| User Agreement | ||||||||||||||||
| Agreement Information |
Below is the User Agreement for the Morningstar.com Web site. This is also where you will find posted updates to this Agreement in the future. |
|||||||||||||||
YOUR USE OF THIS MORNINGSTAR.COM WEB SITE AND ITS ENTIRE CONTENTS, INCLUDING BUT NOT LIMITED TO, THE TEXT, DATA, INFORMATION, MATERIALS, SOFTWARE, AND GRAPHICS CONTAINED OR PROVIDED THROUGH IT IN ANY FORM OR MEDIA AND ALL SERVICES THAT MAY BE PROVIDED IN CONJUNCTION WITH IT (ALL SUCH INFORMATION AND SERVICES, COLLECTIVELY, THE "WEB SITE") IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT ("AGREEMENT"). BY USING THE WEBSITE, REGISTERING WITH MORNINGSTAR.COM, EITHER AS A FREE OR A PREMIUM MEMBER OF THE WEBSITE OR ACCEPTING ANY RELATED SERVICES FROM MORNINGSTAR, INC (“MORNINGSTAR”), YOU AGREE THAT YOU: (1) HAVE READ AND UNDERSTAND, AND HAVE THE CAPACITY AND AUTHORITY TO ENTER INTO, THIS AGREEMENT; AND (2) ARE BOUND BY ALL OF ITS TERMS AND CONDITIONS.
Morningstar may change the terms and conditions of this Agreement at any time. A notification of such change(s), as well as the revised Agreement itself, will be posted in the Membership area of the Web Site. You will be responsible for regularly checking the Membership Area and for reviewing any changes to the Agreement. By using the Web Site after any such changes take place, you signify your acceptance of the change(s) and your agreement to be bound by them. Use of this Web Site You may download or print hard copies of pages or reports from the Web Site or portions thereof but only in connection with your own personal, noncommercial use and not on behalf of any third party. Any such downloads/hard copies must contain the following notice: " Copyright (c) 2007 Morningstar. All rights reserved." Except as expressly set forth in this Agreement, you may not modify, copy, distribute, disclose, retransmit, sell, publish, broadcast, or circulate this Web site,or any portion of it (including, but not limited to, any download or printed copies made from it) without Morningstar's prior written consent. Morningstar has the right, at any time without notice, to: (i) revoke or limit your license to use the Web Site (or any portion of it); and (ii) change or discontinue providing the Web Site (or any portion thereof). Morningstar has no obligation to update the Web Site or to correct any errors or omissions that might be contained in it. Ownership and Copyright Trademarks In order to access certain areas of the Website or to be able to receive certain additional content/materials, Morningstar may require you to become a registered user, and/or to become a Premium subscriber, and/or to pay certain usage, printing or other fees, and/or comply with other terms and conditions. In all such cases, this Agreement shall continue to govern your use of the Web Site. | ||||||||||||||||
|
Disclaimer of Warranties NEITHER MORNINGSTAR NOR ITS CONTENT PROVIDERS WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE WEB SITE. NEITHER MORNINGSTAR NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR INVESTMENT DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THIS WEB SITE PAST PERFORMANCE OF A MUTUAL FUND, STOCK, OR OTHER INVESTMENT VEHICLE DOES NOT GUARANTEE FUTURE PERFORMANCE. NEITHER MORNINGSTAR NOR ITS CONTENT PROVIDERS SHALL BE CONSIDERED AN "EXPERT" UNDER THE SECURITIES ACT OF 1933. NEITHER MORNINGSTAR NOR ITS CONTENT PROVIDERS WARRANT THAT THIS WEB SITE COMPLIES WITH THE REQUIREMENTS OF THE NASD OR ANY SIMILAR ORGANIZATION OR WITH THE SECURITIES LAWS OF ANY JURISDICTION Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply in all cases. Limitation of Liability THE AGGREGATE LIABILITY OF MORNINGSTAR AND ITS CONTENT PROVIDERS ARISING FROM OR RELATING TO THIS AGREEMENT, THE WEB SITE, AND THE USE OF, OR RELIANCE ON, THIS WEB SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES THAT CAN BE FINALLY PROVED IN A COURT OF COMPETENT JURISDICTION IN AN AMOUNT NOT TO EXCEED $1,000. NEITHER MORNINGSTAR NOR ITS CONTENT PROVIDERS SHALL BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE FOREGOING, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EVEN IF MORNINGSTAR OR ITS CONTENT PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply in all cases. Indemnification User Password Your password is for your personal use only, and you agree to keep it secret and not to share it with anyone (except as expressly allowed under this User Agreement). YOU ARE RESPONSIBLE FOR ALL USE, ACTIVITIES, AND CHARGES ASSOCIATED WITH OR ARISING FROM ANY USE OF YOUR PASSWORD, REGARDLESS OF WHETHER YOU AUTHORIZED SUCH USE. YOU MUST PROMPTLY NOTIFY MORNINGSTAR (USING THE TOLL-FREE NUMBER OR E-MAIL ADDRESS LISTED BELOW UNDER "CUSTOMER SERVICE AND PRODUCT SUPPORT") OF ANY UNAUTHORIZED USE OF YOUR PASSWORD. Third-Party Web Sites, Links, and Information Stock Quotes Option Quotes Privacy and Information Made Available by You Use of Discuss