YOUR USE OF THIS PRODUCT/SERVICE AND ANY OF ITS CONTENTS MADE AVAILABLE TO YOU HEREUNDER, INCLUDING BUT NOT LIMITED TO, ANY 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, MATERIALS AND SERVICES, COLLECTIVELY, THE “SERVICE”) IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT (“AGREEMENT”). BY SUBSCRIBING TO THE SERVICE, USING THE SERVICE IN ANY WAY, OR ACCEPTING ANY RELATED SERVICES FROM MORNINGSTAR, YOU AGREE THAT YOU: (1) HAVE READ AND UNDERSTAND THIS AGREEMENT, (2) HAVE THE CAPACITY AND AUTHORITY TO ENTER INTO IT; AND (3) 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 or Help section of the Service. You will be responsible for regularly checking the Membership Area and for reviewing any changes to the Agreement. By using the Service 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 Service
Subject to the terms of this Agreement, Morningstar grants you a revocable, non-transferable, non-exclusive right to use those portions of the Service, to which you are granted access but only for your own personal, noncommercial use and not for any use on behalf of any third party. For absence of doubt, you may not use the Service to service, or otherwise perform work on behalf of, any brokerage, financial services or related person(s) or their clients. Use of the Service is intended only for citizens or residents of the United States or its territories.
Subject to the terms of this Agreement, you may download or print hard copies of pages or reports from the Service 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 at a minimum contain the following notice:
“Copyright (c) 2020 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 the Service, 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 Service (or any portion of it); and (ii) change or discontinue providing the Service (or any portion thereof). Morningstar has no obligation to update the Service or to correct any errors or omissions that might be contained in it.
Your subscription is personal to you, and you may not transfer or share your subscription with another person, other than immediate family members living in the same household, provided that: (i) each such family member reads and agrees to be bound by the terms and conditions of this 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 Service by such family member(s).
Ownership and Copyright
You acknowledge and agree that the Service (including, without limitation, all information contained in or associated with it) is owned by Morningstar and/or its third party content providers (“Content Providers”) and is protected by international copyright and other intellectual property laws. You further acknowledge and agree that the Service contains certain 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 protect them from illicit distribution or use. Each Content Provider is a third-party beneficiary of this Agreement to the extent necessary to enable it to enforce its proprietary rights in the data and the applicable use restrictions contained in this Agreement.
MORNINGSTAR, MORNINGSTAR.COM, and the MORNINGSTAR & DESIGN logo are registered marks of Morningstar. In addition, the Morningstar Rating™ and Morningstar Style Box™ marks (both word and design), as well as any other Morningstar marks appearing in the Service, are the property 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.
Disclaimer of Warranties
THIS SERVICE IS PROVIDED “AS IS” WITH ALL FAULTS. MORNINGSTAR AND ITS CONTENT PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE SERVICE, 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 ANY OF ITS CONTENT PROVIDERS WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SERVICE. NEITHER MORNINGSTAR NOR ANY OF ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR INVESTMENT DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THE SERVICE.
PAST PERFORMANCE DOES NOT GUARANTEE FUTURE PERFORMANCE. NEITHER MORNINGSTAR NOR ANY OF ITS CONTENT PROVIDERS SHALL BE CONSIDERED AN “EXPERT” UNDER THE SECURITIES ACT OF 1933. NEITHER MORNINGSTAR NOR ANY OF ITS CONTENT PROVIDERS WARRANT THAT THE SERVICE OR ANY PORTION OF IT 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
NEITHER MORNINGSTAR NOR ANY OF ITS CONTENT PROVIDERS NOR ANY PERSON THROUGH WHOM MORNINGSTAR MAKES THE SERVICE AVAILABLE SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE, OR THE USE OF, OR RELIANCE ON, THE SERVICE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY FROM A WILLFUL BREACH BY MORNINGSTAR (OR THAT PERSON) OF ANY OF ITS EXPRESS OBLIGATIONS UNDER THIS AGREEMENT OR EXCEPT TO THE EXTENT OTHERWISE EXPLICITLY MANDATED BY APPLICABLE LAW.
EXCEPT TO THE EXTENT OTHERWISE EXPLICITLY PROHIBITED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF MORNINGSTAR AND ITS CONTENT PROVIDERS ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE, AND THE USE OF, OR RELIANCE ON, THE SERVICE, WHETHER IN CONTRACT, 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.
EXCEPT TO THE EXTENT OTHERWISE EXPLICITLY PROHIBITED BY APPLICABLE LAW, 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.
You agree to indemnify, defend, and hold harmless Morningstar, its affiliates and its Content Providers 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 Service; (ii) your breach of this Agreement; and (iii) any messages, information, or materials uploaded, posted, published, or transmitted by you in connection with the Service (including, without limitation, in any portion of the Morningstar Community (as defined below) that may be made available as part of the Service).
