Chartrounds Terms of Use

YOU MUST AGREE TO THESE TERMS BEFORE USING CHARTROUNDS
PLEASE READ THEM  CAREFULLY

Welcome to the Chartrounds website (the “Site”).  The Site, including but not limited to http://www.chartrounds.com and any affiliated sites, provides a means through which licensed physicians and medical physicists who are registered participants of the Site (“Registered Participants”) can transmit, access and share certain de-identified health information regarding about their patients (“Data”) with experts (“Experts”) and other Registered Participants for the purposes of educating such Registered Participants with regard to best practices in patient care (the “Educational Services”).  Users of the Site are also asked to participate in surveys conducted by the Site to assess the effectiveness of the Site, for continuing medical education credit, for the purposes of peer-to-peer communications and to establish the impact of the Educational Services on their practice of medicine.  Registered Participants and Experts are collectively referred to herein as “Users”.

Chartrounds”, “we”, “us” and “our” refer to Chartrounds Site Management, LLC and Chartrounds, LLC,  and its parent, subsidiaries or affiliates.  “User”, “your” or “you” refer to you, as a Registered Participant or Expert approved to use the Site.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE AND THE CHARTROUNDS’ PRIVACY POLICY AND YOU AGREE TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY.  IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE.

These Terms of Use may be revised from time to time with electronic notification when you access the Site using your personal log-in identification.  Use of the Site after any such changes constitutes your acceptance of revised terms.  If you do not agree to abide by these or any future terms, please do not use the Site or download materials from it.  Our current Terms of Use are accessible from the Site and you agree to be responsible for checking these terms periodically for any changes.

We reserve the right to terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features, at any time, with or without notice.  We also may remove, modify or otherwise change any content, including that of third parties, on this Site.  We may impose limits on certain features and services or restrict access to parts or all of the Site without notice and may terminate your use of the Site at any time in our sole discretion.  If we terminate your access to the Site without cause, you are eligible for a pro-rated refund of any fees paid in advance from the month following termination.

This Site is controlled and operated in the United States.  If you are in a jurisdiction that restricts you from accessing this Site, do not access or use this Site.

These terms apply exclusively to your access to and use of the Site and do not alter the terms or conditions of any other agreement you may have with Chartrounds, its parent, subsidiaries or affiliates.

Registration

By registering, you are granting permission for us to use the registration information provided by you as described below.

Registration from Chartrounds is required to access and use the Site.  As part of the registration process, you are asked to represent and attest that you are a currently licensed physician or licensed or registered medical physicist.  There are two types of participants on the Site:

A “Registered Participant” is a licensed physician or licensed or registered medical physicist, if required by the medical physicist’s State of practice, generally providing services through a community hospital, who has registered as a member of the Site and participates in Chartrounds sessions by logging in to the Site, accessing the calendar, joining sessions scheduled by Chartrounds’ Experts, and participating in those sessions at the specifically scheduled date and time.

An “Expert” is a Chartrounds Specialist who is a licensed physician or licensed or registered medical physicist, if required by the medical physicist’s State of practice, generally a specialist providing services at a major cancer center,  who participates in Chartrounds by logging in to the Site, accessing the calendar, scheduling peer-to-peer Educational Services (each, a “Session”) that are open for  Registered Participants to join, and who hosts the Session at the specifically scheduled date and time.  

We provide a secure registration process.  During registration, you will be required to provide information, including but not limited to complete and verifiable contact information which may include your credentials, professional experiences, academic background, biography, citizenship and other relevant data (“Personal Profile Data”).  Once you are registered, you are not required to provide additional information beyond what is explicitly required in the registration process.  Any optional data that you submit can be altered or removed by you at any time.

You are required to provide accurate and complete information and you retain all liability associated with the accuracy and completeness throughout your use of the Site.  You must attest to the accuracy of all assertions made in the registration process and you authorize Chartrounds to verify any information that you provide.

