Alpha Financial Technologies

TERMS OF USE

ON-LINE ACCESS AND TERMS OF USE AGREEMENT

1. INTRODUCTION
Welcome to www.aftllc.com. By accessing this website (the “Site”), you agree that your access to and use of this Site, including any Content (as defined below) provided by Alpha Financial Technologies, LLC, (“AFT”), shall be exclusively governed by the terms and conditions set forth in this On-Line Access and Terms of Use Agreement (the “Agreement”). You should read the terms and conditions of this Agreement carefully. Do not access this Site unless the terms and conditions are acceptable to you. AFT may refuse access to and usage of this Site to anyone at any time, in its sole discretion. AFT reserves the right to modify or discontinue this Site without notice, or change the terms and conditions governing your access to and use of this Site, at any time.

2. PURPOSE OF THIS SITE
This Site is intended to provide an introduction to AFT and certain of AFT’s financial products (the “Products”); however it does not purport to provide complete details on such Products. This Site is for information purposes only, and should not be construed as investment, legal or tax advice. AFT does not provide any form of investment advice and receives no compensation from any client or clients in such regard. Rather, AFT solely receives a license fee from licensees of its Products. None of the information or material on this website is intended, or should be used, as any form of advice or recommendation. In particular, AFT does not direct client accounts or provide commodity trading advice based on or tailored to the commodity interests or cash markets or other circumstances of a particular client. Prospective licensees of AFT’s Products or investors in products based on AFT’s Products are urged to consult with their own advisers regarding an investment therein.

AFT makes no representations that materials on this Site are appropriate for use in all locations. Those who access this site do so on their own initiative, and are responsible for compliance with applicable local laws or regulations.

This Site is not directed at or intended for distribution to or used by, any person or entity who is a citizen or resident of or located in any jurisdiction where such distribution, publication, availability or use would be contrary to applicable law or regulation or which would subject AFT to any registration or licensing requirement within such jurisdiction. If you are such a person you are not authorized to enter this Site.

Neither this Site nor any information contained on this Site constitutes an offer to sell (nor the solicitation of an offer to buy) any security. Any such offer may only be made by the offering memorandum and/or other disclosure document prepared by the issuer or sponsor of each such security, which contains important disclosures and risk factors and which all investors must receive in conjunction with the offering thereof. Prospective licensees of a Product or investors in a product based on an AFT Product shall solely rely upon such disclosure document in making an investment decision and not on the other information contained on this Site.

While AFT uses reasonable efforts to obtain information from reliable sources and in calculation of the data herein, AFT makes no representations or warranties as to the accuracy, reliability or completeness of any information or document on this Site. AFT ACCEPTS NO RESPONSIBILITY FOR, AND SHALL HAVE NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE STATISTICAL INFORMATION THAT IS CONTAINED ON THIS SITE. IN NO EVENT SHALL AFT BE LIABLE TO ANY PERSON OR ENTITY (UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY) FOR ANY LOSS, LIABILITY OR OTHER DAMAGE, DIRECT OR INDIRECT, ARISING OUT OF OR RELATING TO THE INNACURACY OR INCOMPLETENESS IN, ERRORS OR OMISSION IN THE DELIVERY OF, THE STATISTICAL INFORMATION ON THIS SITE. The statistical information is based on data compiled by AFT. Unless otherwise indicated, AFT derived all other data from Bloomberg, Standard & Poor’s, Ibbotson Associates or Ryan Labs, respected third-party research companies. The information provided by such entities is subject to adjustment, which may require AFT to make adjustments to the information provided on this Site. In addition, rounding differences between the various computer programs utilized in computing the data on this Site, may result in minor inaccuracies in the data presented. Opinions and any other contents on this Site are subject to change without notice. AFT is not utilizing this Site to provide investment or other advice to you or any other party, and no information or material on this Site is to be relied upon for the purpose of making or communicating investment or other decisions.

All materials on this Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures and any copyright or proprietary notices. Any disclaimers, restrictions, disclosure or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.