If you are required to select a password to access or use the Service, you may then modify that password at any time as often as you like. You may not select any password that violates any third party’s rights or is offensive, improper, or inappropriate. If Morningstar determines in its sole discretion that any password you select is inappropriate for any reason, Morningstar may delete that password and/or limit or terminate your access to the Service.
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 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
The Service 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 Service. Morningstar does not control this information or these products, services, or Web sites. Morningstar does not make any representations or warranties, express or implied, regarding this information or these products, services, or Web sites and shall not be liable for any information or services received from them. Inclusion of any of the foregoing in conjunction with the Service 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.
Where available within the Service, U.S. intraday exchange quotes are real-time and provided by BATS Exchange. NASDAQ, NYSE and Amex securities quotes are delayed by 15 minutes. All quotes are believed to be correct, but Morningstar does not warrant or guarantee the accuracy, completeness or timeliness of any such information. Morningstar advises you to always confirm the price of a particular investment with a broker or other party executing its sale, purchase or redemption, as appropriate.
Privacy and Information Made Available by You
Use of Morningstar Community
To the extent the Service involves any access to any forum, blog, private message, email or other medium (e.g., a comments section within a video or associated with an article) by which discussions may be effected (individually and collectively, the “Morningstar Community”), you understand and agree that Morningstar makes no representations or warranties with respect to any such portion of the Morningstar Community or with respect to any messages, information, or materials contained in it. You acknowledge and agree that your use of, or reliance upon, any such messages, information, or materials is at your sole risk and expense.
Morningstar does not, and cannot, review all of the information and materials provided in the Morningstar Community 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 Morningstar Community 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 Morningstar Community, you covenant that you will: (a) comply with the Morningstar Community policies promulgated by Morningstar from time to time; (b) be solely responsible for your use of the Morningstar Community and any messages, information, and materials provided by you or through another user making use of your password; (c) not advertise or offer to sell goods or services of any kind in the Morningstar Community; and (d) not upload, post, publish, or transmit any messages, information, or materials that (i) restrict or inhibit any other user from accessing, using or enjoying the Service, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law, (iv) 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), (v) constitute or contain false or misleading indications of origin or statements of fact, (vi) contain software or any other commercial materials or information, or (vii) contain any viruses or other harmful component.
By uploading, posting, publishing, or transmitting any messages, information, or materials in connection with the Morningstar Community, 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
This Agreement is governed by and construed in accordance with the laws of the State of Illinois, U.S.A., 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 that of 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 Service, or the use of, or reliance on this Service, whether based in contract or tort or otherwise. Each party expressly waives the right to trial by jury.
Waiver of Class Action
Except as otherwise specifically prohibited by applicable law, all disputes arising from or related to this Agreement, a party’s performance hereunder or any of its acts or omissions (or any of the acts or omissions of any of its agents) will be adjudicated on an individual basis and not in a class or representative action or as a member of a class, mass, consolidated or representative action, irrespective of the forum in which they are heard. Any claim asserted by a party hereunder shall not be joined for any purpose with the claim or claims of any other person or entity, unless both parties specifically agree to the joinder of individual actions.
This Agreement constitutes the entire agreement between you and Morningstar regarding the subject matter hereof and supersedes any and all prior negotiations, representations, warranties, undertakings, or agreements, written or oral, between the parties regarding such subject matter.
To the maximum extent possible, each provision in this Agreement shall be interpreted in such a 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.
Premium User Provisions
In addition to the above, the following provisions apply to you if you subscribe to the Premium portion of the Service (“Premium Service”):
Subscribing to the Premium Service
You may not use the Premium Service without a valid subscription from Morningstar — at which point you will be deemed a “Premium Member”. To obtain a subscription, you must register for the Premium Service either by completing and submitting the online registration form available for the Premium Service or by calling the toll-free number listed below under “Customer Service and Product Support” and providing Morningstar with all of the required enrollment information. Your subscription will not be valid unless and until Morningstar accepts your completed registration. By registering for the Premium Service, you represent and warrant that all registration information that you provide is true, complete, and accurate, and you agree to notify Morningstar promptly of any changes to this registration information. This notification can be effected either by editing your user profile in the Service or by calling the toll-free number listed below under “Customer Service and Product Support.”
AUTOMATIC RENEWAL OF PREMIUM SERVICE
You may be offered a free trial subscription to the Premium Service and this free trial subscription will normally begin on the date on which Morningstar accepts your completed registration. Unless cancelled by you or Morningstar 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 ever taken a free trial to the Premium Service, you will not be eligible to receive another free trial. Instead, the initial term of your Premium Service subscription will begin immediately upon Morningstar accepting your registration and your credit card will be charged for the subscription fee associated with the term length you selected when you registered.
In those instances where you subscribe to the Premium Service using a special or introductory offer, unless you notify us that you wish to cancel your Premium Service subscription before the end of its initial term, your Premium Service subscription will automatically renew for the period of time specified in that offer and your credit card will be charged the subscription fee in effect at the time for that subscription term length.
