Deutsche Bank or its subsidiaries (“Deutsche Bank”) owns and operates this web site (the “Site”). Please review this Terms of Use Agreement (“Terms of Use” or “Agreement”) carefully before using the Site. This Agreement governs any use of the Site. By using the Site in any way, you indicate that you understand and intend this Agreement to be the legal equivalent of a signed, written contract and equally binding, and that you accept the terms of use as set forth in this Agreement and agree to be legally bound by them.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Your continued use of the Site following reasonable notice of such modifications will be conclusively deemed acceptance of any changes to these Terms of Use. You agree that notice of changes to these Terms of Use posted on the Site constitutes reasonable and sufficient notice. At all times, you are bound by the then-current version of these Terms and all applicable laws.
Terms of Use
1. General Disclaimers. Deutsche Bank provides the information in this Site as a service to its customers and other visitors, to be used for informational purposes only. Nothing on this Site should be used or construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security. Nothing on this Site constitutes investment advice nor is it intended as tax, financial or legal advice. Investors should seek such professional advice for their particular situation. This Site is published in the United States for residents of the United States. Investors outside of the United States are subject to securities and tax regulations within their applicable jurisdictions that are not addressed on this Site. Nothing on this Site constitutes or should be considered a solicitation to buy or an offer to sell shares of any investment product or service in any jurisdiction where the offer or solicitation would be unlawful under the securities laws of such jurisdiction. Performance information presented on this Site is historical, and is not indicative of future results. Investment returns and principal may vary, and at the time of sale, your investment may be worth more or less than its original cost. It is possible to lose money by investing in securities, options, futures or other financial instruments. Such investments are not deposits or obligations of, or guaranteed or endorsed by, any bank, and are not federally insured or guaranteed by the U.S. government, the FDIC, the Federal Reserve Board or any other agency.
2. Prospectus and Risk Disclosure. You should carefully consider the investment objectives, risks, charges and expenses before investing. This and other information can be found in the products’ prospectuses, which may be obtained by calling 1-877-369-4617 or by viewing or downloading a prospectus here. Read the prospectus carefully before investing. Investing involves risk, including possible loss of principal.
3. This Site (including the software and files), the computers hosting this Site, and content provided on this Site, including the text, music and sound, graphics, images, photographs, audio and video, footage, animations, podcasts, analyses, studies, reports, and downloads (all such content collectively, the “Content”) are the exclusive property of Deutsche Bank or are licensed to Deutsche Bank, and are protected by law, including United States copyright, database, trade secret, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided in this Agreement, Deutsche Bank does not grant any express or implied rights to you. The Contents are © 2010, Deutsche Bank. All rights reserved. Deutsche Bank also owns copyright rights in the Site as a collective work and/or compilation, and in any and all databases accessible on or through the Site. Unless otherwise noted, DBX, DBX STRATEGIC ADVISORS, DB COMMODITY SERVICES LLC and other brands featured on the Site constitute our trade/service marks. You agree not to directly or indirectly: attempt to register, challenge or contest the validity or Deutsche Bank’s ownership of, such copyrights, trademarks or any other Deutsche Bank intellectual property, or assist any third party in doing so. You may not use, copy, modify, or display any of Deutsche Bank’s names, trade/service marks or logos without prior express, written permission. The Site may also include the product, service and company names, as well as logos, of third parties. Such third-party designations (a) are the trade/service marks of their respective owners; (b) may not be used without the prior written permission of their respective owners; and do not imply endorsements of any kind with respect to Deutsche Bank or any of Deutsche Bank’s products or services.
4. Grant of License. Deutsche Bank grants to you a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with this Agreement. Limited portions of the Content available on the Site may be accessed, printed and downloaded on an occasional basis for personal, non-commercial purposes; provided that all hard copies contain all copyright and other applicable proprietary rights notices included in such content and information. You may not use Content in any manner that suggests the endorsement or association of any third-party entity, person, product or service by Deutsche Bank unless express written permission has been given by Deutsche Bank in advance. You may not under any circumstances copy, print or download in any medium all or substantially all of the Content. Unless and except as otherwise expressly permitted by this Agreement, you may not access, copy, reproduce, modify, create derivative works of, alter, publicly distribute, republish, upload, post, transmit, publicly perform or display, license, transfer, sell, mirror, frame, “deep link,” “scrape,” data mine, or otherwise use any information or material obtained from or through this Site, without written permission from Deutsche Bank. You may not remove any copyright notices or other notices of intellectual property rights from the Site or any content available on or through the Site. Any unauthorized use of this Site or the Content will terminate the permission granted by this Agreement and may violate applicable laws, including copyright law, trademark laws, and commercial regulations and statutes.
