By using fishphilosophy.com (“website”), you signify your agreement to these Terms of Usage. These terms may change from time to time, and your continued use constitutes your agreement to any modified term. Should you object to any term or modified term, you may not use www.charthouse.com.
Licensed Use of Website
ChartHouse International Learning Corporation (“ChartHouse”) grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to view and temporarily download a copy of the materials displayed on the website solely for personal and non-commercial use for yourself or within your organization pursuant to these Terms of Usage. All materials displayed or made available on the website, including, but not limited to, graphics, documents, text, images, sound, video, audio, artwork, software, and HTML code (collectively, the “Material”) are the exclusive property of ChartHouse or its content suppliers. The Material is protected by U.S. and international copyright laws and any other applicable intellectual property rules, regulations, and laws. Except as expressly permitted herein, you shall not (a) commercially use, make non-temporarily downloaded copies, save, modify, broadcast, delete, distribute, store, reproduce, transmit, publish, sell, re-sell, adapt, reverse engineer, or create derivative works of the Material, or (b) use the Material on other websites or any media (e.g., networking environment) without ChartHouse’s prior written permission.
All trademarks, service marks, and logos (the “Marks”) displayed on the website are the exclusive property of ChartHouse and their respective owners. You shall not use the Marks in any manner without ChartHouse’s and/or their respective owners’ prior written consent.
We want our internet waters to be clean and fun, and require that all users agree to not engage in any unfriendly use or conduct on this website. This restriction includes uploading, posting, or otherwise transmitting any content that is or that ChartHouse, in its sole discretion, believes to be (1) harmful, threatening, harassing, defamatory, libelous, invasive of one’s privacy, vulgar, obscene, racially or ethnically offensive, or otherwise objectionable; (2) an infringement on any patent, trademark, trade secret, copyright, or other proprietary or privacy right; (3) a violation any local, state, and federal rules, regulations and statutes, including, but not limited to, U.S. export laws and regulations; (4) advertising, chain letter, sales, or other solicitation; (5) a virus, worm, Trojan horse, software pest, or similar content; (6) an impersonation of any person or entity; or (7) a breach or attempt to breach ChartHouse’s security measures. ChartHouse reserves the right, but assumes no obligation, to monitor your online conduct to enforce these terms.
You acknowledge and accept that ChartHouse bulletin boards are only passive forums for users. ChartHouse assumes no obligation to screen or monitor any Submitted Materials. ChartHouse and its agents, officers, directors, employees and staff are not to be held responsible or liable at any time for the content or accuracy of any posted or submitted materials or information posted on the site, or for any delays or failures to monitor, screen or edit the content.
Account and Password
You may open a ChartHouse account on the website. If you open an account, you will receive an account logon and an initial password. It is your sole responsibility to (a) maintain the confidentiality of your account logon and password; (b) frequently update and revise your password; and (c) promptly notify ChartHouse if there is any unauthorized use of your account or any breach of security.
ChartHouse cannot warrant or guarantee the accuracy of any information or database on this webpage, that the service will be uninterrupted or error free, or that any files for downloading will be free of defect. While it takes reasonable steps to ensure that no viruses, worms, Trojan horses, or other destructive programs are present on the website, the User assumes the entire risk as to the quality and performance of charthouse.com, and the accuracy and completeness of any information.
CHARTHOUSE MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGMENT, OR WARRANTIES REGARDING THE ACCURACY, RELIABLITY OR COMPLETELNESS OF THE CONTENT OR ANY OTHER SERVICE OR PRODUCT ON OR RELATED TO THE SERVICE, INCLUDING LINK. UNDER NO CIRCUMSTANCES SHALL CHARTHOUSE BE SUBJECT TO ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR CONTIGENT DAMAGES WHATSOEVER WITH RESPECT TO CLAIMS MADE HEREUNDER OR BY ANY PURCHASER OR USER OF PRODUCTS OR SERVICES.
If you or any of your agents breach these Terms of Usage in any way, you agree to defend, indemnify, and hold harmless ChartHouse, its officers, directors, employees, successors and assigns against all claims, losses, damages, and expenses of whatever form or nature, including attorneys’ fees and other costs of legal defense, whether direct or indirect, that they, or any of them, may thereby sustain or incur. ChartHouse reserves the right to defend such claim, and you agree to provide reasonable cooperation and information as requested.
Any controversy, excluding legal action by ChartHouse alleging the infringement of its Intellectual Property, whose value is less than $50,000 USD and arises out of or is related to these Terms of Usage shall be submitted to binding fast-track arbitration in accordance with the rules of the American Arbitration Association. You agree to pay all costs of arbitration. The arbitration shall be conducted in Minneapolis, Minnesota, which venue and personal jurisdiction you agree are proper, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
All claims or actions related to this Agreement and not subject to Arbitration must be brought in the state or federal court located in Hennepin or Dakota Counties, Minnesota, United States of America, and the parties agree that personal jurisdiction and venue in such court are proper.
ChartHouse has the right, in its sole discretion, to terminate any services of the website and remove any Materials. ChartHouse also may terminate your access to any part or all of the services provided by ChartHouse on the website at any time, with or without cause or notice, for any reasons. If you want to terminate your account, you may only cease your Use of the website. ChartHouse shall have no obligation or responsibility to maintain or return any information submitted or provided to ChartHouse.
This Agreement is governed by the laws of the State of Minnesota without regard to conflicts of law principles. If any court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, the other provisions or parts thereof will remain in full force and effect. The waiver or failure of either party to exercise in any respect any right provided for in this Agreement shall not be deemed a waiver of any further right under this Agreement. User waives any and all immunities that may be raised in defense of its violation of this Agreement or the infringement of ChartHouse’s intellectual property, including immunities pursuant to the Eleventh Amendment of the United States Constitution. This Agreement contains the entire, final agreement and understanding of the Parties concerning the subject matter of this Agreement, and may be amended only in writing and signed by each Party.