Advisor Terms and Conditions of Use

Morningstar Research, Inc. (referred to as “Morningstar”, “we”, “us” or “our”), is a company registered in Ontario, Canada, whose registered office is at 1 Toronto Street, Suite 500  Toronto, Ontario M5C 2W4, Canada. Morningstar Research, Inc. designs software for use by subscribing financial services providers’ (the “Subscriber”) financial planners, wealth managers, brokers or other financial advisors (“Advisor”) to support the Advisor in exercising their professional judgement in providing financial guidance or advice to the Advisor’s clients (the “Clients”). Morningstar’s software is available to Subscribers as an annual subscription service (paid monthly or annually) as presented and offered from-time-to-time at www.planplusglobal.com, which includes but is not limited to the SuitabilityPro: FinaMetrica Profiler (“Profiler”), SuitabilityPro: ProTracker and SuitabilityPro: ProPlanner, which may include a collaborative website portal from which Advisors can interact with their Clients (“Client Portal”), collectively referred to as the “SuitabilityPro Modules”. The SuitabilityPro Modules are delivered from the websites www.suitabilitypro.com, www.suitabilitypro.com/miplanplus/ and www.planplusglobal.com  (“Websites”). Collectively, the SuitabilityPro Modules, the Client Portal, the Websites, and other services or products offered by Morningstar on the Websites or elsewhere shall be referred to hereafter as the “Morningstar  Software”. The SuitabilityPro: FinaMetrica Profiler provides an assessment of a Client’s financial risk profile (the “Profile”), comprising the risk tolerance questionnaire (the “Test”), a financial experience and knowledge questionnaire and a KYC (know-your-client) questionnaire, all of which can be taken by the Client through the Client Portal, and a Methodology for using the results of the Profile, the Client’s Financial Data and Advisor’s Planning Assumptions in the financial advising process to provide guidance or advice for a recommended portfolio suitable for the particular Client. The Test statistically compares the Client’s risk tolerance answers with the answers of a large sample population of clients to provide Advisors with an objective starting point for Client discussions regarding suitable risk and reward parameters. The Client’s Profile, Advisor’s Planning Assumptions, client-specific notes taken by the Advisor when engaging with the Client, and Advisor’s recommendations, guidance or advice are captured in a Report. The Advisor shares the Report (in person, printed or through the Client Portal) with the Client, which is then reviewed by the Advisor and their Client. If the Subscriber has signed up for the FinaMetrica Profiler, the Websites provide access to and use of the FinaMetrica Profiler. The SuitabilityPro: ProPlanner provides an assessment of a Client’s financial goals, income, assets, liabilities, portfolios and other financial information (“Financial Data”) and a Methodology for the advisor to use the results of the Client’s Financial Data and Advisor’s Planning Assumptions (as well as the Profile if the Subscriber has also signed up for the FinaMetrica Profiler) to assist the Advisor in developing a suitable guidance or advice for the Client in the form of a financial plan. The Client’s Profile (if also using the Profiler), Financial Data, Advisor’s Planning Assumptions, client-specific notes taken by the Advisor when engaging with the Client, and Advisor’s recommendations, guidance or advice may be captured in a Report. The Advisor shares the Report (in person, printed or through the Client Portal) with the Client, which is then reviewed by the Advisor and their Client. If the Subscriber has signed up for the ProPlanner, the Websites provide access to and use of the ProPlanner. The SuitabilityPro: ProTracker provides a Methodology for using the results of the Client’s Financial Data and/or the Profile and an Advisor’s Planning Assumptions in the financial advising process to monitor the Client’s Financial Data over time and provide mechanisms to verify and notify the Advisor and/or Client if the Advisor’s recommendations or plan are on-track through automated monitoring of some or all of the Client’s Financial Data, the prices of financial products provided by third party vendors, and/or other relevant information provided by the Advisor or the Advisor’s back-office systems. Advisors can only subscribe to the ProTracker if they are currently Subscribers to either the FinaMetrica Profiler or ProPlanner modules. If the Subscriber has signed up for the ProTracker, the Websites provide access to and use of the ProTracker. Morningstar does not warrant or represent that the results of the Morningstar  Software, including the Test, correctly assesses your Client’s current state of mind or will predict your Client’s future state of mind or behaviour. Further, Morningstar does not warrant and represent that the Morningstar  Software will generate a particular level of return for a particular level of risk. Morningstar has no control over the Advisor’s or Client’s use of the Morningstar  Software, the Report and related information, and accepts no liability for use of the Morningstar  Software. This agreement, including the Morningstar GroupPrivacy Policy (“Agreement”), between you (as a Subscribed Advisor) and Morningstar sets forth the terms and conditions governing your access to and use of Morningstar  Software. Your access to and use of Morningstar  Software will indicate that you have read and understand this Agreement and accept its terms and conditions. DO NOT PROCEED TO ACCESS AND USE the MORNINGSTAR  SOFTWARE UNTIL YOU HAVE CAREFULLY READ THE FOLLOWING. If you accept this Agreement, including all of its terms, please click on the “Accept” button. You may also wish to print and/or save a copy of this Agreement for your records. If you do not accept this Agreement, you will not be able to access and use the Morningstar  Software. If the Subscriber or Subscribed Advisor has a free thirty (30) day trial subscription for the Morningstar  Software (“Trial”), by clicking the “Accept” button you acknowledge and agree that the terms of this Agreement are applicable to the Trial period and any extension thereof, as well as to any subsequent period for which a subscription fee is paid to Morningstar by the Subscriber.

