Terms of Use
The web site located at www.winslowcapital.com ("Web Site") and the mobile software applications ("Mobile Apps") developed, distributed or owned by Winslow Capital Management, LLC, or one of its U.S. subsidiaries or investment specialists (collectively "Winslow Capital," "we," "our,", "us") are referred to herein collectively as the "Web Site/Mobile Apps." Please read these terms and conditions of use ("Terms") carefully before using the Web Site/Mobile Apps or any of the information or services provided by Winslow Capital Management in connection with the Web Site/Mobile Apps. By using the Web Site/Mobile Apps, you acknowledge that you have read and understood these Terms and accept and agree to be legally bound by them. If you do not accept and agree to these Terms, you are not an authorized user of the Web Site/Mobile Apps or any of the information or services provided by Winslow Capital Management in connection with the Web Site/Mobile Apps and should promptly terminate all use thereof. The term Web Site includes any other web site owned, operated, licensed, or controlled by Winslow Capital Management. The term Mobile Apps includes any updates and supplements to the original Mobile App provided to you by Winslow Capital Management. The terms "you" and "your" mean you and any entity you may represent in connection with the use of the Web Site/Mobile Apps. These Terms are in addition to any other agreements between you and Winslow Capital Management, including any customer or account agreements, and any other agreements that govern your use of information, content, tools, products and services available on and through the Web Site/Mobile Apps. You may use your browser to download or print a copy of these Terms for your records.
These Terms were last updated on February 6, 2018.
Winslow Capital Management reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms at any time. We suggest that you check these Terms periodically for changes. The Terms can be accessed from a link at the bottom of the pages of the Web Site/Mobile Apps. Any changes, modifications, additions to, or deletions from these Terms shall be effective immediately upon posting on the Web Site/Mobile Apps. You acknowledge that, by using the Web Site/Mobile Apps after we post changes to these Terms, you accept and agree to be legally bound by these Terms as changed. Winslow Capital Management may also from time to time offer other services that are governed by different terms and conditions.
No Offer or Advice
The Web Site/Mobile Apps and their content are provided for informational and educational purposes only. Nothing on the Web Site/Mobile Apps constitutes a recommendation, solicitation or offer by Winslow Capital Management to sell or buy any security or investment product or service. The Web Site/Mobile Apps does not, and it is not intended to, provide any financial, investment, retirement planning, insurance, legal, accounting or tax advice. You are solely responsible for determining whether any investment, investment strategy, security or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. The Web Site/Mobile Apps should not be used or relied upon by you as a substitute for independent research or professional tax, financial or legal advice. You should seek such professional tax, financial or legal advice for your specific situation. You acknowledge that your requests for information in connection with the Web Site/Mobile Apps are unsolicited.
Before acquiring the shares of any investment fund by purchase or exchange, it is your responsibility to read the fund's prospectus or offering materials. For more information on any fund, contact your registered representative (financial professional) or download a prospectus by clicking on the applicable link appearing throughout the Web Site/Mobile Apps. Prospectuses contain more complete information on advisory fees, distribution charges, and other expenses, and should be read carefully before investing or sending money. Past performance does not guarantee future results. Please remember that there is no assurance that the objective of any fund will be achieved. Please also note that investment return and principal value will fluctuate. All investments involve risks and may lose value. An investment in a fund or other investment product is not a bank deposit and is not insured or guaranteed by the Federal Deposit Insurance Corporation or any other government agency.
Jurisdiction
Unless otherwise specified, Winslow Capital Management controls, operates and services the Web Site/Mobile Apps from its offices within the United States. The services and products described and information provided through the Web Site/Mobile Apps are directed to and are intended to be made available only to persons in the United States and 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 law or regulation, or which would subject Winslow Capital Management or any of its investment products or services to any registration requirement within such jurisdiction or country. Persons who access the Web Site/Mobile Apps do so on their own initiative, and are responsible for compliance with applicable local laws and regulations.
