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Index Funds, Inc. Legal Notices The following terms and conditions govern your use and access of the indexfunds.com, website (the "Site".) By accessing, using, printing or downloading any material from the Site, you agree to use the Site in accordance with the terms and conditions stated herein. If you do not agree with the terms and conditions posted herein, you must exit the Site immediately and may not use or access the Site or print or download any materials from it. You may use and access the Site only in accordance with the terms and conditions contained herein. Please see the separate Privacy Policy for questions regarding the Site's privacy policy. Trademark Information: Index Funds, Inc. and the Index Funds logo are trademarks and service marks of Index Funds, Inc. in the United States. Other manufacturers' product and service names referenced herein may be trademarks and service marks of their respective companies. Index Funds, Inc. marks may not be used publicly except with express written permission from Index Funds, Inc. and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Index Funds, Inc. The Vanguard Group, Vanguard and the ship logo are registered trademarks, and Fund Access, VIPER, and VIPERs are trademarks of The Vanguard Group, Inc. All other marks are the exclusive property of their respective owners. Single Copy License: All of the materials on this Site, including text, graphics and software, that may be downloaded ("Materials"), are protected by copyright, and any unauthorized use of the Materials may violate copyright, trademark, and any other applicable laws. You may download the Materials onto a single computer for your personal, non-commercial internal use only. You may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) remove any copyright or other proprietary notice from the Materials; (c) transfer the Materials to another person; or (d) decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law. You agree to prevent any unauthorized copying of the Materials. This is a license to use and access the site, not a transfer of title. Any reproduction or redistribution of Materials not in accordance with this license is strictly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent of the law. Ownership of Materials: The Site and Materials on the Site are copyrighted by Index Funds, Inc. and are protected by worldwide copyright laws and treaty provisions. The Site and Materials may not be used, copied, modified, printed, or distributed in any way inconsistent with these terms and conditions without Index Funds' prior written approval. This means that you may not distribute the Materials, include the Materials on other servers or documents, or modify or reuse the Materials without the express written permission of Index Funds, Inc. However, you may, as expressly provided herein, print copies of the Materials for your own personal use, store the files on your own computer for your personal use, or reference hypertext documents on this Site from your own documents. Disclaimer of Warranty: YOU EXPRESSLY AGREE THAT USE OF THE SITE OR ANY OF THE MATERIALS IS AT YOUR OWN AND SOLE RISK. THE SITE AND ALL MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. Index Funds, Inc. MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR ANY OF THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Index Funds, Inc. MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN. YOU ALSO UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. Index Funds, Inc. MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTION ENTERED INTO THROUGH THE SERVICE AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY SELLERS OR THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Limitation of Liability: YOU AGREE TO HOLD INDEX FUNDS, INC, HARMLESS FROM, AND YOU COVENANT NOT TO SUE INDEX FUNDS, INC. FOR, ANY CLAIMS BASED ON USING THIS SITE OR ANY OF THE MATERIALS. INDEX FUNDS, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY ARISE FROM ANY PERSON'S USE OF THE SITE, OR ANY OF THE MATERIALS, EVEN IF Index Funds, Inc. HAS BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Chat Room Use: As a user of the Chat Room ("User"), you are responsible for your own communications and are responsible for the consequences of posting those communications, or any other information or materials on the Chat Room (collectively, the "Communications"). Index Funds, Inc. does not represent or guarantee the truthfulness, timeliness, accuracy, or reliability of any Communications posted by Users or endorse any opinions expressed by Users. User acknowledges that any reliance on Communications posted by other Users will be at User's own and sole risk. Index Funds, Inc. does not screen Communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User of Communications which allegedly do not conform to the terms and conditions set forth herein, Index Funds, Inc. may investigate the allegation and determine in good faith and in its sole discretion whether or not to remove the Communication. Index Funds, Inc. has no liability or responsibility to Users for performance or nonperformance of such activities, or for any acts or omissions of other Users. Index Funds, Inc. reserves the right to expel any User and prevent such User's further access to the Chat Room and Site for violating any of the terms and conditions set