Area Morningstar does not, and cannot, review all of the information and materials provided in the Discuss area and has no responsibility or liability for any such information or materials or their use. If Morningstar becomes aware of any information or materials that it determines violate the terms of this Agreement or the Discuss area policies promulgated by Morningstar from time to time or that Morningstar otherwise deems inappropriate in its sole discretion, Morningstar reserves the right to delete, move, or edit any such information or materials. To the extent that you use the Discuss area, you covenant that you will: (i) comply with the Discuss area policies promulgated by Morningstar; (ii) be solely responsible for your use of the Discuss area and any messages, information, and materials provided by you or through another user making use of your password; (iii) not advertise or offer to sell goods or services of any kind on any Discuss area; and (iv) not upload, post, publish, or transmit any messages, information, or materials that (a) restrict or inhibit any other user from accessing, using or enjoying the Web Site, (b) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, (c) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law, (d) violate or infringe the rights of Morningstar or any third party (including but not limited to copyrights, trademarks, patents, trade secrets, and rights of privacy and publicity), (e) constitute or contain false or misleading indications of origin or statements of fact, (f) contain software or any other commercial materials or information, or (g) contain any viruses or other harmful component. By uploading, posting, publishing, or transmitting any messages, information, or materials in connection with the Discuss area, you hereby grant to Morningstar and its affiliates a royalty-free, worldwide, perpetual, transferable, irrevocable, nonexclusive license (with the right to sublicense) to use, copy, modify, display, publicly perform, distribute, reproduce, and create derivative works of the foregoing in any form, media, software, or technology of any kind now existing or developed in the future. Governing Law and Jurisdiction Entire Agreement Severability Premium User Provisions Subscription and Service You may be offered a free trial subscription to the Premium Service, beginning on the date on which Morningstar accepts your registration. If you don't terminate during this trial period, the initial term of your regular paid Premium Service subscription will start immediately after the free trial period ends, and will continue for the length of time that you selected when you registered. If you have taken a Premium Membership trial in the past 24 months, you will not receive a free trial and your credit card will be charged immediately for the subscription fee associated with the term you select. You understand that, unless you notify us that you wish to terminate your subscription before the end of your then-current subscription term, your subscription will continue to automatically renew for successive terms of the same duration and your credit card will be charged for each such renewal at the subscription fee in effect at the time of that renewal. In those instances where you took advantage of a special or introductory offer to become a Premium Member, your subscription will automatically renew to the term specified in the offer and your credit card will be charged the subscription fee in effect at the time of that renewal. The term "subscription term" shall refer to the term of your subscription then in effect, regardless of whether it is the initial term or any renewal of that term. MORNINGSTAR RESERVES THE RIGHT TO CHANGE THE PREMIUM SERVICE AT ANY TIME WITHOUT NOTICE (INCLUDING BUT NOT LIMITED TO ADDING OR REMOVING FEATURES). IF YOU ARE DISSATISFIED WITH ANY SUCH CHANGES, OR IF YOU ARE OTHERWISE DISSATISFIED WITH THE PREMIUM SERVICE (INCLUDING BUT NOT LIMITED TO ITS PERFORMANCE OR AVAILABILITY), YOUR ONLY REMEDY WILL BE TO CANCEL YOUR SUBSCRIPTION, AS SET FORTH BELOW. Your subscription is personal to you, and you may not transfer or share your subscription with any other person (including but not limited to your coworkers) other than immediate family members living in the same household, provided that: (i) such family members have read and agree to be bound by the terms and conditions of this Premium membership Agreement; (ii) your subscription is not simultaneously used by more than one person at any given time; and (iii) you agree to be responsible for any use of your subscription by those other family members. Printable Reports
In the event that you exceed your maximum allocation during the applicable time period, you will be charged a fee for each separate Printable Report that you download in excess of the number allowed. Prior to downloading each such Printable Report, you will be notified of the associated fee, and, if you choose to proceed with the download, you will be charged that fee. Printable Reports that qualify for the above allocations currently consist of:
