York makes no representation regarding the advisability of investing in the XShares Advisors Funds.

Indemnification

You agree to indemnify and hold harmless XShares Advisors LLC, its officers, directors, employees, and agents from and against any and all claims, proceedings, liabilities, damages, losses, costs and expenses, including reasonable attorney's fees and litigation expenses, relating to or arising from your access to or use of this Site and any breach by you of these terms and conditions or other improper act or omission by you. Amendment of these terms and conditions may only be made in writing by XShares Advisors LLC.

Intellectual Property

All copyrights, trademarks, logos, service marks, trade names, or other intellectual property displayed on, or used in conjunction with, this Website are proprietary to XShares Advisors LLC, unless otherwise noted. The content of this Website is protected by applicable intellectual property law. XShares Advisors LLC reserves all rights with respect to intellectual property ownership of all material on this Website, and will enforce such rights to the full extent permissible by law. The material accessible on or through this Website is accessible for personal browsing and printing purposes only. Users of this Website may not otherwise:

  • Copy, reproduce, modify, sell, republish, post, transmit, or distribute in any way material from this Website without the express, written permission of XShares Advisors LLC;
  • Use, copy, modify, or display any XShares Advisors name, logo, text, or graphic image without prior express, written permission;
  • Display any of the pages, text, images, or other content of this Website using "framing" technology without prior express written permission;
  • Modify or use the pages, text, images, or other content from this Website for any purpose other than browsing or printing for personal, non-commercial use; or
  • Take any action to create an impression of affiliation, sponsorship, or endorsement between any user and/or Website and XShares Advisors LLC. 

LINKED WEBSITES

XShares Advisors LLC is in no way responsible for the content of any Website, owned or operated by a third party, that may be linked to this Website via hyperlink, whether such hyperlink is provided by XShares Advisors LLC or by a third party. In addition, XShares Advisors LLC is in no way responsible for the content of any Website to which this Website may link. The information to which the user links (other than to Sites for funds advised by us) is neither prepared nor maintained by XShares Advisors LLC, and XShares Advisors LLC has not and will not review or update the information contained in any linked Website. XShares Advisors LLC is not responsible for, and makes no warranty with respect to the contents, accuracy, completeness, timeliness, suitability, or reliability of the linked Website. Use of any Website hyperlinked to or from this Website shall be at your own risk.

THIRD PARTY CONTENT

Through this Website, you may have access to market data information, such as news reports, third-party analyst reports, research, last sale transaction data, securities price quotations, and other information relating to securities and the securities markets (Market Information). XShares Advisors LLC may obtain this Market Information from third parties who are independent of XShares Advisors LLC. Even though the sources of the Market Information provided on this Website are believed to be reliable, XShares Advisors LLC is not responsible for, and makes no warranty with respect to the contents, accuracy, completeness, timeliness, suitability, or reliability of the Market Information. The Market Information provided is not a complete summary or statement of all available information or data. XSHARES ADVISORS LLC MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH RESPECT TO THE MARKET INFORMATION.

The Market Information and other information accessible through this Website is for personal, non-commercial use. You agree not to reproduce, modify, sell, distribute, broadcast, publish, or use for any commercial or unlawful purpose any Market Information or other information you access through this Website.

The Market Information is provided "as is" and on an "as available" basis. XShares Advisors LLC will not be responsible for lost profits, trading losses, or any other damages resulting from inaccurate, defective, or unavailable Market Information or other information. XShares Advisors LLC is not obligated to update or to continue to offer Market Information or other information accessible through this Website.

NO OFFER OR ADVICE

This Website is for informational purposes only and does not constitute an offer to sell or a solicitation of an offer to buy any security that may be referenced on or through this Website. Nor does this Website constitute an offering or recommendation by XShares Advisors LLC of any security, investment management service, or advisory service. XShares Advisors LLC does not provide investment advice, tax advice, or legal advice through this Website, and you agree that this Website will not be used by you for such purposes. XShares Advisors LLC does not represent that the securities, products, or services discussed on or accessible through this Website are suitable for any particular investor. You acknowledge that your requests for information are unsolicited, and the provision of any information through this Website shall not constitute or be considered investment advice, or an offer to sell, or a solicitation of an offer to buy any security.

LICENSURE INFORMATION

  • Representatives of an investment adviser (IA) may only conduct business in a state if the representatives and the IA they represent (a) satisfy the qualification requirements of, and are approved to do business by, the state; or (b) are excluded or exempted from the state's licensure requirements.
  • Representatives of an IA are deemed to conduct business in a state to the extent that they provide individualized responses to investor inquiries that involve (a) effecting, or attempting to effect, transactions in securities; or (b) rendering personalized investment advice for compensation.
  • An investor may obtain information concerning an IA, including licensure status and disciplinary history, by contacting the investor's state securities law administrator.