Data from Registered Participants

As a Registered Participant, you may choose to transmit, share and access de-identified health information regarding one or more of your patients (“Data”) for the purpose of participating in a Session.  When a Registered Participant provides Data for review in a Session, the Registered Participant who submits the Data retains sole responsibility and associated liability for the accuracy, completeness and integrity of that Data and for the exercise of professional judgments made using it and for the provision of professional medical and other services to any patient who is the subject of the Data.  At no time shall the educational advice of any Expert constitute, or be deemed to have constituted, medical advice nor shall any Expert provide, or be deemed to have provided, professional health care or other services on behalf of, or at the request of, any Registered Participant, or to any patient whose Data is shared through the Site.  If for any reason an Expert’s advice constitutes, or is deemed to constitute, medical advice to any patient who is the subject of the Data, the Registered Participant who provided such Data on such patient shall indemnify and hold harmless the Expert and Chartrounds, and their respective employers, officers, directors, trustees, members, agents, affiliates, contractors and employees, if any, from and against any and all claims, liabilities, suits, liens, garnishments, attachments, losses, expenses (including without limitation reasonable attorneys’ fees and expenses), arising out of or resulting in any way therefrom, whether or not covered by insurance.

Chartrounds does not offer medical advice and will not access, collect or use in any way the Data you share with other health care professionals through the Site other than to provide Educational Services to other Experts and Registered Participants.  Chartrounds does not have any responsibility for monitoring the exchange of Data through the Site.  You agree that any use by you of Data through the Site will only occur in accordance with all applicable laws and regulations, and that all Data shall be de-identified, as that term is defined by the Health Insurance Portability and Accountability Act (“HIPAA”).

You will not post any other content on the Site for access and viewing by others and you agree Chartrounds may remove any such other content.

Session Recording and Archiving

Chartrounds may make audio and visual  recordings of the Sessions for the further provision of Educational Services.  Such  recordings  may be transcribed and placed on the Site and may be accessed and viewed by Registered Participants and Experts who were unable to participate in the Session.  These recordings may identify the Registered Participants and Experts participating in a Session by name, but will not include any patient-identifiable Data whatsoever.  You may be audible on the recording. You hereby give your consent to Chartrounds to use your voice in such audio recordings. You hereby waive all publicity rights to Chartrounds for use in the manner described above.  You waive all right to inspect or approve your image or voice in any final recording. You hereby release Chartrounds and its agents and assignees from any claim or liability arising out of any distortion which may arise in the reproduction of your voice.

By participating in a Session through the Site, you agree to be recorded by Chartrounds in connection with your participation in the Session.  Further, you irrevocably give, transfer and assign to Chartrounds all right, title and interest in and to, including the right to copyright, publish, reproduce, exhibit, transmit and otherwise use:  (a) your name and voice likeness in such audio recordings; and (b) all recordings, audiovisual materials, writings, statements, and quotations of or by you (collectively, the “User Materials”), in any manner, form, or format whatsoever now or hereinafter created, including on the Site, and for any purpose related to the Educational Services provided through the Site, without further consent from or payment to you.

 

Survey Data

As part of your use of the Educational Services, you agree to complete periodic surveys that request information relating to your use of the Site generally and what it achieved for you in your practice (“Survey Data”)Survey Data will be used by Chartrounds to approve CME credit for Registered Participants and Experts, and to improve the Educational Services.  No survey will request, and you should not provide, any information concerning the identity, diagnosis or treatment of patients discussed through the Site or any other Data exchanged through the Site.

Your Account and Use of Chartrounds In Any Use of the Site, You Agree That:

You are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable laws and regulations that relate to your use of or activities on the Site;

You are responsible for the security of your passwords and for any use of your account, will not divulge your username and password to other parties either on or off the Site, and must immediately notify Chartrounds of any unauthorized use of your password or account by sending email to report@chartrounds.com;

You will not attempt to obtain unauthorized access to the Site or portions of the Site that you do not have permission to access as a User and will not use or attempt to use: (a) the Site through any other account, (b) Educational Services or system without authorization from Chartrounds, or (c) create or use a false identity on this Site;

You will not disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked web sites;

You will not to disrupt or interfere with any other User’s enjoyment of the Site or affiliated or linked web sites;

You will not upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files and will not transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings.