REGISTRATION, SECURITY & MONITORING

Morningstar has registered you to use the Morningstar  Software as a Subscribed Advisor and provided you with a Username and Password (“Logon”). You agree to keep your Logon secure and confidential and to prevent unauthorised use of and access to the Morningstar  Software. You are entirely responsible for all activities associated with or arising from any use of your Logon (regardless of whether you authorised such use). The Logon must be used only by you and cannot be transferred to another Advisor or any other person or third party.  You must notify Morningstar immediately if you become aware of any unauthorised use of your Logon. Morningstar may (but has no obligation to) monitor usage of the Morningstar  Software via your account (including but not limited to concurrent usage of your Logon) and may take any action it deems appropriate, including immediately terminating this Agreement.

TRIAL TERMS

If the Subscriber is trialling the Morningstar Software, the Subscriber’s Trial will begin on the date that Morningstar notifies the Subscriber of the Logon for the Subscriber’s Advisors. The Company, and the Subscriber’s Advisors, will have unlimited use of the Morningstar Software during the Trial. If the Subscriber is trialling the system on a commercial basis, at the end of the Trial, the Subscriber may be asked by email to subscribe. After the end of the Trial, Morningstar may terminate the Subscription without notice.   If the Trial ends without an agreement to move to a commercial subscription, any data submitted by Subscriber or the Subscribed Advisors or Clients to the Morningstar  Software during the Trial shall be destroyed, unless Morningstar is required to retain the data pursuant to the laws of Canada.

LICENSE, INTELLECTUAL PROPERTY RIGHTS, AND RESTRICTIONS

In respect of the Morningstar  Software, Morningstar is the owner or licensee of:

  1. all copyrights, trade or service marks, designs, patents, trade, business or company names or other proprietary rights related to the Morningstar Software;
  2. any right to registration or application for registration of the rights referred to in paragraph (a); and
  3. algorithms, trade secrets, ideas, concepts, methods, know-how and techniques related to the Morningstar Software (collectively, “Morningstar’s Intellectual Property Rights”).

This Agreement only gives the you some rights to access and use the Morningstar  Software. Morningstar reserves all other rights. You are granted a non-exclusive, non-transferable, non-assignable, terminable permission to access and use the Morningstar  Software for the duration of the Trial or paid Subscription subject to the terms and conditions of this Agreement. The Morningstar  Software may be accessed and used by you solely in connection with the Subscriber’s and/or your business, and the access is granted without the right to further sub-license or sub-contract. You are expressly prohibited from using the Morningstar  Software in a ‘back-office’ environment for persons who are not Subscribed Advisors. You are expressly prohibited from using the Morningstar  Software for more than 100 Clients for any particular Subscribed Advisor. You accept that in relation to your access to and use of the Morningstar  Software:

