Last updated on April 3, 2008 and effective immediately upon posting.
Welcome to OurChart.com, the social networking site for lesbians and their friends, owned and operated by OurChart.com LLC ("OurChart," "Site," "we," "our," or "us"). This is the official Terms of Service agreement for the Site ("Agreement"). Though gay women will be the primary beneficiaries of the Site, membership is not by any means limited to lesbians. We envision the Site as an enthusiastically diverse network for queers and queer-friendly people of all stripes. We want you to register, connect, invite your friends and meet new ones. Build your own constellation online and reach out to the stars!
This Agreement sets out the legally binding terms for your use of the Site and your membership in OurChart.com services ("Services"). You will be deemed to have accepted the terms of this Agreement upon your use of the Site or by registering for membership. This Site and the Services are also governed by our Privacy Policy and any additional terms (such as the Member Submission Agreement) that may govern a particular service or feature, which are incorporated into this Agreement by reference. This Agreement contains the entire agreement between you and OurChart regarding the use of the Site or the Services. We may modify this Agreement from time to time and such modification shall be effective upon its posting to the Site. Your continued use of the Site and/or the Services after any such change constitutes your acceptance of the new Terms of Service. You are solely responsible for regularly reviewing this Agreement so that you will be apprised of any changes. Defined terms used in this Agreement, if not defined herein, are defined in the Privacy Policy.
The words "use" or "using" in this Agreement, mean any time an individual (a "user"), whether or not registered for membership on the Site, directly or indirectly, with or without the aid of a machine or device, accesses or attempts to access, interact with, display, view, download, upload, print or copy from the Site, transmit, receive or exchange data or communicate with the Site or the users, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. The definition of users also includes those persons that have registered for and have been accepted for membership on the Site ("Members").
Please note that if you sign up for one or more features of the Site that are provided by third parties, then you may be required to agree to the terms of service with those parties as well. Any such terms of service are separate and different from, and in addition to, this Agreement. You can find a link to the current version of terms of service for each of our third party service providers here in this section of the Terms of Service, when and if those services become available.
The content of this Site is not for everyone. There are various parental control protections (such as computer hardware, software, or filtering services) for parents to control their child's access to websites that may have objectionable content, or content that parents personally do not wish their child to be exposed to. We do not endorse or recommend any such services or software, and parents must conduct their own research. For the convenience of our users and parents, please click here for a sample of information about children's safety on the internet.
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User and Member Eligibility.
This Site is designed for and targeted to adults. It is intended solely and exclusively for residents of the United States, its territories and possessions, who are at least 18 years of age or older. In order to use and access the features and services provided by this Site you must be 18 years of age or older (or whatever the applicable age of majority (legal adulthood) is where you are located), and a resident of the United States of America and its territories and possessions ("U.S."). If you are not an adult, or if you do not reside in the U.S., please stop and discontinue any use of this Site. If for any reason you do not agree with all of the terms and conditions contained in this Agreement, including the Site's Privacy Policy and any other terms and conditions, please discontinue using the Site immediately. By using the Site or the Services, you certify that you are a resident of the U.S., that you are a legal adult, that you meet all other eligibility and residency requirements, and that you are fully able and legally competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement and to abide by and comply with these terms and conditions. Use of and membership to the Site and the Services is void where prohibited.
Persons that are not legal adults are ineligible to register as a Member on this Site and if unbeknownst to OurChart, such persons are registered on the Site, they are in violation of this Agreement. Parents (including legal guardians) who wish to terminate their ineligible child's membership must follow the instructions in the Site's Privacy Policy.
We reserve the right to deny access, use and registration privileges to any user, including without limitation a registered Member, of any services, features or functions of the Site if we believe there is a question about the identity of the person trying to access the user's account or any services, features or functions or if the user's identity is itself in question. If we believe that the burden and expense of providing access to your Personal Information is disproportionate to the risk of a violation of your privacy, or if the legitimate rights of others would be violated, we may decide not to provide access to such information. In such cases, we will provide an explanation of why access cannot be provided and a contact person for further inquiries.
