Changes to the Agreement
You acknowledge that all materials, information, images, products, and services (the “content”) available on this Site, including the selection, coordination, arrangement, and enhancement of such content, as well as content original to it, are protected by national and international copyright, trademark, service mark, patent, patent registration, trade secret, know-how, or other proprietary rights and laws. In many cases, the Fund owns the content. In other cases, the Fund has obtained permission from the owner or rights-holder (a “licensor”) of the intellectual property to use the content on this Site. The Fund and its licensors retain exclusive ownership and/or rights over all content viewed or accessed on the Site. You may only use the Site or its contents as expressly permitted in this Agreement and for no other purpose.
Unless otherwise indicated, all logos, names, package designs, and marks on the Site are trademarks or service marks of the Fund or used under license by the Fund. Other product and company names mentioned on the Site may be trademarks or service marks of their respective owners. The unauthorized use of any of these materials is strictly prohibited.
A Limited Right to Use
You agree to use the Site or its contents for lawful purposes and only as expressly permitted in this Agreement and for no other purpose. Except where otherwise noted, the viewing, downloading, or printing of individual pages, graphics, forms, documents, or other content from the Site grants you a limited, nonexclusive license for use solely by you for your own personal, noncommercial purpose and not for sale, license, rent distribution, republication, reproduction, transmission, public display or performance, preparation of derivative works, or any other exploitation of the Site’s content, in whole or in part. You may not retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without the Fund’s prior, written authorization. We post copyright, legal, and other proprietary notices on the Site’s webpages. The notices or credits must remain intact and must not be removed. The fund may revoke this license at any time.
This Fund welcomes your feedback regarding the Site’s programs and content. If you elect to submit content to the Site (“Submissions”), you grant the Fund and its licensees the right t use, reproduce, display, perform, adapt, modify, distribute, and promote the content in any form, anywhere, and for any purpose. You also warrant and represent that your won or otherwise control all of the rights to the content you submit to the Site and that the Fund’s public posting and use of your content will not infringe or violate the rights of any third party. The Fund reserves the right to delete all or part of any Submission, for any reason or for no reason at all, without your consent. The Fund shall not be obligated to use or disclose any of the Submissions.
Any use of the content contained in the Site in any manner that may express or imply endorsement, sponsorship, affiliation, or association of the visitor by the Fund is strictly prohibited. You agree that you will not transmit through the Site any material which (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law; or (iv) without the Fund’s express prior approval, contains advertising or any solicitation with respect to products or services. You also agree not to submit or transmit any material protected by copyright, trademark, or other proprietary rights for such submissions or transmissions and for the Fund’s subsequent use of the material provided in this Agreement. The burden of determining that such material is not protected by copyright, trademark, or other proprietary rights rest with you.
Linking to Third Party Websites
Unauthorized Use and Termination
You agree to use the Site only for authorized and legal activity. Unauthorized use of this Site include unauthorized linking or framing to the Site without the prior, written authorization of the Fund. You also agree not to “deep-link” to any of the Site’s internal webpages for any purpose, unless you are specifically authorized by the Fund to do so. Any unauthorized use of the Site may result in criminal and/or civil prosecution. The Fund reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with our without notice, and for any reason whatsoever.
Disclaimer of Warranties
You expressly agree that all content included in or available through the Site is provided on an “as is” and “as available” basis for your use and that you use this site and any content you choose to download at your sole risk. The content is provided without warranties of any kind, either expressly or by implication, including, but not limited to, warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose or otherwise, other than those warranties which are incapable of exclusion, restriction, or modification under applicable law. Neither the Fund, nor its employees, officers, directors, members, agents, consultants, contractors, or licensors, make any warranty that the content of the Site or any service provided through it, is accurate, reliable or correct; that the Site, or any linked Third Party Site, will be available at any particular time or location; that any defects or errors will be corrected; that the content is free of viruses or other harmful components; or that you will achieve successful results from following any instructions, directions, or recommendations on the Site.
Limitation of Liability
Under no circumstances shall the Fund, or its employees, officers, directors, members, agents, consultants, contractors, or licensors, be liable for any damages in law or in equity, including without limitation direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, the Site or from the content available on the Site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis even if we have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law.
You agree to defend, indemnify, and hold the Fund and its employees, officers, directors, members, agents, contractors, and licensors harmless from and against any and all liabilities, claims, and expenses, including attorney’s fees, that arise from your use of the Site or its content, including without limitation, your violation of the Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses.
By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. The Fund makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where such activity is illegal is strictly prohibited.
Choice of Law and Remedies
The Clowes Fund, Inc.
Attention: Web Site
320 North Meridian Street, Suite 316
Indianapolis, IN 46204-1722
Fax: 317-833-0145 or 800-943-7286
Updated August 4, 2005