  1. You will not seek to register any of Morningstar’s Intellectual Property Rights;
  2. You are only permitted to use the Morningstar Software for the purposes of providing financial advice to Clients as set out in this Agreement, and during the term of this Agreement;
  3. You will not exploit, sell, redistribute, lease, rent or sublicense access to or use of any of the SuitabilityPro Modules to any person;
  4. You will not copy, publish, modify, adapt or reproduce any part of the Morningstar Software, except insofar as such is for you or your Clients’ use in the management of your Clients’ financial affairs;
  5. You will only use the Morningstar Software only as described in the Documentation;
  6. If you use mappings and/or descriptors within the Morningstar Software you are responsibility to monitor whether there have been changes in the strategic asset allocations from those that applied when the mappings and descriptors were created, as these strategic asset allocations may be changed by the third party from time to time at their sole discretion;
  7. You will not make copies of any related Documentation, Reports or other outputs for any purpose unconnected to this Agreement;
  8. You will not reverse engineer, decompile, decode, decrypt or disassemble the whole or any part of the Morningstar Software or directly or indirectly allow or cause a third party to reverse engineer, decompile, decode, decrypt or disassemble the whole or any part of the Morningstar  Software except to the extent otherwise authorized by applicable law;
  9. You will not do or omit to do, or authorize any third party to do or to omit to do, anything which could invalidate or be inconsistent with Morningstar’s Intellectual Property Rights or the Morningstar Software or this agreement;
  10. You will not commit any act or omission the likely result of which is that PlanPlus’s or the Morningstar Software’s reputation will be brought into disrepute or which act or omission could reasonably be expected to have or does have a material and adverse effect on Morningstar’s interests;
  11. You will promptly advise Morningstar if you become aware of any unauthorized use of the Morningstar Software or any infringement of Morningstar’s Intellectual Property Rights;
  12. You will not remove, alter or otherwise tamper with any trade-marks, trade names, logos, numbers or other means of identification on any aspects of the Morningstar Software which come into your possession, custody or control, and will not place any other trade mark or trade name on any aspects of Morningstar  Software or on any packaging or other materials used in connection therewith without the express consent of Morningstar;
  13. You will promptly advise Morningstar of any complaint received by you regarding the Morningstar Software; and
  14. You will report to Morningstar all software errors or interruptions in the use of the Morningstar Software as soon as they come to your attention.

This Agreement does not limit any rights that Morningstar may have under trade secret, copyright, patent, trademark or other laws.

ACCESS TO THE MORNINGSTAR  SOFTWARE

In order to use the Morningstar  Software, you will require the necessary software, hardware and connection to the World Wide Web (WWW). The Subscriber is responsible for ensuring that you have the necessary software and hardware, and the associated WWW connections. Morningstar is not responsible for any problems caused your software or hardware, including any virus or related problems associated with their use of the Morningstar  Software on your equipment. You are responsible for ensuring that you, during the continuance of this Agreement, maintain and use appropriate virus-protection software on your equipment used to access the Morningstar  Software. Morningstar does not guarantee that Morningstar  Software will always be available or be uninterrupted. Morningstar accepts no liability for any failure to comply with this Agreement. Morningstar has no control over your or your Client’s use of the Morningstar  Software and accepts no liability for such use.

