Terms of Service

(Last updated March, 2024)

This website, located at uniform resource locator www.thechartwatcher.com, and any communications, software or other content offered through such website (collectively, the “Site”), is provided by To Trade, LLC (“To Trade,” “we,” “our,” or “us”) to the person accessing the Site (“you,” or “your”). If you accept or agree to these Terms of Use on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

1. You Agree to These Terms by Using the Site
Your access to, and use of, the Site is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use. To Trade may, at any time and without notice, modify these Terms of Use by revising them on the Site. Your continued use of the Site constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the current Terms of Use. You may not modify these Terms of Use except in a writing signed by To Trade. If you do not agree and accept, without limitation or qualification, these Terms of Use, you must exit the site immediately.

Additionally, certain features of the Site, such as the Site’s art gallery, which is used for displaying, selling and purchasing original works of art produced by certain members, may require you to agree to additional terms and conditions, most notably the Terms of Purchase and Terms of Sale.

2. Permitted Use of the Site; Modifications
The information and materials on the Site are provided for general informational purposes. You may use the site solely for the purpose of learning about and/or using To Trade services or products. You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content on the Site for any other purpose.

To Trade reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or any services provided through the Site, or to modify these Terms of Use, at any time and without prior notice. If we modify these Terms of Use, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date”. By continuing to access or use the Site or using any of the services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Site and any services.

3. User Submitted Content
The Site may, from time to time offer interactive features that allow users to submit content to the Site. To Trade does not and cannot review all such content, and is not responsible for such content.

You acknowledge that by providing the ability to view and distribute your user-generated content on the Site, To Trade is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. However, To Trade reserves the right to block or remove communications or materials that it determines to be unacceptable to To Trade in its sole discretion.

Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, or posting any obscene or abusive images or text, is strictly forbidden. Impersonation of others, including a To Trade employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.

4. Notice; Electronic Communications
When you visit the site or send e-mails to To Trade, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

5. Privacy
To Trade’s Privacy Policy is incorporated and made part of these Terms of Use. You hereby agree to such Privacy Policy. Any personal data (for example, your name, address, telephone number or e-mail address) that you transmit to the Site by electronic mail or otherwise will be used by To Trade in accordance with the Privacy Policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary.

6. Typographical Errors
In the event that a service or product is mistakenly listed at an incorrect price or with incorrect specifications, To Trade reserves the right to refuse or cancel any orders placed for product or service listed incorrectly, whether or not the order has been confirmed and whether or not you have been charged for such product or service. If your credit card has already been charged for the purchase and your order is cancelled, To Trade shall issue you a credit (to your credit card account or otherwise) in the amount of the incorrect price.

7. Disclaimer – Warranty
THE SITE, ITS CONTENT, MATERIALS, SERVICES AND PRODUCTS ON THE SITE ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TO TRADE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

To Trade does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components. To Trade does not make any warranties or representations regarding the use of the materials in the Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

8. Indemnification
You agree to indemnify, defend, and hold harmless To Trade, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

9. Limitations of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER TO TRADE, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

10. Third-Party Links
In an attempt to provide increased value to our visitors, To Trade may link to sites operated by third parties. However, even if the third party is affiliated with To Trade, To Trade has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of To Trade. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, To Trade specifically disclaims any responsibility if such sites: infringe any third party’s intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.

To Trade does not endorse the content, or any products or services available, on such sites. Nonetheless, To Trade seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

11. Trademarks
The following trademarks are our property: The Chart Watcher Logo. These marks may not be used without our consent on any product or service, except our own.

12. Copyright
Copyright © 2024, To Trade, LLC. ALL RIGHTS RESERVED.

All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of To Trade or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of To Trade and protected by United States and international copyright laws. All software used on the Site is the property of To Trade or its software suppliers and protected by United States and international copyright laws. You agree not to change or delete any proprietary notices from materials printed or downloaded from the site.

13. Copyright Complaints
To Trade respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@thechartwatcher.com.

14. Export Control
Software and other materials downloaded or otherwise made available from the Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders.

To Trade does not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Control Laws.

15. Law and Jurisdiction
These Terms of Use and your use of the Site are governed by the laws of the Commonwealth of Pennsylvania, without regard to its choice of law provisions. The courts of general jurisdiction located within the Commonwealth of Pennsylvania, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact.

16. Assignment
You may not assign or transfer these Terms of Use, by operation of law or otherwise, without To Trade’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. To Trade may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

17. Entire Agreement
These Terms of Use constitute the entire and exclusive understanding and agreement between To Trade and you regarding the Site and related services and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between To Trade and you regarding the Site and related services.

18. Questions and Feedback
We welcome your questions, comments, and concerns about the Site. Please send us any and all feedback pertaining to the Site to info@thechartwatcher.com.