Printable Reports not specified above are subject to a fee for each download regardless of the number of "free" downloads you have remaining with your current Premium membership. You will be notified of any such fee prior to your downloading that Printable Report and will only be charged when you actually download it. Hedge Fund Data Charges and Billing Practices
Morningstar reserves the right to change the fees it charges for products, services or features (collectively, "Products") offered in connection with the Premium Service and/or the Web Site at any time. These sorts of changes include, but are not limited to, adding fees for new/optional Products and/or modifying fees for existing Products. By using any of the Products, with which there are associated fees, you agree to pay those fees. If you do not want to pay these associated fees, you must cancel your subscription, as set forth below. Subscription fees and all others fees and charges associated with your subscription (including, but not limited to, any applicable federal, state, and local taxes) will be billed automatically to the credit card you provide when registering for the Premium Service ("your credit card"). If your credit card is a VISA or MasterCard and the number or expiration date for your credit card changes for any reason (for instance, you get a new number because your old card expired, was stolen, etc.), that updated information may be automatically passed on from your credit card issuer to Morningstar, and if we do receive such information, it will be treated by Morningstar as if it were originally furnished by you. To learn more about this service being provided by your credit card issuer, please contact them directly. You must promptly notify Morningstar (as set forth below) if any information related to your credit card changes or is no longer valid or of any other change to the information you provided Morningstar regarding your credit card (including, but not limited to, changes to your billing address or other pertinent contact information). Absent such notification, Morningstar will assume that all of the information related to your credit card remains valid and will submit to the card processor all information that it requires for approval, both when you initially subscribe and, if applicable, upon the commencement of any renewal of that subscription. If any subscription fees or other charges billed to your credit card are declined for any reason, Morningstar shall have the right to suspend your subscription until such subscription fees or other charges are paid in full. You agree to pay all costs (including attorneys' fees) incurred by Morningstar in collecting any unpaid subscription fees or other charges from you. Cancellation If you cancel your subscription during your free trial period, you will not be responsible for the payment of a subscription fee. However, except as otherwise provided herein, if you cancel your subscription at any time after your trial period expires, your membership will continue in effect until the monthly anniversary of the effective date of your paid subscription and then terminate on that date. (For example, if your paid subscription start date is on January 1 and you cancel on June 15, your membership continues until July 1, at which time it ends.) For Annual Members, any remaining charges will be refunded, prorated on a monthly basis, to your credit card after your membership is terminated. Morningstar may immediately cancel your subscription, without notice or liability, if it determines in its sole discretion that: (i) you have breached any portion of this User Agreement; or (ii) your use of or access to the Premium Service or the Web Site violates any applicable law or regulation or otherwise inhibits any other subscriber from using or accessing the Premium Service or any other service offered by Morningstar on the Web Site. None of the foregoing limits any other legal, equitable, or contractual rights available to Morningstar. Morningstar may, in its sole discretion, choose not to renew your subscription by sending a notice of non-renewal at any time during your subscription term to the e-mail address you provided when completing your registration. You will be deemed to have received this notice, whether or not you saw it or the e-mail address provided by you continues to be valid. In the event of such a notice, your subscription will cease and will not automatically renew at the end of your then-current subscription term. Dow Jones Customer Service and Product Support For technical and product support related to your Premium Service subscription, contact Morningstar via e-mail only at the Premium Member address provided in the Premium Membership Services area. |
||||||||||||||||