Access to Web Site/Mobile Apps and Content
Winslow Capital Management reserves the right, in its sole discretion, to withdraw access to or modify any of the information, tools, content or services provided in connection with the Web Site/Mobile Apps (the "Content") at any time without providing notice to you. All Content is presented as of the date published or indicated, and may become inaccurate as a result of subsequent market events or for other reasons. Although Winslow Capital Management makes every attempt to provide accurate and timely Content, Winslow Capital Management does not guarantee or ensure the accuracy, completeness, currency or authenticity of any Content or functionality, or transmission of any Content from the Web Site/Mobile Apps to you. Furthermore, you are solely responsible for making sure that you are receiving up-to-date Content from the Web Site/Mobile Apps, including, but not limited to, by properly using the "Update Content" function on the Mobile Apps while you are connected to the internet or by appropriately setting cache settings on your web browser. Winslow Capital Management may withdraw access to or modify any of the investment products and services described on the Web Site/Mobile Apps at any time without providing notice to you.
Trademarks, Copyrights and other Intellectual Property
All Content is owned or licensed by Winslow Capital Management and its third-party information providers and is protected by applicable copyrights, trademarks, service marks and/or other intellectual property rights. All Content is solely for your personal, non-commercial use or that of your clients. Accordingly, you may not copy, reproduce, modify, sell, reuse, republish, post, frame, deep link, transmit, display, distribute or use for any commercial or unlawful purpose any Content, including, without limitation, any text, images, video, audio, code, user interface design or logos on the Web Site/Mobile Apps, without Winslow Capital Management's express prior written permission. If permitted by the Web Site/Mobile Apps, you may download Content for your personal use or that of your clients so long as you retain all copyright and other proprietary notices set forth in the Content. Please note that, notwithstanding the foregoing, if you have access to Content that is marked for use by financial professionals only, then you are not permitted to disclose such Content to your clients and your clients are not permitted to use such Content in any way. Any unauthorized use of Content violates the intellectual property rights of Winslow Capital Management and may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
All trademarks, service marks, trade names, and logos ("Marks") displayed on the Web Site/Mobile Apps are proprietary to Winslow Capital Management and/or any respective third-party owners. Nothing contained on the Web Site/Mobile Apps should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on the Web Site/Mobile Apps without the express prior written permission of Winslow Capital Management or such other third-party owner. Your use of the Marks displayed on the Web Site/Mobile Apps, except as provided herein, is strictly prohibited.
Limited License and Mobile Apps Access; All Rights Reserved
Winslow Capital Management hereby grants you a limited, non-exclusive, non-transferable and revocable license to access and make personal use of the Mobile Apps. Winslow Capital Management owns all intellectual property and proprietary rights in and to the Mobile Apps. Your limited, non-exclusive, non-transferable and revocable license to use the Mobile Apps confers no title or ownership in or to the Mobile Apps or any portion of them and shall not be deemed or construed a sale or other conveyance of any right in the Mobile Apps or any portion of them other than the specific rights provided hereby. The Mobile Apps are licensed to you; they are not being sold. You may install, use, access, display, run or otherwise interact with one copy of each Mobile App, or any prior version for the same application, on a single computer, workstation, terminal, handheld PC, "tablet," "smart phone," or other digital electronic device. Your limited, non-exclusive, non-transferable and revocable license to use the Mobile Apps may be suspended or terminated by Winslow Capital Management at any time for any reason, without prior notice. Upon any prohibited use of the Mobile Apps by you, including, but not limited to, those described below, your limited, non-exclusive, non-transferable and revocable license to use the Mobile Apps shall be immediately and automatically terminated.
The Mobile Apps are protected by copyright laws, including international copyright treaties, as well as other intellectual property laws and treaties. We (and/or any third party that holds any rights in the Mobile Apps and/or any Content) retain all right, title, and interest in the Mobile Apps and the Content, including any and all intellectual property and proprietary rights therein. To the extent any third party holds any rights in the Mobile Apps and/or any Content, such third party may protect its rights in and to any such Mobile App or Content and may enforce its rights separately from any rights or enforcement of or by Winslow Capital Management. We (and/or any third party that holds any rights in the Mobile Apps and/or any Content) reserve all rights not expressly granted herein.
