The followingTerms of Service Agreement, (the "Agreement") is entered into by and between you and ChartPro, Inc. ("ChartPro", "Company").This Agreement governs your access to and use of the platform ("Platform"),our application ("App"), our application programming interfaces (each an "API") or any other products and services made available by TheCompany (collectively, the "Services").
Please read theseTerms carefully. This is a binding agreement. If you use the Service or click accept or agree to this Agreement if presented to you in a user interface forthe Service, The Company will understand this as your acceptance of these Terms and your agreement to all of its terms and conditions. If you do not agree to all of these Terms, you are not authorized to use the Service and you must promptly cease using it.
THIS AGREEMENT CREATES A BINDING LEGAL AGREEMENT BETWEEN YOU AND CHARTPRO INC, AND INCLUDES AN ARBITRATION CLAUSE UNDER WHICH CERTAIN CLAIMS MAY NOT BE BROUGHT IN COURT OR DECIDED BY A JURY. PLEASE READ THIS AGREEMENT CAREFULLY.
If you are using the Services on behalf of an entity, you are agreeing to this Agreement for that entity and are representing to the Company that you have the authority tobind that entity to this Agreement (in which case "you" will refer tot hat entity). If you do not accept this Agreement or do not satisfy the eligibility requirements set forth below, you may not access or use theServices.
The parties acknowledge that acceptance of the Agreement by electronic means between theParties has the same evidential value as a paper agreement.
Your use of, and participation in, the Services offered by the Company is subject to the terms set forth in our privacy policy located at ChartPro.ai/privacy-policy (the"Privacy Policy"). Our Privacy Policy details how The Company may collect and use your information to manage this Agreement.
The Company reserves the right to update and revise this Agreement at any time. The"Last Updated" date at the top of this page will be updated in accordance with any changes so you can tell if this Agreement has changed since your last visit. Any such changes are effective immediately when they are posted and apply to all access to and use of the Services thereafter. Please review this Agreement regularly. Your continued use of the Services constitutes your acceptance of the revised Terms. If you do not accept any modification to the Terms, you must stop using the Services.
Your use of theServices is subject to your compliance with this Agreement. By accessing and using the Services, you warrant that:
i. You are authorized to utilize the service as a subscriber or as a member of a subscriber organization.
ii. All registration information you submit is truthful and accurate;"registration information" is understood to mean your registration information and not those of your patients.
iii. You will maintain the accuracy of such information; and
Your use of theServices does not violate any applicable law or regulation.
The Services are designed and intended to be used by healthcare providers, telehealth companies and any companies that provide services relating to any of the foregoing.Despite the foregoing, the Services are a tool that enable these constituencies to better serve their patients and customers, and do not, in any circumstance, constitute the provision of medical advice by The Company. The Service has not been approved for use as a medical device by regulatory agencies in the UnitedStates or elsewhere.
You understand and acknowledge that use of the Service that constitutes falsifying entries or concealment of material regarding Patients or the provision of care toPatients, or pertinent omissions may constitute fraud and may be prosecuted under applicable federal and/or state laws. Fraud is a felony, which can result in fines or imprisonment.
You can only use or receive the Services to the extent the laws of your jurisdiction or theUnited States do not bar you from doing so. Please make sure this Agreement is in compliance with all laws, rules and regulations that apply to you. You are solely responsible for ensuring that your use of the Services complies with the laws of your specific jurisdiction.
The Company hereby grants you a non-exclusive, non-transferable right to access and use theServices during the Term, solely for use by your end users in accordance with this Agreement. In this Agreement, "end users" refers to your staff(e.g. employees, contractors) authorized to use the Services under the conditions defined in the Agreement.
You may only use the Services as explicitly authorized and in compliance with any policies asset forth herein or otherwise made available to you within the Services. No portion of the Services may be reproduced in any form or by any means. Without limiting the foregoing, you may not do any of the following while accessing or using the Services:
Use of theServices for any revenue generating endeavor, commercial enterprise, or other purpose other than for the permitted uses under this Agreement without our express written consent; Express or imply that any statements you make are endorsed by ChartPro; Resell any Services for commercial purposes, except as expressly permitted herein; Modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of the Services not intended to be so read; Interfere or attempt to interfere with the proper working of the Services or any activities conducted on theServices; Bypass, circumvent, or attempt to bypass or circumvent any measuresThe Company may use to prevent or restrict access to the Services, including without limitation other accounts, computer systems or networks connected to the Services; Access or use the Services for any illegal or unauthorized purpose, including to harass, abuse, defame or otherwise infringe or violate the rights of any other party; Impersonate any person or entity, or forge or manipulate headers to disguise the origin of any User Data; Harvest or otherwise collect information about others, including email addresses, without their consent, including by use of spiders, web scraping or other automated means; or Otherwise take any action in violation of this Agreement.
