Terms of Service

Acceptance of Terms of Service

Through www.libertyfund.org (the “Site”), Liberty Fund, Inc. (“Liberty Fund” or “we”) provides its on-line services (the “Services”) to you, subject to this Terms of Service Agreement (“Agreement”). We reserve the right to alter this Agreement at any time without notice to you. By using the Site, you agree to abide by this Agreement. By accessing and/or using the Site, you agree to comply with and be bound by the following Terms of Service (the “Terms”) and Liberty Fund’s Privacy Policy, as well as all applicable laws and regulations. IF YOU DO NOT AGREE WITH THE TERMS OR THE PRIVACY POLICY, YOU ARE NOT AUTHORIZED TO USE THE SITE.

Limited License

Much of the content that you read or see on the Site is copyrighted or otherwise protected and owned by us or a third party who licensed or granted to us the right to use such material. Unless otherwise expressly noted, nothing that you read or see on the Site may be copied or used except as provided in this Agreement or with the prior written approval of Liberty Fund.

We grant you permission to print individual pages from the Site, unless otherwise expressly noted, for your own personal, noncommercial use in learning about, evaluating or purchasing the services or products offered on the Site. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sale, transmit, upload, download, store, display in public, alter, modify or create derivative works of these materials. This grant of permission is not a transfer of title, and under this permission you may not:

  • use the materials for any commercial purpose, or for any public display (commercial or noncommercial);
  • remove any copyright, trademark or other proprietary notations from the materials; or
  • transfer the materials to another person or “mirror” the materials on any other server.

We make no warranties or representations to you that your use of any materials displayed on the Site will not infringe the rights of third parties.

Copyright Complaints

We respect the intellectual property of others, and we ask our content partners and users to do the same. If you believe that your copyrighted work has been impermissibly copied or used and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:

  1. An electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.
  2. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
  3. Identification of the location where the original or an authorized copy of the work exists, for example the URL (i.e., web page address) where it is posted or the name of the magazine in which it has been published.
  4. Identification of the URL or other specific location where the material that you claim is infringing is located, including enough information to allow us to locate the material.
  5. Your name, address, telephone number and email address.
  6. 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.
  7. A statement by you, made under the penalty of perjury that the above information in your notice is correct and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our agent for notice of claims of copyright infringement on the Site can be reached as follows:

David H. Hart
Liberty Fund Inc.
11301 N. Meridian Street
Carmel, Indiana 46032-4564

Third Party Web Sites

We may provide links and pointers to Internet sites maintained by others (“third party sites”).

We have not reviewed all of the third party sites linked to the Site and are not responsible for the content of or any products or services offered by such third-party sites. We take no responsibility for your dealings with, including any online or other purchases from, any third party sites. We shall not be liable for any loss or damage incurred by you in your dealings with third party sites.

Submitted Information

If you submit any information to us, including any comments, remarks, suggestions, ideas, notes, drawings, graphics, concepts, recipes, or other information, you are giving that information, and all your rights in it, to us free of charge, and that information will be treated as non-confidential and nonproprietary and may be used by us for any purpose, without your consent or any compensation to you or anyone else. This is true whether you submit such information to us by e-mail, through a form on the Site, on a bulletin board, or in any other manner.

Through your usage of the Site, you may submit and/or we may gather certain limited information about you and your web site usage. We are free to use such information for any purpose it deems appropriate, including marketing purposes.

No Warranties

LIBERTY FUND AND ITS PARTNERS DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE NOR MAKE ANY WARRANTY AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICES. WE DO NOT GUARANTEE CONNECTIVITY AT ANY TIME, FOR ANY LENGTH OF TIME OR AT ANY SPEED. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES WHATSOEVER (EITHER EXPRESS OR IMPLIED), INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH LIBERTY FUND OR THE INTERNET, SYSTEM INTEGRATION, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY INTERNET SERVICE OR LIBERTY FUND’S SERVICES IN PARTICULAR. NO ORAL ADVICE OR WRITTEN (INCLUDING ELECTRONIC) INFORMATION PROVIDED BY LIBERTY FUND, ITS EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS OR AUTHORIZED USERS WILL CREATE A WARRANTY, NOR SHOULD YOU RELY ON ANY SUCH ADVICE OR INFORMATION. LIBERTY FUND AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, LIBERTY FUND’S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.

