Terms of Service - NACC Chart

Last updated: December 13, 2017

These Terms of Service (“Terms”, “Terms of Service”) govern your relationship
with www.naccchart.com website (the “Service”) operated by Marquis Label
Services and Rights Management Ltd (“us”, “we”, or “our”).

Please read these Terms of Service carefully before using the Service.

Your access to and use of the Service is based on your acceptance of and
compliance with these Terms. These Terms apply to all visitors, users and
others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms and
accept all legal consequences. If you do not agree to these terms and
conditions, in whole or in part, please do not use the Service.

Purchases
———

If you wish to purchase any product or service made available through the
Service (“Purchase”), you may be asked to supply certain information relevant
to your Purchase including, without limitation, your credit card number, the
expiration date of your credit card, your billing address, and your shipping
information.

You represent and warrant that: (i) you have the legal right to use any credit
card(s) or other payment method(s) in connection with any Purchase; and that
(ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the
information to third parties for purposes of facilitating the completion of
Purchases.

We reserve the right to refuse or cancel your order at any time for certain
reasons including but not limited to: product or service availability, errors
in the description or price of the product or service, error in your order or
other reasons.

We reserve the right to refuse or cancel your order if fraud or an
unauthorised or illegal transaction is suspected. We will not be held
responsible or liable for any failure for the Purchase to complete, or any
resulting loss or damages to you.

Availability, Errors and Inaccuracies
————————————-

In order to provide exceptional service, and accuracy, we regularly update the
products and services on the Service.

We cannot and do not guarantee the accuracy or completeness of any
information, including prices, product images, specifications, availability,
and services. We reserve the right to change or update information and to
correct errors, inaccuracies, or omissions at any time without prior notice.

Despite our best efforts, the products or services available on our Service
may have an error regarding the price, be inaccurately described, or be
unavailable.

We may experience delays in updating information on the Service and in our
advertising on other websites.

Content
——-

Our Service allows you to post, link, store, share and otherwise make
available certain information, text, graphics, videos, or other material
(“Content”). You are responsible for the Content that you post to the Service,
including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use,
modify, perform, display, reproduce, and distribute such Content on and
through the Service. You retain any and all of your rights to any Content you
submit, post or display on or through the Service and you are responsible for
protecting those rights.

You represent and warrant that: (i) the Content is yours (you own it) or you
have the right to use it and grant us the rights and license as provided in
these Terms, and (ii) the posting of your Content on or through the Service
does not violate the privacy rights, publicity rights, copyrights, contract
rights or any other rights of any person.

We reserve all rights to block or remove communications or materials that we
determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent,
deceptive, or misleading; (c) in violation of a copyright, trademark or, other
intellectual property right of another or; (d) offensive or otherwise
unacceptable to us in our sole discretion.

You acknowledge that, by providing you with the ability to view and distribute
user-generated content on the Service, we are merely acting as a passive
conduit for such distribution and is not undertaking any obligation or
liability relating to any contents or activities on the Service.

Accounts
——–

When you create an account with us, you must provide us information that is
accurate, complete, and current at all times. Failure to do so constitutes a
breach of the Terms, which may result in immediate termination of your account
on our Service.

You are responsible for safeguarding the password that you use to access the
Service and for any activities or actions under your password, whether your
password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us
immediately upon becoming aware of any breach of security or unauthorized use
of your account.

Intellectual Property
———————

The Service and all contents, including but not limited to text, images,
graphics or code are the property of Marquis Label Services and Rights
Management Ltd and are protected by copyright, trademarks, database and other
intellectual property rights. You may display and copy, download or print
portions of the material from the different areas of the Service only for your
own non-commercial use, or to place an order with Marquis Label Services and
Rights Management Ltd. Any other use is strictly prohibited and may violate
copyright, trademark and other laws. These Terms do not grant you a license to
use any trademark of Marquis Label Services and Rights Management Ltd or its
affiliates. You further agree not to use, change or delete any proprietary
notices from materials downloaded from the Service.

Links To Other Web Sites
————————

The Service may contain links to third-party web sites or services that are
not owned or controlled by Marquis Label Services and Rights Management Ltd.

Marquis Label Services and Rights Management Ltd has no control over, and
assumes no responsibility for, the content, privacy policies, or practices of
any third party web sites or services. You further acknowledge and agree that
Marquis Label Services and Rights Management Ltd shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such content, goods
or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies
of any third-party web sites or services that you visit.

