Please read the following Terms and Conditions that govern your access to and use of the FocusShares, LLC Website (the “Website”). By using the Website, and any information, text, graphic images, documents, marketing collateral and other materials (the “Content”) or data pages or downloads (the “Data”) included or appearing on or available for download from the Website, you agree to follow and be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use the Website.

FocusShares owns the Website and reserves the right, at its sole discretion, to modify these Terms and Conditions at any time. Any such modification will be effective immediately upon the posting of the modification. You should check these Terms and Conditions periodically for modifications. If you use the Website after we post modifications to the Website, then you will be bound by such modifications.

Use of the Website, Content and Data

The Website is intended only for your personal, non-commercial use and display. You agree that your use of the Website and any Content will comply will all applicable laws, rules and regulations. You may download information from the Website to your computer and print out a hard copy for your personal reference, provided that you agree not to remove any copyright, trademark or other notices contained therein. By using the Website, you agree that you will not modify, alter, re-brand, co-brand, distribute or facilitate the distribution of the Content or Data.

FocusShares updates the Content and Data from time to time at its sole discretion. Neither FocusShares nor its licensors are obligated to update any information or opinions contained in any of the Content or Data. FocusShares and our licensors do not guarantee the accuracy, timeliness, completeness or correct sequencing of the Content or Data or warrant any results from your use of or reliance on the Content or Data. You agree that neither FocusShares or its licensors will be liable to you in any way for the termination, interruption, delay or inaccuracy of any of the Content or Data on or downloaded from the Website.

No Data on this Website may be copied, reproduced, redistributed, sold, leased, licensed, modified, altered, adapted or stored for use at a later time without the express written consent of FocusShares.

Downloading or Hyperlinking from the Website

In the event you use hyperlinks that may be included on the Website to gain access to a World Wide Web site, an Internet location or source of information, you acknowledge that such other sites or locations are not under the control of FocusShares and agree that FocusShares shall not be responsible for any information or other hyperlinks found at any such World Wide Web site, Internet location or source of information or for your use of such information. FocusShares provides such links only as a convenience to you and has not tested any software or verified any information found at such sites. The fact that FocusShares has provided a link to another site does not signify an endorsement of the site or its contents by FocusShares. There are inherent risks in the use of any software or information found on the Internet, and you acknowledge that you understand these risks before making any use of the Website.

Internet software, transmission errors or other problems may cause errors in or interrupt the download, display or transmission of Content, Data or other information. FocusShares will not be liable for any damages, changes or omissions that occur during download or transmission of Content, Data or other information to your computer.

Electronic Recording

In connection with your use of this Website, you acknowledge and consent to the taping or any form of electronic recording of any communication, electronic or otherwise, between you and FocusShares or its employees, affiliates, representatives or agents. You acknowledge and consent to the recording, retention and use by FocusShares (and its employees, affiliates, representatives and agents) of all information and data that you input during your use of the Website or during any communication.

Limited License and Website Access

FocusShares hereby grants you a limited, nonexclusive, nontransferable license to view, bookmark, download and print the pages within this Website solely for the purpose of your personal, non-commercial use and display. You are solely responsible for obtaining, paying for, repairing and maintaining all of the equipment, telephone lines and other material that you need to access this Website. You may not modify, copy, distribute, transmit, post, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any pages, Content, Data or other information obtained from this Website unless you have obtained the prior written permission of FocusShares. FocusShares reserves all rights not expressly granted herein. FocusShares expressly reserves the right to monitor any and all use of this Website.

Unless you have obtained FocusShares prior written permission, you and any other users and Websites, may not:

• Copy, modify or display FocusShares name, logo, trademarks, text, graphic images or content in any way, except as set forth herein;
• Redeliver any of the pages, text, graphic images or content of this Website using “framing” technology;
• Modify or use FocusShares’ name, logo or other trademarks or the pages, Content or Data from this Website for any purpose other than as set forth herein—such a modification or use is a violation of FocusShares’ copyrights and/or other proprietary rights;
• Use devices (including software) that are designed to provide repeated automated access to this Website, other than those made generally available by FocusShares, or probe, scan or test the vulnerability of any system or network related in any way to this Website, without the prior written consent of FocusShares. FocusShares reserves the right to take all measures necessary to prevent such access, probing, scanning or testing, including denial or termination of service, and you acknowledge and agree that FocusShares shall be entitled, without waiving any other rights or remedies, to injunctive or equitable relief as may be deemed proper to enforce such right; and
• Include "FOCUSSHARES," any FocusShares trademark, any FocusShares executive's or other employee's name or any variation of any of the foregoing, as a meta-tag, hidden textual element or any other indicator that may create an impression of affiliation, sponsorship or endorsement between any user and/or website and FocusShares and/or this Website.

Ownership; Trademarks and Copyrights

All rights, title and interest in and to this Website and the Content and Data included on or available from this Website are and shall remain the exclusive property of FocusShares and its licensors. This Website and all Content and Data (and any compilation thereof) are protected by U.S. and international copyright laws and other laws, rules, regulations and treaties.

