Terms of Use

Welcome to wShares.com (the “Site”). This is an informational Site offered by Wilshire Phoenix Funds LLC, a Delaware limited liability company, and its affiliates, the sponsor to one or more pooled investment vehicles (each a “fund”, and collectively with the sponsor “Wilshire Phoenix”). Please read these terms of use (“Terms”) carefully before accessing the Site. In these Terms, unless otherwise stated or the context requires otherwise, “we”, “our”, and “us” refers to Wilshire Phoenix, and “you” refers to you and any entity you may represent in connection with the use of our Site.

By accessing the Site, and using any features we may offer in the future from time to time, you acknowledge that you have read and agree to be bound by these Terms. These Terms are subject to change without notice in our sole discretion. You also agree to be bound by all related technical specifications, security procedures, rules of access, and any other terms and conditions set forth by us from time to time as posted in these Terms or through a link on the Site, or through other means that we publish to you through the Site. You also agree to be bound by the terms of our Privacy Policy and Social Media Policy, which are published on the Site.

1. No investment advice.

The content on the Site, including but not limited to any indicators, strategies, reports, articles and other features (collectively, the “information”), is provided for informational and educational purposes only. Neither the information, nor any opinion or forward-looking statement contained in the Site constitutes a solicitation, recommendation, endorsement or offer by Wilshire Phoenix to buy or sell any securities, futures, options or other financial instruments or provide any investment advice or service.

The information may contain technical, typographical or photographic errors, and Wilshire Phoenix does not guarantee or warrant that any of the information on this Site is accurate, complete, or current. The views expressed through the Site were prepared by Wilshire Phoenix based upon the information available at the time such views were written. We may make changes to the information contained on our Site at any time without notice. We do not, however, make any commitment to update the information. Changed or additional information could cause such views to change. You are solely responsible for evaluating the information, risks and disclosures contained in the Site and in these Terms, and any decisions based on such information are made at your own risk.

Before investing in the Wilshire wShares Enhanced Gold Trust (the “Trust”) or any fund sponsored by Wilshire Phoenix, carefully consider the risks, uncertainties, investment objectives, expenses and other information contained in the Trust’s or fund’s prospectus. If you wish to obtain more information about the Site or receive a copy of the Trust’s or fund’s prospectus, you can visit the Site (wShares.com) or contact us by emailing info@wilshirephoenix.com or calling (917) 671-9097.

2. Our Proprietary Materials.

features or services that we may offer in the future. All Site content and functionality, and all underlying software, may be changed or updated by us from time to time, without notice.

All information and materials contained on the Site may be subject to copyright and/or trademark protection laws and are provided solely for your personal non-commercial or internal business use. All content and tools on the Site are owned by Wilshire Phoenix, except content clearly identified with other persons, which is the property of their respective owners. All trademarks, service marks, and trade names displayed on the Site are proprietary to Wilshire Phoenix, except those clearly identified with other persons, which are the property of their respective owners. You agree not to copy, alter, reverse engineer, distribute, publish, sell, prepare derivative works based on, or commercially exploit the software, any future services and/or any content. The use or misuse of any copyrighted material, trademarks or any other materials on the Site, except as permitted herein, is expressly prohibited and may be in violation of law.

In using the Site, we grant you a limited, non-exclusive, non-transferable, and terminable at will by us, license to view and access the materials and information we post to the Site. Except as expressly permitted in writing by us, you may not alter, copy, distribute (for compensation or otherwise), display, reproduce, publish, license, hyperlink to, promote, download, cache, create derivative works from, transfer, or sell any information or content displayed on or obtained from the Site, including any text, logo, graphic, sound, image, photograph, software or software code published on or underlying the Site, in any manner.

We retain all rights, titles, and interests in the Site and in any materials, content or information offered on the Site, including all intellectual property rights under Section [2] of these Terms. We reserve all rights not expressly granted. Your breach of any of your agreements set forth in Section [5] or elsewhere in these Terms shall operate to terminate any and all licenses to use our Site and the material posted on it, and we may terminate without further notice your ability to use our Site. Termination will not affect your responsibility to indemnify us as provided below.

4. Jurisdiction and controlling law.

The Terms shall be construed in accordance with the substantive laws of the State of New York, United States of America, without regard to conflicts of laws principles thereof. You hereby consent to the non-exclusive jurisdiction of a state or federal court situated in New York in connection with any dispute arising hereunder. If any provision is found by a court of competent jurisdiction to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions.

The services and products described and information provided through the Site are directed to and are intended to be made available only to persons in the United States and are not intended for distribution to, or use by, any person in any other country or any jurisdiction where such distribution or use would be contrary to law or regulation or that would subject Wilshire Phoenix or any of its affiliates to any registration requirement within such jurisdiction or country. Persons who access the Site do so on their own initiative, and are responsible for compliance with applicable local laws or regulations

5. Your agreements.

By using the Site, in addition to your other agreements contained elsewhere in these Terms, you represent and agree as follows:

You are at least 18 years old;
Your use of the Site will not violate any applicable laws or regulations;
You will not use the Site in such a way so as to interfere with or disrupt the Site or our servers, systems or networks connected to the Site, including but not limited to the prohibitions contained in these Terms, in any way;
You will not introduce viruses or any other computer code, files, programs or content designed to interrupt, destroy or limit the functionality of the Site or affect other users;
You will not attempt to decompile or reverse engineer any software contained on the Site; and
You will not use the Site for your commercial purposes or sell, transfer or transmit any content or materials that we make available to you on or through the Site to any third parties for commercial purposes.

