AMERICAN STOCK EXCHANGE LLC - WEBSITE TERMS AND CONDITIONS
USE OF THIS WEBSITE IS CONDITIONED UPON, AND SIGNIFIES YOUR AGREEMENT TO, THE FOLLOWING TERMS AND CONDITIONS:
Copyright Notice
The design of, as well as the materials, content, text, graphics and information ("Information") contained in this website are owned, licensed or controlled by the American Stock Exchange LLC (Amex®), its affiliates and the party credited as the owner, licensor or provider of such Information. This website is also protected as a collective work or compilation under United States copyright laws. You agree to comply with all United States copyright laws. You may view, print and download one copy of the Information for your personal noncommercial use provided, however, you maintain all copyright, trademark and other notices contained on the Information. You may not otherwise copy, reproduce, alter, store either in hard copy or in an electronic retrieval system, license, transmit, display, broadcast, create a derivative work from, publish, rent, sublicense, distribute or otherwise use in whole or in part in any other manner the Information without the Amex' prior written consent except to the extent that such use constitutes "fair use" under the "Copyright Act" of 1976 (17 U.S.C. Section 107), as amended. In addition, the Information may not be taken out of context or presented in an unfair, misleading or discriminatory manner. All copies must bear this permission notice and the following copyright citation on the first page: Copyright © 2007, American Stock Exchange LLC. All rights reserved. Except as set forth herein, any other use of the Information contained in this website requires the prior written consent of the Amex and may require a fee. Request for such consent must be made in writing and should be mailed to the American Stock Exchange LLC, Attention: Web Development, 86 Trinity Place, New York, NY 10006; or you may send an e-mail message to amexfeedback@amex.com.
Notice of Service/Trademark Rights
American Stock Exchange®, Amex®, AEMI®, Amex Trader®, Amex Online®, Amex IR Alliance®, Intellidex®, Major Market Index®, XMI®, Institutional Index®, Japan Index®, Amex Hong Kong 30 Index®, Opportunity Made Fresh Daily®, and EQ Priority® are registered service/trademarks of the Amex. The Amex claims service/trademark rights in StrataQuant™, Dynamic OTC Intellidex™, Dynamic Market Intellidex™, Finish Low™, and Finish High™. The use or misuse of these trademarks/service marks or any Amex-owned domain names or common law trademarks, except as permitted, is expressly prohibited and may be in violation of copyright law, trademark law and/or other relevant laws. Please be advised that the Amex enforces its intellectual property rights to the fullest extent of the law.
The following service/trademarks are owned by their respective owners:
DIAMONDS®
Dow Jones®
The Dow®
The Dow 30SM
DJIA®
Dow Jones Industrial AverageSM
Dow Jones Global 50 Titans Index
Dow Jones U.S. Large Cap Growth Index
Dow Jones U.S. Large Cap Value Index
Dow Jones U.S. Small Cap Growth Index
Dow Jones U.S. Small Cap Value IndexFORTUNE 500® Index
HOLDRSSM
HOlding Company Depositary ReceiptSSMInter@ctive Week Internet IndexSM
LEAPS®
Long-term Equity AnticiPation Securities®The Nasdaq Stock Market®
Nasdaq®
Nasdaq National Market®
Nasdaq-100®
Nasdaq-100 Index®
Nasdaq Biotechnology Index®
Nasdaq-100 TrustSM
Nasdaq-100 Index Tracking StockSMStandard & Poor's®
S&P®
S&P 500®
Standard & Poor's Depositary Receipts®
SPDRs®
Standard & Poor's 500 Composite Stock Price Index
S&P 500 Index
S&P MidCap 400 Index™
Standard & Poor's MidCap 400 Depositary Receipts™
MidCap SPDRs™
Disclaimer
ALTHOUGH THE INFORMATION PROVIDED ON THIS WEBSITE HAS BEEN OBTAINED FROM SOURCES DEEMED TO BE RELIABLE, ALL INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERRORS, THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, AS WELL AS OTHER FACTORS, THE AMEX IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE INFORMATION. THE AMEX MAKES NO REPRESENTATIONS AND DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND TO THE USERS AND /OR ANY THIRD PARTY, INCLUDING ANY WARRANTIES OF ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT TO USERS AND/OR ANY THIRD PARTY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, THE AMEX IN PROVIDING THE INFORMATION MAKES NO ENDORSEMENT OF ANY PARTICULAR SECURITY OR MARKET PARTICIPANT. THE INCLUSION OF NON-AMEX ADVERTISEMENTS ON THIS WEBSITE SHOULD NOT BE CONSTRUED AS AN ENDORSEMENT OR AN INDICATION OF THE VALUE OF ANY PRODUCT, SERVICE OR WEBSITE.
UNLESS DUE TO WILLFUL TORTIOUS MISCONDUCT OR GROSS NEGLIGENCE, NEITHER AMEX (NOR ANY OF THEIR RESPECTIVE AFFILIATES), OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS SHALL HAVE NO LIABILITY IN TORT, CONTRACT, OR OTHERWISE TO USER AND/OR ANY THIRD PARTY. UNDER NO CIRCUMSTANCES SHALL THE AMEX OR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS BE LIABLE TO USER (AND/OR ANY THIRD PARTY) FOR ANY LOST PROFITS OR LOST OPPORTUNITY, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER.
