Terms and Conditions of Use

Welcome, and thank you for your interest in ProShares, The Alternative ETF Company.SM

Please read the following Terms and Conditions of Use carefully before using the ProShares website. By using proshares.com, and the information and services available through the site, you agree to follow and be bound by these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, please do not use this website.

Proshares.com is owned and operated by ProShares (ProShares Trust and ProShares Trust II). ProShares ETFs are distributed by SEI Investments Distribution Co. ("SEI"), which is not affiliated with the funds’ advisor or sponsor. ProShares may modify these Terms and Conditions of Use at any time and without notice. Any such modifications will be effective immediately upon posting to this website. We suggest you periodically review these Terms and Conditions of Use.

Page Contents

Important Fund Disclosures
Copyright
Use of Hyperlinks
Timeliness of Content
ProShares Privacy Policy
ProShares Proxy Voting
Foreign Investors
Business Continuity Plan
Warranties, Disclaimers and Indemnifications
Email Correspondence
Governing Law
Trademarks


Important Fund Disclosures

Availability of Prospectuses

Carefully consider the investment objectives, risks, charges and expenses of ProShares ETFs before investing. This and other information can be found in their summary and full prospectuses. Read them carefully before investing. A separate ProShares Trust II prospectus is available for Volatility, Commodity and Currency funds. You can also receive prospectuses by writing to us at: ProShares, 7501 Wisconsin Avenue, Suite 1000E, Bethesda MD 20814, or by calling us at 866.PRO.5125. Investors can also obtain prospectuses and seek advice from a financial adviser or broker/dealer representative.

Notification of Risks

Investing involves risk, including the possible loss of principal. ProShares are non-diversified and entail certain risks, including risk associated with the use of derivatives (swap agreements, futures contracts and similar instruments), imperfect benchmark correlation, leverage and market price variance, all of which can increase volatility and decrease performance. For more on correlation, leverage and other risks, please read the prospectuses. There is no guarantee any ProShares ETF will achieve its investment objective.

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Copyright

All content, information, products and services available on or through proshares.com are owned, licensed or controlled by ProShares. Proshares.com is copyright 2011, ProShares, and protected under United States copyright laws, all rights reserved. No permission is granted to sell, copy, publish, reproduce, distribute, modify, post, "mirror" on any server, transfer or frame, in whole or in part, any of the contents, materials, designs, media or code from this website without the advance, express, written permission of ProShares. Notwithstanding the foregoing, materials provided by third parties may be subject to additional or different terms of use and restrictions. Unauthorized use of any material available on or through this website may violate copyright laws, trademark laws, trade secret laws, the laws of privacy and publicity, and communications regulations and statutes. Requests for consent to use website content or any other elements found on proshares.com must be made in writing to: ProShares, 7501 Wisconsin Avenue, Suite 1000E, Bethesda, MD 20814.

All names, graphics, logos, trademarks and service marks appearing on proshares.com are the exclusive property of their respective owners. All ProShares names, graphics, logos, trademarks and service marks are exclusive property of ProShares. ProShares’ names, graphics, logos, trademarks and service marks may not be used in connection with any product or service that is not ProShares’ without express advance written permission, and none of these may be used in any manner likely to cause confusion among customers or investors, or that is in any manner offensive, false, misleading, derogatory, disparaging or discrediting towards ProShares.

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Use of Hyperlinks

You may not hyperlink to proshares.com unless you receive permission from ProShares and accept and agree to comply with the conditions referenced below:

  • The hyperlink must be directed to ProShares' homepage at www.proshares.com.
  • The text of the hyperlink must state "ProShares" or "proshares.com."
  • The hyperlink may not falsely represent or suggest any relationship between ProShares and the linking website or entity.
  • The hyperlink may not portray any ProShares information in any manner that is offensive, false, misleading, derogatory, disparaging or discrediting.
  • The hyperlink may not alter the integrity or layout of the proshares.com website.
  • Hyperlinks to proshares.com from other websites are maintained by independent third parties and are not affiliated with ProShares. ProShares is not responsible for the accuracy or timeliness of any information or media provided on third party websites.