You shall have the ultimate authority, responsibility and liability for the diagnosis and care of each patient who is the subject of the Data you share through the Site, and you shall provide to any patient who is the subject of the Data you share through the Site all patient education and counseling required by applicable law with respect to any prescription drugs or supplies or controlled substances prescribed by you.  You further acknowledge and agree: 

the Educational Services provided through the Site are for peer-to-peer educational purposes only;

the Educational Services provided through the Site shall not create a physician-patient relationship between or among any Registered Participant, any Expert, Chartrounds and any subject of the Data shared through the Site; and

in no event shall any Expert or Registered Participant who engages in the Educational Services provided through the Site provide, or be deemed to provide, professional medical or other services to or on behalf of any subject of the Data.

 

Use of Third Party Services

CHARTROUNDS MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE OR CONTENT ACCESSED OR AVAILABLE THROUGH THE SITE.

Chartrounds Proprietary Rights

Chartrounds owns all proprietary rights to any text, recordings, Survey Data or other information (except for Data), images, software or other technology included on or used in connection with the Site, including the User Materials (collectively, the “Materials”).  You understand that all of the Materials, and all reproductions, media and digital copies of the Materials, are the sole property of Chartrounds.  You agree not to contest the rights or authority granted to Chartrounds hereunder and forever release and discharge Chartrounds, its employees, licensees, agents, successors, and assigns from any claims, actions, damages, liabilities, costs, or demands whatsoever arising from or related to any use of the Materials.

Chartrounds gives you a personal, revocable, limited, non-assignable, and nonexclusive license to use the Materials in connection with your use of the Site.  You agree not to reproduce, reprint, publish, or otherwise use any Materials without Chartrounds’ express prior written consent.

Any unauthorized use of any Materials may violate patent, copyright, trademark, and other intellectual property laws.  Any use of this Site shall be considered a limited use license, not a transfer of title, and is subject to the following restrictions:  you may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, disassemble or make derivative works of the Materials; (c) remove any confidentiality, privacy, patent, copyright, trademark or other proprietary notices from the Materials; (d) transfer the Materials to another person or entity in a manner inconsistent with these Terms of Use and current Chartrounds policies.  You agree to prevent any unauthorized copying of the Materials or any other information.

Compliance with Laws

State and Federal laws and regulations, as well as the ethical and licensure requirements of your profession, may impose obligations with respect to patient confidentiality that may limit the ability of physicians, health care providers, and persons acting on their behalf, to access and disclose Data.  You represent and warrant that you will, during the term of these Terms of Use and thereafter, comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of Data, and cause all persons or entities under your direction or control to comply with such laws.  You are, at all times during the term of these Terms of Use and thereafter, solely responsible for obtaining and maintaining all legally necessary or advisable consents or permissions to disclose, process, retrieve, transmit, and view the Data you use in connection with the Site.

CHARTROUNDS CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF DATA, PATIENT INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED WHILE USING THE SITE AND THE MATERIAL ON THE SITE.

Notice

Chartrounds may deliver notice to you under this Agreement in its sole discretion by means of electronic mail, a general notice on the Site, or by written communication delivered by U.S. mail to your address on record in Chartrounds’ account information.  You may give notice to Chartrounds at any time via electronic mail at admin@chartrounds.com or by letter delivered by U.S. mail or overnight courier to the following address:

If you object to any material found on the Sites, or wish to report inappropriate conduct or practices in violation of our Terms of Use or Privacy Policy, please send notification to admin@chartrounds.com

Indemnification

You agree to defend, indemnify, and hold harmless Chartrounds and any of its affiliated entities, and their respective employees, contractors, officers, directors, agents, third party Chartrounds feature providers and licensors from all liabilities, claims, and expenses, including attorneys’ fees, that arise out of or are related to your use of the Site, including without limitation, any claims for infringement of a third party’s intellectual property or negligence in the exercise of medical judgment.  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.