The Company may from time to time in our sole discretion develop and deploy updates to theServices, modify the Services, change the Services, restrict access to theServices (including to registered users) or withdraw or terminate the Services entirely, and The Company reserve the right to do so in our sole discretion without notice to you. Any such updates, modifications or changes will be deemed part of the Services and subject to all terms and conditions of thisAgreement. The Company will not be liable to you or any third party for any modification, suspension, discontinuance or termination of the Services. In the event of modification, suspension, discontinuance or termination, you will still be bound by your obligations under this Agreement, including the warranties made by you, and by the disclaimers and limitations of liability.
Your access to the Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Services. The Company will restore theServices as soon as The Company reasonably can. The Company will not be liable to you if the Services are unavailable from time to time.
The Services are intended to assist you in the conduct of your business. The Company does not make any representations or warranties that your use of the Services will satisfy or ensure your compliance with any legal obligations or applicable laws, rules, or regulations. You are solely responsible for ensuring compliance with all applicable laws and regulations. You acknowledge and agree to use theServices only for purposes that are legal, proper and in accordance with thisAgreement and any applicable laws, rules or regulations.
Without limiting the foregoing, you will have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all information that you submit while using the Services; use commercially reasonable efforts to prevent unauthorized control or tampering or any other unauthorized access to, or use of, the Services and notify The Company immediately of any unauthorized use or security breach; comply with all applicable local, state, federal, and foreign laws (including laws regarding privacy and protection of personal or consumer information) in using the Services; and obtain and maintain all computer hardware, software and communications equipment needed to access the Services and pay all access charges incurred by you in connection with your use of the Services.
The term of theAgreement shall commence on the day you sign the Agreement (the "EffectiveDate").
Your access to and use of the Services will last for an initial period of one (1) month(hereinafter the "Initial term") as of the Effective Date. At the end of the Initial Term, the Agreement will be renewed by tacit renewal for successive periods of one (1) month (hereinafter the "Renewed Term")unless terminated by you by sending an email with one (1) month notice to the Company.
The Company can terminate your access to or use of the Services as a result of your having violated this Agreement or otherwise engaged in conduct that harms or is intended to harm The Company or the Services. The Company may also suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under this Agreement. Such termination or suspension may be immediate and without notice. A breach of this Agreement includes, without limitation, the unauthorized copying or download of content from the Services. The Company can also terminate this Agreement without cause and in our sole and complete discretion upon one (1) month's prior written notice to you.
If your access to the Services is terminated or suspended for any reason, all rights granted under this Agreement will end, you agree to immediately terminate and cease use of all Services, and The Company will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Services, or for deletion of your information or account data. All sections of this Agreement that by their nature are intended to survive such suspension or termination shall so survive.
In addition, upon termination of the Services, The Company will, at your option, either return all your information, account data and Patient information to you or delete all said information and data.
The Company provides a technology solution for healthcare professionals. You acknowledge and understand that The Company does not provide any medical advice, legal advice, or representations in any way regarding any legal or medical issues associated with you or your end users, or goods or services offered or purchased by you, including, but not limited to, any compliance obligations or steps necessary to comply with any state or federal laws and regulations. You should seek legal counsel regarding any legal and compliance issues, and should not rely on any materials or content associated with the Services in determining your compliance obligations under any law. You are solely responsible for preserving and making adequate backups of your data.
To access and use the Services, you will be required to register with The System and create a user account ("Account"). Any individual employed by a business that is a healthcare provider, telehealth company and any company that provides services to any of the foregoing who will be using the Services, is required to create their own Account.
In order for TheCompany to provide you the best possible service, you agree that, as part of the registration process, you will provide The Company with complete and accurate information and also agree to keep your Account information up to date at all times. You agree that all information that you submit upon creation of your Account is accurate and truthful and you have the right to post the content on the Service and grant a license to The Company for purposes of its provision of the Services. If any information on your Account or on theServices is incorrect or outdated, it can lead to errors or delays, for whichThe Company will not be responsible.
