By using ChartLync App and ChartLync's web sites (defined to include all properties (mobile, Web or
otherwise) owned and operated by ChartLync, LLC.), related data, and/or related services
(collectively, "Services"), you agree to be bound by the following terms of use, as updated
from time to time ("Terms of Use").
If you are acting in your professional capacity, you agree to use the Services for your
personal use only. Commercial use is prohibited without written permission by ChartLync, LLC.
Restrictions and Additional Terms
You agree not to remove or modify any copyright or other intellectual property notices that
appear in the Services. You will not use the Services for resale, service bureau or other
similar purposes. Further:
Acceptable Use
You agree not to use the Services in any way that is unlawful, or harms ChartLync, LLC., its service
providers, suppliers or any other user. You agree not to distribute or post spam, chain letters,
pyramid schemes, or similar communications through the Services. You agree not to impersonate
another person or misrepresent your affiliation with another person or entity. Except as expressly
stated herein, these Terms of Use do not provide you a license to use, reproduce, distribute,
display or provide access to any portion of the Services on third-party Web sites or otherwise.
Automated Queries
Automated queries (including screen and database scraping, spiders, robots, crawlers and any other
automated activity with the purpose of obtaining information from the Services) are strictly
prohibited on the Services, unless you have received express written permission from "ChartLync, LLC.".
As a limited exception, publicly available search engines and similar Internet navigation tools
("Search Engines") may query the Services and provide an index with links to the Services' Web pages,
only to the extent such unlicensed "fair use" is allowed by applicable copyright law. Search Engines
are not permitted to query or search information protected by a security verification system
("login authentication") which limits access to human users.
Materials You Provide; Account Use; Privacy; Third Party Web Sites
For materials you post or otherwise provide to "ChartLync, LLC." in connection with the Services
(your "Submission"), you grant "ChartLync, LLC." an irrevocable, perpetual, royalty-free worldwide license to
(a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare
derivative works of or incorporate into other works, and translate your Submission, in connection with the
Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable
law. "ChartLync, LLC." will not pay you for your Submission or to exercise any rights related to your
Submission set forth in the preceding sentence. "ChartLync, LLC." may remove or modify your Submission at any
time. For each Submission, you agree to provide accurate and complete information and represent that you have
all the rights necessary to grant "ChartLync, LLC." the rights in this paragraph and that the Submission
complies with Section (2a) above. You are solely responsible for all Submissions made through your "ChartLync,
LLC." user account or that you otherwise make available through the Services.
Use of your account
You may not share your "ChartLync, LLC." user account with others. You are responsible for all actions taken
via your account. "ChartLync, LLC." will treat your use of the Services in accordance with its Privacy Policy.
Use of Software
The Services may include software for use in connection with the Services. If such software is accompanied by
an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such
software is not accompanied by a EULA, then "ChartLync, LLC." grants to you a non-exclusive, revocable,
personal, non-transferable license to use such software solely in connection with the Services.
Third Party Materials
"ChartLync, LLC." does not endorse, and takes no responsibility for any third party products, services, Web
sites, and materials listed on ChartLync.com (website) and/or Chartlync mobile application. You understand
that "ChartLync, LLC." has no obligation to, and generally does not, approve or monitor materials provided by
third parties through the Services. Your dealings with any third party arising in connection with the Services
are solely between you and such third party, and "ChartLync, LLC." takes no responsibility for any damages or
costs of any type arising out of or in any way connected with your dealings with these third parties.
No Warranty
"CHARTLYNC LLC." PROVIDES THE SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS
TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, "CHARTLYNC" AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR
IMPLIED. "CHARTLYNC" AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS,
STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND
NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C)
WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
LIABILITY LIMITATION
IN NO EVENT WILL "CHARTLYNC" OR CHARTLYNC, LLC. OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES,
INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT
OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF
YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR
IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE
DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF
ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE
WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST "CHARTLYNC" OR CHARTLYNC, LLC.
OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SERVICES.
Changes; Availabiltiy
"CHARTLYNC" reserves the right to change these Terms of Use at any time in its sole discretion. Any changes
will be effective immediately upon posting the revised version of these Terms of Use to "CHARTLYNC's" Web
sites or as a mobile application update. Your continued use of the Services after the effectiveness of such
changes will constitute acceptance of and agreement to any such changes. You further waive any right you may
have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly
reviewing these Terms of Use. "CHARTLYNC" may alter, suspend or discontinue the Services at any time to you
and/or to others, without notice.
Indemnification
You agree to defend and hold "CHARTLYNC", its affiliates, and their respective directors, officers, employees,
and agents harmless from any and all claims and demands made by any third party due to or arising out of your
breach of these Terms of Use, your use of the Services, your violation of any law or the rights of a third
party, or any Submission made through "CHARTLYNC" app and/or your "CHARTLYNC" user account or that you
otherwise make available through the Services.
Release
You release "CHARTLYNC", its affiliates, and their respective directors, officers, employees and agents from
all liability related to any and all claims and demands you may assert against any third party arising out of
the Services.
Contact
support (at) chartlync (dot) com