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Timeliness of Content

The information available on this site is reviewed and updated with due diligence, however, information available on this site may become outdated. Neither ProShares nor SEI assumes any liability or guarantee for the timeliness, accuracy and completeness of the information provided through proshares.com. ProShares makes reasonable efforts to provide content from sources it believes to be reliable, but makes no representation or warranty that the information available on proshares.com is correct, accurate, complete or reliable.

The content on the ProShares website is provided for information, education and non-commercial purposes only and is subject to change at any time. The information provided should not be construed as investment advice. Under no circumstances is the information provided intended to be an offer to sell or solicitation of an offer to buy ProShares ETFs. Each investor is responsible for evaluating the suitability and risks associated with investing in ProShares ETFs and agrees to not hold ProShares, SEI, their subsidiaries and affiliates, and each of their officers, directors, employees, and agents liable for any possible claim for damages arising from any decision based on the information made available through ProShares, proshares.com or SEI.

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ProShares Privacy Policy

ProShares' Privacy Policy may be reviewed here.

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ProShares Proxy Voting

ProShares' Proxy Voting Policy may be reviewed here.

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Foreign Investors

ProShares’ investment products and the services referred to on proshares.com are intended to be made available only to U.S. residents. Some ProShares products may be made available to non-U.S. residents through third parties. Under no circumstances is any information provided on the ProShares website intended to be an offer to sell or solicitation of an offer to buy ProShares ETFs, or any investment product or service, to any person in any jurisdiction where such offering or solicitation would be unlawful under the securities laws of that jurisdiction.

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Business Continuity Plan

ProShares has a flexible Business Continuity Plan ("BCP") to respond to events that significantly disrupt business. ProShares' BCP is designed to enable quick recovery and resumption of business operations after a significant business disruption ("SBD") by safeguarding employees and property, making financial and operational assessments, and protecting books and records so ProShares can continue to transact business.

ProShares' BCP addresses the following areas: data back-up and recovery; all mission-critical systems; financial and operational assessments; alternative communication methods with business constituents, employees, and regulators; alternative physical location for critical employees; service providers; and regulatory reporting. Back-up records are maintained electronically, and certain documentation is secured off site. While every emergency situation poses unique problems, it is ProShares’ and its technology service providers' objectives to restore all services as soon as possible.

SBDs vary in scope and severity. They may disrupt operations solely at ProShares, or they may affect a larger area. Should an SBD occur applying solely to ProShares' primary place of business, the firm will transfer operations to an off-site location and generally resume business the same day. If a larger area is disrupted, ProShares will transfer operations to a site outside of the affected area and generally resume business within 24 hours. ProShares will notify you of any necessary information through proshares.com.

This BCP is reviewed and approved annually by senior management and is subject to change. For more information, or if you have questions about the BCP, please contact ProShares at 866-PRO-5125 or through proshares.com.

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Warranties, Disclaimers and Indemnifications

  • ProShares makes no warranties, express or implied, about the use of ProShares ETFs or proshares.com.
  • Proshares.com is made available as is, and is subject to change at any time and without notice.
  • ProShares makes no warranties, express or implied, that proshares.com will be uninterrupted, secure or error free.
  • ProShares makes no warranties, express or implied, that the information on proshares.com will meet your needs or requirements.
  • To the full extent permitted under applicable law, ProShares expressly disclaims all warranties of any kind with respect to proshares.com, and any products or services available on or through this website, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, suitability and non-infringement.
  • Any content or data downloaded or otherwise obtained through the use of proshares.com is done at your own discretion and risk. You are solely responsible for any damage to your computer system or other equipment, loss or corruption of data, or any other losses or damages, tangible or intangible, resulting from your use of any materials downloaded from or obtained through proshares.com.
  • You agree that ProShares, SEI, their subsidiaries and affiliates, and each of their officers, directors, employees, and agents is not liable for any direct, indirect, incidental, special, consequential, punitive, intangible, or exemplary damages, including but not limited to, damages from loss of profits, revenue, income, goodwill, use, or data beyond the control of ProShares or SEI, caused by your use of or your inability to use proshares.com.
  • You agree that ProShares, SEI, their subsidiaries and affiliates, and each of their officers, directors, employees, and agents is not liable for damages caused by theft, unauthorized access, systems failure, or communications line failure, or the cost of procuring substitute goods or services, or for any other occurrences beyond the control of ProShares or SEI, even if they have been advised of the potential for such damages, caused by your use of or your inability to use proshares.com.
  • As a condition of using proshares.com, you agree to indemnify and hold ProShares, SEI, their subsidiaries and affiliates, and each of their officers, directors, employees, and agents harmless from and against any claims, demands, losses, liabilities, costs and expenses, including attorney fees, arising from your use of or your inability to use proshares.com, or any violation by you of these Terms and Conditions of Use.