Some states and foreign countries provide rights in addition to those above, or do not allow excluding or limiting implied warranties, or liability for incidental or consequential damages. Therefore, the above limitation may not apply to you or there may be state provisions which supersede the above.
The Content on this Web site has been prepared for informational and/or educational purposes only without regard to any particular user's investment objectives, financial situation or means. Neither Amex, the Third Party Providers, nor any of their respective affiliates, officers, directors, employees, agents or licensors are soliciting any action based on it. The Content on this Web site is not to be construed as a recommendation or offer to buy or sell or the solicitation of an offer to buy or sell any security, financial product or instrument; or to participate in any particular trading strategy in any jurisdiction in which such an offer or solicitation, or trading strategy would be illegal. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC SECURITY, INDEX, REPORT, OPINION, ADVICE OR OTHER CONTENT.
Links To Third Party and/or Amex Websites
Amex owns all proprietary rights to the Amex Constitution and Rules. The Amex accepts no responsibility for the accuracy or currentness or otherwise for the redissemination of the Amex Constitution and Rules appearing in a link provided by this website. The Amex reserves the right to amend the Amex Constitution and Rules at its discretion. CCH Incorporated is solely responsible for any commentary and electronic cross-references.
Links from this website are provided for your convenience. The contents of any linked websites are not provided by the Amex, and linked websites are not under the control of the Amex. The Amex has not reviewed, approved and is not responsible for the contents of any linked website or any links contained in a linked website. The inclusion of any link does not imply endorsement by the Amex of the website and the Amex makes no representations or warranties as to, and shall have no liability for, any electronic content delivered by any third party including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content. The Amex is not responsible for the privacy practices of non-Amex linked websites.
The Amex prohibits caching, unauthorized hypertext links to the website and the framing of any Information available through its website. The Amex reserves the right to disable any unauthorized links or frames, and disclaims any responsibility for the content available on any other website reached by links to or from the Amex website.
No Unlawful or Prohibited Use/Monitoring of Web site
You acknowledge and agree that, as a condition of your use of this Web site, you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use this Web site in any manner that could damage, disable, overburden or impair any Amex server, or the network(s) connected to any Amex server, or interfere with any other party's use and enjoyment of this Web site. You may not attempt to gain unauthorized access to this Web site or any services, other accounts, computer systems or networks connected to any Amex server or to any of the services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Web site.
Amex reserves the right, in its sole discretion, to monitor any and all use of this Web site.
Cookies/Monitoring
The Amex websites collect data, in the aggregate, on user activity and browser characteristics so that we can make improvements. There are various technologies, including "cookies," which can be used for this purpose. A cookie can be sent to your browser, which then stores it on your system. A cookie does not retrieve data from your hard drive or capture or store your e-mail address. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. You may continue browsing our website even if you decide not to accept the cookie. Other technologies, unlike cookies which can be accepted or declined by a user, may just arrive on a web page and may not be easily detected by a user. Please remember, we are not collecting information about you personally, but how users, in the aggregate, are using our website.
We have contracted with Omniture, Inc. ("Omniture") to monitor certain pages of our web site for the purpose of reporting web traffic, statistics, advertisement 'click-throughs', and/or other activities on our site. Where authorized by us, Omniture may use cookies, web beacons, and/or other monitoring technologies to compile anonymous statistics on our web site visitors. No personally identifiable data is collected by or transferred to Omniture. For more information about how the information collected by Omniture is used, please see Omniture's privacy policy at http://www.omniture.com/privacy/product
Privacy Statement
The Amex respects the privacy of those who visit amex.com and will keep confidential the personal information you release to us through the amexfeedback@amex.com feature and the prospectus request forms. In general, you can visit the Amex Website without telling us who you are or revealing any personal information about yourself. However, there are times when we may need information from you, such as your name, mailing address or e-mail address. An example of a time when we may need information from you is if you use the "Contact Us" feature, to contact us about our website or services. You will be asked to supply that information voluntarily. We also collect nonpublic information from applications and other forms that you may submit to us, and from your transactions with us, our affiliates, or others. Except when required to do so by law, we do not share any of the personal information you provide to us with any third party other than service providers of ours who assist us in providing the information and/or services we are providing to you and who need to know the information in order to verify or fulfill your transactions with us, in accordance with our agreements with those service providers, which agreements state that the service provider agrees to comply with our privacy standards as described in this privacy policy. We will not sell your personal information to or share it with any other company or third party agency, except as permitted by law. We disclose such nonpublic personal information about you only to those employees who have a need to know.
Notice of Changes
Amex reserves the right to change or update this Privacy Statement and Policy or the Terms and Conditions for use of the Website at any time. Accordingly, if such changes are made, we will disclose those changes on the Website so that users are aware of our policies concerning information collection, use, and disclosure. Any changes or updates will be effective immediately upon posting to the Website.