Bloomberg Finance L.P. and its affiliates are not affiliated with AFT and do not approve, endorse, review or recommend AFT or its affiliates. The values of the DTI®, CTI® and FTI™ are derived from sources deemed reliable, but Bloomberg Finance L.P., its affiliates and its and their respective suppliers do not guarantee the correctness or completeness of the DTI®, CTI® and FTI™, its values or other information furnished in connection with the DTI®, CTI® and FTI™. Bloomberg Finance L.P. and its affiliates make no warranty, express or implied, as to results to be obtained by AFT, AFT’s customers, or any other person or entity from the use of the DTI®, CTI® and FTI™ or any data or values included therein or in connection therewith. Bloomberg Finance L.P. and its affiliates make no express or implied warranties, and expressly disclaim all warranties of merchantability or fitness for a particular purpose with respect to the DTI®, CTI® and FTI™ or any data or values included therein or in connection therewith.

Bloomberg Finance L.P., its affiliates and its and their respective partners, employees, subcontractors, agents, suppliers and vendors shall have no liability or responsibility, contingent or otherwise, for any injury or damages, whether caused by the negligence of Bloomberg Finance L.P., its affiliates or its or their respective partners, employees, subcontractors, agents, suppliers or vendors or otherwise, arising in connection with the DTI®, CTI® and FTI™ or any data or values included therein or in connection therewith and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages. Bloomberg Finance L.P., its affiliates and its and their respective partners, employees, subcontractors, agents, suppliers and vendors shall not be responsible for or have any liability for any injuries or damages caused by errors, inaccuracies, omissions or any other failure in, or delays or interruptions of, the DTI®, CTI® and FTI™ or any data or values included therein or in connection therewith, from whatever cause. Bloomberg Finance L.P., its affiliates and its and their respective partners, employees, subcontractors, agents, suppliers and vendors are not responsible for the selection of or use of the DTI®, CTI® and FTI™ or any data or values included therein or in connection therewith, the accuracy and adequacy of the DTI®, CTI® and FTI™ or any data or values included therein or in connection therewith or information used by AFT and the resultant output thereof.

3. SUMMARY OF RISK FACTORS
Investors can not invest directly in an index such as the Product(s). An investment in a product seeking to replicate the Product(s) is speculative, involves a substantial degree of risk, and should not constitute an investor’s entire portfolio. Investors could lose all or substantially all of their investment therein. Some or all alternative investment programs may not be suitable for certain investors. No assurances can be made that the Product(s) will achieve their investment objectives or that losses will be avoided. The longer-term an investment the greater the likelihood that the performance potential suggested may be realized. Over the short-term, on the other hand, there is a much greater possibility that the Product(s) may decline substantially causing significant losses. Among the risks associated with the Product(s) are the following: In contrast to traditional “all long” indexes, the Product(s) do not always maintain long positions and may not profit from the cyclical nature of the futures included therein. • The Product(s) are not a proxy for “all long” commodities indexes. • The Product(s) are vulnerable to “whipsaw” markets in which market movements may cause the bulk of their components to be positioned in a certain direction (e.g. long, short or no exposure, as the case may be) and then a sudden reversal of prior price trends occurs, causing losses. • The complexity of the different factors which contribute to the results of the Product(s). • The Product(s) could decline in a wide range of different market scenarios, including ones in which other similar products (both all long and long/short) rise substantially. • The Product(s) are based on futures, not cash market prices; those prices may differ materially in general as well as for specific commodities. • Replication of the Product(s) involve execution costs and position slippage which can be substantial, and may be affected by, among other things, disruption caused by futures market closures and/or trading price or volume limitations imposed by one or more futures markets. • Furthermore, any factors which contribute to trendless markets (a lack of sustained directional trends in many markets) have been, and are likely to be, adverse to the Product(s). Generally speaking, “trendless” markets (and accompanying “whipsaws”) are more likely to occur during economic environments of very low, static or declining GDP despite very low interest rates, accompanied by low inflation. The length of time for which such market conditions have persisted -- for most of 2009 and 2010 – is unique in the United States in the last 50 years. No representation is being made that a Product will or is likely to achieve performance consistent with or similar to that set forth in this communication. Similarly, no representation is being made that any product seeking to replicate the Product(s) will generate profits or losses similar to the historically performance of the Product(s). There are numerous factors related to the markets in general and to the implementation of any product seeking to replicate the Product(s) which cannot be, and have not been, accounted for in the preparation of the information on the Product(s) set forth in this communication, all of which can adversely affect actual performance results for any product seeking to replicate the Product(s).

