PLEASE READ THIS AGREEMENT. ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU ARE BOUND BY THE TERMS OF THIS AGREEMENT AND ANY AMENDMENTS THERETO AFTER THIS DATE.
This Agreement is between you, the subscriber ('subscriber") and Thechartstore, Inc., an Illinois corporation ("Thechartstore"). Thechartstore agrees to provide those persons who have assented to the terms of this Agreement ('subscribers") access to the Chart Library of the web site maintained by Thechartstore via the Internet. Subscriber agrees to pay the Subscription Fee to Thechartstore according to the terms of this Agreement and to abide by the restrictions imposed by this Agreement.
1.1 "Thechartstore Web site" means the Web site located at the URL http://www.thechartstore.com/
1.2 "Acceptance" means that the Subscriber has accepted the terms of this Agreement and has manifested said acceptance by clicking on the ["I Accept/Agree" button or "I Accept/Agree" hypertext link] at the bottom of this Agreement.
1.3 "Subscribers" means those persons or entities who have assented to the terms of this agreement, or an equivalent past agreement, whereby they have been authorized access to the subscriber section of Thechartstore web site.
1.4 "User Name" means the name that the Subscriber shall provide to Thechartstore, along with the Password, which allows Subscriber to access the subscriber section of Thechartstore web site.
1.5 "E-Mail Address" means the e-mail name and/or address that the Subscriber shall provide to Thechartstore.
1.6 "Password" means a sequence of characters that that the Subscriber shall provide to Thechartstore.
1.7 "Subscription Fee" is the fee which has been enumerated in this Agreement and which Subscriber agrees to pay to Thechartstore for access the subscriber section of Thechartstore web site.
1.8 "Information Entry Page" means the Web page that shall be downloaded to Subscriber's computer after Subscriber accepts this Agreement.
1.9 "Intellectual Property" means all intellectual property rights, title, and interest pertaining to the charts, summaries, analyses, and other information presented to Subscriber under this Agreement. Thechartstore is the owner of all Intellectual Property and has the exclusive right to grant licenses to such Intellectual Property.
2. Thechartstore's Duties.
2.1 Thechartstore's Services. Thechartstore is engaged in the business of gathering price data, economic data and other data to publish charts and supporting statistical analyses. These periodic publications are distributed by the Internet and are available to Subscribers.
2.2 Privacy of Subscriber's Information. Thechartstore will learn certain information about you during your access to this site. How we will handle information we learn about you depends upon what you do when visiting our site. If you visit our site to read or download information on our pages, we collect and store only the following information about you:
A. The name of the domain from which you access the Internet;
B. The date and time you access our site; and
C. The Internet address of the website you used to link directly to our site.
If you identify yourself by sending us an e-mail containing personal information, then the information collected will be solely used to respond to your message. The information collected is for statistical purposes. Thechartstore uses software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas. For site security purposes and to ensure that this service remains available to all users, Thechartstore uses software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. Thechartstore will not obtain personally-identifying information about you when you visit our site, unless you choose to provide such information to us, nor will such information be sold or otherwise transferred to unaffiliated third parties without the approval of the user at the time of collection. The only information which may be transferred is credit card information when placing or renewing a subscription.
2.3 Periodic Publications to be Provided by Thechartstore. Thechartstore shall make available PDF files containing charts and supporting statistical analyses via the Internet at Thechartstore web site. The subscription that is available to a Subscriber, and the specific limits on their use, are as follows:
"Single User Subscription - Electronic Delivery. Thechartstore shall make available PDF files containing charts and supporting statistical analyses via the Internet at Thechartstore web site. A Single User - Electronic Delivery Subscriber may personally view the PDF files on the Subscriber's computer monitor, may make a single backup copy of the PDF files to store on a removable disk, and may print copies of the PDF files for his or her personal use, provided that such copy shall include the statement "Copyright [Year] Thechartstore.com."
"Single User Premium Subscription - Electronic Delivery. Thechartstore shall make available PDF files or other files containing charts and supporting statistical analyses via the Internet at Thechartstore web site. A Single User Premium Subscriber- Electronic Delivery Subscriber may personally view the PDF files or other files on the Subscriber's computer monitor, may make a single backup copy of the PDF files to store on a removable disk, and may print copies of the PDF files for his or her personal use, provided that such copy shall include the statement "Copyright [Year] Thechartstore.com."
