HAZLITT PAPERS ARCHIVE ACCESS AGREEMENT
Please read this Agreement (the "Agreement") carefully. This is a legal agreement between you and Liberty Fund Inc. an Indiana non-profit corporation ("Liberty Fund").
This Agreement relates to your use of the Hazlitt Papers Archive (including the materials contained therein, the "Archive"). The Archive contains works that are unavailable elsewhere. Liberty Fund is making the Archive available solely for the noncommercial purposes of education and research.
Acceptance: BY CHECKING THE APPROPRIATE BOX AND PROVIDING THE INFORMATION REQUESTED ON THE CHECK OUT PAGE OF THE SITE, YOU REPRESENT AND AGREE THAT (i) YOU ARE AT LEAST 18 YEARS OF AGE, (ii) YOU ARE AUTHORIZED TO CONSENT TO THESE TERMS, AND (iii) YOU CONSENT TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT ACCESS THE ARCHIVE. You further agree that checking the box and providing the information requested on the web page constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act ("E-Sign") and the Uniform Electronic Transactions Act ("UETA") and that you have formed, executed, entered into, accepted the terms of and otherwise authenticated this Agreement and acknowledged and agreed that this Agreement is an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding on, and non-refutable by you or on whose behalf you are acting.
Both parties agree to the following:
1. Scope of Use: Subject to the terms and conditions of this Agreement, you may access and use the Archive for non-commercial, educational uses that do not generate income or promote the generation of income. The Archive is protected by both United States copyright law and international treaty provisions. You may not use the Archive in a manner inconsistent with this section.
2. Disclaimer of Warranties: EXCEPT AS EXPRESSLY PROVIDED HEREIN, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE ARCHIVE IS DELIVERED "AS IS" AND WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND BY EITHER LIBERTY FUND OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF SUCH OFFERINGS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. LIBERTY FUND MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF THE ARCHIVE. LIBERTY FUND MAKES NO WARRANTY THAT THE SITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
3. Limitation of Liability: UNDER NO CIRCUMSTANCES SHALL LIBERTY FUND BE LIABLE TO YOU ON ACCOUNT OF ANY CLAIM (WHETHER BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE) FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, OR FOR ANY DAMAGES OR SUMS PAID TO THIRD PARTIES, EVEN IF LIBERTY FUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. Indemnification: You agree to indemnify, defend and hold Liberty Fund, together with its officers, directors, employees, and agents, harmless against any liability (including reasonable attorneys’ fees) arising out of any claim made arising out of or related to your use of the Archive. You will bear the expense of such defense and pay any damages and attorneys’ fees which are attributable to such claim.
5. Integration: This Agreement and any applicable web site policies associated with <www.libertyfund.org> constitute the entire agreement between Liberty Fund and you relating to the Archive and: (a) supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to its subject matter; and (b) prevails over any conflicting or additional terms of any quote, order, acknowledgement, or similar communication between parties. No modification to this Agreement will be binding, unless in writing and signed by a duly authorized representative of the parties.
6. Miscellaneous: The waiver of any breach of this Agreement by either party shall not constitute a continuing waiver or a waiver of any subsequent breach of this Agreement. If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement will not be affected and each such term or provision of this Agreement shall continue to be valid, binding and enforceable to the fullest extent permitted by law, except to the extent that such unenforceability may deprive a party of the benefits reasonably expected by that party as an inducement to enter into this Agreement. Neither party shall be in default by reason of any failure in performance of this Agreement if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control or foreseeability of such party, including but not limited to, acts of God or of the public enemy, U.S. or foreign governmental acts in either a sovereign or contractual capacity, labor, fire, flood, epidemic, restrictions, strikes, and/or freight embargoes.
BY CHECKING THE APPROPRIATE BOX AND PROVIDING THE INFORMATION REQUESTED ON THE CHECK OUT PAGE OF THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF INDIANA, WHERE ANY CLAIMS ARISING HEREUNDER SHALL BE LITIGATED.