Your use of the website (the “Site”) is conditioned on your acceptance of the following terms (“Terms of Use”). These Terms of Use constitute a binding contract between you and RECARGO (together with its affiliates, “RECARGO”).

RECARGO may revise these Terms of Use at any time. Any revisions will be binding and effective immediately upon posting the revised Terms of Use on this Site. You agree to review the Terms of Use periodically to be aware of any such revisions. You agree that, by continuing to use the Site following any revision to the Terms of Use, you accept any such revisions and agree to abide by any such revisions.

  1. REGISTRATION

Certain features of the Site are available only to users who register with the Site. Should you choose to register, you agree to provide RECARGO with accurate and complete registration information, to notify RECARGO promptly of any changes in such information, and to verify such information as RECARGO may request. If you fail to meet these obligations, your registration may be terminated effective immediately.

  1. CONTENT

A. The Site provides you with access to information, text, software, photos, video, graphics, music, sounds, and/or other materials ("Content"), some of which may be posted to the Site by users who are not affiliated with RECARGO. As a matter of policy, RECARGO does not pre-screen Content posted to the Site by users. Moreover, RECARGO does not have the practical ability to monitor, review, or restrict access to Content on the Site or to monitor all communications between parties through the Site. You agree that you shall be responsible for and bear all risk associated with the accuracy, completeness, reliability, appropriateness, or usefulness of any Content available to you on or through the Site and for all your communication on the Site.

B. You agree that notwithstanding anything herein to the contrary, RECARGO has the right, but not the obligation, to remove Content from the Site that RECARGO, in its sole discretion, determines to be in violation of these Terms of Use.

C. You acknowledge that all posts to the Site express the views and opinions of the author and not the administrators, moderators or webmaster (except for posts by these people). You agree that the webmaster, administrator, and moderators of the Site have the right to move or remove any Content at any time should they see fit.

  1. COPYRIGHT AND OTHER RIGHTS

A. The Site provides access to Content that is protected by copyrights, trademarks, and other intellectual property rights ("Rights") of RECARGO and various third parties. No Rights in or to the Content are transferred to visitors to this Site, except as explicitly provided in these Terms of Use.

B. You agree that your use of Content shall be governed by all applicable laws and regulations, and by the specific restrictions placed on such Content by the owners or licensors of the Rights in such Content.

C. You agree not to upload, download, display, perform, transmit or otherwise distribute on or through the Site any material (including, without limitation, any Content to which you have access through the Site) that is subject to another party’s Rights, without that party’s express permission or unless otherwise authorized by law. You acknowledge and agree that any such unauthorized conduct: (i) may result in termination of this Agreement, and (ii) may expose you to civil or criminal liability. WITHOUT LIMITING THE FOREGOING IN ANY WAY, YOU ACKNOWLEDGE AND ACCEPT THAT RECARGO SHALL HAVE THE RIGHT, IN APPROPRIATE CIRCUMSTANCES, TO RESTRICT AND/OR TERMINATE YOUR ACCESS TO THE SITE AND/OR REGISTRATION IF YOU ENGAGE IN COPYRIGHT OR TRADEMARK INFRINGEMENT, LIBEL, SLANDER, INVASION OF PRIVACY, OR ANY OTHER VIOLATION OF THE RIGHTS OF THIRD PARTIES.

D. You agree that by posting or transmitting or otherwise distributing material to any public area on the Site (such as chat rooms or message boards), you are requesting and authorizing RECARGO to make that material available to other Internet users and that such access will result in copies of such material being transmitted to others. To the extent that such material is subject to any Rights of yours or a third party, you automatically (a) grant to RECARGO, and/or represent that owner of any such material has expressly authorized you to grant to RECARGO, a royalty-free, perpetual, irrevocable, non-exclusive, world-wide, right and license to reproduce, publish, distribute, perform and display such material (in whole or in part), or (b) represent to RECARGO that the publication, distribution, performance and display of such material (in whole or in part) by RECARGO is otherwise authorized by law.