forth herein and reserves the right to remove any Communication which, in Index Funds, Inc. ' sole and absolute discretion, is abusive, illegal, disruptive or otherwise not appropriate for posting on the Site. In consideration of being allowed to use the Chat Room facilities provided by Index Funds, Inc. , you agree that you will not: (a) Use the Chat Room facilities for any purpose in violation of any applicable law, statute, regulation, ordinance, or treaty. (b) Post material for which you do not have the right to post. (c) Post material that reveals trade secrets or other confidential information of another person, unless you have the prior written permission of the owner. (d) Post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others. (e) Post material that is obscene, indecent, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other User, Index Funds, Inc. , or any other person or entity. (f) Post any sexually-explicit images. (g) Post advertisements or solicitations of business without Index Funds, Inc. ' prior written consent. (h) Disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed (unless it is clear that the discussion is free-form). (i) Post chain letters or pyramid schemes. (j) Impersonate another person. (k) Send unsolicited e-mail to any other User (aka spam). The Site has a strict no-spamming policy. User Submissions: Communications you transmit or post to this Site shall be deemed to be provided on a non-proprietary and non-confidential basis. Index Funds, Inc. shall have no obligation of any kind with respect to such Communications and shall be free to use or disseminate such Communications on an unrestricted basis for any purpose in the sole and absolute discretion of Index Funds, Inc. . By posting Communications, you grant: (a) to Index Funds, Inc. , a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, translate, distribute, perform and display those Communications alone or as part of other works in any form, media, or technology whether now known or hereafter developed and sublicense such rights through multiple tiers of sublicenses in any media now know or hereafter developed; and (b) to other Users, the right to access, view, store, and reproduce the Communications for personal use. You acknowledge that you are solely responsible for the Communications that you submit and bear full and exclusive responsibility for the legality, reliability and appropriateness of the Communications. Indemnity: You
agree to defend, indemnify, and hold harmless Index Funds, Inc.
, its officers, directors, shareholders, employees, independent
contractors and agents, from and against any and all claims, actions
or demands, including without limitation reasonable legal and accounting
fees, resulting or allegedly resulting from your use of this Site
or any of the Materials contained herein or your breach or threatened
breach of any of the terms and conditions set forth in these Legal
Notices. Links to Other Materials: This Site may from time to time
contain links to other sites. The linked sites may not be under
the control of Index Funds, Inc. and Index Funds, Inc. is not responsible
for the content of any linked site or any link contained in a linked
site. Index Funds, Inc. reserves the right to terminate any link
or linking program at any time for any reason, or to require any
link to link only to the Site's homepage. Index Funds, Inc. provides
links to other web sites as a convenience to its users. Index Funds,
Inc. does not endorse companies or products to which it links. If
you decide to access any of the third party sites linked to this
Site, you do so entirely at your own risk. Designation of Agent:
In accordance with Section 512 of the Digital Millennium Copyright
Act (the "Act"), Index Funds, Inc. has designated the following
individual to act as an agent to receive notifications of any claimed
infringements covered by the Act: In accordance with the Act, Index Funds, Inc. reserves the right at any time to implement a "notice and takedown" procedure as contemplated by the Act upon receipt of any notification of claimed infringement. Index Funds, Inc. reserves the right at any time to disable access to, or remove any material or activity accessible on the Site or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. Export Control: You agree and acknowledge that Materials on this Site may be subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities. Applicable Laws: This Site and all Materials contained herein is created and controlled by Index Funds, Inc. from its offices in Irvine, California. As such, the validity and enforcement of these legal notices shall be governed by the laws of California without reference to its choice of laws principles. In the event of any dispute between you and Index Funds, Inc. in connection with this Site or any of the Materials contained herein, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Irvine or Los Angeles, California. Index Funds, Inc. makes no representation that this Site or any of the Materials contained herein are appropriate or available for use in other locations, and access to the Site or any of the materials from territories where the content may be illegal or is otherwise prohibited. Those who choose to access the Site or any of the materials from such locations do so in compliance with all applicable local laws. |
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