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Termination of Site, Services and/or Your Membership.
- This Agreement, as it may be modified from time to time, will remain in full force and effect while you use the Site or the Services and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Member agreement page. We may terminate your membership immediately at any time, for any reason. Once your membership is terminated, you will have no right to use the Site or the Services. However, this Agreement will remain in effect notwithstanding termination for any reason, especially the sections on proprietary rights, disclaimer of warranties, indemnities, and limitations of liability.
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OurChart may also, at its sole discretion, at any time, discontinue – temporarily or permanently – providing the Site or the Services, or any part thereof, with or without notice. You agree that any termination of access to or use of the Services under any provision of this Agreement may be effected without notice, and acknowledge and agree that OurChart may immediately deactivate or delete your membership account and all related information and files in your account and/or bar any further access to such files or to the Site. Further, you agree that OurChart shall not be liable to you or to any third party for any termination or suspension of your access to the Site and the Services, or for any modification of the Site and the Services.
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Membership and Services Fees.
Membership to OurChart.com is free. However, we may charge a fee for access to certain components of the OurChart Site at some point in the future, such as exclusive content, premium connection features, or classified listings. We reserve the right to change any such fees at our discretion, and we will provide advance notice and premium subscription information to our Members. Premium service fee collection may be handled by a third party operational service provider, or it may be handled by us. In any case, the process for subscription will be clearly delineated here. Additionally, if OurChart terminates your membership because you have breached this Agreement, you understand and agree that you shall not be entitled to a refund.
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Screen Names and Passwords.
As part of the Member registration process, you will be asked to choose a screen name and password (collectively, "Member ID"). You are solely responsible for any and all use of your account and you will be responsible for all activities occurring under your Member ID. You will also be solely responsible for maintaining the confidentiality of your password. You agree to notify OurChart immediately if you suspect any unauthorized use of your account or access to your password. OurChart may refuse to grant you a screen name that is used by or impersonates someone else, is in fact or may be protected by trademark or proprietary rights law, or is offensive or otherwise inappropriate, as determined in our sole discretion. You also agree not to use the account, screen name or password of another Member at any time or to disclose your password to any third party.
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Non-commercial Use by Members.
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The Site and the Services are for the personal, non-commercial, non-transferable, non-assignable and non-exclusive use of individual Members only, and may not be used in connection with any commercial endeavors without express written consent from OurChart. Advertising to, or solicitation of, any Member by another Member to buy or sell any products or services through the Services is strictly prohibited. It is also a violation of these rules for any Member to use any information obtained from the Site or the Services, including another Member's Personal Information, in order to contact, advertise to, solicit, or sell to any Member without that Member's prior explicit consent.
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In order to protect our Members from unsolicited advertising or solicitation from other Members, OurChart reserves the right to restrict the number of emails which a Member may send to other Members through the Services in any 24-hour period to a number which OurChart deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited email, instant messages or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to OurChart, but that the amount of such harm would be very difficult to ascertain. Therefore, you understand, acknowledge and agree that you are subject to the legal actions listed below in subsection (c), including without limitation, equitable relief.
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You understand, acknowledge and agree that illegal and/or unauthorized use of the OurChart Site or the Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of, or linking to, the Site, is prohibited. Commercial advertisements, links, and other forms of solicitation may be removed from Member profiles at any time without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of our Site or the Services, including without limitation, civil, criminal, injunctive and any equitable relief. In addition to the above restrictions, you may not authorize, enable or otherwise grant to any other person, organization, company, or business access to your OurChart Member profile or other content uploaded on the website for the purpose of extracting such profile information or other content.
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OurChart Proprietary Rights.
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Rights in Content on OurChart - Except for Member and Non-Member Content (as defined below), the contents of this Site, including all software, design, text, images, photographs, illustrations, audio and visual material, artwork, graphic material, databases, proprietary information and all copyrightable or other elements of the Site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "OurChart Content"), are the property of OurChart, its parent companies, subsidiaries, corporate affiliates, suppliers, operational service providers, advertisers, promotional partners, and/or sponsors, and persons who provide content to OurChart under a license agreement separate and apart from this Agreement ("OurChart Licensors") and are legally protected, without limitation, under U.S. Federal and State (as well as applicable foreign) laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "Site" includes "OurChart Content" as well.
