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Terms and Conditions
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1. General.
By using the Service and the Site (other than to read this Agreement for
the first time), you agree to comply with all of the terms and conditions hereof.
You are responsible for all use of your account (under any screen name or password)
and for ensuring that all use of your account complies fully with the provisions
of this Agreement. You shall be responsible for protecting the confidentiality
of your password. First Charter may revise these Terms at any time by updating
this posting. You should visit this page from time to time to review the
then-current Terms because they are binding on you. If you find the Terms of
Service unacceptable at anytime, you may discontinue your use of the Service.
By continuing to use the Service, including the Site, you agree to be bound by
the rules contained in this Agreement. FIRST CHARTER OR ITS SUPPLIERS MAY
DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED
HEREIN AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU.
ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND FIRST CHARTER DOES
NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH
INFORMATION. FIRST CHARTER RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITE
OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO THE USER.
2. Equipment.
You shall be responsible for obtaining and maintaining all telephone, computer
hardware, browser software and other equipment needed for access to and use of
this site and any related services.
3. Copyright and Trademark Notices.
The works of authorship contained in this Site, including but not limited to
all design, text, and images, are owned, except as otherwise expressly stated,
by First Charter. Except as otherwise expressly stated herein, you may not
copy, transmit, display, distribute or otherwise use any part of the Site in
any manner without First Charter's prior written consent, except to the extent
permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then,
only with notices of First Charter's proprietary rights provided that you may
download information and print out hard copies for your personal use, so long
as you do not remove any copyright or other notice as may be contained in
information, as downloaded.
First Charter is a trademark of First Charter and shall
remain the property of First Charter. Nothing contained in this Site shall be
construed as granting, by implication or otherwise, any license or right to use
any trademark displayed on the Site without the written permission of First
Charter. Your misuse of any trademark or any other content on the Site is
strictly prohibited.
4. LIMITATION OF LIABILITY.
THE SITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE SITE) IS
PROVIDED "AS IS" "AS AVAILABLE". FIRST CHARTER AND THIRD PARTY
DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE
WEBSITE. FIRST CHARTER AND THIRD PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND
REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED
WARRANTIES OR MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS,
AVAILABILITY OR NONDISTURBANCE, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR
FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, FIRST CHARTER WILL NOT BE
LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OR INFORMATION, COMPUTER
VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, OR FOR THE
INCOMPATIBILITY BETWEEN THIS WEBSITE AND FILES AND THE USER'S BROWSER OR
OTHER SITE ACCESSING PROGRAM. NOR WILL FIRST CHARTER BE LIABLE FOR ANY OTHER
PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND FIRST CHARTER'S CONTROL.
NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.
UNDER NO CIRCUMSTANCES WILL FIRST CHARTER BE LIABLE FOR ANY LOST PROFITS,
LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENCIAL, INCIDENTAL, SPECIAL, PUNITIVE,
OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE
OR ANY PORTION THEREOF, REGARDLESS OF WHETHER FIRST CHARTER HAS BEEN APPRISED
OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF
ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT
LIABILITY OR OTHERWISE. FIRST CHARTER DOES NOT ENDORSE PRODUCTS OR SERVICES
APPEARING ON LINKED SITES OR VIA LINKED SITES. (THIS DOES NOT AFFECT ANY
MANUFACTURER'S WARRANTIES THAT THE PRO THE LINKED SITES OTHERWISE OFFER.)
5. Web Content and Materials
First Charter believes the information on this is reliable, but First Charter
does not warrant its completeness, timeliness or accuracy. In addition, certain
portions or pages of this Site are subject to additional disclosures and
disclaimers. In the event of a conflict between those disclosures and
disclaimers, and these terms and conditions, the additional disclosures and
disclaimers will govern for those portions or pages.
You agree that (i) you will not engage in any activities related to the
Website that are contrary to applicable law, regulation or the terms of any
agreements you may have with First Charter and (ii) in circumstances where
locations of the Website require identification for process, you will establish
commercially reasonable security procedures and controls to limit access to
your password or other identifying information to authorized individuals.
Access to the Website may from time to time be unavailable, delayed, limited
or slowed due to reasons beyond First Charter's reasonable control.
6. LINKS
THIS SITE MAY CONTAIN LINKS TO WEB SITES CONTROLLED OR OFFERED BY THIRD
PARTIES (NON-AFFILIATES OF FIRST CHARTER). FIRST CHARTER HEREBY DISCLAIMS
LIABILITY FOR ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR
OFFERED AT ANY OF THE THIRD PARTY SITES LINKED TO THIS SITE. BY CREATING A LINK
TO A THIRD PARTY WEB SITE, FIRST CHARTER DOES NOT ENDORSE OR RECOMMEND ANY
PRODUCTS OR SERVICES OFFERED OR INFORMATION CONTAINED AT THAT WEB SITE, NOR
IS FIRST CHARTER LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR
ADVERTISED AT THOSE SITES OR FOR THE FAILURE OF THOSE SITES TO MAKE APPROPRIATE
DISCLAIMERS OR LEGAL STATEMENTS. SUCH THIRD PARTY MAY HAVE A PRIVACY POLICY
DIFFERENT FROM THAT OF FIRST CHARTER AND THE THIRD PARTY WEBSITE MAY PROVIDE
LESS SECURITY THAN THE FIRST CHARTER SITE.
7. Enforceability and Governing Law
In the event any of the terms of these Terms and Conditions shall be
held to be enforceable, the remaining terms shall be unimpaired and the
unenforceable term shall be replaced by such enforceable term as comes
closest to the intention underlying the unenforceable term. These Terms and
Conditions shall be subject to any other agreements you have entered into
with First Charter. The user's access to and use of the Website, and the terms
of this disclaimer are governed by the laws of the State of North Carolina.
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