FocusShares®, the FocusShares® logo and FocusTM are the registered and unregistered trademarks of FocusShares, LLC. All other marks appearing on this Website are the exclusive property of their respective owners.

FocusShares’ trademarks may not be used in connection with any product or service that is not FocusShares’ and may not be used in any manner that is likely to cause confusion among customers or that disparages or discredits FocusShares.

Restrictions

Except as explicity permitted by these Terms and Conditions, you agree not to:

• modify, copy, distribute, transmit, post, display, perform, reproduce, publish, license, transfer, sell or create derivative works from any pages, Content, Data or other information obtained from this Website;
• use any Content or Data or distribute any Content or Data in competition with FocusShares or any of its products or to the detriment of FocusShares or any of its products;
• access, alter, manipulate or damage non-public areas of the Website, FocusShares’ computer systems or technical delivery systems of FocusShares’ Data providers or other licensors or vendors;
• attempt to reverse engineer, disassemble, decompile or decipher any software used or licensed by FocusShares or its affiliates to provide the Website, Content or Data; or
• interfere with Website access or operation through introduction of a virus or spamming, overloading, mail bombing or flooding the Website.

International Use

Because of the global nature of the Internet, you agree to comply with all local laws, rules, codes and regulations regarding online conduct of the country in which you reside and the country from which you access this Website. The Contents of this Website are not intended for use by or distribution to any person, organization or entity where such use or distribution is or would be prohibited by or contrary to local law, rule, code or regulation.

Requirements for Hyperlinking to the Website

You may not hyperlink to this Website unless you accept and comply with the following Hyperlinking requirements. In addition, you may not hyperlink directly to any Data download or performance chart. You agree to not hyperlink to any such Data download or performance chart. You are granted a limited, revocable, nonexclusive right to create a hyperlink to this Website only if you comply at all times with all of the following conditions:

• The hyperlink must resolve to the Website home page at www.focusshares.com;
• The hyperlink must deliver users directly to this Website unaltered, unmodified and unadulterated in any way by the hyperlinking website;
• The text of the hyperlink on the linking website must include the terms "FocusShares®," "focusshares.com," "www.focusshares.com," "FocusShares® Exchange-Traded Funds," "FocusShares® ETFs," "Focus™ Exchange-Traded Funds" or "Focus™ ETFs." You may not use any FocusShares logo or other proprietary graphic, including but not limited to banner advertisements, as part of the hyperlink without the prior written permission of FocusShares;
• The hyperlink and surrounding context on the linking website must not falsely represent or misrepresent or suggest any relationship between the linking website and FocusShares or this Website (including suggestions of affiliation, partnership, endorsement or sponsorship);
• The hyperlink and surrounding context on the linking website must not portray FocusShares or its products or any of its employees, affiliates, representatives or agents in a false, misleading, derogatory, disparaging or otherwise offensive manner;
• The hyperlink must deliver FocusShares content outside of a framed environment and must maintain and not alter the integrity of the layout, content, look and feel of this Website.

Notwithstanding the foregoing, in no event may you maintain numerous or pervasive links to this Website without the prior written permission of FocusShares.

Termination, Suspension or Modification

The rights granted to you herein terminate immediately upon any violation by you of these Terms and Conditions. FocusShares reserves the right to terminate, suspend or modify your access to the Website, Content and Data at any time, without notice, for any reason whatsoever. You agree that FocusShares shall not be liable to you or any third party for any termination of your access to the Website, Content or Data.

Disclaimers and Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE WEBSITE, AND ANY CONTENT OR DATA, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, FOCUSSHARES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE AND ANY CONTENT, DATA OR PRODUCTS AVAILABLE ON OR THROUGH THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FOCUSSHARES MAKES NO REPRESENTATION OR WARRANTY THAT:

1. THE WEBSITE WILL MEET YOUR REQUIREMENTS;
2. THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE OF VIRUSES, ERRORS, WORMS, DATE BOMBS, TIME BOMBS OR OTHER HARMFUL COMPONENTS;
3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE;
4. THE QUALITY OF ANY CONTENT, DATA OR OTHER INFORMATION OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS;
5. ANY ERRORS ON THE WEBSITE OR IN THE CONTENT OR DATA WILL BE CORRECTED; AND
6. THE CONTENT AND DATA PRESENTED OR DISPLAYED ON THE WEBSITE ARE CORRECT, ACCURATE OR RELIABLE.

ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR INFORMATION THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR DATA.

YOU AGREE THAT FOCUSSHARES AND ANY OF ITS THIRD-PARTY PROVIDERS OF CONTENT, DATA, SOFTWARE OR OTHER INFORMATION SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES CAUSED BY THEFT, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, COMMUNICATIONS LINE FAILURE OR OTHER OCCURRENCES BEYOND THE CONTROL OF FOCUSSHARES OR SUCH THIRD PARTIES.

NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, WHETHER OBTAINED BY YOU FROM FOCUSSHARES, FROM A FOCUSSHARES EMPLOYEE OR AGENT OR THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

FOCUSSHARES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FOCUSSHARES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING IN CONNECTION WITH:

1. THE USE OF OR THE INABILITY TO USE THE WEBSITE;
2. ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATION OR TRANSMISSION LINE OR SYSTEM FAILURE OR COMPUTER VIRUS;
3. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR
4. ANY OTHER MATTER RELATING TO THE WEBSITE.

THIS WEBSITE MAY CONTAIN HYPERLINKS TO THIRD-PARTY WEBSITES OR RESOURCES. YOU ACKNOWLEDGE AND AGREE THAT FOCUSSHARES WILL NOT BE RESPONSIBLE OR LIABLE FOR, AND MAKES NO REPRESENTATION, WARRANTY OR ENDORSEMENT IN CONNECTION WITH, SUCH THIRD-PARTY WEBSITES OR THE AVAILABILITY, ACCURACY OR CONTENT OF SUCH THIRD-PARTY WEBSITES OR RESOURCES.

Indemnification

You agree to indemnify, defend and hold harmless FocusShares and its affiliates and the officers, directors, employees and agents of FocusShares and its affiliates, from and against any and all claims, liabilities, damages, losses or expenses, including attorneys' fees and costs, arising out of or in any way connected with your access to or use of this Website.

Integration and Severability

If any provision of these Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of the remaining provisions. These Terms and Conditions represent the entire agreement between FocusShares and you relating to the subject matter herein, except that FocusShares relationship with its customers is governed by the FocusShares account agreements.

Applicable Law and Venue

Unless otherwise specified, FocusShares controls and operates this Website from its offices within the State of Missouri, United States of America. FocusShares does not claim that materials in this Website are appropriate or available for use in locations other than the United States. If you choose to access this Website from other locations, you do so on your own initiative and you are responsible for compliance with any applicable local laws, as set forth above. By visiting this Website, you agree that the laws of the State of Missouri, United States of America, without regard to principles of conflict of laws or the United Nations Convention on Contracts for the International Sale of Goods, will govern these Terms and Conditions and any dispute of any sort that might arise between you and FocusShares or its affiliates. If you take legal action relating to these Terms and Conditions, you agree to file such action only in the Twenty-First Judicial Circuit of the State of Missouri (also known as the Circuit Court of St. Louis County) or the United States District Court for the Eastern District of Missouri, and you consent and submit to the exclusive personal jurisdiction of those courts for the purposes of litigating any such action.

Other Disclosures

The Focus™ Morningstar ETFs (the “Funds”) are distributed by Foreside Fund Services, LLC (“Foreside”). FocusShares, LLC (“FocusShares”) serves as investment advisor to the Funds. FocusShares is a subsidiary of Scottrade Financial Services, Inc. (“SFSI”) and affiliate of Scottrade, Inc. (“Scottrade”). None of FocusShares, SFSI and Scottrade is an affiliate of Foreside.

Before investing in any of the Funds, you should carefully consider the applicable fund’s investment objectives, risks, charges and expenses. This and other information is in the applicable fund’s prospectus, which is available for viewing or download on this Website. Please read the prospectus carefully before you invest.

An investment in any of the Funds is subject to risk, including the possible loss of principal amount invested. Sector funds tend to be riskier and more volatile than broad market funds because they are less diversified. Investments in mid- and small-capitalization companies may be more volatile than investments in larger companies. There can be no assurance that active trading markets for the Funds will develop or be maintained.

The performance of the Funds is not guaranteed by FocusShares. An investment in any of the Funds is not insured by the Federal Deposit Insurance Corporation or any other government agency or entity.

This information is not an offer to sell or a solicitation of an offer to buy shares in any of the Funds. No shares in any of the Funds will be offered or sold to any person in any jurisdiction in which an offer to sell or solicitation to buy or a sale or purchase would be unlawful under the securities laws, rules or regulations of such jurisdiction.

ETFs are subject to commission costs each time a “buy” or “sell” is executed. Depending on the amount of trading activity, the low costs of ETFs may be outweighed by commissions and related trading costs.

Index Provider Disclosures

Morningstar® US MarketSM Index, Morningstar® Large CapSM Index, Morningstar® Mid CapSM Index, Morningstar® Small CapSM Index, Morningstar® Basic MaterialsSM Index, Morningstar® Communication ServicesSM Index, Morningstar® Consumer CyclicalSM Index, Morningstar® Consumer DefensiveSM Index, Morningstar® EnergySM Index, Morningstar® Financial ServicesSM Index, Morningstar® Health CareSM Index, Morningstar® IndustrialsSM Index, Morningstar® Real EstateSM Index, Morningstar® TechnologySM Index and Morningstar® UtilitiesSM Index (collectively, the “Morningstar Indexes”) are the trademarks and servicemarks of Morningstar, Inc. and have been licensed for use for certain purposes by FocusShares.

The Funds that are based on the Morningstar Indexes are not sponsored, endorsed, sold or promoted by Morningstar, Inc., and Morningstar, Inc. makes no representation regarding the advisability of investing in such Funds.