E. With respect to any material stored on an RECARGO system at your direction, you acknowledge and agree that in the event that RECARGO receives appropriate notice that such material infringes the Rights of a third party, has actual knowledge of such infringement, or is aware of facts or circumstances from which infringement is apparent, RECARGO shall have the right immediately to remove or block access to such material. Under such circumstances, however, you shall have the right to notify RECARGO that such material has been removed or access denied as a result of a mistake or misidentification of the material. RECARGO’s policy with respect to such notices is explained in more detail below. You also acknowledge and agree that, under appropriate circumstances, RECARGO shall have the right to remove or block your access to allegedly infringing Content provided by third parties.

  1. PROHIBITED ACTIVITIES

When using the Site:

A. Defamation. You agree not to post or transmit any Content in violation of any applicable law of libel or defamation in the United States or elsewhere.

B. Fraud. You agree not to post or transmit any fraudulent Content on or through the Site. This includes any Content that you know or have reason to know is false, and that you intend for others to rely on.

C. Advertising. You agree not to post or transmit any advertising, promotional materials, or other forms of commercial solicitation to other individuals or entities.

D. Copyright Violations. You agree not to post or transmit on or through the Site any Content that infringes another person’s or entity’s copyright in all or any part of the Content.

E. Trademark, Service Mark, and Trade Dress Violations. You agree not to post or transmit on or through the Site any Content that infringes, dilutes or otherwise violates another person’s rights in its trademarks, service marks, trade dress, or other indicia of origin.

F. Trade Secret Violations. You agree not to post or transmit on or through the Site any Content that reveals trade secrets or other confidential or proprietary information belonging to another person or other entity.

G. Obscenity. You agree not to post or transmit any obscene or pornographic content, including, but not limited to, child pornography, on or through the Site.

H. Harassment, Threats, and Abuse. You agree not to use the Site to harass, intimidate, threaten, or abuse any person or entity, by any means, including the use of vulgar, hateful, racially or ethnically offensive, sexually harassing, or otherwise objectionable content.

I. False Pretenses. You agree to not use the Site to impersonate any person, including but not limited to, an RECARGO official or an information provider, guide, or host, or communicate under a false name or a name that you are not entitled or authorized to use in all forms of online communication, including, but not limited to, screen names, subscriber profiles, chat dialogue, and message posting.

J. Chain Letters. You agree to not post or transmit chain letters, or letters or messages that offer a product or service based on the structure of a chain letter, on or through the Site.

K. Inappropriate Content. You agree not to post or transmit on or through the Site Content that is patently inappropriate material under the circumstances, e.g., Content not related to the specified topic of a particular bulletin board.

L. Disruptive Activities. You agree not to use the Site to disrupt the normal flow of online dialogue, or otherwise act in a manner that negatively affects use of the Internet by other subscribers, users, individuals, or entities.

M. Violations of Service Providers’ Rules. You agree to not use the Site to violate any operating rule, policy, or guideline of any other online service provider or interactive service.

N. Abuse of RECARGO Complaint Procedures. You agree not to make false or unverified complaints about the Site, or otherwise abuse any of RECARGO’s complaint response procedures.

O. Systems Abuse. You agree not to cause any harm to the Site that inhibits or negatively impacts the ability of other users to effectively use the Site, including without limitation “denial of service” attacks or the distribution of viruses or other disabling or malicious code. You further agree not to compromise or attempt to violate security at RECARGO or elsewhere, including but not limited to, attempted access of any data, server, or account that you are not expressly authorized to access.

P. Reselling. You agree not to resell RECARGO’s services or products without an express written agreement with RECARGO to do so.

Q. Reverse Engineering, Etc. You agree not to copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile, or disassemble any Content or any aspect of the Site that is owned by or in which RECARGO or its licensors have Rights, including, without limitation, the software code underlying the Site.

  1. ONLINE GOODS AND SERVICES

A. Except as explicitly specified by RECARGO elsewhere on the Site, RECARGO does not control or take responsibility for any content, goods, or services that independent third parties make (or may make) available on or through the Site. RECARGO does not endorse, warrant, or guarantee the accuracy, completeness, usefulness, quality, or availability of any such content, goods, or services, and your use thereof is solely at your own risk.

