Download TERMS OF USE Please read these terms and conditions carefully

TERMS OF USE
Please read these terms and conditions carefully. These terms and conditions apply to the use of
this Web site and to the use of any information, software, function, graphics, artwork and any
other material contained on this Web site (collectively referred to as "contents").
By using this Web site and its contents, you ("you" or "the user") agree to abide by these terms
and conditions and any changes that MSCS and/or its affiliates (collectively referred to as
"MSCS") may publish from time to time. If you do not agree with these terms and conditions, do
not access this Web site or any pages thereof.
MUTUAL FUND INFORMATION
Information about mutual funds provided on this Web site has been compiled by MSCS from a
variety of sources, including [NSCC] and the funds themselves. To the best of MSCS’s
knowledge, the information was current and accurate as of the date(s) MSCS obtained the
information, but MSCS has not performed due diligence on the information and does not
guarantee its accuracy or reliability. This information is provided for general informational
purposes in your consideration of funds available through MSCS, but it is your responsibility to
obtain and consider other sources of information before making any recommendations of specific
funds.
The mutual fund information is provided for your use only and is not to be given to your clients.
TIMELINESS OF CONTENT
All content may be superseded by subsequent market events or other reasons. In addition, you
are responsible for setting the cache settings on your browser to ensure you are receiving the
most recent data.
INVESTMENT PRODUCTS
The contents of this Web site, including Information regarding any investment product or
service, is for informational purposes only and is not intended as an offer or solicitation for the
sale of any investment product or service or a recommendation or determination by MSCS that
any investment product or service is suitable for a specific investor. Investors should seek
financial advice regarding the suitability of any investment product or service, based on the
investor’s objectives, financial situation and particular needs.
Investments like stocks, bonds, annuities and mutual funds are not insured by the FDIC or any
other governmental agency, are not deposits of or other obligations of or guaranteed by MSCS or
any other bank or entity, and are subject to investment risks including the possible loss of
principal amount invested.
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Past performance does not guarantee future results, and no representation or warranty regarding
past performance is made.
INTELLECTUAL PROPERTY AND COPYRIGHT
Title to and all intellectual property rights in the Web site and its contents remain in MSCS,
unless otherwise expressly indicated. All rights reserved.
This Web site and/or its contents may include information, software and other tools which are
the proprietary property of others or which are public or works of the government. MSCS is
using such information, software and other tools with permission and authority from the owners
of such proprietary rights when required.
TRADEMARKS AND SERVICE MARKS
The trademarks, service marks, and logos contained on this Site and its contents are service
marks or trademarks of MSCS and its affiliates, except as otherwise noted. MSCS may also
claim trademark or service mark rights in other product names, business names, logos, slogans
and other marks contained on this Web site and its contents. You may not in any way use any
MSCS marks without first obtaining our express written permission.
The names of actual companies and products mentioned herein may be the trademarks or service
marks of their respective owners.
USE OF WEB SITE AND WEB SITE MATERIALS
When using particular information, materials, and/or services on this Web site, you may be
subject to any posted guidelines or notes applicable to such services or materials that may
contain terms and conditions in addition to these Terms and Conditions. All such guidelines or
rules are hereby incorporated by reference into these Terms and Conditions.
This Web site and its contents are not intended for distribution to or use by any person or entity
in any jurisdiction or country where such distribution or use would be contrary to local law or
regulation.
You may not print, copy, upload, post, publish, modify, display, transfer, resell, reproduce,
republish, or distribute this Web site or its contents in any way (whether electronically or
otherwise) or create other works based on it, unless expressly authorized by these Terms and
Conditions, the express provisions on this Web site, our prior written consent, or applicable law.
Copies made incidentally in the ordinary course of your personal, non-commercial use of this
Web site and a reasonable number of printed copies for such use are permitted, provided that you
do not modify or alter the material in any way and you do not delete or change any copyright,
trademark or other notices.
You may not use the information or material on this Web site for any unlawful purpose.
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MODIFICATIONS AND CHANGES
We may make changes to the Web site and its contents, including our products and/or services
and these Terms and Conditions, at any time without notice to you. Your use of this Web site at
any time indicates your agreement with the Terms and Conditions posted on this site at the time
of such use.
ERRORS
Although we attempt to keep this Web site and its contents accurate, complete and current, the
site may contain technical or other mistakes, inaccuracies or typographical errors. The
information and materials on this Web site may be out of date, and we make no commitment to
update this Web site or its contents. It is your responsibility to verify any information before
relying on it.
LINKS TO THIRD PARTY SITES
MSCS may establish links between this Web site and one or more Web sites operated by third
parties, and we are providing these links only as a convenience to you. Such links allow you to
leave our Web site and are not under our control. Access to any other Web site linked to this
Web site is at your own risk. We have not investigated, verified, monitored or tested the
accuracy, reliability or completeness of any information, data, opinions, advice, statements,
software, products or services found on or contained in these linked sites or any change or
updates to such sites and therefore do not make any representations whatsoever with respect
thereto. The inclusion of a link to another Web site does not constitute an approval, endorsement,
authorization, sponsorship, or affiliation by us with respect to such site, its owners or its
providers.