If you are a healthcare provider or an employee or agent of a healthcare provider, telehealth company or any person or entity who provides services to any of the foregoing, in order to comply with applicable laws, rules and regulations, you may be required to, as necessary, verify your identity and credentials after registering your Account. After you have completed the registration process,The Company will send you an email providing the steps required to complete the verification process. If you are required to but do not complete the verification process, you may not be permitted to use the Services. The Company reserves the right to modify the verification process, including but not limited to automating the verification process, at any time in our sole discretion.
If you create anAccount, you are solely responsible for any activity that occurs through yourAccount.
You, your employees or agents should not share your Account information. You agree to not use another person's Account or registration information to access or use theServices. You agree not to permit any third party to use your Account or registration information to access or use the Services. You are solely responsible for keeping your Account and Account password secure and for any consequence resulting from your failure to do so. You should never publish, distribute, or post login information for your Account.
The Company reserves the right to disable any Account, username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement. Should you require the removal ofyour account from the System you should contact The Company via email at support@ChartPro.ai.
5.1 Fees The Services may include both paid-for Services, for which you will be charged fees("Fees") and free Services for which no fees are charged. The applicable Fees are available on our website or on the subscription portal.
The Company reserves the right to, at any time and from time to time and upon reasonable advance notice to you, in our sole discretion, change the Fees The Company charges for the Services, including the right to charge Fees for Services that were previously free of charge. The Company may also at any time and from time to time, in our sole discretion, change or remove any of the pricing models in place. The new prices shall apply as of the calendar month following the notification or in accordance with your contract renewal date or in accordance with an addendum to your contract.
In the case of refusal of the new prices, you remain free to terminate this Agreement by notifying The Company before the new prices enter into effect.
Although TheCompany aims to offer you the best service possible, The Company makes no promise that the Services will meet your requirements and The Company cannot guarantee that the Services will be fault free. The Company will use commercially reasonable efforts to provide technical support services to you in the event a fault or other issue with the Services occurs. If a fault or other issue occurs in our Services, please report it to The Company at support@ChartPro.ai and The Company will review your complaint and, where The Company inits sole discretion determines it is appropriate to do so, will correct the fault.
"ConfidentialInformation" means all information provided or made available by or on behalf of the disclosing party (whether disclosed orally or disclosed or accessed in written, electronic, or other form of media, and whether or not marked, designated, or otherwise identified as "confidential").
Neither party shall disclose to any third party any Confidential Information without the other party's prior written consent, except as otherwise expressly permitted under this Agreement. The foregoing restrictions do not apply to,
i. anyinformation that is in the public domain or already in the receiving party's possession,
ii. was known tothe receiving party prior to the date of disclosure,
iii. becomesknown to the receiving party thereafter from a third party having an apparentbona fide right to disclose the information, or
iv. ConfidentialInformation that the receiving party is obligated to produce pursuant to a court order or a valid administrative subpoena, providing receiving partyprovides disclosing party of timely notice of such court order or subpoena(unless receiving party is legally precluded from providing such notice).
This Section 7 will survive termination or expiration of your use of the Services.
The parties agree to comply with all applicable privacy, data protection, anti spam and other laws, rules, regulations and guidelines relating to protection, collection, use and distribution of Personal Information (as defined below).
If required by applicable data protection legislation or other law or regulation, you will inform third parties that you are providing their Personal Information to The Company for processing and will ensure that any required third parties have given their consent to such disclosure and processing.
"PersonalInformation" means any information that identifies, relates to, describes, or can be reasonably associated with or traced to, directly or indirectly, a particular individual or household, including an individual's name, address, telephone number, email address, credit card information, social security number or other similar specific factual information, regardless of the media on which such information is stored (e.g., on paper or electronically).
As part of usingthe Services, you agree that you will comply with all laws, rules, andregulations applicable to you and/or your business, including the HealthInsurance Portability and Accountability Act ("HIPAA"). You representand warrant that you have all rights necessary to any information covered byHIPAA that you use or provide to The Company as part of your use of theServices.
If either of you or your organization are subject to HIPAA as a Covered Entity or BusinessAssociate (as defined in HIPAA) and intend to use the Services in a manner that will cause The Company to create, receive, maintain, or transmit ProtectedHealth Information on your behalf, then, at the outset of creating an account to use the Services for yourself or your organization, you will be required to agree to a Business Associate Agreement and absent agreeing to such BusinessAssociate Agreement you will not be able to use the Services.