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Provided that you are eligible for use of the Site, you are granted a limited personal, non-exclusive, non-commercial, non-assignable and non-transferable license that authorizes you to use the OurChart Content on and via the Site only. You are authorized to access and view a single copy of the OurChart Content on the Site solely for your personal, noncommercial use provided that you shall not, nor will you allow any third party (whether or not for your benefit) to copy, adapt the object code of the Site's software, HTML, JavaScript, or otherwise, or reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Site creates to generate its pages on the Site. You agree that you will not or allow a third party to (whether or not for your benefit), in whole or in part, sell, lease, rent, exchange, reproduce, archive, modify, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, or circulate to any third party or on any third party website, or otherwise use the OurChart Content in any way for any public or commercial purpose without the express written approval of OurChart. You also agree not to reproduce, display or use in any manner, the Site's trademarks, domain names, logos, slogans, and contest and program names without the express written approval of OurChart. The use of the OurChart Content on any other website or in a networked computer environment for any purpose is prohibited. Any unauthorized or prohibited use of any OurChart Content may subject you to civil liability, criminal prosecution, or both, under applicable foreign, federal, state and local laws. We require users of this Site to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. With proper notice, we will act expeditiously to remove content on the Site that infringes the copyright or other rights of others and will disable the access to the Site and the Services by anyone who uses them to repeatedly infringe the intellectual property rights of others. Please see our "Copyright Infringement Claims" section below.
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If any user has a complaint regarding any content submitted by a Member of the Site that is not related to copyright infringement but is objectionable and/or violates the terms of this Agreement, the user may contact OurChart by clicking the "Report this" button at the bottom of each webpage or by sending an email to the Site's Web Administrator, at report AT ourchart.com. In your complaint please provide the reason for your complaint, the location of the content on the Site by webpage or feature, the specific type of content, and the name of the author, if available.
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U.S. Export Controls - Software available in connection with the Site and the Services (the "Software") is further subject to U.S. export controls. No software may be downloaded from the Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
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Member and Non-Member Proprietary Rights.
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Types of Member Content - Any content submitted to the Site, including Member Submissions (as defined below), or sent via email to the Site's Web Administrator by any Member is called "Member Content." Only Members are allowed to submit, publish, post, upload or display videos, photographs, images, graphics or any visual and/or audio content in any form (collectively, "Member Submissions") to the Site. Such visual/audio content may require the Member's consent to the Site's "Member Submission Agreement" that includes additional terms incorporated into this Agreement by reference. OurChart reserves the right to waive this Agreement's prohibition against posting Member Content that may infringe the copyright or other rights of any other person or entity, but only with respect to a Member's submission of content that is excerpted from and that promotes the exhibition of the series "The L Word." For example, at our discretion, on a case-by-case basis, we may allow video or audio clips from the series to be submitted to the Site that (i) are no more than two (2) minutes long individually or more than four (4) minutes long in the aggregate, (ii) promote the exhibition of the series, and (iii) are not objectionable in any other manner. However, any such waiver may be withdrawn at any time, and neither such waiver nor any act or omission on the part of OurChart will be considered a waiver of any other provision of this Agreement, nor shall any such waiver affect the full and vigorous enforcement of this Agreement with respect to any other infringing content on the Site.
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Types of Non-Member Content - Non-Members may also submit general comments or questions to the Site's Web Administrator via email ("Non-Member Content") but Non-Members may not submit content for any other feature of the Site.
