PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE OR THE MATERIALS.
Welcome to ON-CHART.com (“the website”). The website is owned and operated by ONCHART, LLC. These website and materials are designed to comply with relevant laws and regulations. This is a binding agreement ("Agreement") between ONCHART and its affiliates and you ("You" or Your"). This Agreement governs Your use of the website (www.ON-CHART.com) and our website or websites (the "Site" or “Sites”), including, without limitation, all content such as text, information, images, videos, forums, blog posts, software and other information, services and materials (collectively, the "Materials") and all information made available to You or by You through this Site by ONCHART and/or third parties.
1. OWNERSHIP OF MATERIALS
All Materials are provided by ONCHART unless indicated otherwise. All intellectual property rights in the Materials (including copyrights, trademarks, trade secrets and patents) are the property of ONCHART unless indicated otherwise. ONCHART retains all copyrights in the individual pages, and their components, and collective works available at the Site. The Materials are copyrighted and are protected by US federal and worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, without ONCHART’s prior written permission. ONCHART and the ONCHART logo are registered trademarks of ONCHART. All other names and trademarks are the property of their respective holders.
2. CONDITIONS OF USE AND TERMS
Any unauthorized use of any Materials or information at this Site may violate patent, copyright, trademark, and other laws. Any use of this Site or the Materials 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 manners inconsistent with this Agreement and current ONCHART policies. You agree to prevent any unauthorized copying of the Materials or information.
3. GENERAL DISCLAIMERS
THE MATERIALS AND THE SITE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. IN NO EVENT SHALL ONCHART, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY AND ALL DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE MATERIALS, OR (2) RELIANCE ON THE CONTENT AND MATERIALS OR THE SITE, OR (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR (4) INFORMATION COMMUNICATED THROUGH CHAT ROOMS OR MESSAGE BOARDS, (5) THE COMPLIANCE WITH ANY LAW, RULE, REGULATION, LAW ENFORCEMENT, GOVERNMENT OFFICIALS OR LEGAL AUTHORITY OR THE LIKE, OR (6) ANY OTHER FAILURE TO PERFORM BY ONCHART OR ONCHART'S CONTENT PROVIDERS. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER ONCHART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ONCHART ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, MATERIALS, OR THIRD PARTY SITES (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) IS SECURE, OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. Because some jurisdictions may not permit each of these disclaimers and limitations, the above limitation may not apply to You. ONCHART and its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these Materials. ONCHART may make changes to these Materials, or to the services and/or products described therein, at any time without notice. ONCHART makes no commitment to update the Materials. Any description of Materials is not a representation that any such Materials are available for sale or distribution in Your location.
4. MEDICAL DISCLAIMERS
The Materials available are for informational and educational purposes only and are not a substitute for the professional judgment of a health care professional in diagnosing and treating patients. ONCHART or You are not permitted to advise, diagnose, or otherwise treat users of this Site. Neither the content nor any other service offered by or through this Site is intended to be for medical diagnosis or treatment. Persons accessing this information assume full responsibility for the use of the information and agree that ONCHART is not responsible or liable for any claim, loss, or damage arising from the use of the information. ONCHART does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, "off-label" drug uses or other information that may be mentioned on the Site. Your reliance upon the Materials obtained or used by You is solely at Your own risk.
5. LINKS TO OTHER MATERIALS
The linked sites are not necessarily under the control of ONCHART and ONCHART is not responsible for nor does it certify the content of any linked site or any link contained in a non-affiliated linked site. ONCHART reserves the right to terminate any link or linking program at any time. ONCHART has selected the links for Your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If You decide to access any of the third party sites linked to this Site, You do this entirely at Your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and ONCHART shall not be responsible for notification of any change in name or location of any information of the Site. ONCHART reserves the right to request any web site administrator to disable or remove any link that violates any rights of ONCHART or causes interruption or deterioration of Materials provided by ONCHART. Failure to abide by this request shall be dealt with as provided in this section.
6. LIMITATION OF LIABILITY
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, ONCHART SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND ONCHART AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE VALUE OF $50.00. YOU AND ONCHART AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND ONCHART. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, ONCHART WOULD NOT PROVIDE THE SITE OR MATERIALS TO YOU.
You agree to defend, indemnify and hold ONCHART, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents harmless against any losses, expenses, costs or damages (including ONCHART’s reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) Your breach of this Agreement, (2) Your unauthorized or unlawful use of the Site or the Materials, and (3) the unauthorized or unlawful use of the Site by any other person using Your ID.
8. COOPERATION WITH GOVERNMENT AUTHORITIES
If necessary and in accordance with applicable law, ONCHART will comply with local, state, federal, international and/or worldwide with all laws, rules, regulations, law enforcement, government officials, legal authority or the like.
9. APPLICABLE LAWS
This Site is controlled by ONCHART from its global offices. ONCHART makes no representation that Materials in this Site are appropriate or available for use in all locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of applicable export laws or regulations. Any claim relating to the Materials shall be governed by local applicable law.
10. DISPUTE RESOLUTION
Any dispute between ONCHART and You arising out of this Agreement shall be resolved first by direct communication with one or more of ONCHART's management team members. Should ONCHART and You be unable to resolve the dispute by communication and both You and ONCHART jointly agree to do so, ONCHART or You may submit any dispute arising out of or relating to this Agreement, or the breach thereof, to final and binding arbitration administered by the American Arbitration Association or its equivalent nearest the place of Your professional. The arbitrator shall fully implement the intent and purposes of this Agreement.
11. ENTIRE AGREEMENT
Your right to access and use the Site and Materials immediately terminates without further notice upon Your breach of this Agreement or if You are found to be in violation of ONCHART's Code of Conduct. ONCHART may terminate this Agreement and/or Your right to use the Site and Materials at any time, with or without cause. Sections 1, 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 18 of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever. ONCHART reserves the right to discontinue or make changes to the Site and/or Materials at any time.
ONCHART may assign this Agreement, in whole or in part, in its sole discretion. You may not assign Your rights under this Agreement without ONCHART's prior written permission. Any attempt by You to assign Your rights under this Agreement without ONCHART's permission shall be void.
14. WAIVER OF BREACH
Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement.
15. FORCE MAJEURE
ONCHART shall not be liable for any failure or unavailability of the Site and/or the Materials or failure by ONCHART to perform a transaction as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the deletion or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond ONCHART's control.
ONCHART may deliver notice to You under this Agreement by means of electronic mail or a general notice on http://www.on-chart.com. You may give notice to ONCHART at any time via electronic mail to firstname.lastname@example.org. If You object to any material found on this Site, please bring Your concerns to the attention of email@example.com.
The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
If any provision of this Agreement shall be held, be deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable and such provision shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances.
ONCHART reserves the right to make changes to this Agreement at any time without advance notice. ONCHART agrees to post all amended forms of this Agreement on the Site and such amended forms shall be effective immediately upon its posting. It is at all times Your responsibility to read the most current form of this Agreement before using the Site to ensure that You agree to the terms and conditions of any amendments made to this Agreement. You agree that these standards for notice of amendments to this Agreement are reasonable. You understand and agree that if you use the ONCHART services or access the Site after the date on which the amendment has been posted, You consent to such amendment.