Terms of Use of Institute for Financial Literacy Online Services
Acceptance of Terms
Institute for Financial Literacy ("IFL") makes this web site
(the "Site"), including all information, documents, communications,
files, text, graphics, software, and products available through the Site
(collectively, the "Materials") and all services operated by
IFL and third parties through the Site (collectively, the "Services"),
available for your use subject to the terms and conditions set forth in
this document and any changes to this document that IFL may publish from
time to time (collectively, the "Terms of Use").
By accessing or using this Site in any way, including, without limitation,
use of any of the Services, downloading of any Materials, or merely browsing
the Site, you agree to and are bound by the Terms of Use.
IFL
reserves the right to change the Terms of Use and other guidelines or rules
posted on the Site from time to time at its sole discretion, and will provide
notice of material changes on the home page of the Site. Your continued
use of the Site, or any Materials or Services accessible through it, after
such notice has been posted constitutes your acceptance of the changes.
Your use of the Site will be subject to the most current version of the
Terms of Use, rules, and guidelines posted on the Site at the time of such
use. You should periodically check the "Terms of Use" link on
the Site's home page to view the then-current terms. If you breach any
of the Terms of Use, your authorization to use this Site automatically
terminates, and any Materials downloaded or printed from the Site in violation
of the Terms of Use must be immediately destroyed.
Defined Terms
"IFL Content" means all Materials provided by IFL.
Intellectual Property | Limited License to Users
The Materials and Services on this Site, as well as their selection and
arrangement, are protected by copyright, trademark, patent, and/or other
intellectual property laws, and any unauthorized use of the Materials
or Services at this Site may violate such laws and the Terms of Use.
Except as expressly provided herein, IFL and its suppliers do not grant
any express or implied rights to use the Materials and Services. You
agree not to copy, republish, frame, download, transmit, modify, rent,
lease, loan, sell, assign, distribute, license, sublicense, reverse engineer,
or create derivative works based on the Site, its Materials, or its Services
or their selection and arrangement, except as expressly authorized herein.
In addition, you agree not to use any data mining, robots, or similar
data gathering and extraction methods in connection with the Site.
Use of Services
When using Services on this Site that are offered by IFL, you shall be
subject to any posted guidelines, rules, or licenses applicable to such
Services and to the Terms of Use. Such guidelines, rules, or licenses
may contain terms and conditions in addition to those in the Terms of
Use.
In addition to the Materials and Services offered by IFL, this Site also
makes available materials, information, and services provided by third
parties (collectively, the "Third-Party Services"). The Third-Party
Services are governed by separate license agreements that accompany such
services. IFL offers no guarantees and assumes no responsibility or liability
of any type with respect to the Third-Party Services, including any liability
resulting from incompatibility between the Third-Party Services and the
Materials and Services offered by IFL. You agree that you will not hold
IFL responsible or liable with respect to the Third-Party Services or seek
to do so.
Use of Software
The software and accompanying documentation that is made available to download
from this Site is the copyrighted and/or patented work of IFL and/or
its suppliers. Use of the software is governed by the terms of the license
agreement that accompanies or is included with such software. You will
not be able to download or install any software that is accompanied by
or includes a license agreement unless you agree to the terms of such
license agreement. If you do not agree to such terms, you will not be
able to use the software. Absent a license agreement that accompanies
the software, use of the software will be governed by the Terms of Use.
You agree that you will not decompile, reverse engineer, or otherwise
attempt to discover the source code of the software available on the
Site.
Use of IFL Content
Except as indicated to the contrary elsewhere on this Site, you may view,
download, and print the IFL Content available on this Site subject to
the following conditions:
- The IFL Content may be used solely for personal,
informational, and internal purposes.
- The IFL Content may not be modified
or altered in any way.
- The IFL Content on the Site may not be distributed
or sold, rented, leased, or licensed to others.
- You may not remove any
copyright or other proprietary notices contained in the IFL Content.
- IFL
reserves the right to revoke the authorization to view, download, and
print the IFL Content available on this Site at any time, and any such
use shall be discontinued immediately upon notice from IFL.
- The rights granted to
you constitute a license and not a transfer of title.
Important Exceptions
The rights specified above to view, download, and print the IFL Content
available on this Site are not applicable to the design or layout of
this Site. Elements of this Site are protected by trade dress and other
laws and may not be copied or imitated in whole or in part.
Trademark Information
The trademarks, logos, and service marks ("Marks") displayed
on this Site are the property of IFL or other third parties. You are not
permitted to use the Marks without the prior written consent of IFL or
such third party that may own the Marks. IFL and the IFL logo are trademarks
of the Institute for Financial Literacy, Incorporated.