Term and Termination

The term of this Agreement commences on the date that Chartrounds first makes the Educational Services available to you or sends email or written notice of activation (“Activation Date”).  Billing of any applicable fees that you have accepted as part of the registration process will start as of the Activation Date.

The initial term of this Agreement (“Initial Term”) will begin on the Activation Date and will end on the one year anniversary of the Activation Date.  This Agreement will automatically renew for successive one-year periods (each a “Renewal Term”) beginning at the end of the Initial Term, unless you provide notice of termination.  Chartrounds reserves the right to terminate this Agreement in its sole discretion at any time.

Chartrounds, in its sole discretion, may modify or suspend the Educational Services, your username and password, account, or use of the Educational Services.  In the event that such termination was without cause, you may be eligible for a refund under the terms of your billing agreement with us.

You agree and acknowledge that in the event of suspension or termination, Chartrounds has no obligation to retain, and may delete, your Personal Profile Data.

If Chartrounds terminates the Educational Services or your use of Chartrounds, these Terms of Use will also terminate, but Sections 5 (Use of Third Party Educational Services), 8 (Compliance with Laws), 10 (Indemnification), 12 (Exclusion of Warranties) and 13 (Limitations of Liability) shall continue to be effective after this Agreement is terminated.

You agree to immediately destroy any Materials in your possession, and cease use of the Site upon termination of this agreement.

Exclusion of Warranties

THIS SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK.

NEITHER CHARTROUNDS NOR ANY OF CHARTROUNDS’ LICENSORS MAKE ANY EXPRESS WARRANTIES, AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

CHARTROUNDS MAKES NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES.  IF YOU CHOOSE TO ACCESS THIS SITE FROM A LOCATION OUTSIDE THE U.S., YOU DO SO ON YOUR OWN INITIATIVE AND YOU ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.

YOU ACKNOWLEDGE AND AGREE THAT (A) ANY USE, ACCESS OR DISCLOSURE OF DATA OR OTHER CLINICAL CONTENT SHARED THROUGH THE SITE (WHETHER SEPARATELY OR IN COMBINATION WITH ANY OTHER INFORMATION, SITE OR TOOL) REQUIRES THE INVOLVEMENT OF TRAINED INDIVIDUALS; AND (B) CHARTROUNDS HAS NO ABILITY TO DIAGNOSE DISEASE, PRESCRIBE TREATMENT, OR PERFORM ANY OTHER TASKS THAT CONSTITUTE THE PRACTICE OF MEDICINE.

YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND QUALITY OF DATA SHARED THROUGH THE SITE.  YOU ACKNOWLEDGE THAT CHARTROUNDS: (A) HAS NO CONTROL OF OR RESPONSIBILITY FOR YOUR USE OF THE DATA OR OTHER CLINICAL CONTENT SHARED THROUGH THE SITE, AND (B) HAS NO KNOWLEDGE OF THE SPECIFIC OR UNIQUE CIRCUMSTANCES UNDER WHICH THE DATA OR OTHER CLINICAL CONTENT SHARED THROUGH THE SITE MAY BE USED BY YOU.  YOU AGREE THAT CHARTROUNDS DOES NOT PROVIDE MEDICAL ADVICE OR OTHER PROFESSIONAL SERVICES TO REGISTERED PARTICIPANTS OR THEIR PATIENTS AND IS NOT ENGAGED IN THE PRACTICE OF MEDICINE, AND THAT YOUR USE OF THE SITE DOES NOT ABSOLVE YOU OF YOUR OBLIGATION TO EXERCISE INDEPENDENT PROFESSIONAL JUDGMENT IN RENDERING HEALTH CARE SERVICES TO PATIENTS.  YOU ACKNOWLEDGE THAT THE PROFESSIONAL DUTY TO THE PATIENT IN PROVIDING HEALTH CARE SERVICES LIES SOLELY WITH THE HEALTHCARE PROFESSIONAL PROVIDING THE SERVICES DIRECTLY TO THE PATIENT.  CHARTROUNDS MAKES NO WARRANTY AS TO THE NATURE OR QUALITY OF THE CONTENT OF RESULTS, MESSAGES OR INFORMATION SENT BY YOU, OR ANY THIRD PARTY USERS OF THE SITE.

YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK.  YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR INSTITUTION, BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.

YOU ACKNOWLEDGE THAT CHARTROUNDS DOES NOT CONTROL INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE.  EXCEPT AS OTHERWISE AGREED IN WRITING, CHARTROUNDS AND ITS AFFILIATES AND LICENSORS ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY ADVICE, OPINION, STATEMENT OR OTHER CONTENT OR OF ANY PRODUCTS OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SITE .

CHARTROUNDS DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THIS SITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.  NOR DOES CHARTROUNDS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THIS SITE.

CERTAIN PRODUCTS AND SERVICES PROVIDED BY CHARTROUNDS UTILIZE THE INTERNET.  CHARTROUNDS DOES NOT WARRANT THAT SUCH SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR COMPLETELY SECURE FROM YOUR END.  CHARTROUNDS DOES NOT AND CANNOT CONTROL THE FLOW OF DATA FROM YOUR NETWORK AND OTHER PORTIONS OF THE INTERNET.  SUCH FLOW DEPENDS IN LARGE PART ON THE INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES.  ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF).  ACCORDINGLY, CHARTROUNDS DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO YOUR IMPAIRED OR DISRUPTED CONNECTION TO THE INTERNET TO THE EXTENT THAT IT IS NOT CAUSED BY CHARTROUNDS.

CHARTROUNDS ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU OR YOUR PATIENTS OR OTHER USERS, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF CHARTROUNDS, ITS AFFILIATES, ITS LICENSORS, OR A USER’S OWN ERRORS AND/OR OMISSIONS.  EXCEPT AS SPECIFICALLY PROVIDED HEREIN, CHARTROUNDS DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CHARTROUNDS OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL CHARTROUNDS OR ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT CONTAINED ON THE SITE, OR PROVIDED OR OBTAINED THROUGH THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF CHARTROUNDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Assignment

Chartrounds may assign these Terms of Use, in whole or in part, in its sole discretion and will provide notice as provided in this Agreement.  You may not assign your rights under these Terms of Use without first obtaining Chartrounds’ written permission.

Force Majeure

Neither party shall be liable in damages or have the right to terminate these Terms of Use for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections, unavailability of suppliers, the loss or destruction of data, the deletion or corruption of storage media, power failures, and/or any other cause beyond the reasonable control of Chartrounds.

General Legal Terms

THE SERVICE IS NOT TARGETED TO USERS IN ANY PARTICULAR LOCALITY, NOR IS IT INTENDED TO CONSTITUTE, AND YOU AGREE THAT IT DOES NOT CONSTITUTE, THE DOING OF BUSINESS IN ANY JURISDICTION.

If there is any conflict between these Terms of Use or other written agreement between you and Chartrounds, the signed written agreement will control.  If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Chartrounds’ licensors may be third party beneficiaries to these Terms of Use.  There are no other third party beneficiaries to these Terms of Use.  Nothing in these Terms of Use creates an agency, partnership, or joint venture.

The headings of articles and sections contained in these Terms of Use are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms of Use.

Failure to enforce any provision will not constitute a waiver of that provision.

In accordance with applicable law, Chartrounds will cooperate with all government authorities to protect the Sites, visitors, customers, members, Chartrounds, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents and operational providers, to prevent unauthorized use of the Sites.

These Terms of Use are governed by Colorado and U.S. law, excluding its choice-of-law rules.  THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THESE TERMS OF USE IS DENVER, COLORADO.  BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE STATE OR FEDERAL COURTS IN THE STATE OF COLORADO OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

Nothing in these Terms of Use limits either party’s ability to seek equitable relief.  Last Modified: May 5, 2017

Copyright © 2014 Chartrounds, LLC.  All Rights Reserved.

 

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