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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 THEREIN) (COLLECTIVELY,
"WEB SITE") AND THE SERVICES OFFERED BY MORNINGSTAR,
INC., ("MORNINGSTAR"), HEREUNDER IS SUBJECT TO THE
TERMS AND CONDITIONS OF THIS FREE MEMBERSHIP AGREEMENT
("AGREEMENT"). BY USING THE WEB SITE OR CLICKING ON
THE "I ACCEPT" BUTTON ABOVE: (1) YOU REPRESENT THAT
YOU HAVE READ AND UNDERSTAND, AND HAVE THE CAPACITY
AND AUTHORITY TO ENTER INTO, THIS FREE MEMBERSHIP
AGREEMENT; AND (2) YOU AGREE TO BE BOUND BY ALL OF
THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Morningstar may change the terms and conditions of
this Agreement at any time. You will find notification
of any such changes in the Membership area of the Web
Site. You will be responsible for regularly checking
this area and for reviewing any such changes. In addition,
the current Agreement can always be found in the Membership
area of the Web Site. By using the Web Site after any such
changes take place, you agree to be bound by the Agreement
as changed.
Ownership and Copyright
You acknowledge and agree that this Web Site and the
information contained in it are owned by Morningstar
and/or its third party content providers ("Content
Providers") and is protected by U.S. and international
copyright and other intellectual property laws. You
further acknowledge and agree that the Web Site contains
confidential and proprietary data and information of
Morningstar and its Content Providers, that you will not
use these data or information for any unlawful or
unauthorized purpose, and that you will use reasonable
efforts to keep such data and information confidential.
Trademarks
MORNINGSTAR, MORNINGSTAR.COM, and the MORNINGSTAR &
DESIGN logo are service marks of Morningstar. Morningstar's
star ratings and style boxes are trademarks of Morningstar.
You will not use or allow any third party to use any of
Morningstar's marks, including but not limited to the
foregoing, without Morningstar's prior express written
consent. All marks not owned by Morningstar are the property
of their respective owners.
Use of this Web Site
You may use this Web Site only for your personal, noncommercial
use. You may download or print hard copies of this Web Site,
or portions thereof, only in connection with such personal,
noncommercial use, provided that such downloads and hard copies
contain the following notice:
"Copyright c 2001 Morningstar, Inc. All rights reserved."
You may not use or print hard copies of the Web Site for any use
other than your personal, noncommercial use. 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 thereof without Morningstar's prior written consent.
Morningstar shall have the right, at any time without notice, to:
(i) restrict or prevent your access to the Web Site (or any portion
thereof); or (ii) change or discontinue providing the Web Site (or
any portion thereof). Morningstar shall have no obligation to update
the Web Site or to correct any errors or omissions in it.
Morningstar may require you to become a registered user, pay certain
fees, and/or comply with certain other terms and conditions before you
are allowed to access or use certain portions of the Web Site. In all
such cases, this Agreement shall continue to govern your use of the Web Site.
Disclaimer of Warranties
THIS WEB SITE IS PROVIDED "AS IS" WITH ALL FAULTS. MORNINGSTAR AND ITS
CONTENT PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THIS
WEB SITE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OWNERSHIP, NONINFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, AND
ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE.
NEITHER MORNINGSTAR NOR ITS CONTENT PROVIDERS WARRANT THE ACCURACY,
CORRECTNESS, COMPLETENESS, OR TIMELINESS OF THIS 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 OR
THE INFORMATION CONTAINED THEREIN.
PAST PERFORMANCE OF A MUTUAL FUND, STOCK, OR OTHER INVESTMENT VEHICLE
DOES NOT GUARANTEE FUTURE PERFORMANCE. MORNINGSTAR SHALL NOT BE CONSIDERED
AN "EXPERT" UNDER THE SECURITIES ACT OF 1933. MORNINGSTAR DOES NOT WARRANT
THAT THIS WEB SITE COMPLIES WITH THE SECURITIES LAWS OF ANY JURISDICTION OR
WITH THE REQUIREMENTS OF THE NASD.
Some jurisdictions do not allow the exclusion or limitation of implied
warranties, so the above exclusions or limitations may not apply.