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Email Correspondence

Inquiries concerning ProShares can be made through our general information email address at info@proshares.com.

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Governing Law

The terms of these policies, and any dispute that might arise between you and ProShares, SEI, their subsidiaries and affiliates, and each of their officers, directors, employees, and agents, are governed by the laws of the Commonwealth of Pennsylvania.

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Trademarks

"QQQ,®" "NASDAQ OMX,®" "NASDAQ-100®" and "NASDAQ-100 Index®" are trademarks of The NASDAQ OMX Group, Inc. "Standard & Poor's,®" "S&P,®" "S&P 500,®" "S&P MidCap 400,®" "S&P SmallCap 600,®" "Standard & Poor's 500,TM" "S&P 500® VIX® Short-Term Futures IndexTM" and "S&P 500® VIX® Mid-Term Futures IndexTM" are trademarks of Standard & Poor's Financial Services LLC ("S&P"). "Dow Jones Index," "DJ," "Dow Jones Industrial Average,SM" "The Dow 30,SM" "Dow Jones U.S. Sector Indexes," "Dow Jones Select Sector Indexes," "Dow Jones-UBS Commodity IndexesSM" and the names identifying each of the individual "Dow Jones-UBS SubindexesSM" are service marks of Dow Jones Trademark Holdings, LLC ("Dow Jones"), UBS Securities, LLC and UBS AG ("UBS AG"), as the case may be. The "Russell 3000® Index," "Russell 2000® Index," "Russell 2000® Growth Index," "Russell 2000® Value Index," "Russell 1000® Growth Index," "Russell 1000® Value Index," "Russell Midcap® Growth Index" and "Russell Midcap® Value Index" are trademarks of Russell Investment Group. "KBW Regional Banking IndexSM" is a service mark of Keefe, Bruyette and Woods, Inc. "MSCI," "MSCI Inc.," "MSCI Index" and "EAFE" are service marks of MSCI. "Barclays Capital" and "Barclays Capital Inc." are trademarks of Barclays Capital Inc. "iBoxx®" is a registered trademark of Markit North America, Inc. "Credit Suisse" and "Credit Suisse 130/30 Large-Cap IndexTM" are trademarks of Credit Suisse Securities (USA) LLC or one of its affiliates. "Research Affiliates Fundamental Index®" and "RAFI®" are trademarks of Research Affiliates, LLC. "Merrill Lynch Factor Model® – Exchange Series," "Merrill Lynch Factor Model,®" and "Merrill Lynch InternationalTM" are intellectual property of Merrill Lynch, Pierce, Fenner & Smith IncorporatedTM or its affiliates ("BofAML"). All have been licensed for use by ProShares. "VIX®" is a trademark of the Chicago Board Options Exchange, Incorporated ("CBOE") and CBOE has agreed that S&P may use the "VIX®" trademark in the names of the Indexes as licensed to ProShares. "Dow Jones Indexes" is the marketing name and a licensed trademark of CME Group Index Services LLC ("CME Indexes"). "Dow Jones Indexes" is a service mark of Dow Jones Trademark Holdings, LLC ("Dow Jones") and has been licensed to CME Indexes. "FTSE®" is a trademark of the London Stock Exchange Plc and The Financial Times Limited and is used by FTSE International Limited ("FTSE") under license. ProShares have not been passed on by these entities or their subsidiaries or affiliates as to their legality or suitability. ProShares are not sponsored, endorsed or promoted by these entities or their subsidiaries or affiliates, and they make no representation regarding the advisability of investing in ProShares. THESE ENTITIES AND THEIR SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND BEAR NO LIABILITY WITH RESPECT TO PROSHARES.

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