HedgeTracker.com User Agreement


Below is the User Agreement for the HedgeTracker.com Web site. This is also where you will find posted updates to this Agreement in the future.

YOUR USE OF THIS HEDGETRACKER.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 HEDGETRACKER.COM, 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.

HedgeTracker 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
Subject to the terms of this Agreement, HedgeTracker.com grants you a revocable, non-transferable, non-exclusive limited license to use those portions of the Web Site, 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.

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) 2009 HedgeTracker.com. All rights reserved."

Ownership and Copyright
You acknowledge and agree that this Web Site and the information contained in or associated with it are owned by HedgeTracker and/or its third party content providers ("Content Providers") and are protected by U.S. and international copyright and other intellectual property laws. You further acknowledge and agree that the Web Site contains certain proprietary data and information of HedgeTracker 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.

Disclaimer of Warranties
THIS WEB SITE IS PROVIDED "AS IS" WITH ALL FAULTS. HEDGETACKER.COM AND ITS CONTENT PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE 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 HEDGETACKER.COM NOR ITS CONTENT PROVIDERS WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE WEB SITE. NEITHER HEDGETACKER.COM NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR INVESTMENT DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THIS WEB SITE

Limitation of Liability
NEITHER HEDGETACKER.COM NOR ITS CONTENT PROVIDERS NOR ANY PERSON THROUGH WHOM M HEDGETACKER.COM MAKES THE WEBSITE AVAILABLE 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 (OR THAT PERSON) OF ANY OF ITS EXPRESS OBLIGATIONS UNDER THIS AGREEMENT.

Indemnification
You agree to indemnify, defend, and hold harmless HedgeTracker, 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 Web Site; (ii) your breach of this Agreement; and (iii) any messages, information, or materials uploaded, posted, published, or transmitted by you in connection with the Web Site or the Discuss area (as defined below).

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).

Privacy and Information Made Available by You
HedgeTracker shall have the right to use and disclose any information provided by you through the Web Site (including but not limited to information provided through e-mail) or made available through your use of the Web Site, for any lawful purpose, unless you indicate otherwise. 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.

Use of Comments Area
HedgeTracker makes no representations or warranties with respect to any forums, blogs, private messages, emails, or other electronic discussion mediums made available on or via this Web Site. You acknowledge and agree that your use of, or reliance upon, any such messages, information, or materials is at your sole risk and expense.

HedgeTracker 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 HedgeTracker becomes aware of any information or materials that it determines violate the terms of this Agreement or the Discuss area policies promulgated by HedgeTracker from time to time or that HedgeTracker otherwise deems inappropriate in its sole discretion, Morningstar reserves the right to delete, move, or edit any such information or materials.

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 Web Site, or the use of, or reliance on this Web Site, whether based in contract or tort or otherwise.

Entire Agreement
This Agreement shall constitute the entire agreement between you and HedgeTracker.com 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.

Cancellation
You may cancel your account at anytime by emailing the product service email. HedgeTracker may immediately cancel your account, 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 Web Site violates any applicable law or regulation or otherwise inhibits any other subscriber from using or accessing the Service or any other service offered by HedgeTracker on the Web Site. None of the foregoing limits any other legal, equitable, or contractual rights available to HedgeTracker.

Product Support
For customer and product support related to your account, contact Hedgetracker.com via e-mail at sales (at) hedgetracker.com.

This User Agreement was last updated on March 30, 2009