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Members and Non-Members are solely responsible for any content that they may submit, including Member Submissions, text, links, opinions, messages, or any other creative works, data or information including on or to your Member profile), and any consequences that are a result of such Member Content or Non-Member Content. No content from either Members or Non-Members may infringe on the rights of another person or entity. Member Content and Non-Member Content do not necessarily reflect the viewpoints, opinions or policies of OurChart. We do not endorse any such content and we make no warranties, express or implied, as to the content or to the accuracy and reliability of Member Content or Non-Member Content or any material or information that you post on the Site or transmit to other Members. We are not obligated to monitor, screen, or edit your Member Content or Non-Member Content, although we reserve the right to do so, nor shall we be liable for any Member Content or Non-Member Content that is in violation of this Agreement. In no event shall the Site have or be construed to have any responsibility or liability for or in connection with any Member Content or Non-Member Content whatsoever; however, if we determine, in our sole discretion and judgment, that any such content does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (i) refuse to allow you to submit, publish, display or upload any Member Content or Non-Member Content; (ii) remove and delete Member Content or Non-Member Content; (iii) revoke your right to use the Site; and/or (iv) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or terminating your membership.
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The amount of storage space on the Site per user is limited. Some Member Content or Non-Member Content may not be processed due to space constraints, or inbound or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Member Content or Non-Member Content or any failure to store, receive or deliver such content in a timely manner or any other matter relating to Member Content or Non-Member Content.
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Responsibility for Member Content Submitted to the Official Chart - Only Members may submit content to the Chart. In addition, Members shall remain fully responsible for any such content. Members will not be able to add another person to the Chart until OurChart has received permission from the Member whom you wish to add.
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Proprietary Rights in Member Content or Non-Member Content - OurChart does not claim any ownership rights in Member Content or Non-Member Content. By submitting, publishing, displaying, or uploading any Member Content or Non-Member Content to the Site or to the Site's Web Administrator, you automatically grant, and you represent and warrant that you have the right to grant to OurChart an irrevocable, perpetual, non-exclusive, non-compensable (meaning that OurChart is not required to and will not pay you or provide any other form of compensation for any use, display or distribution of your Member Content or Non-Member Content), worldwide license to use, copy, perform, display, and distribute such content and to prepare derivative works of, or incorporate such content into other works, and to grant and authorize sublicenses of the foregoing. If Member Content originates from you or your Member account, you hereby agree that:
you are placing the Member Content in a public area without further control over the Member Content or its use on the Site and you specifically authorize us to use such Member Content, in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature;
you represent and warrant that (A) the Member Content is original to you or fully cleared for use as contemplated herein, (B) the Member Content does and will not, in any way, violate or breach any of the terms of this Agreement, (C) the Member Content does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright (including without limitation any music right) or other right of any person or entity, or contain any matter the publication or sale of which will violate any foreign, federal or state statute or regulation, (D) the Member Content is not obscene or in any other manner unlawful, (E) the Member Content shall not be injurious to the health of any user, and (F) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Member Content;
if your Member Content incorporates the name of a person, you specifically represent and warrant that you have obtained such person's consent to use her/his name in such Member Content;
if your Member Content incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to do so and to place such Member Content in public areas and grant OurChart.com the right to use such Member Content as described above; and
we have the right to delete, edit, re-format, alter and/or change your Member Content in any manner that we may deem appropriate to comply with any applicable law, regulation and/or this Agreement.
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Copyright Infringement Claims.
If you believe that the Site contains elements that infringe your copyrights in your work, please follow our Notice and Procedure for Making Claims of Copyright Infringement as provided by the Digital Millennium Copyright Act linked here.
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the Site should be sent ONLY to our Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING THE SERVICE PROVIDER REFERENCED BELOW THAT YOUR COPYRIGHT MATERIAL MAY HAVE BEEN INFRINGED.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Written notification must be submitted to the following Designated Agent:
Service Provider(s): OurChart.com
Name of Agent Designated to Receive Notification of
Claimed Infringement: Copyright Compliance Officer
Full Address of Designated Agent to Whom Notification Should be Sent:
OurChart.com LLC
1610 Cosmo St. Suite 404
Hollywood, CA 90028
Telephone Number of Designated Agent: 323-464-7447
Facsimile Number of Designated Agent: 323-464-7479
Email Address of Designated Agent: editors AT ourchartinc.com
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
a. An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
b. Identification of the copyrighted work (or works) that you claim has been infringed;
c. A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
d. A clear description of where the infringing material is located on our Site, including as applicable the webpage and its URL, so that we can locate the material;
e. Your name, address, telephone number, and e-mail address;
f. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
g. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
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Prohibited Content and Conduct.