B. RECARGO will not be a party to, or in any way be responsible for, monitoring any purchases or other transactions between you and any other persons providing content, goods, or services on or through the Site. RECARGO assumes no responsibility for any such transactions and will not mediate disputes relating to such transactions. RECARGO disclaims any responsibility for any such transactions.

  1. TERMINATION

A. You agree that RECARGO retains the right, but not the obligation, to restrict or terminate your access to the Site at any time, if RECARGO, in its sole discretion, determines that you are in violation of these Terms of Use. You agree that, if RECARGO determines that you are in violation of these Terms of Use, any restriction or termination of your access to Site will be effective immediately, without prior notice. You agree that RECARGO will have no liability to you for any restriction or termination of your access to the Site pursuant to such violation.

B. RECARGO reserves the right to refuse the registration of anyone whose registration has previously been canceled for a violation, or anyone who RECARGO suspects is acting on behalf of someone whose registration has been canceled for a violation. RECARGO reserves the right to cancel or suspend all other registrations belonging to you if one of your registration accounts was involved in a violation.

  1. COMPLAINT RESPONSE PROCEDURES

RECARGO’s dedication to customer service means that RECARGO takes seriously and attempts to respond to all complaints about the Site. This means complaints by both Site registrants and by other Internet users. RECARGO believes that its customers should be able to enjoy full use of the Site without interference by persons who use the Site in an improper or unlawful manner. RECARGO will observe the following procedures (“Complaint Response Procedures”) to respond to complaints regarding the Site:

A. General Complaints.

RECARGO will respond to any complaint that involves Prohibited Activities. General complaints should be submitted by, fax, or mail to the following address:

Recargo, Inc.

65 Pine Ave, #319

Long Beach CA 90802

USA

Fax: (562) 432-1060

If a complaining party wishes to make a general complaint, it should submit the following information:

        (1) The URL of the web page where the infraction was discovered or a copy of the offending e-mail.

        (2) The date on which the infraction was committed.

        (3) The time at which the infraction was committed (if applicable).

        (4) A description and evidence of the infraction.

B. Copyright Complaints.

RECARGO will respond to complaints that material posted on the Site infringes another person’s copyright as provided for in the Digital Millennium Copyright Act (a "Copyright Complaint") or otherwise violates the criminal or civil laws of the United States, the several states or a foreign country. Please note that RECARGO has designated an agent for receiving and processing such complaints. The contact details regarding such agent are as follows:

Dechert, LLP

    Cira Centre
    2929 Arch Street
    Philadelphia, PA 19104-2808
    USA
    Tel: +1 215 994 4000
    Fax: +1 215 994 2222


If a complaining party wishes to make a Copyright Complaint, he/she should submit the following information:

        (1) Identification of the copyrighted work claimed to be infringed (or if multiple works are claimed to be infringed at a single site, a representative list of such works).

        (2) Identification of the material that is claimed to be infringing or in the case of a reference or link, identification of the reference or link to the allegedly infringing material. Please provide information sufficient to locate such material or reference or link on RECARGO’s system.

        (3) The address, telephone number, and/or email address of the complaining party or its client.

        (4) A statement that the complaining party or its client has a good faith belief that use of the allegedly infringing material is not authorized by the copyright owner, the owner’s agent or the law.

        (5) A statement that the information being given is accurate.

        (6) If the complaining party is not the copyright owner, a statement, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

        (7) A physical or electronic signature of a person authorized to act on behalf of the owner of an allegedly infringed exclusive right.

        (8) If the material is stored on RECARGO’s system for caching purposes, a statement confirming that the material has been removed or access-disabled from the originating site or that a court has ordered such removal or disabling.

C. Counter Notice

If RECARGO receives a Copyright Complaint containing the information specified above, it shall promptly remove or block access to such materials. If the complaint arises out of a claim that the infringing material was stored on RECARGO’s system at the direction of one of its registrants, RECARGO shall attempt to notify the relevant registrant of the action taken. If the registrant believes in good faith that the material was removed or access blocked as a result of a mistake or misidentification, that registrant may send a counter notice to RECARGO’s agent. Such counter notice should include the following:

        (1) Identification of the material that has been removed or to which access has been blocked and the location on the RECARGO system where the material appeared.