Limitation of Liability
NEITHER MORNINGSTAR NOR ITS CONTENT PROVIDERS SHALL BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT, THE WEB
SITE, OR THE USE OF, OR RELIANCE ON, THE WEB SITE, WHETHER IN CONTRACT
OR TORT OR OTHERWISE, EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY
FROM A WILLFUL BREACH BY MORNINGSTAR OF ANY OF ITS EXPRESS OBLIGATIONS
UNDER THIS AGREEMENT.
MORNINGSTAR'S AND ITS CONTENT PROVIDERS' AGGREGATE LIABILITY ARISING FROM
OR RELATING TO THIS AGREEMENT, THE WEB SITE, OR 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 PROVED UP TO 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.
Indemnification
You agree to indemnify, defend, and hold harmless Morningstar and its affiliates
from and against any and all claims, liabilities, losses, costs (including, but
not limited to, reasonable attorneys' fees), and/or damages of any kind arising
from or relating to: (i) your use of the Web Site; (ii) your breach of this
Agreement; or (iii) any messages, information, or materials uploaded, posted,
published, or transmitted by you in connection with the Forums (as defined below).
Third-Party Web Sites, Links, and Information
This Web Site may contain information, products, and services provided by third
parties and links (including advertisements) to Web sites made available by third
parties. This information and these products, services, and links are provided only
as a convenience to users of this Web Site. Morningstar does not control this
information or these products, services, or Web sites, and Morningstar does not make
any representations or warranties, express or implied, regarding this information or
these products, services, or Web sites. Inclusion of any of the foregoing in this Web
Site does not constitute or imply an endorsement, authorization, sponsorship, or
affiliation by or with Morningstar with respect to any third party, any third party's
Web site or its content, or any information, products, or services provided by a third
party.
Stock Quotes
Stock
quotes are supplied by S&P ComStock. Stock quotes are delayed between 15 and 60 minutes.
Stock quotes are believed to be accurate, but neither Morningstar nor its Content
Providers warrant or guarantee such accuracy. Morningstar advises that you should
always confirm the price with a broker or other party executing your purchase or
redemption of a stock, mutual fund, or other investment.
"THE STOCK EXCHANGE OF HONG KONG LIMITED ENDEAVORS TO ENSURE THE ACCURACY AND RELIABILITY
OF THE INFORMATION PROVIDED BUT DOES NOT GUARANTEE ITS ACCURACY OR RELIABILITY AND ACCEPTS NO
LIABILITY (WHETHER IN TORT OR CONTRACT OR OTHERWISE) FOR ANY LOSS OR DAMAGE ARISING FROM ANY
INACCURACIES OR OMISSIONS"
Privacy and Information Made Available by You
Morningstar shall have the right to use and disclose any information provided by you
through this Web Site (including but not limited to information provided through e-mail)
or made available through your use of this Web Site, for any lawful purpose, unless you
indicate otherwise in the Membership area of the Web Site. In no event shall you be
entitled to any compensation for the use of any of this information.
Please see our Privacy
Policy for further details.
Governing Law and Jurisdiction
This Agreement is governed by and construed in accordance with the laws of the United
States and the State of Illinois, without giving effect to any choice-of-law or
conflict-of-law provision or rule (whether of the State of Illinois or any other
jurisdiction) that would cause the application of the laws of any jurisdiction other
than the United States or the State of Illinois. You hereby consent to, and agree to
bring any and all claims in, the exclusive jurisdiction of the state and federal
courts located in Cook County, Illinois, U.S.A., for any action or proceeding arising
under or relating to this Agreement, the Web Site, or the use of, or reliance on this
Web Site, whether based in contract or tort.
Entire Agreement
This Agreement shall constitute the entire agreement between you and Morningstar
regarding the subject matter hereof and shall supersede any and all prior negotiations,
representations, warranties, undertakings, or agreements, written or oral, between the
parties regarding such subject matter.
Severability
To the maximum extent possible, each provision in this Agreement shall be interpreted
in such manner as to be valid and enforceable under applicable law. If any provision of
this Agreement is held to be invalid or unenforceable under applicable law, such
provision shall be modified so as to be rendered valid and enforceable while implementing,
to the maximum extent possible, the original intent of such provision. If such modification
is not possible or allowed, then such provision shall be ineffective only to the extent of
such unenforceability or invalidity without affecting the remainder of such provision or any
other provisions in this Agreement.
THIS FREE
MEMBERSHIP AGREEMENT WAS LAST UPDATED ON DECEMBER 19,
2000
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