YOUR REPRESENTATIONS AND RESPONSIBILITIES

Morningstar is not engaged in rendering investment or financial advice, and you acknowledges and agree that the information, reports and other outputs provided by the Morningstar  Software do not constitute the provision of financial advice, financial guidance or investment strategy recommendations for a Client in any specific situation or under any circumstance. The Morningstar  Software is intended to provide you with information that can be used in the processes you follow to obtain your Clients’ properly informed consent and to use your own professional judgement to provide your Clients with your financial advice or guidance with regards to your Client’s risk, financial goals and financial plans.. YOU ARE RESPONSIBLE FOR ENSURING THE ADVICE AND/OR GUIDANCE YOU GIVE YOUR CLIENTS IS SUITABLE FOR YOUR CLIENT. THE MORNINGSTAR  SOFTWARE IS ONLY A TOOL USED TO ASSIST YOU IN DEVELOPING FINANCIAL ADVICE AND/OR GUIDANCE FOR YOUR CLIENTS, AND IN NO WAY REPLACES YOUR PROFESSIONAL JUDGEMENT OR OTHER OBLIGATION TO YOUR CLIENT IN FORMULATING AND DELIVERING SAID ADVICE OR GUIDANCE TO YOUR CLIENT. HISTORICAL RESULTS FROM ANALYSIS OF SAMPLE PORTFOLIO PERFORMANCE ARE PROVIDED MERELY FOR INFORMATION PURPOSES AND SHOULD NOT BE REGARDED AS A PREDICTION OR GUARANTEE OF ANY FUTURE RESULTS. You acknowledge that you will exercise their own independent professional judgment in using any of the information and/or Reports provided by the Morningstar  Software and that the you will conduct separate research into the suitability of the Morningstar  Software and the information provided by the Morningstar  Software for a client’s particular financial situation, circumstances, attitudes, motivations and preferences. Upon Logon to the Morningstar Software for the first time, Subscribed Advisors will be asked to accept the Advisor Terms and Conditions. The Subscribed Advisor will also be asked to either accept default settings or input the Advisor’s Planning Assumptions own values, including those for the Professional Judgement Matrix, Capital Market Assumptions and Default Investment Policies. Advisors will be asked to accept default settings for the Professional Judgement Matrix, Capital Market Assumptions and Default Investment Policies every time the Advisor logs in until the Advisors inputs their own values (or accepts the default) in Settings. Subscribers and Advisors are responsible for exercising their professional judgment when setting (or accepting the defaults) for the Professional Judgement Matrix, Capital Market Assumptions and Default Investment Policies, and Morningstar is not responsible for the Advisor’s Planning Assumptions, settings, or the Advisor’s use of the Professional Judgement Matrix, Capital Market Assumptions and Default Investment Policies, including their use for advising Clients. The Morningstar  Software may provide you with a “Report”, which may include a Client’s Profile, Financial Data, the Test, Advisor’s Planning Assumptions, client-specific notes taken by the you when engaging with your Client, and your recommendations, guidance or advice. You must review the Report with your Client and use the results of such review and your professional judgment to adjust the Report.  Morningstar has no control over your or any of your Clients’ use of the Morningstar  Software, the Report and related information, and accepts no liability for such use. You bear all responsibility for advice and services furnished to Clients, regardless of whether the Morningstar  Software and/or any of the Reports or other information provided by the Morningstar  Software was employed in the development of such advice. You agree to indemnify Morningstar and its subsidiaries, affiliates, officers, directors, employees, agents and contractors from any and all claims, liability, damages and/or costs (including without limitation legal fees) incurred by or awarded against Morningstar or its subsidiaries, affiliates, officers, directors, employees, agents and contractors of or in connection with the provision of advice and services furnished by you to Clients or any third party, regardless of whether the Morningstar  Software was employed in the provision of such advice and services. You represent and warrant to Morningstar that you have all the required licenses to engage in the services associated with the use of the Morningstar  Software, and that your access to and use of the Morningstar  Software and any outputs from the Morningstar  Software, such as Reports or information presented on the Client Portal, will be represented accurately and used in compliance with all applicable laws and regulations. You can provide access to your Clients to an online client portal at www.miplanplus.com where your Clients can complete a risk tolerance, experience, and knowledge questionnaire. and where you can share information, including financial information, financial plans and other documents with your Clients and others authorized by your Client to receive and/or share documents and information through the Websites (“Client Portal”). If you provide your Client (and/or others authorized by the Client) with online access to the Websites and Client Portal, your Client (and/or others authorized by the Client) must agree to the terms and conditions of a clickwrap agreement (the Client Terms and Conditions of Use agreement and Privacy Policy) prior to accessing the system. A copy of the clickwrap agreement may be obtained at www.planplusglobal.com/client-terms; a copy of the Privacy Policy may be obtained at https://www.morningstar.com/company/privacycenter. If you provide your client with a hardcopy Test and know-your-client questionnaire, you will ensure that the same terms and conditions of use are brought to the notice of your Client and that your Client executes the declaration of acceptance and agreement in that questionnaire and that you will retain such signed acceptance in your Client’s file and provide a copy of such signed acceptance to Morningstar upon request. When you register a Client on the Websites, you will be required to provide a name, which may be a generic or fictitious name, and an email address (which may be generic or fictitious). If you provide us with your Client’s real name and/or email address, you must have your Client’s lawful consent to disclose their personal information to us, and you must provide your Client with a copy of (or refer them to) the Morningstar’s Privacy Policy, which is available at www.morningstar.com/company/privacy-center  You will at all times comply with all applicable privacy laws and regulations. You have not relied on any representation made by Morningstar, which has not been expressly stated in this Agreement. You agree to generally comply with the instructions and materials provided by Morningstar in the Documentation for the use of the Morningstar  Software. You acknowledge and agree that Morningstar may use the risk tolerance, demographic data and financial plans from your Clients for research and to further develop the Morningstar  Software, and may combine this data with similar data from other sources provided that any information which could identify a Client personally will have been removed from the data. Morningstar will use the email address(es) provided to send notices concerning the Morningstar  Software and its use, the Subscription agreement, Terms and Conditions and/or Privacy Policy. These notices may include information on updates to the Morningstar  Software that may be made available from time to time or information pertaining to the Subscription, including fees due. The Subscriber agrees that it will accept all electronic communications from Morningstar at the Subscriber’s email address and will not make any claims against Morningstar if it does not receive any such communications. The Subscriber agrees to notify Morningstar promptly if the Subscriber or a Subscribed Advisor’s email address changes.