        (2) A statement that the registrant has a good faith belief that the material was removed or disabled as a result of mistake or misidentification.

        (3) The registrant’s name, address and telephone number.

        (4) A statement that the registrant consents to the jurisdiction of the U.S. District Court for the federal district in which the registrant resides and that the registrant will accept service of process from the complaining party or its agent.

        (5) The registrant’s physical or electronic signature.

Upon receipt of such an appropriate counter notice, RECARGO shall promptly replace the removed material and/or cease disabling access to it unless RECARGO first receives appropriate notice from the complaining party that it has filed a law suit or other action seeking a court order to restrain the registrant from engaging in the allegedly infringing activity.

D. Liability for Misrepresentations

Any person who knowingly misrepresents to RECARGO that material is infringing shall be liable to RECARGO and/or the alleged infringer for any damages (including costs and attorneys’ fees) suffered or incurred by RECARGO and/or the alleged infringer as a result of RECARGO’s relying on such misrepresentation and removing or disabling access to such material. Similarly, any person who knowingly misrepresents to RECARGO that the material was removed or access blocked by mistake or misidentification shall be liable to RECARGO and/or the copyright owner or its authorized licensee for any damages (including costs and attorneys’ fees) suffered or incurred by RECARGO and/or the copyright owner or its authorized licensee as a result of RECARGO’s relying on such misrepresentation and replacing such removed or blocked material.

XI. DISCLAIMER

YOU AGREE THAT YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT THE SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.

EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE EXPRESSLY PROHIBITED BY LAW, RECARGO DISCLAIMS ANY AND ALL LOSS, DAMAGE OR LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, OR RECARGO’S TERMINATION OF YOUR USE OF THE SITE IN ACCORDANCE WITH THESE TERMS OF USE, INCLUDING, BUT NOT LIMITED TO, ANY LOSS, DAMAGE OR LIABILITY RELATING TO: (A) LOSS OR CORRUPTION OF DATA; (B) LOSS OF OR DAMAGE TO SOFTWARE OR HARDWARE; (C) ACCESS DELAYS OR ACCESS INTERRUPTIONS; (D) COMPUTER VIRUSES; (E) NON-DELIVERY OR MIS-DELIVERY OF DATA; (F) THE NEGLIGENT ACTS AND/OR OMISSIONS OF RECARGO OR RECARGO SUBSCRIBERS; (G) ANY DEFECTS, FAILURES, ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION, GOODS, OR SERVICES OBTAINED ON OR THROUGH THE SITE, (H) AND ANY LOSS OR LIABILITY RESULTING FROM ACTS BEYOND RECARGO’S CONTROL.

You may not rely on oral or written information or advice given by RECARGO’s officers, directors, employees, agents, authorized representatives, subcontractors or affiliates and/or their officers, directors, employees, agents, authorized representatives, or subcontractors or affiliates to create a warranty or increase the scope of warranty already established in these terms and conditions. Your rights and RECARGO’s responsibilities are limited to the warranties that are expressed in these written terms and conditions that have been established by RECARGO to govern the use of the Site.

XII. INDEMNIFICATION

You agree to defend, release, indemnify, and hold RECARGO, its affiliated companies and licensors, and its and their respective officers, directors, employees, agents, authorized representatives, and subcontractors harmless from all liabilities, claims and expenses, including without limitation reasonable attorneys fees, arising from breach of the Terms of Use by the use of, or in connection with, the posting or transmission of any Content or other material by or through your account on the Site.

XIII. MISCELLANEOUS

You agree that these Terms of Use (together with the other policies incorporated by reference herein) comprise the entire understanding between RECARGO and you regarding the subject matter hereof, and supersede any prior agreements or correspondence between you and RECARGO and/or any postings or other notices from RECARGO with respect to the subject matter of these Terms of Use.

You agree that, if any portion of these Terms of Use are held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining portions will remain in full force and effect.

Except as specified in the Submission Policy, the Terms of Use will be governed by the laws of the State of California, excluding its conflicts of law rules. You and RECARGO each submit to the exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts of the State of California and the federal courts located in the State of California.

Your browser may not support display of this image.