REGISTRATION
Some areas of this Web site may require you to become a member. When and if you register to
become a member, you agree to: (1) provide accurate, current and complete information about
yourself as prompted by our registration form (including your e-mail address); and (2) maintain
and update your information (including your e-mail address) to keep it accurate, current and
complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not
current, or incomplete, we reserve the right to terminate your right to use this Web site.
USE AND PROTECTION OF ACCOUNT NUMBERS, USER IDS AND PASSWORDS
We may refuse to grant you a User ID that impersonates someone else, is or may be illegal, is or
may be protected by trademark or other proprietary rights laws, is vulgar or otherwise is
offensive, or may cause confusion, as determined by us in our sole discretion.
You should not disclose your account number(s), user ID and/or password to anyone else. You
are responsible for maintaining the confidentiality of your account number(s), user ids, and/or
passwords, as applicable. You are responsible for damages resulting from all uses of your
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account number(s), user id and/or password, whether or not actually or expressly authorized by
you, unless access to your account number(s), account name, user id and/or password was
obtained through no fault or negligence on your part.
Notify us immediately of any unauthorized use of your account number(s), User ID, or password
or any other breach of security.
DISCLAIMERS
ALL INFORMATION, MATERIALS AND SERVICES CONTAINED ON THIS WEB SITE
AND THE CONTENTS THEREOF ARE PROVIDED "AS IS." MSCS MAKES NO
REPRESENTATION, ENDORSEMENT, OR WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, BY DESCRIPTION, BY SAMPLE OR OTHERWISE, AND IN
PARTICULAR AND WITHOUT LIMITATION, MAKES NO IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS OR FREEDOM FROM VIRUSES OR
OTHER HARMFUL CODE. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR
COMPLETENESS OF THE MATERIALS CONTAINED ON THIS WEB SITE OR
WARRANT THAT ANY DEFECTS WILL BE CORRECTED.
THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT
PERMITTED BY LAW.
LIMITATION OF LIABILITY
AS A CONDITION TO MSCS PROVIDING THIS WEB SITE AND ITS CONTENTS, THE
USER AGREES THAT IN NO EVENT SHALL MSCS BE RESPONSIBLE OR LIABLE TO
YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER, INCLUDING,
WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGE, LOSSES OR EXPENSES OF ANY KIND,
ARISING IN CONNECTION WITH THIS WEB SITE OR ANY WEB SITE LINKED
HERETO, THE USE THEREOF OR THE INABILITY TO USE IT BY ANY PERSON, OR IN
CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR ANY OTHER THEORY OF
LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF MSCS IS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED
BY LAW.
IN NO EVENT WILL MSCS’S LIABILITY TO YOU FOR ALL DAMAGES, LOSSES,
CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE)
OR OTHERWISE, BE MORE THAN THE TOTAL AMOUNT OF ANY MONEY MSCS
RECEIVES FROM YOU FOR LICENSE FEES, UPDATE FEES AND OTHER FEES AND
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CHARGES COLLECTED PURSUANT TO YOUR AUTHORIZED USE OF THIS WEB SITE
AND/OR ITS CONTENTS.
INDEMNIFICATION BY USER
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS MSCS, ITS
SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD PARTY
INFORMATION PROVIDER TO US FROM AND AGAINST ALL LOSSES, EXPENSES,
DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING
FROM ANY VIOLATION OF THESE TERMS AND CONDITIONS BY YOU.
OTHER AGREEMENTS
These Terms and Conditions shall be subject to any other agreements you have entered into with
MSCS and, except as expressly set forth herein, in the event of a conflict, the terms of those
agreements will govern.
TERMINATION AND REMEDIES
If you breach any of these Terms and Conditions, your authorization to use this Web site
automatically terminates and you must immediately destroy any materials obtained from this
site. MSCS may seek any available legal remedy or take any reasonable business steps to prevent
the unauthorized use of, or access to, this Web site, and to prevent access to users who violate
these Terms and Conditions. You agree that we would be irreparably harmed if you breach this
provision and that monetary damages would be inadequate to remedy such breach. Accordingly,
you also agree that specific and injunctive or other equitable relief is the appropriate remedy for
such a breach.
WAIVER
Any waiver of or failure to enforce any right under or term or provision of these Terms and
Conditions by MSCS shall not be deemed to be a waiver of such right or any other right, term or
provision of these Terms and Conditions at any time.
SEVERABILITY
In the event that any portion of these Terms and Conditions shall be determined to be
unenforceable by a court of competent jurisdiction, the remainder of these Terms and Conditions
shall not be impaired, affected or invalidated, and the unenforceable term or provision shall be
replaced by such enforceable term or provision as comes closest to the intention underlying the
unenforceable term or condition.
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GOVERNING LAW AND VENUE
Use of this Web site will be governed by and construed in accordance with the laws of the State
of Colorado and the United States of America, without regard to conflict of law principles. You
and MSCS also agree that all legal proceedings, whether at law or in equity, related to this Web
site and/or its contents shall be filed in and adjudicated solely in the state or federal courts
located in Denver, Colorado. You further consent and submit to the exclusive personal
jurisdiction and venue of such courts for the purpose of litigating any such matters.
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