PRIVACY STATEMENT

This Agreement must be read in conjunction with Morningstar’s full Privacy Policy, which includes a Privacy Statement for financial services industry participants (including Subscribed Advisors) trialling, supplying or commercially using the Morningstar  Software and a Privacy Statement for Clients of Subscribed Advisors (and/or authorized Client representatives using the Client Portal).

LINKED WEB SITES

The Websites may contain links to other web sites (“Linked Web Sites”). Morningstar is not responsible for the content or privacy practices associated with Linked Web Sites. Any links with Linked Web Sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Web Sites, or of any information, graphics, materials, products or services referred to or contained on those Linked Web Sites, unless and to the extent stipulated to the contrary. Such Linked Web Sites are visited at the Subscriber’s or the Subscribed Advisor’s own risk.

MODIFICATION, SUSPENSION OR TERMINATION

Morningstar may make changes to the Morningstar  Software without notification to Subscriber, Subscribed Advisors or Clients, except that if we are required by law to give the Subscriber and/or Subscribed Advisors’ or Clients prior notice of any change, the change will not take effect until the Subscriber and/or Subscribed Advisors and/or Clients have been notified. Morningstar may, in its sole and absolute discretion, suspend your access to the Morningstar  Software, in whole or in part, until further notice, with immediate effect:

  1. to periodically maintain or improve the Websites or SuitabilityPro Modules;
  2. to comply with any order, instruction or request of any government, or other competent judicial, administrative, or regulatory authority; or
  3. if Morningstar believes that there has been an unauthorized access of the Morningstar Software or any infringement of Morningstar’s Intellectual Property Rights.

Morningstar will endeavour, where possible to provide you with reasonable notice of such suspension. Whilst Morningstar will use its best endeavours to minimise disruption to the Morningstar  Software, unscheduled outages may occur from time to time. Morningstar may, in its sole and absolute discretion, immediately terminate this Agreement and the licence(s) and permission(s) to use the Morningstar  Software granted herein, without notice or liability (including for any refund or credit to the Subscriber), if we determine, acting reasonably, that:

  • you have breached any portion of or fails to comply with any obligations under this Agreement;
  • you have made any representation to Morningstar that is inaccurate; or
  • your use of the Morningstar  Software violates any applicable law or regulation or otherwise inhibits any other Subscriber from using or accessing the Morningstar  Software or Websites.

On termination of this Agreement for any reason, you must cease using the Morningstar  Software. None of the foregoing limits any other legal, equitable, or contractual rights available to Morningstar.

