Terms of Use Agreement

Thank you for visiting The Clowes Fund, Inc. (the “Fund”), website (the “Site”). Like many other websites, this Site has rules (“terms of use”) that apply to your use of the Site. By using the Site, you agree to comply with and be bound by all terms, conditions, and notices contained or referenced in this Terms of Use Agreement (the “Agreement”), which includes the Privacy Policy. Please review this Agreement carefully. If you do not agree with its terms of use or the Privacy Policy, please exit the Site immediately.

Changes to the Agreement

We reserve the right to change the Agreement or Privacy Policy from time to time. If we make any substantial changes, we will notify you by posting a prominent announcement on our home page and by posting the date of the most recent revisions to the Agreement on this page. We urge you to review the Agreement from time to time, as your continued use of the Site indicates your agreement to the revised terms. Any changes to the Agreement will become effective immediately upon being posted on the Site, unless otherwise indicated.

Copyrights

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.

Trademarks

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.

Submissions

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.

Prohibited Behavior

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

This Site contains links to websites operated by third parties (“Third Party Sites”) that are not under the Fund’s influence or control. As such, the Fund is not responsible for content of Third Party Sites. We provide links to Third Party Sites only as a courtesy to our visitors, and such links do not imply our endorsement or support of any linked Third Party Site, the content on the Third Party Site, any organization sponsoring or participating on the Third Party Site, or any product or service offered through the Third Party Site. Any mention on this Site of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation. The Fund makes no representations and assumes no responsibility whatsoever for any third party content, any content that you may access from a Third Party Site through subsequent links, or any content from any website from which you may access this Site. A link to a Third Party Site is not intended as an endorsement of any views that might be expressed or referenced in the Third Party Site. Our Privacy Policy is only applicable to this Site, and does not apply to linked Third Party Sites. Please review the linked Third Party Site’s terms of use and privacy policies, and if you do not agree to be bound by the terms or policies governing the linked site, we recommend that you terminate your visit to the Third Party Site.

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.

Indemnification

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.

International Use

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.

Security Precautions

The information and services provided through the Site are protected using industry standard security precautions. It is up to you to fully understand the risks and threats of using the public Internet, and to be sufficiently aware of those risks to adequately protect your confidential information. The Fund provides some information regarding Security and Privacy in our Privacy Policy. This document is provided as a guideline, but it is up to the user to remain current and exercise care when using the Internet. You should seek professional advice on protecting your privacy and evaluating the security of the information systems you are using.

Choice of Law and Remedies

This agreement shall, for all domestic and international purposes, by governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of Indiana, U.S.A., without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of the Site shall be filed only in the state or federal courts located in the State of Indiana, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any claim or action between you and the Fund with respect to this Agreement, the Privacy Policy, or the Site, you agree that the Fund will be entitled to recover its costs and expenses (including attorney’s fees), in addition to any other remedy available at law, in equity, or otherwise, if the Fund is successful in the prosecution or defense of such claim or action.

Entire Agreement

This Agreement and our Privacy Policy constitute the entire agreement between you and the Fund with respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to the Site. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect. The section headings used in this Agreement are for convenience only and shall not be given any legal import.

Acceptance of Terms of Use and Privacy Policy

You have read and accept the terms of this Agreement and our Privacy Policy.

The Clowes Fund, Inc.
Attention: Website Terms of Use
P.O. Box 44233
Indianapolis, IN 46244

Updated September 10, 2024