Other than as described elsewhere in this section, unless you notify us that you wish to cancel your Premium Service subscription before the end of its then-current subscription term, your Premium Service 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.
Changes to the Premium Service
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 IS TO CANCEL YOUR SUBSCRIPTION, AS SET FORTH BELOW.
Charges and Billing Practices
Premium Service subscription Fees on credit-card transactions are authorized immediately, but not actually processed until any applicable limited time free trial period has expired. Subscription fees will be based upon the subscription rates in effect at the start of each subscription term and apply whether or not you actually use the Premium Service during that term. You can always find the current retail subscription rates by reviewing the Member Benefits on the Service.
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 Service 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. For absence of doubt, if Morningstar increases the base Premium Service subscription fee at some point during your then-current subscription term, that increased fee will only apply to you upon the next renewal, if any, of your Premium Service subscription.
Subscription fees and all others fees and charges associated with your Premium Service 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 pass-along service being provided by your credit card issuer, please contact it directly.
While you are a Premium Subscriber, you must promptly notify Morningstar — if any information you provided to us related to your credit card — for instance, your billing address — changes or is no longer valid for any reason. 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. To notify Morningstar, please either reach out to us at the toll-free number set forth below in Customer Service and Product Support or email us at firstname.lastname@example.org.
If you purchased your Premium Service subscription through Morningstar, you may cancel it (i) by calling the telephone number listed under “Customer Service and Product Support” to notify Morningstar; or (ii) by going to the MyAccount portion of the Premium Service (located at www.morningstar.com) navigating to “Membership,” clicking on “Cancel” and then following the on-screen instructions to complete the cancellation process; or (iii) by sending an email to email@example.com.
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 Premium Service subscription at any time after your trial period expires, your subscription to the Premium Service will continue in effect until the next monthly anniversary of the effective date of your paid subscription. (For example, if your paid Premium Service subscription start date is on January 1 and you cancel it on June 15, your Premium Service subscription remains in effect until July 1, at which time it ends.) For those with yearly or multi-year subscriptions, any remaining prepaid charges will be refunded, prorated on a monthly basis, to your credit card after your Premium Service subscription ends.
Morningstar may at any time immediately cancel your subscription, without notice or liability, if it determines in its sole discretion that: (i) you have breached any portion of this Agreement; or (ii) your use of or access to the Premium Service or any other portion of the Service violates any applicable law or regulation or otherwise inhibits any other subscriber from using or accessing any portion of the Service, including, without limitation, the Premium Service. Upon such cancellation, you will have no further right to access or use any portion of the Service. 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.
If you purchased the Premium Service via the Apple In-App Purchase (IAP) mechanism, then, subject to applicable law, you may only cancel your Premium Service subscription through Apple. Please direct all questions regarding the status of your account to Apple and reference your Apple ID. Please refer to the app’s License Agreement in the Apple iTunes app store for more details.
Morningstar Mobile Apps
For subscriptions purchased through IAP, your membership INCLUDES access to Premium Service, and will continue to automatically renew until non-renewed or cancelled; see the Automatic Renewal of Premium Service section above and the Cancellation section below. Payment will be charged to your iTunes Account at confirmation of purchase. Subject to applicable law, your subscription will automatically renew unless auto-renew is turned off at least 24-hours before the end of the current subscription period. Account will be charged for renewal within 24-hours prior to the end of the current subscription period, and identify the cost of the renewal. Subscriptions may be managed by you and auto-renewal may be turned off by going to Account Settings after purchase.
If you are a “Securities Professional” as defined herein, then, in addition to any other restrictions contained herein, you may not use any of the information from Dow Jones Business News or Dow Jones and Company, Inc. to provide advice or products or services to a third party. You may use information from Dow Jones Business News or Dow Jones and Company, Inc. solely for your personal investing or educational purposes and not in connection with any commercial product or service or in connection with advising third parties, or buying, selling, or trading securities for or on behalf of third parties. A “Securities Professional” means a person who: (i) acts as a broker or dealer in the purchase or sale of negotiable financial instruments or is registered or qualified in any capacity under any federal or state securities or commodities trading law, rule, or regulation or the rules or regulations of any securities or commodities exchange, market, or association; (ii) falls within the definition of “investment banker” as that term is defined in the Investment Company Act of 1940; (iii) is a national securities or commodities exchange, registered securities or commodities association, or registered clearing agency; (iv) engages in the buying and selling of negotiable financial instruments for his or her employer or for an entity or its customers’ accounts; or (v) is engaged in the business of managing or directing a fund or portfolio of assets (that includes negotiable financial instruments) owned principally by third parties.
Customer Service and Product Support
For customer service related to your Premium Service membership (including information regarding registration, billing and cancellation), please call +1 (866) 229-9449 (or +1 (312) 384-3838 if dialing from outside the U.S.) Monday-Friday, 8AM-5PM CST.
For customer service related to your membership on the mobile Service, contact Morningstar via telephone at +1 (312) 424-4243.
This Agreement was last updated on December 2019.