DISCLAIMER AND LIMITATION OF LIABILITY

Morningstar does not warrant that the Morningstar  Software is free from bugs, viruses, errors, or other program limitations and does not guarantee that the Morningstar  Software will be available for your use at the times or locations of your choosing. EXCEPT AS SET OUT BELOW, THE PARTIES AGREE TO EXCLUDE ANY:

  1. CONDITION OR WARRANTY WHICH WOULD OTHERWISE BE IMPLIED INTO THIS AGREEMENT, RELATING IN ANY WAY TO THE MORNINGSTAR SOFTWARE (TO THE EXTENT PERMITTED BY LAW);
  2. LIABILITY FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING FOR NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, EVEN IF FORESEEABLE ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT.  IN PARTICULAR, MORNINGSTAR WILL NOT BE LIABLE TO THE SUBSCRIBER OR ANY SUBSCRIBED ADVISOR OR ANYONE ELSE (INCLUDING ANY CLIENT OF AN ADVISOR) FOR ANY:
    1. LOSS OF PROFITS, SALES, BUSINESS OR REVENUE
    2. BUSINESS INTERRUPTION
    3. LOSS OF ANTICIPATED SAVINGS
    4. LOSS DUE TO UNAVAILABILITY OF SYSTEMS
    5. LOSS OF DATA
    6. LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION
    7. ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE

ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT, YOUR ACCESS TO OR USE OF (OR INABILLITY TO USE) THE MORNINGSTAR SOFTWARE, OR YOUR OR YOUR CLIENT’S RELIANCE ON THE INFORMATION AVAILABLE ON OR THROUGH THE MORNINGSTAR  SOFTWARE. Nothing in this Agreement excludes or limits liability for death or personal injury arising from negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be lawfully excluded. Where any legislation implies any condition or warranty into your use of or any arrangement arising out of your access to or use of the Morningstar Software that legislation prohibits exclusion of that condition or warranty, then that condition or warranty is included to the extent that such condition or warranty cannot be lawfully excluded. TO THE EXTENT PERMITTED BY LAW, MORNINGSTAR’S LIABILITY FOR BREACH OF ANY EXPRESS PROVISION OF THIS AGREEMENT OR ANY NON-EXCLUDABLE CONDITION OR WARRANTY IS LIMITED TO THE RE-SUPPLY OF OUR SERVICES. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL MORNINGSTAR’S AND/OR ITS REPRESENTATIVES TOTAL LIABILITY TO THE YOU, THE SUBSCRIBER, THE SUBSCRIBED ADVISORS AND/ OR TO A THIRD PARTY INCLUDING YOUR CLIENTS AND CLIENTS OF SUBSCRIBED ADVISORS FOR ANY AND ALL CLAIMS OR DAMAGES UNDER THIS AGREEMENT FOR ANY CAUSE WHATSOEVER (INCLUDING NEGLIGENCE) EXCEED THE TOTAL AMOUNT PAID FOR THE SUBSCRIPTION FOR THE PREVIOUS 12 MONTHS BEFORE THE OCCURRENCE RESULTING IN THE CLAIM OR DAMAGE. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Morningstar and you. Morningstar would not be able to have provided this Agreement or access to the Morningstar Software without such limitations.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Morningstar and its subsidiaries, affiliates, officers, directors, employees, agents and contractors from any and all claims, liability, damages and/or costs (including without limitation legal fees) arising from your failure to comply with this Agreement, and from any unauthorized use of the Morningstar  Software relating to or arising from you, or relating to or arising from, in any manner, any services or advice alleged to have been rendered or not rendered by you or on your behalf to any third party including Clients.

SPECIFIC WARNINGS

Details contained in this Agreement have been prepared in accordance with the laws of the Province of Ontario, Canada and may not satisfy the laws of any other country. It is your responsibility to determine whether the services provided by you as provided for under this Agreement are permitted under the laws of the jurisdiction where you reside.  If such services are not permitted, you may not access and use the Morningstar Software and you agree to indemnify Morningstar and its subsidiaries, affiliates, officers, directors, employees, agents and contractors from any and all claims, liability, damages and/or costs (including without limitation legal fees) arising from any claim brought against Morningstar or its subsidiaries, affiliates, officers, directors, employees, agents and contractors relating to your use of the Morningstar  Software and/or the Agreement being in breach of the applicable law. You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions, or to data or information contained on your equipment or on the Websites. We do not accept responsibility or liability of any nature for any such losses that you may sustain as a result of such activity. Morningstar will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your software or hardware, data or other proprietary material due to your use of the Morningstar Software or to your downloading of any content on it, or on any website linked to it. You must not misuse the Morningstar Software by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the MorningstarSoftware, the server on which the Morningstar Software is stored or any server, equipment or database connected to our Morningstar Software. You must not attack the Morningstar Software via a denial-of-service attack or a distributed denial-of service attack. In the event of such a breach, your right to use the Morningstar Software will cease immediately.

