Terms and Conditions of Use
These Terms and Conditions of Use describe important information applicable to the use of the hueler.com website ("Website",) and related subscription services, which are owned by Hueler Analytics, Inc., Hueler Companies, Inc., K.H. Hueler, Inc. or their affiliates ("Hueler"). Hueler’s related subscriptions services include Hueler Analytics Pooled Fund Comparative Universe Reports, Hueler’s various indices, and Hueler Analytics Stable Value Compass, along with other services provided by Hueler employees or agents. The Website and all such services are collectively the "Services" in these Terms and Conditions. These terms and conditions apply not only to you and your employer, but to anyone acting on your behalf, such as an agent, employee, or advisor (hereafter, "you" or "your”).
Before proceeding, you need to read and agree to the terms and conditions below, which then becomes a binding contract between you and Hueler.
You expressly understand and agree that:
1. Use of Data and Information Obtained from the Services.
By using the Services, you understand and agree that all data provided by Hueler to you ("Data",) belongs solely to Hueler and you cannot use the Data except internally within your business organization for internal analysis purposes. Except as expressly permitted in a written agreement signed by Hueler, you will keep the Data confidential and will not disclose it or allow it to be disclosed outside of your own business organization, or transfer or assign it to others.
2. Conditions on Use of the Services.
Your use of the Services is at your own risk and subject to all of the following restrictions and conditions:
- You understand that Hueler reserves the right to monitor all activities on the Website in an effort to provide reasonable security to our users and business partners;
- Information obtained from the Services, including the Data, cannot be redistributed without Hueler’s written consent. Providing Data to any other person or entity violates your agreement with Hueler and Hueler's rights to the Data; and
3. Third Party Responsibility.
Hueler does not control or guarantee actions by third parties. Accordingly, you understand and agree that:
- Hueler does not guarantee any information provided by a third party;
- Any information provided to you by a third party has been prepared solely by that third party;
- Hueler will not review the third party-provided information and you agree that Hueler is not responsible or liable for its content; and
- The Website may be linked from, or contain links to, third party websites and services that are not owned or controlled by Hueler, and it has no control over them, and it assumes no responsibility for anything relating to third party websites or Services, and so you waive any claims against Hueler relating to or arising out of your use of third party websites or services.
4. Limitations on Hueler Liability.
By using the Services or using the Data, you agree that Hueler’s liability is limited as follows:
- Because Hueler compiles the Data from information obtained from external sources which cannot be independently verified, Hueler does not warrant or guaranty its accuracy, timeliness or completeness;
- Hueler provides no warranties or guarantees about the Services or Data, including express or implied warranties of accuracy, timeliness, completeness, delay, merchantability and fitness for a particular purpose, and you accept the Services and Data and your use "as is" and "as available;"
- To the fullest extent permitted by law, and except for intentional acts or gross negligence, you waive any claims against Hueler relating to or arising out of the Services, the Data or their performance, whether in contract, tort, statutory or otherwise, and Hueler is not liable for your use or inability to use the Services, the Data or any damages caused by them;
- Hueler is not liable for direct, indirect, consequential, incidental or special damages under any theory of recovery, regardless of their foreseeability, and any damages you may have are limited to the fees Hueler has earned by your use of the Services, the Data or the Website;
- Hueler is not liable for any damages caused by others, including those providing services or products through the Services or the Data;
- Hueler is not responsible for any reports you or others may create from the Data, whether by the use of Hueler-provided tools or by other means or methods; and
- To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Hueler from any losses, damages, claims, actions, suits, or demands, (including reasonable attorneys' fees) which are asserted against or imposed upon or suffered by Hueler as a result of your acts, omissions or breach of this Agreement, or your use of the Services, the Data or the Website.
5. Governing Law and Venue.
You agree that this Agreement is made in, governed by and construed in accordance with the laws of the State of Minnesota without reference to choice of law principles and you expressly consent to exclusive jurisdiction and venue of the courts of Hennepin County, Minnesota.
6. Entire Agreement, No Additional Terms.
You agree that this is the entire Agreement concerning your use of the Services or the Data and it supersedes any other communications and or agreements concerning it and that this Agreement cannot be amended without Hueler’s consent.
7. Other Provisions.
You understand and agree:
Date Last Modified: 12/17/2018 12:17:42 PM
- Neither this Agreement nor any part may be assigned, sublicensed or otherwise transferred by you without Hueler's prior written consent;
- This Agreement is binding upon and shall inure to the benefit of the legal successors and assigns of the parties;
- If any provision of this Agreement is found to be void, invalid, unenforceable or illegal, the validity and enforceability of the other provisions will not be affected and any unenforceable provision shall be modified and interpreted so as to best accomplish the intent of such provision;
- Neither party shall be deemed to be liable for any provisions under this Agreement for failures in performance resulting from acts or events beyond the reasonable control of the party, including without limitation telecommunications and data processing failures, equipment failures, sabotage, computer intrusions, distributed denial of service attacks, or other causes;
- Failure to enforce any provision of this Agreement is not a waiver of the provision or of the right to enforce the provision later; and
- These terms and conditions may change without notice and you agree to be bound by any changed terms upon their posting unless you inform us otherwise in writing.