2CHARTS.COM TERMS OF USE

Last updated 3-October-2012

PLEASE READ THIS SERVICE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE 2CHARTS.COM SERVICE (AS DEFINED BELOW). BY PAYING FOR THE 2CHARTS.COM SERVICE OR USING THE 2CHARTS.COM SERVICE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU MAY NOT USE THE SERVICE. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

1. DEFINITIONS:

1.1 "2CHARTS.COM" or "2CHARTS.COM ENTITIES" means the legal owners of the www.2charts.com service, currently CT Corporate Technologies s.r.o., Kopcianska 10, SK-85101 Bratislava
1.2 LICENSE. Subject to the terms and conditions of this Agreement, in case that 2CHARTS.COM receives payment from User, in the amount and currency as communicated on the www.2charts.com website, 2CHARTS.COM grants User a limited, non-exclusive, non-transferable, non-sublicensable license to use the 2CHARTS.COM Service. User with a license may use the 2CHARTS.COM service on User’s personal computer, including desktop, laptop, mobile device. User may also use the 2CHARTS.COM service during the user's "TRIAL" period.
1.3 "2CHARTS.COM Account" means the digital account that 2CHARTS.COM maintains and associates to a user's Google account. 2CHARTS.COM will store deposits (through payments or coupons) and their associated service usage credit in the user's account. Each deposit and their associated usage credit will have an expiration date. Upon usage of the 2CHARTS.COM service, 2CHART.COM will also store usage information in the account. Depending on the amount of usage, the account credit balances will decrease.
1.4 "2CHARTS.COM Account Expiration" means the event when each deposit that is associated with the user's account has either expired, or its credits have been used so that the credit balances have decreased to 0 (zero).
1.5 "Third-Party Content" means the web content of certain third parties that 2CHARTS.COM may deliver with the Service.

4. OPERATION.

2CHARTS.COM may change, suspend or discontinue the Service, in whole or in part, as necessary to perform maintenance or updates to the Service. 2CHARTS.COM may impose limits on certain features or restrict access to parts or all of the Service from time to time. 2CHARTS.COM may, upon our sole discretion, block certain websites, or certain content types, from being accessible through the service.

5. PRIVACY.

2CHARTS.COM takes the matters of protection and security of its users information very seriously and will treat any and all such information in accordance with the following: 2CHARTS.COM may store usage information for the purpose of process improvement of the 2CHARTS.COM services, however 2CHARTS.COM has NO intention to share that information with 3rd parties (unless required to do so by government or law).

6. Termination

This License is effective until terminated. Your rights under this License will terminate automatically without notice from 2CHARTS.COM if you fail to comply with any of the terms of this License. Your rights under this license will also terminate upon 2CHARTS.COM Account Expiration. Upon termination of this License, you shall cease all use of the 2CHARTS.COM service.

7. Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE 2CHARTS.COM SERVICE IS AT YOUR SOLE RISK AND THAT RISK IS ACCEPTABLE TO YOU. THE SERVICE IS PROVIDED “AS IS” and "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WITHOUT RESTRICTION, 2CHARTS.COM HEREBY DISCLAIMS ANY WARRANTY THAT THE SERVICE OR THE CHARTS GENERATED BY THE SERVICE WILL DELIVER ANY RESULTS OR SATISFACTORY RESULTS.
A.
2CHARTS.COM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE 2CHARTS.COM SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. 2CHARTS.COM DOES NOT WARRANT THAT THE 2CHARTS.COM SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICE AND SOFTWARE WILL BE COMPATIBLE WITH OTHER THIRD PARTY SERVICE AND SOFTWARE, BROWSERS, SERVERS OR PLATFORMS. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE 2CHARTS.COM ENTITIES OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THIS LICENSE SUPERSEDES ALL CLAIMS MADE ORALLY OR IN WRITING OUTSIDE OF THIS LICENSE.
B.
THE 2CHARTS.COM SERVICE MAY FORWARD MODIFIED COPIES OF THIRD-PARTY WEBSITES OR RESOURCES TO YOU. YOU ACKNOWLEDGE AND AGREE THAT THE 2CHARTS.COM ENTITIES ARE NOT RESPONSIBLE OR LIABLE FOR: (i) THE AVAILABILITY, COMPLETENESS, TIMELINESS, ACCURACY, SECURITY OR RELIABILITY OF SUCH WEBSITES OR RESOURCES; or (ii) THE AVAILABILITY, COMPLETENESS, TIMELINESS, ACCURACY, SECURITY OR RELIABILITY OF THE 2CHARTS.COM GENERATED MODIFIED COPIES OF SUCH WEBSITES OR RESOURCES; or (iii) THE DEGREE TO WHICH THESE MODIFIED COPIES MATCH THE ORIGINAL WEBSITES OR RESOURCES REGARDING, WITHOUT LIMITATION, CONTENT, PRESENTATION OR FUNCTIONALITY; or (iv) THE CONTENT, PRODUCTS, SOFTWARE OR SERVICES ON OR AVAILABLE FROM SUCH WEBSITES OR RESOURCES; or (v) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF SUCH WEBSITES OR RESOURCES; or (vi) THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY SUCH WEBSITES OR SERVICES; FORWARDING THE CONTENT OF SUCH WEBSITES OR RESOURCES DOES NOT IMPLY ANY ENDORSEMENT BY THE 2CHARTS.COM ENTITIES OF SUCH WEBSITES OR RESOURCES OR THE CONTENT, PRODUCTS, OR SERVICES AVAILABLE FROM SUCH WEBSITES OR RESOURCES. YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM YOUR USE (EITHER DIRECTLY OR THROUGH THE 2CHARTS.COM PROXY SERVERS) OF ANY SUCH WEBSITES OR RESOURCES, OR ANY CONSEQUENCES THEREOF.

8. Indemnity

You agree that 2CHARTS.COM shall have no liability whatsoever for any use you or any third party make of the 2CHARTS.COM SERVICE. You hereby agree to indemnify and hold harmless 2CHARTS.COM from any and all damages, liability, costs, and expenses (including attorney’s fees) arising from claims related to your use, and your customers’ use, of the 2CHARTS.COM service.

9. Limitation on Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL 2CHARTS.COM OR ITS SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR PERSONAL INJURY, OR FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE 2CHARTS.COM SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE). Some jurisdictions do not allow for the limitation of liability for personal injury or of incidental or consequential damages, so this limitation may not apply to you. In no event shall 2CHARTS.COM’s aggregate liability to you for all damages exceed the amount paid BY YOU for the SERVICE license.

10. Injunctive Relief

Because of the proprietary nature of the 2CHARTS.COM service, you understand that 2CHARTS.COM will suffer irreparable injury in the event that you fail to comply with the terms of this License, and that monetary damages will be inadequate to compensate 2CHARTS.COM for such breach. Accordingly, you agree that 2CHARTS.COM will, in addition to any other remedies available to it at law or in equity be entitled to injunctive relief to enforce the terms of this License.

11. Refunds & Support

The 2CHARTS.COM service is sold “AS IS” and there are no refunds. All software services have bugs, and if you discover one, please let us know. While we will do our best to fix them in later releases; however, this License does not entitle you to any support, upgrades, patches, enhancements, or fixes for the 2CHARTS.COM SERVICE (collectively, “Support”). Without limiting the foregoing, any such Support for the 2CHARTS.COM service that may be made available by 2CHARTS.COM shall become part of the 2CHARTS.COM service and subject to this License.

12. Complete Agreement

This License constitutes the entire agreement between the parties with respect to the use of the 2CHARTS.COM service. It supersedes all prior agreements and understandings regarding the 2CHARTS.COM service. No modification or amendment of this License will be binding unless provided in writing, and signed by an authorized signatory of 2CHARTS.COM.

13. Waiver

All waivers under this Agreement must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

14. Assignment

This License is personal to you and you shall not assign or transfer the License or the 2CHARTS.COM SERVICE to any third party under any circumstances. 2CHARTS.COM may freely assign its rights and obligations under this License.

15. Waiver and Severability

The failure of 2CHARTS.COM to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.