5. Restrictions on Use. You will not use this Site for any purpose that is unlawful or prohibited by these Terms of Use, including but not limited to attempting or actually (a) disrupting, impairing or otherwise interfering with the operation or integrity of the Site or circumventing any Site security system; (b) collecting any information about other users of the Site; or (c) systematically extracting Content or other information or data contained in the Site to populate databases or other sites for internal or external use.
Further, you will not post, store, transmit or otherwise use the Site in connection with any materials that may constitute or be comprised of any material that is unlawful or prohibited by this Agreement, including but not limited to materials that (a) claim a relationship with or speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship (including but not limited to Deutsche Bank); (b) provide false or misleading personal information or email addresses, or impersonate any other person or entity; (c) harm minors in any way; (d) harass another person; (e) is unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another’s privacy, hateful, or ethnically, racially, or otherwise objectionable; (e) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any person, or (f) consists of unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, “junk mail,” “spam,” “chain letters,” or “pyramid schemes.”
6. Permission Requests. For information on obtaining permission to use any Content beyond the uses permitted by Paragraph 4 above, please contact (212) 250-5883.
7. Privacy Policy. Please see Deutsche Bank's Privacy Policy Notice for a summary of Deutsche Bank's personal data collection and use practices with respect to the Site. By using this Site, you consent to Deutsche Bank's collection and use of personal data as outlined in Deutsche Bank's Privacy Policy.
8. Assumption of Risk. While Deutsche Bank has tried to provide accurate and timely information, and has relied on sources we believe to be reliable, the Site may include inadvertent technical or factual inaccuracies. Decisions based on information contained on this Site are the sole responsibility of the user, and in exchange for using this Site, you agree to hold Deutsche Bank and its affiliates harmless against any claims for damages arising from any decision you make based on such information. Neither Deutsche Bank nor any of its affiliates, directors, officers or employees, nor any third party vendor, will be liable or have any responsibility for any loss or damage that you incur in the event of any failure or interruption of this Site, or resulting from the act or omission of any other party involved in making this Site or the data contained in it available, or from any other cause relating to your access to, inability to access, or use of the Site or these materials. Deutsche Bank shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using this Site.
9. Enforcing Security. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For your protection, Deutsche Bank reserves the right to view, monitor, and record activity on the Site without notice or further permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the Site. Deutsche Bank will also comply with all court orders involving requests for such information.
10. Links to Other Sites. Deutsche Bank may describe, reference, or provide links, in its sole discretion, to other information or products or sites on the World Wide Web for the convenience of its customers and visitors in locating related information and services. Deutsche Bank assumes no liability for the content of any linked sites, including, without limitation, the accuracy, subject matter, quality or timeliness of the content. Any descriptions of, references to, or links to other products, publications or services do not constitute an endorsement, authorization, sponsorship by or affiliation with Deutsche Bank with respect to any linked site or its sponsor, unless expressly stated by Deutsche Bank. Any such information, products or sites have not necessarily been reviewed by Deutsche Bank and are provided or maintained by third parties over which Deutsche Bank exercises no control. In addition, to the extent that they were reviewed by Deutsche Bank, Deutsche Bank undertakes no responsibility for continually monitoring such sites; the material at a site when Deutsche Bank viewed it may differ materially than when you do. Accordingly, Deutsche Bank expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party sites.
You may not create a hyperlink from your web site or any other Internet location to the Site unless you accept and comply with the following conditions:
- The link must be directed to our home page at www.dbfunds.db.com;
- The text of the link must read “www.dbfunds.db.com” you may not use any Deutsche Bank logo or graphic or any of Deutsche Bank’s affiliates’ trademark, as part of the link without Deutsche Bank’s separate express written consent;
- The link must not falsely represent or misrepresent any relationship between Deutsche Bank and the linking site including, but not limited to, suggestions of affiliation, endorsement or sponsorship;
- The link must not portray Deutsche Bank, or any of its affiliates, or any Deutsche Bank information in a false, misleading, derogatory or otherwise offensive manner;
- The link may not alter the layout, content or integrity of the Site; and
- Without limiting the foregoing, if you link to the Site, your site must look and feel sufficiently different or provide sufficient notice so that users will be aware that they have left your site.