6. Third Party Content.

The Site may provide links to other websites that are not affiliated with Wilshire Phoenix (each, a “Linked Site”) as a convenience to you, or you may have accessed the Site through the sites of other unaffiliated third parties or electronic service providers who have links to any pages of the Site. Examples of these may include news articles, tips, blogs, and the like. Wilshire does not control or maintain these Linked Sites or services, and Wilshire Phoenix makes no representations or endorsements whatsoever concerning Linked Sites or services. We will not be responsible for the content, services, policies or activities of those Linked Sites. The fact that Wilshire Phoenix has provided a link to a Linked Site is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Site, its owners or its providers. There are risks in using any information, software, service or product found on the Internet, and Wilshire Phoenix cautions you to make sure that you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet.

You agree that under no circumstances will you hold Wilshire Phoenix liable for any loss or damage caused by use of or reliance on any content, goods or services available on any Linked Sites. Any dealings that you have with advertisers or other third-parties who may be found on any Linked Site are between you and the third party. You further understand and acknowledge that you are subject to the terms and the privacy policy of any such Linked Site.

Any third party website that you give permission to appear on your browser may use a hyperlink to this Site from its website. We are not responsible for the information or materials contained on websites linking to this Site. Links to this Site are provided for convenience of reference only and are not intended as an endorsement by us or a warranty of any type regarding the host website or the information on the host website.

7. Warranty and Legal Disclaimers.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. ALL CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WILSHIRE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WILSHIRE MAKES NO WARRANTY THAT (i) THE SITE IS UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE; (ii) THE USE OF THE SITE WILL BE RELIABLE; AND (iii) ANY ERRORS IN THE SITE ARE OR WILL BE CORRECTED.

8. Limitation of Liability.

IN NO EVENT SHALL WILSHIRE PHOENIX, ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, AND ADVISORS, THE TRUST, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITE (COLLECTIVELY “WILSHIRE PHOENIX AND ITS AFFILIATES”) BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES OR LOSS OF PRODUCTS, USE OF DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF ANY OF THE SITE OR ANY LINKED SITE (AS DEFINED IN THESE TERMS), OR INABILITY TO USE THE SITE OR ANY FUTURE SERVICES. YOU UNDERSTAND AND AGREE THAT WILSHIRE PHOENIX AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER, AND THAT WILSHIRE PHOENIX AND ITS AFFILIATES WILL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE SITE, EVEN IF THERE IS NEGLIGENCE BY WILSHIRE PHOENIX AND ITS AFFILIATES, OR YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.

9. Miscellaneous.

A. Indemnification – You agree to defend, indemnify and hold Wilshire Phoenix harmless from and against any and all loss, liability, claims, causes, actions, damages or penalties, including reasonable attorneys’ fees, made by any third party due to or arising out of: (1) your use of the Site in breach or violation of any term of these Terms; (2) your violation of any law or regulation; or (3) breach of your representations, warranties and agreements as set forth above.

B. International Use – The Site is controlled and operated from within the United States. We make no representation that the Site is appropriate or available in locations outside the United States. Anyone choosing to access the Site from other locations is responsible for compliance with applicable laws of their home jurisdiction. International visitors must comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence.

C. Assignment – We may assign any of our rights or obligations under these Terms to another party without notice or consent for any reason. These Terms are binding upon the parties’ respective successors and assigns.

D. Contact Wilshire Phoenix – If you have any questions about the Site or these Terms, you may contact us via e-mail at info@www.wilshirephoenix.com. We are always glad to hear your questions and comments.

E. Entire Agreement – These Terms, [the Privacy Policy and Social Media Policy], and any other terms and conditions set forth by us from time to time as posted on the Site or through other means that we publish to you, constitute the entire agreement between us and you in connection with your use of the Site, and supersedes any prior agreements between us and you regarding such matters, including prior versions of these Terms. We may update these Terms from time to time by posting revised versions of them on the Site, without notice to you except that the effective date at the end of these Terms will change and your subsequent use of the Site will be governed by the new Terms, and will constitute your acceptance of the changed Terms.

F. Special Legal Notices:

i. Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code – We respond to notices of alleged copyright infringement as required by the United States Digital Millennium Copyright Act (“DMCA”), as it may be amended from time to time. We accommodate and do not interfere with standard technical measures used by copyright owners to identify and protect copyrighted works, including but not limited to, digital watermarking. Upon receiving proper notification of an alleged infringement by a Site user, we will expeditiously take down or block access to the copyrighted material. Wilshire Phoenix’s Copyright Agent for Notice of claims of copyright infringement on the Site can be reached as follows:

By mail:

By telephone:

917-671-9097

By email:

info@wilshirephoenix.com

ii. Authorization to Contact You – We may contact you at the telephone numbers or email addresses that we have in our records for any reason, including:

1. For reasons relating to your use of our Site or as authorized by applicable law.

2. To contact you for marketing, promotional, or other reasons that you have either previously consented to or that you consent to in the future.

These Terms were last updated on January 25, 2021.