XShares Advisors LLC is currently registered as a Registered Investment Advisor with the Securities and Exchange Commission.

The services and products described on this Website are intended to be made available only to persons in the United States and the jurisdictions where XShares Advisors LLC is registered and licensed.  Nothing in this Website shall be considered a solicitation to buy or an offer to sell a security to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the securities laws of such jurisdictions.

USE OF E-MAIL

The security of electronic mail sent through the Internet is not guaranteed. Do not send sensitive or confidential information to us via electronic mail. Delivery, and timely delivery, of electronic mail is also not guaranteed. XShares Advisors LLC therefore recommends that you do not send time-sensitive or action-oriented messages to us via electronic mail.

DISCLAIMERS

XShares Advisors LLC does not warrant this Website (including the Market Information or other information accessible on or through this Website) for any particular purpose. It is provided "as is" and on an "as available" basis. XShares Advisors LLC disclaims, to the fullest extent of the law, any warranty of any kind, whether express or implied, as to any matter relating to this Website, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and no infringement. Use of this Website is at your own risk.

XShares Advisors LLC its directors, officers, and employees will not be liable or have any responsibility of any kind for any loss or damage that you incur arising from or in connection with:

  • Any delay, termination, failure, defect, or interruption in the transmission of this Website or any Market Information;
  • Any inaccuracy, error, unavailability, or incompleteness in the transmission of this Website or any Market Information;
  • Any termination or interruption of your access to this Website;
  • Your reliance on or use of this Website or any Market Information;
  • Any e-mail requests, or instructions you send, or the interception by third parties of any requests, or instructions you send via e-mail;
  • Any act or omission of XShares Advisors LLC in making this Website or Market Information available to you; or
  • Any other cause relating to your access to or use of this Website, whether or not the circumstances giving rise to such cause may have been within the control of XShares Advisors LLC or within the control of any other party providing software or services support for this Website.

XShares Advisors LLC does not warrant that this Website, or the functions contained in this Website, will be uninterrupted or error free, that defects will be corrected, or that this Website, or the servers that make it available, are free from viruses or other harmful components. You assume the entire cost of any necessary servicing, repairing, or correcting of your property or operations as a result of using this Website. You accept at your own risk that the Internet or other online communications medium may not perform as intended as a result of human, mechanical, or other error, despite the efforts of XShares Advisors LLC, you, or any third party.

In no event will XShares Advisors LLC or its directors, officers, or employees be liable to you for any direct, indirect, special, consequential, or incidental damages related in any way to your use of this Website, even if: (a) such damages are reasonably foreseeable; or (b) XShares Advisors LLC or any other party has been advised of the possibility of such damages.

EXCEPT AS EXPRESSLY SET FORTH HEREIN, XSHARES ADVISORS LLC AND ITS AFFILIATES, AGENTS AND LICENSORS HEREBY EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ERROR-FREE AND UNINTERRUPTED SERVICES. XSHARES ADVISORS LLC DOES NOT WARRANTY, GUARANTEE, OR MAKE ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, OR ASSUME ANY LIABILITY TO YOU REGARDING (i) THE USE OR THE RESULTS OF THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY FINANCIAL RESULTS BASED ON USE OF THE SERVICES OR INFORMATION OR ANY DELAY OR LOSS OF USE OF THE SERVICES OR, (ii) SYSTEM PERFORMANCE AND EFFECTS ON OR DAMAGES TO SOFTWARE AND HARDWARE IN CONNECTION WITH ANY USE OF THE SITE, SERVICES, AND INFORMATION. IN ADDITION TO AND WITHOUT LIMITING THE FOREGOING, XSHARES ADVISORS LLC SHALL NOT BE LIABLE FOR ANY HARM CAUSED BY THE TRANSMISSION THROUGH THE SERVICES OR INFORMATION, OF A COMPUTER VIRUS, OR OTHER COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS, MODIFY, DELETE, DAMAGE, CORRUPT, DEACTIVATE, DISABLE, DISRUPT, OR OTHERWISE IMPEDE IN ANY MANNER THE OPERATION OF THE SERVICES OR ANY OF YOUR SOFTWARE, HARDWARE, DATA OR PROPERTY.

GOVERNING LAW AND SEVERABILITY

These Terms will be governed and construed under the laws of the State of New York without regard to its conflict of law principles, regardless of whether you reside in New York or transact business with XShares Advisors LLC in New York or elsewhere. Nothing in these Terms creates any rights or protections that you are not already entitled to by law. If any part of these Terms is held invalid or unenforceable, that part will be deemed modified as necessary to make it effective, and the remaining provisions of these Terms will remain in effect.

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