You may not download, export, or re-export the Mobile Apps or any part of them (a) into, or to a national or resident of, any country to which the United States has embargoed goods, or (b) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Mobile Apps, you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. You further acknowledge and agree that any use by or for you of the Mobile Apps shall comply with all export control laws including without limitation the Export Administration Regulations ("EAR"), International Traffic in Arms Regulations ("ITAR"), and regulations and orders administered by the Treasury Department's Office of Foreign Assets Control.
Prohibited Uses
Any use or attempted use of the Web Site/Mobile Apps (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) that could interfere with any other party's use and enjoyment of the Web Site/Mobile Apps, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Winslow Capital Management to be made accessible to a user by hacking or any other means, or (vi) to obtain or attempt to obtain any materials or information through any means not intentionally made available by Winslow Capital Management, or (vii) for any use other than the purpose for which it was intended, is prohibited.
In addition, users and visitors of the Web Site/Mobile Apps may not, without Winslow Capital Management's express prior written permission:
- copy, reproduce, republish, upload, post, transmit, or distribute in any way Content in any manner inconsistent with the purposes for which it is offered by Winslow Capital Management to its customers, prospective customers or members of the general public;
- copy, modify, or display Winslow Capital Management's name or logo, or any text, graphic images, or other Content;
- redeliver any of the pages, text, images, or other Content using "framing" technology;
- use devices (including software) that are designed to provide repeated automated access to the Web Site/Mobile Apps other than those made generally available by Winslow Capital Management;
- deep link or employ software or any automatic device, technology or algorithm, to "crawl," "scrape," search or monitor the Web Site/Mobile Apps, provided that generally available third-party web browsers may be used without Winslow Capital Management's authorization;
- include "Winslow Capital Management" or any other Winslow Capital Management trademark, the name of any Winslow Capital Management personnel, or any variation of any of the foregoing, as a metatag, hidden textual element, or any other indicator that may create a false or misleading impression of affiliation, sponsorship, or endorsement between any user and/or site and Winslow Capital Management;
- collect or store personal data about other users of the Web Site/Mobile Apps;
- upload, email or otherwise transmit to the Web Site/Mobile Apps any material that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software or hardware of file communications equipment that is owned, leased or used by Winslow Capital Management;
- resell or provide commercial use of the Web Site/Mobile Apps or the Content, or create any derivative use of the Web Site/Mobile Apps or the content therein;
- make use of any data mining, robots, or similar data gathering and extraction tools; or
- reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit for any commercial purpose the Web Site/Mobile Apps.
Winslow Capital Management reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user's access and/or account. Winslow Capital Management may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Winslow Capital Management Privacy notice, Winslow Capital Management reserves the right at all times to disclose any information as Winslow Capital Management deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Winslow Capital Management's sole discretion.
Links to Winslow Capital Management's Website from Other Websites
You shall not display hyperlinks on your websites to any website owned or operated by Winslow Capital Management, including the Web Site. If you desire to display on your website a hyperlink to the Web Site, you must enter into a written agreement with Winslow Capital Management governing such display. To submit a request to display hyperlinks on your websites to the Web Site, please contact us.
Transmissions to and From this Website
Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from the Web Site/Mobile Apps may not be secure or confidential. Winslow Capital Management makes no representation whatsoever concerning the security or confidentiality of your electronic communications and specifically makes no representation that any electronic communications transmitted to the Web Site/Mobile Apps will be received by Winslow Capital Management. Communications to Winslow Capital Management, particularly those containing confidential information, may be sent by mail to: Winslow Capital Management, LLC, 333 West Wacker Dr., Chicago, IL 60606, Attn: Webmaster. Subject to our Privacy notice, any electronic communications you transmit to the Web Site/Mobile Apps, including, but not limited to, data, questions, comments or suggestions, will be treated by Winslow Capital Management as nonconfidential and nonproprietary. Any such communications, including any ideas, concepts, know-how, or techniques contained therein, may be used by Winslow Capital Management for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. You hereby waive all rights to any claim against Winslow Capital Management for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with electronic communications you transmit to the Web Site/Mobile Apps.
