Information
This is the User Agreement for the Information as defined below) being made available to you on this The Fund Guy (“The Fund Guy”) site. This is also where you will find posted updates by this User Agreement in the future.
YOUR USE OF THE INFORMATION AND ANY OF ITS CONTENTS MADE AVAILABLE TO YOU, 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 "INFORMATION") IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT ("USER AGREEMENT"). BY USING THE INFORMATION IN ANY WAY, YOU AGREE THAT YOU: (1) HAVE READ AND UNDERSTAND THIS USER AGREEMENT, (2) HAVE THE CAPACITY AND AUTHORITY TO ENTER INTO IT; AND (3) ARE BOUND BY ALL OF ITS TERMS AND CONDITIONS.
We may change the terms and conditions of this User Agreement at any time. A notification of such change(s), will be posted in this section of the Information. You will be responsible for regularly checking this section and for reviewing any changes to the User Agreement. By using the Information after any such changes take place, you signify your acceptance of the change(s) and your agreement to be bound by them.
Use of the Information
Subject to the terms of this User Agreement, you are granted a revocable, non-transferable, non-exclusive limited license to use those portions of the Information 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 the avoidance of doubt, you may not use the Information to service, or otherwise perform work on behalf of, any brokerage, financial services or related person(s) or their clients.
Subject to the terms of this User Agreement, you may download or print hard copies of pages or reports from the Information 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) 2016 THE FUND GUY. All rights reserved."
There may be certain limits or additional conditions imposed on you for you to access certain portions of the Information and/or to download and/or print pages or reports. In all cases, this User Agreement (as supplemented by such limits and/or additional terms and conditions) will govern your use of the Information and you agree to comply with it.
THE FUND GUY has the right, at any time without notice, to: (i) revoke or limit your license to use the Information (or any portion of it); and (ii) change or discontinue providing the Information (or any portion thereof). The Fund Guy has no obligation to update the Information or to correct any errors or omissions that might be contained in it.
Ownership and Copyright
You acknowledge and agree that the Information (including, without limitation, all information contained in or associated with it) is owned by THE FUND GUY and/or third party content providers ("Content Providers") and is protected by copyright and other intellectual property laws. You further acknowledge and agree that the Information may contain certain proprietary data and information of THE FUND GUY and the 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 User Agreement to the extent necessary to enable it to enforce its proprietary rights in the data and the applicable use restrictions contained in this User Agreement.
Open-source software is important to us. Some software used in the Information may be offered under an open-source license. There may be provisions in the open-source license that expressly override some of these terms.
Trademarks
The Morningstar information referenced in the Information: (1) is proprietary to Morningstar and/or its content providers; (2) may not be copied or distributed; and (3) is not warranted to be accurate, complete, or timely. Neither Morningstar nor its content providers are responsible for any damages or losses arising from any use of this information. ©2016 Morningstar, Inc. All Rights Reserved
Disclaimer of Warranties
THE INFORMATION IS PROVIDED "AS IS" WITH ALL FAULTS. THE FUND GUY AND THE CONTENT PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE INFORMATION, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, NON-INFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE.
NEITHER THE FUND GUY NOR THE CONTENT PROVIDERS WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION. NEITHER THE FUND GUY NOR THE CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR INVESTMENT DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THE INFORMATION.
PAST PERFORMANCE DOES NOT GUARANTEE FUTURE PERFORMANCE. NEITHER THE FUND GUY NOR THE CONTENT PROVIDERS SHALL BE CONSIDERED AN "EXPERT" UNDER THE SECURITIES ACT OF 1933. NEITHER THE FUND GUY NOR THE CONTENT PROVIDERS WARRANT THAT THE INFORMATION 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 THE FUND GUY NOR THE CONTENT PROVIDERS NOR ANY PERSON THROUGH WHOM THE FUND GUY MAKES THE INFORMATION AVAILABLE SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THIS USER AGREEMENT, THE INFORMATION, OR THE USE OF, OR RELIANCE ON, THE INFORMATION, WHETHER IN CONTRACT OR TORT OR OTHERWISE.
EXCEPT TO THE EXTENT OTHERWISE EXPLICITLY PROHIBITED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE FUND GUY AND ITS CONTENT PROVIDERS ARISING FROM OR RELATING TO THIS USER AGREEMENT, THE INFORMATION, AND THE USE OF, OR RELIANCE ON, THE INFORMATION, 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 THE AMOUNT YOU PAID US TO USE THE INFORMATION.
NEITHER THE FUND GUY NOR THE 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 THE FUND GUY OR ITS CONTENT PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify, defend, and hold harmless The Fund Guy, its affiliates and ithe 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 Information; (ii) your breach of this User Agreement; and (iii) any messages, information, or materials uploaded, posted, published, or transmitted by you in connection with the Information
Third-Party Web Sites, Links, and Information
The Information 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 the Information. THE FUND GUY does not control this information or these products, services, or Web sites, THE FUND GUY 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 Information does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with The Fund Guy 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.
Privacy and Information Made Available by You
THE FUND GUY shall have the right to use and disclose any information provided by you through the Information (including but not limited to information provided through e-mail) or made available through your use of the Information, for any lawful purpose. 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 State of New York, without giving effect to any choice-of-law or conflict-of-law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than that of the State of New York. You hereby consent to, and agree to bring any and all claims in, the exclusive jurisdiction of the state and federal courts located in Dallas, TX for any action or proceeding arising under or relating to this User Agreement, the Information, or the use of, or reliance on the Information, whether based in contract or tort or otherwise.
Entire Agreement
This User Agreement shall constitute the entire agreement between you and THE FUND GUY 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 User Agreement shall be interpreted in such manner as to be valid and enforceable under applicable law. If any provision of this User 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 User Agreement.
This User Agreement was last updated in June 2016.