Limitation Of Liability

WE SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES; YOUR RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICES, OR THE MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICES; THE USE OF THE EQUIPMENT OR SERVICES BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET. THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF LIBERTY FUND, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST US IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.

Indemnity

You shall indemnify, defend and hold Liberty Fund, and its subsidiaries, affiliates and their respective officers, directors, employees and agents and co-branders or other partners harmless from and against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney’s fees and expenses that Liberty Fund may sustain or incur by reason of (i) any breach or alleged breach of any term or condition of this Agreement or incorporated agreements arising from your use of the Site and any of the Services or information offered thereon including, without limitation, your dissemination of any information on the Site, due to or arising out of content you submit, post, transmit or make available through the Site, and/or your violation of this Agreement, and/or (ii) your violation of any rights of another.

United States Only

All materials on this Site are provided solely for the purpose of promoting our operations and products in the United States and its territories, possessions and protectorates. We make no representation that the materials on the Site are appropriate or available for use in other locations. If despite these conditions, you use the Site from outside the United States, you are solely responsible for compliance with any applicable local laws.

Trademarks, Trade Names, and Service Marks

Unless otherwise indicated, all logos, names, package designs, and marks on the Site are trademarks or service marks owned or used under license by us. The use or misuse of any of these marks or other information is strictly prohibited.

Modification and Termination of This Agreement

We may modify this Agreement at any time without notice to you. We may terminate this agreement, terminate your access to all or part of the Site, or suspend any user’s access to all or part of the Site, at any time, without notice to you, if we believe, in our sole judgment, that you have breached or may breach any term or condition of this agreement, or for its convenience. You may terminate this agreement at any time by destroying all materials received from the Site and ceasing to use the Site.

Notice

Notices may be posted to the Site. Any party seeking to report any other potential violations of their rights or of this Agreement or otherwise may contact us via email at webmaster@libertyfund.org

Jurisdiction

This Agreement shall be governed by the laws of the State of Indiana. User shall submit to the personal and exclusive jurisdiction of the state and federal courts located within Marion County, Indiana or the City of Indianapolis in the State of Indiana.

Miscellaneous

This Agreement and our other agreements and policies posted on the Site constitute the entire agreement between you and us with respect to your use of the Service and use of the Site. We may revise, amend, or modify the Agreement at any time and in any manner. Notice of any revision, amendment, or modification will be posted on the Site and/or on your start pages and/or by email and/or in our various publications and mailings to you. You may agree to other terms and conditions by virtue of offers made to you by communicating with advertisers or by access to certain services offered in and through the Site. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. If any provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired. Any claim arising under the terms of this Agreement must be brought within one (1) year after such claim or cause of action arose or be forever barred.

You may not assign your rights or delegate any of your duties under this Agreement. Nothing in this Agreement or in the understanding of the parties construes upon the parties the status of agency, partnership, or other form of joint enterprise between the parties. We may subcontract any work, obligations or other performance required of us under this Agreement without your consent.

The failure of either you or Liberty Fund to insist upon or enforce strict performance by the other of any provision of the Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between you and Liberty Fund nor trade practice will act to modify any provision of the Agreement.

Violations

Any party seeking to report any other known or suspected violations of this Agreement or otherwise may contact Liberty Fund via email at webmaster@libertyfund.org. You can reach us by posted mail at:

Liberty Fund, Inc.
Attn: Customer Service
11301 N. Meridian Street
Carmel, Indiana 46032-4564