The following content and conduct is prohibited to post on or through the Site or the Services. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this Agreement, including without limitation, removing the offending Member Content or Non-Member Content from the Site or the Services, terminating the membership of such violators, and reporting any activity or conduct to law enforcement. Prohibited content and/or conduct includes without limitation content and/or conduct that:
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Is patently offensive and/or promotes racism, bigotry, homophobia, sexism, misogyny, hatred or physical harm of any kind against any group or individual;
Involves criminal, tortious and/or objectionable activity, including child pornography, fraud, trafficking in obscene or indecent material, drug dealing, gambling, stalking, harassment or advocates harassment of another person;
Exploits people in a sexual or violent manner;
Contains nudity, violence, or offensive subject matter or contains a link to an adult website;
Solicits Personal Information from anyone under 18 years of age;
Solicits passwords or Personal Information for commercial or unlawful purposes from other users or Members;
Provides any telephone numbers, street addresses, last names, URLs or email addresses;
Provides information that you know is false or misleading or provides illegal activities or conduct that is abusive, threatening, obscene, defamatory, libelous, or otherwise inappropriate;
Provides an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protection measures, or providing pirated music or video or links to pirated music or video files;
Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spamming," "spimming," or "phishing";
Contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy or publicity, or providing or creating computer viruses;
Involves commercial activities and/or sales without prior written consent from OurChart, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
Includes a photograph, likeness, depiction, name or other identifying feature of another person that you have posted without that person's consent; or
Uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic; and
Uses the Site and the Services in a manner inconsistent with any and all applicable laws and regulations.
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Member Personal Information and Privacy Policy.
To participate as a Member of the Site, you will be required to submit personally identifiable information ("Personal Information"). Please see our Privacy Policy for details regarding how we collect, use, store, disclose and secure your Personal Information.
By submitting any Personal Information to any area of the Site open to other Members or the general public, you understand, acknowledge and agree that your Personal Information will be considered "Public Information," as defined in our Privacy Policy, and will not be subject to the privacy protections generally afforded your Personal Information.
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Security of the Site and the Services.
Violations of the Site's system or network security may result in civil or criminal liability. We will investigate possible violations of system or network security and may involve, and cooperate with a user's or Member's employer, Internet Service Provider, and/or law enforcement authorities in investigating and/or prosecuting any person who is involved in such violations. We will also terminate the membership of any person that we believe, in our sole judgment, has violated our security provisions. In addition to the prohibitions on content and conduct under Section 9 of this Agreement, as a user or Member of this Site, the following are also prohibited:
Accessing data not intended for such user or logging onto a server or accessing an account which the user is not authorized to access;
Attempting to probe, scan or test the vulnerability of the system or network or to breach the security or authentication measures of the Site without proper authorization;
Forging any headers or otherwise manipulating of Site identifiers in order to disguise the origin of transmission through the Site;
Covering or obscuring banner or other advertisements on your personal profile page, or any other page via HTML/CSS or any other means;
Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "spimming," "mailbombing," "phishing" or "crashing" the Site or the server of any user;
Sending unsolicited commercial email individually or in bulk (also called, "Spam"), which promotes or advertises the Site, or any other activity, program, product, or service;
Harvesting email addresses off this Site through an automated process;
Any automated use of the system, such as using scripts to add friends or send comments or messages;
Bypassing this Site's homepage via deep-linking or any other means, or framing this Site, or any webpage or material on the Site without the express written permission from OurChart. Users and Members are also prohibited from hyperlinking to this Site or any webpage in an email sent for commercial purposes, without the express written permission of OurChart;
Attempting to gain unauthorized access to the Site's features or activities, interfering with or manipulating in any manner the entry or registration process for contests, sweepstakes, surveys, opinion polls, blogs, chat rooms, message or bulletin boards, or any other interactive features and activities on this Site;
Falsifying identification or impersonating any person or entity, including, but not limited to, the Site or any company official, blog, chat room or public forum leader, host, or guide, when accessing or participating in such features and activities;
Setting up fake sites or other dummy sites that appear to be the Site, mirroring the Site's contents, or otherwise copying any part of the Site Content and/or layout; and
Selling or otherwise transferring your Member profile.