Legal Disclaimer
Amex reserves the right to disclose user information in special cases, when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be causing injury or interference with (either intentionally or unintentionally) our rights or property, other Website users, or anyone else that could be harmed by such activities. We may also disclose personal information without notice to you in response to a subpoena, or when requested from a United States government regulatory body or law enforcement agency, when we believe in good faith that the law requires it or to respond to any emergency situation.
Opt In
You have the option, however, of allowing us to release information obtained from the prospectus request form by clicking the "opt in" button on the form. If you opt in, the Amex may share the information with affiliates, listed companies and/or sponsors of securities admitted to dealings on the Amex, may use the information for its own internal purposes, and may also contact you for market research. If you would like to change or delete any information that you have submitted to amex.com, please send an e-mail message to amexfeedback@amex.com or write to:
American Stock Exchange
Attention: Web Management
86 Trinity Place
New York, NY 10006 USA
Opt Out
The Website provides registered users the opportunity to opt-out of receiving communications from us at the point where we request information about the user. If you choose to update or delete personal information previously provided, Amex will endeavor to correct, update or remove the personal information from our database. If you would like to change or delete any information that you have submitted to amex.com, please send an e-mail message to amexfeedback@amex.com or write to:
American Stock Exchange
Attention: Web Management
86 Trinity Place
New York, NY 10006 USA
It is our intention to adhere to the Children's Online Privacy Protection Act and its rules on collecting personal information from minors.. Amex does not knowingly collect or use any personal information from users under 13 years of age. No information should be submitted to this Website by guests under 13 years of age. Amex provides links to third party web sites, however, we are not responsible for those sites, their content or privacy policies. We advise you to check their privacy policies as well.
User agrees to indemnify and hold harmless the Amex and its affiliates and their officers, directors, employees and agents from any and all claims and losses imposed on, incurred by or asserted as a result of or related to: (a) any noncompliance by user with the terms and conditions hereof; or (b) any third-party actions related to user's receipt and use of the Information, whether authorized or unauthorized. Any cooperation by the Amex in such defense is without waiver of any attorney-client, work product, or other legal privileges. Any clause declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder. These terms may only be amended in a writing signed by the Amex and are governed by the laws of the State of New York.
Dow Jones Terms and Conditions
The Dow Jones IndexesSM are propietary and are compiled, calculated and distributed by Dow Jones & Company, Inc. and have been licensed for use. All content of the Dow Jones IndexesSM © 2007 is propietary to Dow Jones & Company, Inc.
Options Disclaimer
This website discusses exchange-traded options issued by The Options Clearing Corporation (OCC), including but not limited to equity options, stock index options, options on exchange-traded funds and trust issued receipts. Options involve risk and are not suitable for all investors. Prior to buying or selling an option, a person must receive a copy of Characteristics and Risks of Standardized Options (ODD). Copies of the ODD and OCC Prospectus are available from your broker, by calling 1-888-OPTIONS, or from The Options Clearing Corporation, One North Wacker Drive, Suite 500, Chicago, Illinois 60606. The information on this website is provided solely for general education and information purposes and therefore should not be considered complete, precise, or current. Many of the matters discussed are subject to detailed rules, regulations, and statutory provisions which should be referred to for additional detail and are subject to changes that may not be fully reflected in the website information. No statement within the website should be construed as a recommendation to buy or sell a security or to provide investment advice. The inclusion of non-Amex materials on the website should not be construed as an endorsement or an indication of the value of any product, service, or website.
Exchange Traded Fund Disclaimer
"Standard & Poor's®," "S&P®," "S&P 500®," "Standard & Poor's 500," "500," "Standard & Poor's Depositary Receipts," "SPDR®," "SPDRsSM," "Standard & Poor's MidCap 400 Depositary Receipts™," "Standard & Poor's MidCap 400 Index™," "S&P MidCap 400 Index™," "MidCap SPDRs™," "Select Sector SPDR®," "Select Sector SPDRs®," and "Select Sector Standard & Poor's Depositary Receipts" are trademarks of The McGraw-Hill Companies, Inc., and have been licensed for use by PDR Services LLC and the American Stock Exchange LLC in connection with the listing and trading of SPDRs, MidCap SPDRs and Select Sector SPDRs on the Amex. These products are not sponsored, sold or endorsed by Standard & Poor's, ("S&P"), a division of The McGraw-Hill Companies, Inc., and S&P makes no representation regarding the advisability of investing in them. The stocks included in each Select Sector Index (upon which the Select Sector SPDR Funds are based) were selected by the index compilation agent in consultation with S&P from the universe of companies represented by the S&P 500 Index. The composition and weighting of the stocks included in each Select Sector Index can be expected to differ from the composition and weighting of stocks included in any similar S&P 500 sector index that is published and disseminated by S&P.
FORTUNE 500® Index is a trademark of FORTUNE, a division of Time Inc. FORTUNE makes no warranty as to the accuracy and/or completeness of the index or the data included therein or the results to be obtained by any person for the use of the index or the data included therein. The index is determined and calculated by FORTUNE without regard to the American Stock Exchange.