BlueStar Indexes makes no express or implied warranties, and hereby expressly disclaims all warranties of merchantability or fitness for a particular purpose with respect to any of the BlueStar indexes or any data included therein. In no event shall BlueStar have any liability for any special, punitive, indirect, or consequential damages (including lost profits), even if notified of the possibility of such damages.

BlueStar Indexes makes no warranty, express or implied, as to the results to be obtained by any person or entity from the use of the index, trading based on the index, or any data included therein in connection with the trading of BlueStar index ETFs or for any other use. BlueStar Indexes and ISE and its affiliates make no warranties, express or implied, and hereby expressly disclaim all warranties of merchantability or fitness for a particular purpose or use with respect to the index or any data included therein.

The index information calculated and disseminated and any other data disseminated by BlueStar Indexes or any of its affiliates or agents is for informational purposes only and is not intended for trading purposes. As such, the index information and other information disseminated by BlueStar is provided on an “as is” basis. BlueStar makes no warranty, express or implied, relating to the index information or other information covered by this agreement, including, but not limited to, express or implied warranties of merchantability, fitness for a particular purpose or use, title or noninfringement. BlueStar Indexes does not warrant that the index information will be uninterrupted or error-free, that defects will be corrected, or that the index information is free of viruses or other harmful components. BlueStar Indexes does not warrant or represent the use of the index information in terms of its correctness, accuracy or reliability.