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Member Disputes.
You are solely responsible for your interactions with other OurChart Members or any other person or entity. OurChart reserves the right, but has no obligation, to monitor disputes between you and other Members, and to take action that we feel may be appropriate in our sole discretion, consistent with the terms of this Agreement, including the termination of the Membership of one or more Members.
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Purchase of Goods and Services.
This Site may offer various goods and services for sale ("Products"), or direct or link to other websites that sell goods and services. We have no responsibility or liability whatsoever for Products you may obtain from or through other websites or web pages, even if you were directed or linked to such a website or page through this Site.
If a Product sold on this Site is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders placed for that Product, whether or not the order has been confirmed and even if your credit or debt card account has been charged. Regarding the purchase of Products on the Site, our creation or transmission of an order confirmation does not signify final acceptance of your order, nor constitute a binding confirmation of an offer to sell any Product and we reserve the right to accept or decline your order for any reason up until the time the Product is actually delivered to you. We reserve the right at any time, without prior notice, to limit or reduce the quantity you ordered of any Product and we will notify you if we do so. Products on the Site are offered for sale only to end user customers or as personal gifts to end user customers and are not for commercial resale. We do not knowingly accept orders from dealers, exporters, wholesalers, distributors, resellers or other similar persons or companies, and reserve the right to refuse, cancel or seek the return of any Products that are purchased in violation of the foregoing restrictions.
You agree that your sole and exclusive remedy and our sole, exclusive and maximum liability arising from or relating in any way to any Product shall be the amount you actually paid us (or our suppliers, operational service providers, or other e-commerce partners) for it.
You are responsible for any taxes imposed on the sale or use of Products and applicable taxes will be added to the amount charged for Products purchased on the Site.
If an order consists of multiple items, they may be shipped separately depending on availability.
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Meetings
By using the Site and/or the Services, you may arrange physical meetings (a "Meetings") at venues that include, but are not limited to, public parks, private homes or private enterprises (such as coffee shops or retail stores). We do not supervise these Meetings and are not involved in any way with the actions of any individuals at these Meetings. As a result, we have no control over the identity or actions of the individuals who are present at these Meetings, and we request that our users exercise caution and good judgment when attending these Meetings.
Because we do not supervise or control the Meetings or interactions among users and other persons or companies, and because we are not involved in any way with physical transportation to or from these Meetings or with the actions of any individuals at these Meetings, and because we do not control credit card companies or other payment processing companies, and because we cannot guarantee the true identity, age, nationality of users, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Site and the Services you agree that you bear all risk and you agree to release OurChart, its parent company(s), corporate affiliates, successors and assigns, advertisers, suppliers, OurChart Licensors and operational service providers and their respective officers, directors, shareholders, employees, representatives and agents, from and against any claims, actions, costs, expenses, damages (including direct, indirect, incidental, special, compensatory, punitive, exemplary or consequential) or demands, including, without limitation, all reasonable legal and accounting fees, arising out of or in any way connected with your transportation to or from, attendance at, or the actions of you or other persons at, a Meeting. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction to the full extent that you may lawfully waive all such rights and benefits.
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Disclaimer of Warranties.
WE DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER OR SOFTWARE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOUR USE OF THE SITE IS UNDERTAKEN SOLELY AT YOUR DISCRETION AND OWN RISK. IF YOUR USE OF THE SITE, SOFTWARE, OR ANY CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING ANY EQUIPMENT OR DATA, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THOSE COSTS.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SITE, OURCHART CONTENT, MEMBER CONTENT, NON-MEMBER CONTENT, SERVICES, AND ANY PRODUCTS AVAILABLE FOR SALE ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION OR EXCLUSION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE SITE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, SERVICES, OTHER MATERIAL, LINKS, PRODUCTS, AND OTHER DATA.