As noted above, deep linking to internal pages of the Site is expressly prohibited.
11. Events Beyond Deutsche Bank’s Control. You expressly absolve and release Deutsche Bank, its affiliates, related companies, and all of their respective officers, directors, employees, shareholders, legal representatives, attorneys, agents, successors and assigns, from any claim of harm resulting from a cause beyond its control including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or software failures, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, acts of domestic or foreign terrorism or governmental restrictions.
12. DISCLAIMERS. DEUTSCHE BANK PROVIDES THIS SITE AND ALL OF ITS CONTENT ON AN “AS IS” BASIS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. DEUTSCHE BANK MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SITE OR ANY OF ITS CONTENT.
UNDER NO CIRCUMSTANCES WILL DEUTSCHE BANK BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR ACCESS OR USE OF THIS SITE OR THE CONTENT IT PROVIDES, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE MATERIALS, PRODUCTS, SERVICES OR INFORMATION, COST OF CAPITAL, AND THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF DEUTSCHE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
TO THE EXTENT PERMITTED BY LAW, DEUTSCHE BANK DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR ACCESS OR USE OF THE SITE AND ITS CONTENT.
13. Indemnity. You agree to indemnify and hold harmless Deutsche Bank, its affiliates, related companies, and all of their respective officers, directors, employees, shareholders, legal representatives, attorneys, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and court costs) arising out of any third-party claims based on or related to your use of this Site or any breach by you of these Terms of Use.
14. Submissions. Deutsche Bank welcomes your feedback and suggestions about how to improve this Site, as well as other submissions related to this Site and any products or services offered in connection with this Site. Any ideas, suggestions, information, know-how, material, or any other content (collectively, “Submissions”) provided to Deutsche Bank, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Deutsche Bank to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You expressly acknowledge and agree that you waive any claim to the contrary. Deutsche Bank may, but will not be obligated to use, and/or provide any author attributions related to, any Submissions. Deutsche Bank reserves the right to remove any Submissions you may submit.
You agree that the Submissions will not constitute or be comprised of any material that is unlawful or prohibited by this Agreement, including but not limited to materials that (a) claim a relationship with or speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship (including but not limited to Deutsche Bank); (b) provide false or misleading personal information or email addresses, or impersonate any other person or entity; (c) harm minors in any way; (d) harass another person; (e) is unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another’s privacy, hateful, or ethnically, racially, or otherwise objectionable; (e) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any person, or (f) consists of unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, “junk mail,” “spam,” “chain letters,” or “pyramid schemes.”
15. Governing Law and Forum. This policy shall be governed by the laws of New York, without regard to conflicts of law rules, and the exclusive jurisdiction and venue for any dispute shall be New York. You agree to submit to the jurisdiction of the state and federal courts in New York for the purposes of any judicial proceedings relating to or arising from this Agreement.
16. Suspension, Termination, Effect of Termination. Deutsche Bank reserves the right at any time and for any reason to deny you access to the Site or any portion thereof, and/or to terminate this Agreement. Your obligations, the warranties disclaimers, the indemnification and the limitation of liability provisions of this Agreement will survive any termination or expiration of this Agreement. Upon termination or expiration of this Agreement, you will immediately cease accessing/using the Site and/or the Content. You acknowledge that your failure to do so after such termination or expiration, and any misuse of the Site (or any of the Content) during the term of the Agreement will result in immediate and irreparable harm to Deutsche Bank for which there is no adequate remedy at law. Deutsche Bank will be entitled to bring an action or proceeding for specific performance, injunctive relief or other equitable relief in addition to any other remedies.
17. Waiver. Failure to insist on strict performance of any of the provisions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Deutsche Bank of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
18. Nature of Relationship/Severability. No joint venture, partnership, employment, agency or other relationship exists between you and Deutsche Bank as a result of this Agreement or your use of this Site. If any provision of this Agreement is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
19. Entire Agreement/Reservation of Rights. These Terms of Use and Deutsche Bank’s Privacy Policy represent the entire agreement between you and Deutsche Bank with respect to your access to or use of any material available on or through the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Deutsche Bank with respect to same. Any rights not expressly granted under this Agreement are reserved.
