YardCharts will make commercially reasonable efforts to make the Services always available to the User and shall restore the Services as soon as reasonably possible in the event of any interruption. YardCharts shall not be liable for any failure to provide the Services. YardCharts cannot ensure that the Services or the YardCharts Information will be error free or uninterrupted.
NOT FOR COMMERCIAL USE. The User is permitted to store, manipulate, analyze, reformat, print and display the YardCharts Information and use the Services only for the User's personal use. In no event shall the User publish, sell, lease, disseminate, retransmit, redistribute, broadcast, circulate or otherwise reproduce, provide or permit access to any YardCharts Information or the Services in any format to anyone. Except as permitted by this clause, no User shall use any YardCharts Information or any of the Services in or in connection with any business or for providing a service to any person including without limitation any securities, investment, accounting, banking, legal or media business or enterprise or service.
YardCharts does not give any warranties (including, without limitation, as to merchantability or fitness for a particular purpose or use). Without limitation to this clause, YardCharts does not warrant that access to the Website will not expose the User to viruses or other harmful items and no assurance can be given that the Website or any linked website will not harm or cause loss to the User, or the User's computer or network.
The user agrees that user's access to, and use of, the services and the content available through the services is on an "as-is", "as available" basis, for information purposes only and is not intended for trading purposes. Yardcharts content is not to be intended as investment advice or recommendation for the purchase or sale of any security or investment. The user should always seek the assistance of a professional for investment advice. YardCharts and its affiliates, shareholders, directors, officers, and employees will not be liable (jointly or severally) to you or any other person as a result of your access or use of the services for indirect, consequential, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits, lost savings and lost revenues (collectively, the "excluded damages"), whether or not characterized in negligence, tort, contract, or other theory of liability, even if any of the YardCharts parties have been advised of the possibility of or could have foreseen any of the excluded damages, and irrespective of any failure of an essential purpose of a limited remedy. If any applicable authority holds any portion of this section to be unenforceable, then the YardCharts liability will be limited to the fullest possible extent permitted by applicable law.
The User shall have a username and password (specified by the User) that enables the User to access the Services. The User is responsible for maintaining the confidentiality of the username and password and is not entitled to disclose the username or password to any other person.
If the User is an individual, YardCharts and its agents are authorized to collect information about the User. This information may be used for enabling access to the Services, statistical analysis, research and marketing purposes. The User can request access to and correction of any personal information held by YardCharts about the User. Any such request must be in writing and YardCharts, at its discretion, may charge for any costs reasonably incurred in responding to such a request.
Without prejudice to any other rights, YardCharts may without notice terminate its contract with the User immediately if the User fails to comply with any of these terms and conditions, or if YardCharts ceases to supply any Services. Customers wishing to cancel subscription-based services must provide at least 30 days notice of cancellation.
YardCharts does not allow refunds or exchanges on any of its products or subscriptions. All sales are final.
To the maximum extent permitted by law, YardCharts excludes all and any liability to the User arising out of the contract between YardCharts and the User. Notwithstanding and without limiting any provision of these terms and conditions, any claim brought by the User against YardCharts must be served within one year following the date on which the cause of action accrued.
The User indemnifies YardCharts against all and any losses, costs (including legal costs on a solicitor client basis), expenses and damages, whether direct or indirect, arising from or in connection with a claim by a third party against YardCharts relating to Services obtained by the User.
The User may not assign its rights under the contract between YardCharts and the User.
If any provision of these terms and conditions is found to be invalid or unenforceable to any extent, the remainder of the terms and conditions shall not be affected and shall remain enforceable to the greatest extent permitted by law.
YardCharts reserves the right to alter these terms and conditions at any time. YardCharts will endeavor to provide reasonable notice to the User of any variation by posting the new terms and conditions on the Website and by emailing to the User at the last postal address, facsimile number or email address which the User has notified to YardCharts.