Replication of the FXTI® may involve forward currency contracts which, unlike futures contracts, are traded off-exchange and therefore are subject to, among other things, counterparty risk, “bid-ask” spreads which may vary widely and the risk of periods of illiquidity.

4. CONFIDENTIALITY, INTELLECTUAL PROPERTY RIGHTS
This Site is owned, maintained and published by AFT. Copyright © 2011. The content of the Site is the property of AFT and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos in this website and within the content are proprietary to AFT and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the “Marks”) in this communication may be registered or unregistered marks of AFT. Nothing contained in this Site should be construed as granting any license or right to use any of the Marks in this Site without the express written permission of AFT. Illegal or unauthorized use of the Marks or any other content included in this website is strictly prohibited.

Unless information contained on this Site is otherwise public information, all content contained on this Site is considered to be confidential information (including the Site’s features, functions, options, tools, capabilities, format and layout, etc.). You agree not to copy, republish or redistribute any of the Site content or disclose the same to any third parties unless and only (a) to your officers, employees and professional advisors, (b) to the extent AFT has given you written permission to do so, or (c) as required by law or regulation or request from a regulatory authority.

Users shall not use this Site at any time for any purpose that is unlawful or prohibited and shall comply with any applicable local, state, national, or international laws or regulations when using this Site. In no event will AFT, or its affiliates or employees have any liability in connection with the use by any person of the information or data presented on this Site.

5. OTHER DISCLAIMERS AND LIMITATION OF LIABILITY
This Site is operated by AFT on an “AS IS,” “AS AVAILABLE” basis, without representations or warranties of any kind. AFT DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, AFT does not represent or warrant that the content on this Site is accurate, reliable, complete or current or that this Site will operate without interruption or error. AFT makes reasonable efforts to avoid technological problems, but at any time this Site may have and may cause problems, such as viruses or other harmful components.

Under no circumstances, shall AFT and its affiliates or any of their employees, directors, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use this Site. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether by statute, law or in contract, negligence or other tortuous action, even if an authorized representative of AFT or its affiliates has been advised or should have known of the possibility of such damages. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. In no event shall the total liability of AFT or any of its affiliates for any and all damages and causes of action exceed the amount paid by you, if any, for the use of this Site.

6. NO ENDORSEMENTS
References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by AFT of the third party, its website or any of its policies, activities, products or services. AFT and its affiliates do not endorse or make any warranties or representations about any site you may access through this Site. Any links to other sites are provided for convenience only. If you access any third party web site through this Site or otherwise, you do so at your own risk.
If this Site links to a third party site that references AFT, its affiliates or any investment product seeking to replicate a Product, please note that the link is provided for your convenience only, and should not be construed as investment, legal or tax advice. Prospective investors are urged to consult with their own advisers regarding any investment product seeking to replicate an AFT product. The links do not constitute an offer to sell (nor the solicitation of an offer to buy) the securities of any investment product. Any such offer may only be made by the prospectus or similar offering document prepared by the issuer of any investment product, which contains important disclosures and risk factors.

7. MONITORING THIS SITE
AFT reserves the right to monitor and record activity on this Site at its sole discretion, and may report any activity that it suspects may violate any law or regulation as it deems appropriate.

8. LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, U.S.A., excluding its conflicts of law principles.