ChartFilter
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 ChartFilter 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 ChartFilter 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.
ChartFilter 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.
Types
of users
Please be
aware that certain activities on this Site, such
as ChartFilter Tools, are available only to persons
who are covered under a paid or trial subscription
agreement with ChartFilter ("Subscribers") and persons invited
by Subscribers to participate in such activities.
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, ChartFilter
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 ChartFilter, 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 ChartFilter, 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. ChartFilter 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 ChartFilter. You agree that you will not hold
ChartFilter 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 ChartFilter 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. Such terms are available for review and
are incorporated herein by this reference. 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 ChartFilter
Content and User Content. Except as indicated to
the contrary elsewhere on this Site, you may view,
download, and print the ChartFilter Content and User Content
available on this Site subject to the following
conditions:
- The ChartFilter Content
and User Content may be used solely for personal,
informational, and internal purposes.
- The ChartFilter Content
and User Content may not be modified or altered
in any way.
- The ChartFilter Content
and User 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 ChartFilter Content and User Content.
- ChartFilter reserves the
right to revoke the authorization to view, download,
and print the ChartFilter Content and User Content available
on this Site at any time, and any such use shall
be discontinued immediately upon notice from
ChartFilter.
- The rights granted
to you constitute a license and not a transfer
of title.
The rights
specified above to view, download, and print the
ChartFilter Content and User 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 ChartFilter or other third
parties. You are not permitted to use the Marks
without the prior written consent of ChartFilter or such
third party that may own the Marks. ChartFilter and the
ChartFilter logo are trademarks of ChartFilter.com Incorporated.
User
conduct
In using
the Site, including all Services and Materials available
through it, you agree:
- not to disrupt or
interfere with any other user's enjoyment of
the Site or affiliated or linked sites;
- not to upload,
post, or otherwise transmit through the Site
any viruses or other harmful, disruptive, or
destructive files;
- not to create a
false identity;
- not to use or attempt
to use another's account, password, service,
or system without authorization from ChartFilter;
- not to access or
attempt to access any Design Content which you
are not authorized to access;
- not to disrupt or
interfere with the security of, or otherwise
cause harm to, the Site, or any Services, Materials,
system resources, accounts, passwords, servers,
or networks connected to or accessible through
the Site or any affiliated or linked sites.
Use
and protection of account number and password
You are
responsible for maintaining the confidentiality
of your account number, account name, and/or password,
if applicable. You are responsible for damages resulting
from all uses of your account number, account name,
and/or password, whether actually or expressly authorized
by you, unless access to your account number, account
name, and/or password was obtained through no fault
or negligence of your own.
International
users This Site can be accessed from countries around
the world and may contain references to ChartFilter products,
services, and programs that are not available in
your country. These references do not imply that
ChartFilter intends to announce such products, services,
or programs in your country.
The Site
is controlled, operated, and administered by ChartFilter
from its offices within Canada. ChartFilter makes no representation
that the Site, or the Services or Materials available
through it, are appropriate or available for use
at other locations outside of Canada, 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 of
Canada, you are responsible for compliance with
all local laws.
Governing
law and jurisdiction
This Site
(excluding linked sites) is controlled by ChartFilter from
its offices within the province of British Columbia,
Canada. By accessing this Site, you and ChartFilter agree
that all matters relating to your access to, or
use of, this Site shall be governed by the statutes
and laws of the province of British Columbia, without
regard to the conflicts of laws principles thereof.
Language
It is the
express wish of the parties that the Terms of Use
and all related documents have been drawn up in
English.
General
The Terms
of Use and other rules, guidelines, licenses, and
disclaimers posted on the Site constitute the entire
agreement between ChartFilter 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 ChartFilter 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.