Email and Marketing
Financial professionals who complete the registration process to access information on the Web Site/Mobile Apps that is restricted to financial professionals are at the same time granting Winslow Capital Management permission to send them e-mail messages for marketing and general communication purposes at the e-mail address they have provided. This service may be discontinued at any time by responding to the email with "Unsubscribe" in the subject line or by using the Contact Us feature on the Web Site/Mobile Apps to notify us of your desire not to receive such communications.
Copyright Agent
Winslow Capital Management respects the intellectual property rights of others, and we ask all those that access the Web Site/Mobile Apps to do the same. Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Winslow Capital Management designates an agent, as described below, to receive notifications of claimed infringement. If you reasonably believe that your work has been copied in a way that constitutes copyright infringement, please provide Winslow Capital Management's Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Web Site/Mobile Apps;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Winslow Capital Management's Legal Department is its Copyright Agent for notice of claims of copyright infringement on its site. Winslow Capital Management's Legal Department address is: Winslow Capital Management Legal Department – Copyright, 333 W. Wacker Dr., Chicago, IL 60606.
Connection Requirements; Passwords and Security
To ensure a high level of confidentiality and security, Winslow Capital Management maintains physical, electronic and procedural safeguards that meet or exceed federal standards. However, you are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use the Web Site/Mobile Apps, and Winslow Capital Management reserves the right to change the access configuration of the Web Site/Mobile Apps at any time without prior notice. The Mobile Apps should be accessible on currently supported iPad® devices. iPad® is a registered trademark of Apple Inc. Please note that wireless networks and Wi-Fi network speeds vary by provider and geographic location. We are not responsible for limitations of such services used to access the Web Site/Mobile Apps.
The Mobile Apps will provide you with general information about Winslow Capital Management and its products and services. To access detailed information about certain Winslow Capital Management accounts you may be enrolled or subscribe to, an internet link within the Mobile App will direct you to the appropriate login page of the Web Site. From there, you must provide your login credentials to access available account information. To access password-protected content on the Web Site, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and user name. You are entirely responsible for maintaining the confidentiality of your login credentials and for any and all activities that occur while logged in or accessing personal account information through the third-party links provided on the Web Site. You will be logged out of certain secure portions of the Web Site after a period of inactivity, at which time you will be required to re-enter your credentials to access secure information. You agree to (a) immediately notify Winslow Capital Management of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. WINSLOW CAPITAL MANAGEMENT WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. HOWEVER, YOU COULD BE HELD LIABLE FOR LOSSES INCURRED BY WINSLOW CAPITAL MANAGEMENT OR ANOTHER PARTY DUE TO SOMEONE ELSE USING YOUR ACCOUNT OR PASSWORD. YOU MAY NOT USE ANYONE ELSE'S ACCOUNT AT ANY TIME.
Privacy
For information on how Winslow Capital Management uses and protects the personal information you may provide in and to the Web Site/Mobile Apps, please read Winslow Capital Management's
Privacy notice.
Winslow Capital Management will gather personal information when you complete the Web Site registration form, subscribe to weekly commentary or other marketing collateral or order literature from the Web Site. We also collect general tracking information through our Web Site/Mobile Apps, such as which pages are viewed at which times, automatically through our web server software. The tracking information is used to give us a summary view of how our Web Site/Mobile Apps are used. Currently, we track IP addresses and Mobile App installation IDs of our users on the Web Site and within the Mobile Apps in order to provide us with information that will improve our services and help us analyze the data to determine customer interest.
We may conduct surveys regarding our products and services, including the operation of our Web Site/Mobile Apps. The information you provide is used only on an aggregated basis and is analyzed only to help improve our products and services and for company management and planning purposes. You will not receive communications as a result of your participation in one of our surveys if you notify us not to contact you.