GENERAL PROVISIONS

Except as provided for herein, you acknowledge that this Agreement is a complete statement of the agreement between you and Morningstar regarding your access to and use of the Morningstar Software, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions regarding this Agreement. The representatives of Morningstar are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Morningstar, other than in writing signed by an officer of Morningstar. Accordingly, any such additional statements are not binding on Morningstar and you should not rely upon such statements. Morningstar may make changes to this Agreement, which will become effective on the next renewal of the Subscription by the Subscriber or acceptance by the Subscribed Advisor upon Logon. If you do not accept the changes, the only remedy is to not access to the Morningstar  Software, which you must do by notifying Morningstar as well as the Subscriber. If any provision or part provision of this Agreement is invalid, unenforceable or illegal for any reason, then it shall be deemed modified to the minimum extent necessary to make it valid, enforceable and legal.  If such modification is not possible, the relevant provision or part provision shall be deemed omitted and the remaining provisions will continue in full force and effect and the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible achieves the intended commercial result of the original provision. This Agreement is deemed entered into at Toronto, Province of Ontario, Canada and binding on you by you clicking “Accept” and shall be construed as to its fair meaning and not strictly for or against either party. This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), is to be governed by and interpreted in accordance with the laws of of the Province of Ontario, Canada and the parties agree to submit to the exclusive jurisdiction of the Courts of Toronto, Ontario and/or the Federal Court of Canada sitting in Toronto, Ontario, Canada as regards any dispute or claim or matter arising under this Agreement or in connection with its subject matter or formation (including non-contractual disputes or claims). The parties irrevocably attorn to the jurisdiction of the Courts of Toronto, Ontario and the Federal Court of Canada.  Notwithstanding this, in the event a Party wishes to seek injunctive relief with respect to any matter related to this Agreement either Party may seek such injunctive relief in a court of competent jurisdiction. The parties specifically disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. You agree that this Agreement may not be construed adversely against us solely because we prepared it.

In the event your place of residence or registered domicile of business are in Australia or New Zealand, the laws of New South Wales, Australia and the courts of Sydney will exclusively apply and all the aforementioned rights contained in these Terms and Conditions shall be assigned to Morningstar Australia Pty Ltd.

DEFINITIONS

“Advisor’s Planning Assumptions” are the assumptions selected by the Advisor to align the Morningstar Software to the Advisor’s professional judgement as set out in the Settings of the SuitabilityPro Modules. The Advisor’s Planning Assumptions include, but are not limited to, inputs for the Professional Judgement Matrix, the Advisor’s capital market assumptions (“Capital Market Assumptions”) and default solutions and investment policies (“Default Investment Policies”). “Documentation” means the training and technical resources at www.planplusglobal.com as set out under Support as amended from time-to-time. “Methodology” means Morningstar’s Intellectual Property used within the Morningstar Software and the processes for using the Morningstar Software as described in the Documentation. “Professional Judgement Matrix” means the process for using the Profiler as described in the Documentation in order to calculate the Suitability ScoreTM for a portfolio.

HOW TO CONTACT US

Notices and questions concerning the Agreement or the Subscribed Advisor’s use or access to the Morningstar Software, or any aspect of this Agreement including the Privacy Statement, may be directed to Morningstar by emailing us at privacyenquiries@morningstar.com

I have been using FinaMetrica for over 17 years for onboarding new clients. They like the extensive value of the reports; but what we appreciate is the innovations in technology, the value of the client-facing materials and the development of the life-long client relationships as I get to really know their behavioral tendencies. FinaMetrica has assisted me in building a very successful practice and we highly recommend it for any advisor who wants to enhance the overall value of their client relationships.

Ron Wilkinson - Portland, Oregon, USA
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