Termination
———–

We may terminate or suspend access to our Service immediately, without prior
notice or liability, for any reason whatsoever, including, without limitation,
if you breach the Terms.

All provisions of the Terms shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers, indemnity and
limitations of liability.

Upon termination, your right to use the Service will immediately cease. If you
wish to terminate your account, you may simply discontinue using the Service.

Indemnification
—————

You agree to indemnify, defend and hold harmless Marquis Label Services and
Rights Management Ltd, its principals, officers, directors, representatives,
employees, contractors, licensors, licensees, suppliers and agents, from and
against any claims, losses, damages, losses, obligations, costs, actions or
demands.

These include but are not limited to: (a) legal and accounting fees resulting
from your use of the Service; (b) your breach of any of these Terms; (c)
anything you post on or upload to the Service; and (d) any activity related to
your account. This includes any negligent or illegal conduct by you, any
person or entity accessing the Service using your account whether such access
is obtained via fraudulent or illegal means.

Limitation Of Liability
———————–

Marquis Label Services and Rights Management Ltd, its directors, employees,
partners, agents, suppliers, or affiliates, shall not be liable for any loss
or damage, direct or indirect, incidental, special, consequential or punitive
damages, including without limitation, economic loss, loss or damage to
electronic media or data, goodwill, or other intangible losses, resulting from
(i) your access to or use of the Service; (ii) your inability to access or use
the Service; (iii) any conduct or content of any third-party on or related to
the Service; (iiv) any content obtained from or through the Service; and (v)
the unauthorized access to, use of or alteration of your transmissions or
content, whether based on warranty, contract, tort (including negligence) or
any other claim in law, whether or not we have been informed of the
possibility of such damage, and even if a remedy set forth herein is found to
have failed of its essential purpose.

Disclaimer And Non-Waiver of Rights
———————————–

Marquis Label Services and Rights Management Ltd makes no guarantees,
representations or warranties of any kind as regards the website and
associated technology. Any purportedly applicable warranties, terms and
conditions are excluded, to the fullest extent permitted by law. Your use of
the Service is at your sole risk. The Service is provided on an “AS IS” and
“AS AVAILABLE” basis. The Service is provided without warranties of any kind,
whether express or implied, including, but not limited to, implied warranties
of merchantability, fitness for a particular purpose, non-infringement or
course of performance, except as provided for under the laws of any province
in Canada. In such cases, the provincial law shall apply to the extent
necessary.

Marquis Label Services and Rights Management Ltd its subsidiaries, affiliates,
and its licensors do not warrant that a) the Service will function
uninterrupted, secure or available at any particular time or location; b) any
errors or defects will be corrected; c) the Service is free of viruses or
other harmful components; or d) the results of using the Service will meet
your requirements.

If you breach any of these Terms and Marquis Label Services and Rights
Management Ltd chooses not to immediately act, or chooses not to act at all,
Marquis Label Services and Rights Management Ltd will still be entitled to all
rights and remedies at any later date, or in any other situation, where you
breach these Terms. Marquis Label Services and Rights Management Ltd does not
waive any of its rights. Marquis Label Services and Rights Management Ltd
shall not be responsible for any purported breach of these Terms caused by
circumstances beyond its control. A person who is not a party to these Terms
shall have no rights of enforcement.

You may not assign, sub-license or otherwise transfer any of your rights under
these Terms.

Exclusions
———-

As set out, above, some jurisdictions do not allow the exclusion of certain
warranties or the exclusion or limitation of liability for consequential or
incidental damages, so the limitations above may not apply to you. Provincial
laws of Canada may apply to certain products and service provided.

Governing Law
————-

These Terms shall be governed by, and interpreted and enforced in accordance
with, the laws in the Province of British Columbia and the laws of Canada, as
applicable.

If any provision of these Terms is held to be invalid or unenforceable by a
court of competent jurisdiction, then any remaining provisions of these Terms
will remain in effect. These Terms constitute the entire agreement between us
regarding our Service, and supersede and replace any prior agreements, oral or
otherwise, regarding the Service.

Changes
——-

We reserve the right, at our sole discretion, to modify or replace these Terms
at any time. If a revision is material we will make reasonable efforts to
provide at least 15 days’ notice prior to any new terms taking effect. What
constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become
effective, you agree to be bound by the revised terms. If you do not agree to
the new terms, in whole or in part, please stop using the website and the
Service.

If you have any questions about these Terms, please contact us.