Terms of Use

This web site is provided by Denver Investments. Your right to access or use this web site is subject to and conditioned on the following terms and conditions. By visiting, accessing, browsing or using any portion of this web site, you are acknowledging that you have read and understood the most current version of this Terms of Use and agree to be bound by them. This is a legally binding document. If you do not agree to these Terms of Use, you must leave this web site and may not retain or use any printouts, electronic copies, or any information or services offered by this web site.

Please refer back to this Terms of Use page often. We reserve the right to change these terms and conditions at any time without notice. It is your responsibility to check back from time to time to ensure you are aware of any updates or changes to these terms.

Limitation of Liability. Denver Investments shall not be liable for any claims or losses of any nature, including, but not limited to, lost profits or punitive or consequential damages, even if Denver Investments has been advised of the possibility of the same, in connection with the use or misuse of the information provided on or accessed through this website in an authorized, unauthorized, or other manner.

You Must Make Your Own Investment Decision.

External Links. This website includes links to external websites. Links to these websites are included to provide you with access to information and services that you may deem to be of use or interest. Denver Investments is not responsible for the information on these websites or for anything that they provide.

Links to Other Sites. Denver Investments licensees its indexes to third parties for the creation of investment funds or other vehicles. Denver Investments is not responsible for the information on these websites or for anything that they provide nor does Denver Investments warrant such sites or content are free from any claims of copyright, trademark, or other infringement of the rights of third parties.

Intellectual Property

All text, narratives, photos, artwork, layout, coloring schemes, designs, data, charts, graphs, graphics, databases, names, logos, brand identities, service marks and trademarks appearing in this web site, including all rights therein (collectively, the “Content”) are protected intellectual property of, or used with permission under license by, Denver Investments. The entire Content of the web site is furthermore copyrighted and protected as a collective work.

Any use of the marks, and any use or misuse of any other Content on this web site not in compliance with the express authorizations in these Terms of Use or in the Content itself, is strictly prohibited. You may print copies of the information on this web site, save and store the files on your computer, or reference this server from your own documents, but in each case solely for your own personal use. However, you may not otherwise copy or re-use, or in any event republish, frame, modify, re-use or distribute text, graphics, or any other portion of the proprietary Content without our express written consent or for any public or commercial purpose other than your own personal use. All rights not expressly granted are reserved by us.

Standard & Poor’s is the source and owner of the S&P Index data contained in this material and all trademarks and copyrights related thereto. Any further dissemination or redistribution is strictly prohibited. Standard & Poor’s is not responsible for the formatting or configuration of this material or for any inaccuracy in Denver Investments’ presentation thereof.

Jurisdiction

The Content of the web site is presented only for the promotion of products available in the United States unless otherwise specified. We make no representation or warranty that the Content of the web site is applicable or appropriate for use in any jurisdiction, within or outside of the United States.

Disclaimer

Without limiting the foregoing, everything on the web site and the Content are provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, UPTIME, COMPLETENESS, ACCURACY, RELIABILITY, CURRENCY AND NONINFRINGEMENT. ADDITIONALLY, WE DO NOT WARRANT THAT THE WEB SITE(S) OR THE SERVERS ON WHICH THE WEB SITE(S) RESIDE ARE FREE OF VIRUSES OR OTHER DISABLING CODE. We do not warrant that the functions contained in these materials will be uninterrupted or error free, or that defects will be corrected. Your use of the web site and the Content is at your risk. Neither Denver Investments nor any of its contractors, affiliates, vendors, and service providers will be liable for any damages, including direct, indirect, incidental, consequential or punitive damages, arising out of your access to or use of or inability to use the web site and however caused, whether in contract or tort. If you become dissatisfied in any way with this web site, the Content, or these Terms of Use, your sole and exclusive remedy is to stop accessing and using this web site. (Some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, so these provisions may not apply to you). If any portion of these limitations on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Denver Investments and its affiliates shall not exceed one hundred dollars ($100).

Choice of Law and Enforcement

Your access to the web site as well as these Terms of Use and all our rights and obligations related to this web site and the Content are governed and interpreted under the laws of the State of Colorado without regard for conflict of law principles. You agree that any controversy or dispute arising from any of the foregoing will be exclusively settled in the courts residing in Denver, Colorado, and you submit to the personal and subject matter jurisdiction of such courts.

Agreeing to Terms

If you do not agree to this Terms of Use, you may not access or use this web site or any Content, information or services offered by this web site. We reserve the right to make changes in these Terms of Use, the web site, and Content at any time without prior notice. It is your responsibility to check these Terms of Use from time to time to ensure your continued compliance with its terms and any updates or changes hereto. Your continued access to or use of the web site will be deemed your acceptance to be bound by any new or updated terms in the Terms of Use.

Contact Information

If you have any questions or comments, please send them to us at Denver Investments, 1225 17th Street, 26th Floor, Denver, Colorado 80202.