2.4 Unauthorized Access. (a) In the event that Subscriber determines that another party has gained access to Subscriber's User Name and Password, Thechartstore may require that Subscriber provide a new Password and shall thereafter delete the old Password. (b) In the event that Thechartstore determines that another party has gained access through Subscriber's User Name and Password, Thechartstore may terminate access to Subscriber with no refund of any of the balance of the Subscription Fee.
3. Subscriber's Duties.
3.1 Payment. Subscriber agrees to pay Thechartstore a fee during the term of this Agreement. The fee is defined by the Terms of Payment. THERE WILL BE NO REFUNDS GIVEN TO SUBSCRIBER FOR ANY REASON.
3.2 Information Entry Page. Subscriber shall enter and forward to Thechartstore truthful and factually accurate information on the Information Entry Page. Subscriber shall provide credit card information on the Information Entry Page which Thechartstore shall use according to the Terms of Payment.
3.3 Intellectual Property Ownership. Subscriber acknowledges and agrees that Thechartstore's services, charts and supporting statistical analyses used in connection with the services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Subscribe further acknowledges and agrees that the content contained in the Thechartstore charts and supporting statistical analyses or other information presented to Subscriber through Thechartstore's services are protected by copyrights, trademarks, service marks, patents, trade secrets, moral rights or other proprietary rights and laws. Except as expressly authorized by Thechartstore, Subscriber agrees not to modify, rent, lease, loan, sell, license, distribute or create derivative works based on Thechartstore's services in whole or in part.
3.4 Availability of Access. Subscriber recognizes that the traffic of data through the Internet may cause delays during the delivery of the PDF files containing Thechartstore's charts and supporting statistical analyses and shall not hold Thechartstore liable for delays which are ordinary in the course of Internet use.
4. Intellectual Property Ownership. Thechartstore grants to Subscriber a personal non-transferable and non-exclusive right and license to use its Intellectual Property; provided that Subscriber does not (and does not allow any third party to) copy, modify, or create a derivative work of, or sell, assign, license or sublicense, grant a security interest in or otherwise transfer any right in Thechartstore's services and Intellectual Property.
5. Length of Agreement. The parties agree that the term of this Agreement is for one year. Subscriber shall indicate Subscriber's assent to this Agreement by allowing Thechartstore to charge Subscriber's credit card. Thechartstore reserves the right to terminate this Agreement should Subscriber violate any term of this Agreement.
6. Terms of Payment. Subscriber shall pay a single payment of $129 via credit card to Thechartstore for a one year, single user subscription or $189 via credit card to Thechartstore for a one year, single user premium subscription. Subscriber shall provide Thechartstore with a credit card number and other necessary information as stipulated on the Information Entry Page. Subscribers may also pay by mail by providing the necessary information as stipulated on the Information Entry Page and sending a check or credit card information to the address shown.
7. Information Entry Page. Subscriber shall be prompted to enter the following information on the Information Entry Page after indicating Acceptance of this Agreement. The Information Entry Page shall request the following information:
"Subscriber's first and last names, or business name, if applicable;
"Subscriber's mailing address;
"Subscriber's credit card information, including billing address, if applicable;
"Subscriber's telephone number;
"Subscriber's desired User Name and Password;
"Subscriber's e-mail address.
8. Choice of Law and Venue. It is understood and agreed that the construction and interpretation of this Agreement shall at all times and in all respects be governed by the internal laws of the State of Illinois, without giving effect to the conflict of laws provisions thereof. Venue of any action brought to enforce or relating to this Agreement shall be brought exclusively in the Nineteenth Judicial Circuit located in Lake County, State of Illinois, or the United States District Court for the District of Northern District of Illinois.
9. Indemnification. Thechartstore shall not undertake to resolve any disputes or litigation on Subscriber's behalf involving use of the services described herein, and Subscriber agrees that it shall indemnify, hold Thechartstore harmless and defend Thechartstore against any disputes involving use of the Thechartstore web site and any loss of information provided to Thechartstore by Subscriber including, without limitation, any of Subscriber's personal information as set forth on the Information Entry Page. Said indemnification shall include all costs (including all discovery and deposition costs and costs of appeal) and reasonable attorneys fees at both trial court level and any appeal.
