Terms of Service

WEBSITE USER AGREEMENT

  1. INTRODUCTION. Welcome to FractionalCharting.com. We start every new customer relationship with a contract. The following contract spells out what you can expect from us, and what we expect from you. If you agree to what you read below, you should click “I Agree to the Terms and Conditions of This site” before purchasing a product to acknowledge that you have agreed. We intend this to be the legal equivalent of your signature on a written contract, and equally binding. Only by clicking “I Agree to the Terms and Conditions of this Site” will you be able to access and use the services available on this Website.
  2. LICENSE OF INFORMATION. This Agreement is made solely for access to Fractional Charting (FC) at https://www.FractionalCharting.com and those information products provided therein and subscribed to by you (the “Information”). FC hereby grants you a non-exclusive, non-transferable, revocable license to access and use the Information, subject to this Agreement. All rights not explicitly granted in this Agreement are reserved by FC. FC owns the Information and retains all rights, including copyrights, in the Information. The Information is protected by copyright pursuant to U.S. copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2 of this Agreement), create new works from, distribute, perform, display, or in any way exploit, any of the Information (including software) in whole or in part.
  3. RESTRICTIONS. You acknowledge and agree that you may not reproduce, resell, publish, transmit, disseminate, distribute, or commercially exploit the Information in its existing or any altered form by any means. You understand and agree that the Information acquired hereunder is for your personal, non-commercial use. You agree that you will not disseminate the Information acquired hereunder to any third party. You agree not to use the Information, or permit its use, for any illegal purpose. You further understand and agree that you may download any race card or product for your personal, non-commercial home use only, and provided that you maintain all copyright and other proprietary notices contained therein. Copying or storing any of the Information for other than personal use is expressly prohibited. You agree not to use any robot, spider, scraper or any other automated means, by whatever name known, to access FractionalCharting.com for any purpose without Fractional Charting expressly providing, in an authorized writing, such permission. You agree not to take any action that imposes, or may impose in Fractional Charting sole discretion an unreasonable or disproportionately large load on Fractional Charting’s infrastructure. The use of any of the Information on any other Web site or computer environment is prohibited. You may not republish any portion of the Information on any Internet or Intranet site. You may not distribute any of the Information to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Information in other media or for other than your personal use. You agree not to reverse engineer or disassemble any software or other products or processes accessible through FractionalCharting.com.
  4. USERNAMES AND PASSWORDS. FC has given you a username and password to access the Information. You agree not to disclose this username or password to any third party. You shall be responsible for all charges and activities incurred under your username and password and agree not to sell, transfer or assign your username, password and any of the subscriber rights or privileges herein. FC reserves the right to terminate your subscription if individuals from more than one household access the subscription services available on the Web site using any single username or password. You are responsible for maintaining the confidentiality of your username and password and for restricting access to your computer so others outside your household may not access this Web site using your username and password without FC’s written permission. If you believe someone has accessed this Web site using your username and password without your authorization, e-mail us immediately at the address contained below.
  5. LINKS TO OTHER WEBSITES. As a convenience and to make the Fractional Charting’s Website truly service oriented from time to time we have included links to complementary sites on the Internet. These sites are owned and operated by third parties. FC makes no representation and is not responsible for the availability of, or content located on or through, these third party sites. A third party link from the FC Website is not an indication that FC endorses the third party or its site, or has any affiliation with or between FC and the third party hosting site.
  6. FEES AND PAYMENT. FC will charge you fees depending upon the type of products and services you have selected. You should review the complete and current price list before purchasing any products or signing up for any services. You will be given the opportunity to pay by credit card when you sign up. You can cancel your account at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges, on subscription based services, for the month for which you discontinued service and any products which you purchased. You hereby authorized FC to use the credit card information furnished by you to FC hereunder for purposes of fulfilling your payment obligations under this Agreement You represent and warrant that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by you will be honored by your credit card company and (iii) you shall pay charges incurred by yourself at the amounts in effect at the time incurred, including all applicable taxes. You shall be responsible for all charges incurred through use of your password. You agree to keep your password confidential and to notify FC within 24 hours of any breach of this Contract or unauthorized use of the password. FC does not protect you from unauthorized use of your password.
