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 © 2004, 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, and AmexTrader are registered service/trademarks of American Stock Exchange LLC.

The following service/trademarks are owned by their respective owners:

DIAMONDS^®
Dow Jones^®
The Dow^®
The Dow 30^SM
DJIA^®
Dow Jones Industrial Average^SM

Standard & 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^TM
Standard & Poor's MidCap 400 Depositary Receipts^TM
MidCap SPDRs^TM

The "SPDR®" trademark is used under license from The McGraw-Hill Companies, Inc. (“McGraw-Hill”). No financial product offered by state Street Corporation or its affiliates is sponsored, endorsed, sold or promoted by McGraw Hill. Standard & Poor's®, S&P®, S&P 500®, Select Sector SPDR®, Select Sector SPDRs® are trademarks of The McGraw-Hill Companies, Inc., and have been licensed for use by State Street Bank and Trust Company.

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, THE AMEX (AND AFFILIATES) SHALL HAVE NO LIABILITY IN TORT, CONTRACT, OR OTHERWISE TO USER AND/OR ANY THIRD PARTY.

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 American Stock Exchange LLC ("Amex") owns all proprietary rights to the Amex Constitution and rules which are reproduced herein. The Amex accepts no responsibility for the accuracy or currentness or otherwise for the redissemination of the Amex Constitution and rules appearing herein. 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 To Third Party and/or Amex Websites

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.

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 Overture Services, Inc. ("Overture") 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, Overture 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 Overture. For more information about how the information collected by Overture is used, please see Overture's privacy policy at http://www.content.overture.com/d/USm/about/company/privacypolicy.jhtml

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. There are times when we may need information from you, such as your name, mailing address or e-mail address. 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. 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.

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 Development
86 Trinity Place
New York, NY 10006 USA

Indemnification

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.

ComStock Terms and Conditions

Neither the American Stock Exchange LLC (Amex), ComStock, their affiliates, nor any third-party licensor shall have any liability for the accuracy or completeness of the information or software furnished through amex.com or for delays, interruptions or omissions therein, nor for any lost profits, indirect, special or consequential damages. Either Amex, ComStock, their affiliates or third-party licensors have exclusive proprietary rights in any information and software received. User shall not use or permit anyone to use the information or software provided through amex.com for any unlawful or unauthorized purpose. User is not authorized or permitted to furnish such information or software to any person or firm for reuse or retransmission without prior written approval of the source of such information or software. Use of ComStock information is solely for the User's personal use and prior to execution of a security trade based upon the ComStock information, Users are advised to consult with their broker or other financial representative to verify pricing information.

Dow Jones Terms and Conditions

Exchange Traded Fund Disclaimer

Exchange traded funds are subject to risks similar to those of stocks. Investment returns will fluctuate and are subject to market volatility, so that an investor's shares, when redeemed or sold, may be worth more or less than their original cost. Investments in foreign investments may incur greater risks than domestic investments. Past performance is no guarantee of future results.

Investors may obtain prospectuses for Amex-traded exchange traded funds. Investors should consider investment objectives, risks, charges, and expenses of the investment company carefully before investing. This information is not an offer to sell nor a solicitation to buy securities in any state where such offer is not permitted.

To obtain a prospectus with more complete information, including potential risks, on DIAMONDS, MidCap SPDRs, and SPDRs call 1-800-THE-AMEX. Or click here for a prospectus. Read a prospectus carefully before investing.

ALPS Distributors, Inc., a registered broker-dealer, is distributor for DIAMONDS, MidCap SPDRs, and SPDRs, unit investment trusts.

"Dow Jones®," "The Dow®," "The Dow 30^SM," "Dow Jones Industrial Average^SM," "DJIA®" and "DIAMONDS®" are trade/service marks of Dow Jones & Company, Inc. ("Dow Jones") and have been licensed for use for certain purposes by the American Stock Exchange LLC and PDR Services LLC pursuant to a License Agreement with Dow Jones. The DIAMONDS Trust, based on the DJIA, is not sponsored, endorsed, sold or promoted by Dow Jones, and Dow Jones makes no representation regarding the advisability of investing in the DIAMONDS Trust.

"Standard & Poor's^®," "S&P^®," "S&P 500^®," "Standard & Poor's Depositary Receipts^®," "SPDR^®," "Standard & Poor's MidCap 400 Depositary Receipts^TM," and "MidCap SPDRs^TM," 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 and MidCap 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.