10. Disclaimers and Limitations of Liability. THE SERVICES AND INFORMATION PROVIDED BY THECHARTSTORE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON-INFRINGEMENT. THECHARTSTORE, INC. SHALL NOT BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM THE USE OF ITS REPORTS OR THECHARTSTORE WEB SITE BY SUBSCRIBER OR ANY THIRD PARTY, WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF THECHARTSTORE, INC. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT.
THECHARTSTORE, INC. HAS MADE ALL REASONABLE EFFORTS TO INSURE THE ACCURACY OF THE DATA ON WHICH THE FORECASTS AND PROJECTIONS CONTAINED IN ITS REPORTS HAVE BEEN BASED BUT CANNOT AND DOES NOT GUARANTEE THE ACCURACY OF SUCH UNDERLYING DATA OR STATISTICS.
THECHARTSTORE, INC. FURTHER ASSUMES NO RESPONSIBILITY OR LIABILITY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY DUE TO ANY LOSS OR DAMAGE THAT SUBSCRIBER OR ANY THIRD PARTY MAY INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THECHARTSTORE WEB SITE OR THE TIMELY DELIVERY OF ITS REPORTS TO SUBSCRIBER, OR DUE TO ANY OTHER CAUSE RELATING TO SUBSCRIBER's ACCESS TO, INABILITY TO ACCESS OR USE THECHARTSTORE WEB SITE OR THE REPORTS SUBSCRIBED TO HEREUNDER, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF THECHARTSTORE, INC.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCH, SOME PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER. IN SUCH JURISDICTIONS, THECHARTSTORE's LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
11. Entire Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the matter stated herein, and this Agreement contains all of the covenants and agreements between the parties with respect thereto. This Agreement may be amended or modified only in writing, and shall be effective upon the parties" indication of acceptance.
12. Knowing Consent and Authority to Consent. The parties knowingly and expressly consent to the foregoing terms and conditions. Subscriber represents it is an individual 18 years of age or older or an appropriate business entity duly qualified and in good standing, and is authorized to enter into this Agreement individually or on behalf of its respective party.
13. Virus Protection. The parties agree that both parties shall have their own virus protection and shall keep it up to date as reasonably possible and shall be responsible for scanning and removing a computer virus on their own computer(s). Neither party may make any type or form of claim for damages including but not limited to compensatory, incidental, consequential, exemplary, and lost-profits (as allowed by law of the jurisdiction), against the other party for causing a virus to be transmitted, sent or delivered which may or may not cause damaged to the other party's computer, computer system, network, or business.
14. Attorneys Fees. In the event of a breach of this Agreement, Subscriber agrees to pay the Thechartstore's reasonable attorneys fees (through appeal) and costs for enforcement of this Agreement in the event that Subscriber shall breach any of the terms hereof. All of the Thechartstore's remedies for breach of this Agreement shall be cumulative and the pursuit of one remedy shall not be deemed to exclude any other remedies.
15. Miscellaneous: If any portion of this agreement is unenforceable for any reason, the remainder shall remain in force and effect as much as possible. Each person signing this Agreement warrants that he is authorized and has full authority to execute this Agreement. This is the entire agreement among the parties relating to the Subscriber's use of the Web Sites and his or her subscription to the Web Sites. There are no other oral or printed agreements relating thereto. This Subscription Agreement is fully integrated and should be interpreted without reference to any representation or statement made outside of the terms of the agreement. Thechartstore assign its rights in this agreement so long as the assignee undertakes to provide services substantially similar to the Web Sites. Because of the low subscription price the Subscriber may not assign his or her rights in this agreement.
16. Modification or Amendment: Thechartstore may amend this agreement at any time by notifying Subscriber by e-mail.
PLEASE READ THIS AGREEMENT CAREFULLY. COMPLETING YOUR SUBSCRIPTION MEANS THAT YOU ARE BOUND BY THE TERMS OF THIS AGREEMENT AND ANY AMENDMENTS THERETO AFTER THIS DATE.