  7. TERM OF AGREEMENT. This Agreement will continue until either party, at any time, with or without cause, gives notice of termination to the other party. FC may at any time deny access to the Information or deny, change, or terminate your username and password, with or without cause, and without liability. Upon any termination of this Agreement, FC will refund to you any amounts paid for Information not yet received by you. Please note that you are responsible for updating your personal information to provide FC with your current physical and e-mail address and phone number (contact information). If your account becomes inactive for a period of 2 years or more FC will make every reasonable attempt to contact you to inform you of this inactivity and give you a full refund of any money remaining in your account. In the event that the most recent contact information that you have provided to FC is not valid, or for any other reason is not capable of delivering to you the notice described herein, FC’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the cancelation of your account. In the event that FC does not hear back from you within a reasonable amount of time regarding FC’s inquires to cancel your account FC will cancel your account and take ownership of the remaining amount of money in your account.
  8. AMENDMENT. FC reserves the right, in its sole discretion and at any time, to change, modify, add or delete the terms and conditions applicable to the use of this Web site and the Information therein, or any part thereof, or to impose new terms and conditions. In the event that FC does so act, it will notify you of any such change, modification, addition or deletion by a posting on this Web site, or by electronic or conventional mail. Any such change, modification, addition or deletion will be effective upon seven (7) calendar days following such notice. ANY USE OF THIS WEB SITE AND THE INFORMATION THEREIN AFTER THE EFFECTIVE DATE OF THE NOTICE SHALL BE DEEMED TO CONSTITUTE ACCEPTANCE OF SUCH CHANGES, MODIFICATIONS, ADDITIONS OR DELETIONS. Please note that you are responsible for updating your personal information to provide FC with your current e-mail address. In the event that the most recent e-mail address that you have provided to FC is not valid, or for any other reason is not capable of delivering to you the notice described herein, FC’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes, modifications, additions or deletions contained in the notice.
  9. LIMITATIONS OF LIABILITY. ACCORDINGLY, YOUR USE OF THE ONLINE SYSTEM IS ENTIRELY AT YOUR SOLE RISK. FC WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH OUR SYSTEM, YOUR USE THEREOF OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SYSTEM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
  10. INDEMNITY. You shall defend and indemnify FC and hold FC harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees), relating to any acts by you or materials or information transmitted by you in connection with our system, leading wholly or partially to claims against us or our system by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action.
  11. DISCLAIMERS OF WARRANTY. THE SYSTEM AND INFORMATION IS PROVIDED “AS IS” AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE.
  12. CHOICE OF LAW. You agree that this Agreement shall for all purposes be governed by and construed in accordance with the laws of the State of California and that any action arising out of this Agreement shall be litigated and enforced under the laws of the State of California excluding the conflicts of laws principles thereof. Each party hereby agrees to submit to the exclusive jurisdiction of any state or federal court in the County of San Diego in respect of any dispute arising out of, based upon, or relating to, this Agreement.
  13. GENERAL PROVISIONS. If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force. This contains the entire agreement between you and FC concerning your use of the site. This Agreement may be amended, and any of the terms thereof may be waived, only by a written document signed by each party to this Agreement or, in the case of waiver, by the party or parties waiving compliance. Nothing in this Agreement shall be deemed to constitute any party a partner, joint venture, employer, employee, master, servant, principal, or agent of any other party or of any other person. You may not assign any of your rights or obligations hereunder without the advance written consent of FC If you have questions regarding FC’s Terms and Conditions, please email: Support@FractionalCharting.com.
  14. ACKNOWLEDGMENT. IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS ONLINE SUBSCRIBER AGREEMENT, please click the “I Agree to the Terms and Conditions of this site” box below. If you do not agree to the terms of the Subscriber Agreement, please do not click the box and log off the system.