No advice or information, whether oral or written, obtained by you from us, or from or through the Site or the Services shall create any warranty not expressly stated herein.
Some jurisdictions do not allow for the exclusion of certain warranties or the limitation of liability for incidental or consequential damages, and some of the disclaimers in this Agreement may not apply to you by operation of law.
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Limitations on Liability.
In no event shall OurChart, its parent company(s), corporate affiliates, successors or assigns, and the Site's advertisers, suppliers, OurChart Licensors or operational service providers, and their respective officers, directors, employees, representatives and agents, assume or have any responsibility or liability to you or any third party for any claims, damages or losses whatsoever including, without limitation, direct, indirect, incidental, special, compensatory, punitive, exemplary or consequential damages, or damages resulting from lost data, lost profits, lost savings, loss of good will, or your use or your inability to use the site, or business interruption resulting from the use or inability to use this Site, or the use and/or appearance of the OurChart Content, Member Content or Non-Member Content on this Site, access to any hyperlink on this Site, unauthorized access to or tampering with your Personal Information or transmissions, personal injury, injury to reputation or death resulting from your use of the Services, any OurChart Content, Member Content or Non-Member Content posted on the Site, or from conduct of any user, whether offline or online, or any other intangible, whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory, and whether or not the applicable person or entity is advised of the possibility of such damages.
In the event liability is found in general, you understand, acknowledge and agree that your sole and exclusive remedy and our sole, exclusive and maximum liability arising from or relating in any way to the operations, Member Content, Non-Member Content or OurChart Content on this Site shall at all times be limited to the amount paid, if any, by you for membership in OurChart during the term of membership. You acknowledge that if no fees are paid to OurChart for the Services, you shall be entitled to seek injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from OurChart, regardless of cause of action. Additionally, you agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.
We have no responsibility or liability whatsoever for Products you may obtain from or through other websites or webpages, even if you were directed or linked to such a website or webpage through the Site. Additionally, we are not responsible for assisting you in correcting any problem you may experience with Products obtained directly on the Site if you do not notify us within thirty (30) days. In the event liability is found for the purchase of any Product on this Site, you understand, acknowledge and agree that your sole and exclusive remedy and our sole, exclusive and maximum liability arising from or relating in any way to any Product shall be the amount you actually paid us (or our suppliers, operational service providers, or other e-commerce partners) for it.
Third Party Beneficiary Rights - No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement.
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Indemnification.
You understand, acknowledge, and agree to defend, indemnify, and hold harmless OurChart, its parent company(s), corporate affiliates, successors and assigns, advertisers, suppliers, OurChart Licensors and operational service providers and their respective officers, directors, shareholders, employees, representatives and agents, from and against any claims, actions, costs, expenses, damages (including direct, indirect, incidental, special, compensatory, punitive, exemplary or consequential) or demands, including, without limitation, all reasonable legal and accounting fees, resulting from any Member or Non-Member Content you submit, post to, download from or transmit through this Site or its features or Services, your use of the Site or its features or Services, your violation of this Agreement, your violation of any rights of another person, or otherwise arising out of your use of this Site or its features or Services in any manner. The Site will attempt to provide notice to you promptly of any such claim, suit, or proceeding and will assist you, if requested and at your expense, in defending any such claim, suit or proceeding. We reserve the right to take exclusive control and defense of any such claim subject to indemnification by you, in which event you will cooperate fully with OurChart in asserting any available defenses.
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Independent Contractor Relationship.
Nothing herein shall create, nor shall be deemed to create, an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and OurChart or any other Member or user of the Site.
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Legal Jurisdiction and Other Matters.
If there is any dispute between you and OurChart about or involving the Site or the Services, except for intellectual property issues (such as copyright or trademark), you understand, acknowledge and agree that the dispute will be governed by the laws of the state of California without regard to its conflict of law provisions. You further agree that intellectual property issues shall be governed by both federal law and California state law, and that you are subject to personal jurisdiction in the state and federal courts located in San Francisco, California for the resolution of any dispute.
OurChart's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid or unlawful, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Please contact us with any questions regarding this Agreement.