You acknowledge and agree that The Company may freely use any patient information so long as such information has been fully anonymized and de-identified prior to any such use.
By sending us messages or inquiries, uploading files, inputting data, or engaging in any other form of communication through the Services, you are granting us a license to use, reproduce, disclose, publish, distribute, and otherwise exploit in any manner the content of any such message, inquiry, file, data, or communication.This license is granted to us without restriction and without the requirement that we compensate you in any way. We are under no obligation to maintain any such message, inquiry, file, data, or communication in confidence, or to provide you with any response or confirmation of receipt.
ArtificialIntelligence is an experimental technology. It may provide Users within accurate or inappropriate information. Information may also be unreliable.
Except as otherwise expressly granted to you in this Agreement, The Company reserves and retain all right, title and interest in the Services, including without limitation, all technology and processes, enhancements or modifications hereto, trademarks, service marks, System design, text, video, graphics, logos, images and icons, as well as the arrangement thereof. You acknowledge that the Services contain proprietary content, information and material protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws, and you agree that, except with our prior written consent or as explicitly provided in this Agreement, using theServices does not, give you any ownership of any intellectual property rights in our Services, or grant you the right to display, modify, reproduce, distribute, create derivative works of, download, store, transmit or otherwise use any of our intellectual property. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
In particular, audio or video content from ChartPro not explicitly indicated as downloadable may not be downloaded or copied from the Services. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Services. If you make other use of the Services, or the content, code, data or materials thereon, except as otherwise provided, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
Other than to operate your business and the business of your affiliates who are authorized to use the Services, you may not access or use for any commercial purposes any part of The System or any services or materials available through The System.You acknowledge and agree that you do not acquire any ownership interest in theServices under this Agreement, or any other rights thereto other than to use the Services in accordance with the license granted. Appropriate legal action may be taken for any illegal or unauthorized use of the Services.
To inquire about obtaining authorization to use the materials or content other than as permitted in this Agreement, please contact The Company at support@ChartPro.ai.
You represent and warrant that:
i. Your use of the Services will be consistent with this Agreement and will not infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties;
ii. You will comply with all applicable laws, regulations and ordinances relating to theServices, the ChartPro Property or your use of them;
iii. You willaccess and process all medical information, including but not limited toPersonal Health Information (as defined in HIPAA) concerning patients that youprovide to ChartPro in accordance with all applicable local, state and federallaws and regulations, including but not limited to HIPAA, and solely for thelimited purposes of receiving the Services or performing permitted treatment orother health care operations activity;
iv. You willprocess information accessed through the Services in accordance withindustry-standard technical and organizational standards to protect the privacyand security of such information;
v. In using theService you will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Service.
You are responsible for obtaining and maintaining the computer and other equipment you use to access the Service, and for paying for such equipment and any telecommunications charges. We are not liable for any loss or damage you suffer arising from damage to equipment used in connection with use of the Service.
THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY THE COMPANY OR BY ANY THIRD PARTY,INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, ANDANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE,OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT ANY OF THE SERVICES OR ANY CONTENT AVAILABLE THROUGH ANY OF THE SERVICES IS ACCURATE, COMPLETE,AVAILABLE, CURRENT, FREE FROM ERRORS OR OTHER DEFECTS (TECHNICAL OR OTHERWISE)THAT WILL BE CORRECTED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DEFECTS,OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION,WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
ARTIFICIAL INTELLIGENCE IS AN EXPERIMENTAL TECHNOLOGY. IT MAY PROVIDE USERS WITHIN ACCURATE OR INAPPROPRIATE INFORMATION. INFORMATION MAY ALSO BE UNRELIABLE.
IN NO EVENT WHATSOEVER SHALL THE COMPANY, ITS AFFILIATES, OR SUPPLIERS, OR THEIR RESPECTIVE OFFICERS,EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, ORFOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES,PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS OF SUCH PARTY'S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD OF ANY MATERIALS IN CONNECTION WITH THE SERVICES IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. COMPANY NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SERVICES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OFANY SERVICES, COMPANY'S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1)THE TOTAL OF ANY FEES PAID BY YOU TO COMPANY IN THE SIX (6) MONTHS PRIOR TO THE DATE THE CLAIM IS ASSERTED FOR ANY OF THE SERVICES OR FEATURE RELEVANT TO THE CLAIM, OR (2) US $500.00.
THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE MADE TO THE FULLEST EXTENT PERMITTED BY LAW.
You shall defend, indemnify and hold harmless ChartPro against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys' fees arising in connection with your use of the Services or breach of any provision of this Agreement. ChartPro reserves the right to assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to provide indemnification hereunder. You will cooperate with ChartPro with respect to such defense and settlement.
In no event shallChartPro be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside ChartPro's reasonable control.
All disputes arising out of or relating to this Agreement or the Services between or amongChartPro and Users shall be resolved exclusively by binding arbitration conducted in Charleston, South Carolina before a single arbitrator (the"Arbitrator") in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the "AAA") then in effect and the further procedures set forth herein. In the event that the AmericanArbitration Association is unavailable or unwilling to administer the arbitration, and the parties are unable to agree to a substitute, a substitute shall be appointed by the court. The Arbitrator shall have authority to issue any and all remedies authorized by law. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 2 et seq., and the laws of the State of South Carolina without reference to principles of conflicts of laws.Notwithstanding any rules of the American Arbitration Association to the contrary, any claims shall be adjudicated on an individual basis, and YOU WAIVE ANY RIGHT TO BRING ANY CLAIM AS A REPRESENTATIVE OF A PROPOSED CLASS, ON AN AGGREGATED OR MASS BASIS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO CONSOLIDATE ARBITRATION PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES THERETO. Any award rendered by the Arbitrator shall be final, conclusive and binding upon the parties hereto. In connection with any arbitration proceeding pursuant to thisAgreement, unless the Arbitrator shall determine otherwise, each party shall bear its own costs and expenses. Notwithstanding the foregoing, you may at your option file an individual claim in any small claims court for disputes or claims within the scope of its subject matter jurisdiction if such court has personal jurisdiction. ChartPro does not hereby waive any defense that such jurisdiction may be lacking in your state. Without derogation of the parties' obligation to arbitrate as set forth herein, for any claims other than those in small claims court, jurisdiction for any court proceedings arising out of or relating to this Agreement or the Services shall be vested exclusively in, and venue shall be laid in, the state or federal courts sitting in Charleston,South Carolina except that, following confirmation of an arbitration award in a state or federal court in Charleston, South Carolina, a judgment arising therefrom may be executed in any court of competent jurisdiction.
YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS,MASS, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION AGAINST CHARTPRO.
If any part of this Arbitration clause is later deemed invalid as a matter of law, then it shall be severed and the remaining portions of this Section 14 shall remain in effect.
ChartPro is pleased to hear from you and welcomes your comments about the Services. In the event that you submit ideas or suggestions about the Services ("ServiceComments"), the Service Comments will be deemed, and will remain, the sole property of ChartPro. None of the Service Comments will be subject to any obligation of confidence on the part of ChartPro, and ChartPro will not be liable for any use or disclosure of any Service Comments. Without limiting the foregoing, ChartPro will be entitled to unrestricted use of the ServiceComments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Service Comments.
The Services may contain links to other websites, cookies, or other materials from, or which maybe operated by, third-party entities. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site byChartPro. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
The Services are offered only to Users located in the United States. The Services are operated by ChartPro from the United States, and ChartPro does not represent or warrant that use of the Services is lawful in other jurisdictions. All matters arising from or relating to the use and operation of the Services shall be governed by the substantive laws of the State of South Carolina, without regard to its conflicts of laws principles. The Uniform Computer Information Transactions Act shall not apply to this Agreement. If you gain access to the Services from locations outside the United States, you will be responsible for compliance with all local laws of any such other location, and in no event will you usethe Services in violation of U.S. export laws or regulations.
No delay or omission by ChartPro in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by ChartPro of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, "including" means"including but not limited to". If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement (including the Privacy Policy and if applicable, theBAA) sets forth the entire agreement between you and ChartPro regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. Your registration, this Agreement and your rights and obligations hereunder are not assignable or transferable by you to any third party without the prior written consent of ChartPro. We may assign this Agreement to any purchaser of theChartPro business. This Agreement may be executed electronically, and your electronic assent or use of the Services shall constitute execution of thisAgreement. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a"signing" for all purposes. Any section headings herein are for convenience only and do not form a part of, and will not be used in the interpretation of, the substantive provisions of this Agreement. You agree that email to your email address on record will constitute formal notice under thisAgreement.
All feedback, comments, requests for technical support and other communications relating to the Services should be sent via email to support@ChartPro.ai.