For a current list of the IFL's Marks, as well as certain third-party
Marks, please refer to trademark information.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU
AND IFL OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY'S MATERIALS
OR SERVICES, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH
THIS SITE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR
THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, IFL
MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR
REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE,
OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS
PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS;
AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE
SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES, OR MATERIALS, WILL BE
CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR
TYPOGRAPHICAL ERRORS. IFL MAY MAKE CHANGES TO THE MATERIALS AND SERVICES
AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED
HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE
MAY BE OUT OF DATE, AND IFL MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS
OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) IFL DOES NOT CONTROL, ENDORSE,
OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED
BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY
VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) IFL
MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES,
THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH
SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) IFL SHALL NOT BE LIABLE
OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD
PARTIES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS
THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR
AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES.
IFL ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE
CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION
WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IFL OR THROUGH OR FROM THE
SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES
OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES
ARE LIMITED TO NINETY (90) DAYS.
International Users
This Site can be accessed from countries around the world and may contain
references to IFL products, services, and programs that are not available
in your country. These references do not imply that IFL intends to announce
such products, services, or programs in your country.
The Site is controlled, operated, and administered by IFL from its offices
within the United States of America. IFL makes no representation that the
Site, or the Services or Materials available through it, are appropriate
or available for use at other locations outside the United States, and
access to the Site from territories where the Site or any of its Services
or Materials are illegal is prohibited. If you access the Site from a location
outside the United States, you are responsible for compliance with all
local laws. See the section on export control laws, below, for further
information.
Personal Information and Privacy
To learn about how IFL protects your personal information, such as your
name and address, refer to the IFL Online Privacy Policy. Except as set
forth in the Privacy Policy or in the Terms of Use, your personal information
will be deemed to be confidential. Any non-personal information or material
sent to IFL will generally be deemed to NOT be confidential. You understand
and agree that we may disclose information about you if we have a good
faith belief that we are required to do so by law or legal process, to
respond to claims, or to protect the rights, property, or safety of IFL
or others, or as stated in our Privacy Policy. Please be aware that your
browser must be enabled to accept cookies in order for you to purchase
from the IFL online store.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL IFL, ITS
SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS,
OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS
OF USE, DATA, OR PROFITS, WHETHER OR NOT IFL HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING
OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS
SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD
PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD
PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED,
ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES
AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB
SITE REFERENCED OR LINKED TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS
SET FORTH ABOVE MAY NOT APPLY TO YOU.
Export Control Laws | Notice to U.S. Government Users
The export and re-export of IFL software products are controlled by the
United States Export Administration Regulations, and such software may
not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea,
Sudan, Syria, or any country to which the United States embargoes goods.
In addition, IFL software may not be distributed to persons on the Table
of Denial Orders, the Entity List, or the List of Specially Designated
Nationals.
By downloading an IFL software product you are certifying that you are
not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or
any country to which the United States embargoes goods, and that you are
not a person on the Table of Denial Orders, the Entity List, or the List
of Specially Designated Nationals.
All IFL products and publications are commercial in nature. The software
and documentation available on this Site are "Commercial Items," as
that term is defined at 48 C.F.R. §2.101, consisting of "Commercial
Computer Software" and "Commercial Computer Software Documentation," as
such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202,
as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1
through 227.7202-4, as applicable, the Commercial Computer Software and
Commercial Computer Software Documentation are licensed to U.S. Government
end users (A) only as Commercial Items and (B) with only those rights as
are granted to all other end users pursuant to the terms and conditions
herein.
Indemnity and Liability
You agree to indemnify and hold IFL, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of content you submit, post
to, or transmit through the Site (including, without limitation, any
IFL Content or computer viruses), your use of the Site, your connection
to the Site, your violation of the Terms of Use, or your violation of
any rights of another person or entity.
Governing Law and Jurisdiction
This Site (excluding linked sites) is controlled by IFL from its offices
within the state of Maine, United States of America. By accessing
this Site, you and IFL agree that all matters relating to your access
to, or use of, this Site shall be governed by the statutes and laws of
the State of Maine, without regard to the conflicts of laws or
principles thereof. You and IFL also agree and hereby submit to the exclusive
personal jurisdiction and venue of the Superior Court located in Portland,
Maine and the United States District Court for the District of Maine
with respect to such matters.
Language
It is the express wish of the parties that the Terms of Use and all related
documents have been drawn up in English. C'est la volonté expresse
des parties que la présente convention ainsi que les documents
qui s'y rattachent soient rédigés en anglais.
General
The Terms of Use and other rules, guidelines, licenses, and disclaimers
posted on the Site constitute the entire agreement between IFL and you
with respect to your use of the Site. If for any reason a court of competent
jurisdiction finds any provision of the Terms of Use, or portion thereof,
to be unenforceable, that provision shall be enforced to the maximum
extent permissible so as to effect the intent of the parties as reflected
by that provision, and the remainder of the Terms of Use shall continue
in full force and effect. Any failure by IFL to enforce or exercise any
provision of the Terms of Use or related right shall not constitute a
waiver of that right or provision. The section titles used in the Terms
of Use are purely for convenience and carry with them no legal or contractual
effect.