use of the website (the “Site”) is conditioned on your acceptance
constitute a binding contract between you and RECARGO (together with
its affiliates, “RECARGO”).
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.
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.
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
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.
- COPYRIGHT AND OTHER RIGHTS
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
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.
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.
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.
- PROHIBITED ACTIVITIES
When using the Site:
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.
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
Advertising. You agree not to post or transmit any advertising,
promotional materials, or other forms of commercial solicitation to
other individuals or entities.
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.
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.
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.
Obscenity. You agree not to post or transmit any obscene or pornographic
content, including, but not limited to, child pornography, on or through
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.
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.
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.
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
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.
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.
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.
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
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.
- ONLINE GOODS AND SERVICES
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.
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
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.
- COMPLAINT RESPONSE PROCEDURES
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
will respond to any complaint that involves Prohibited Activities.
General complaints should be submitted by, fax, or mail to the following
65 Pine Ave, #319
Long Beach CA 90802
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
(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.
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:
2929 Arch Street
Philadelphia, PA 19104-2808
Tel: +1 215 994 4000
Fax: +1 215 994 2222
a complaining party wishes to make a Copyright Complaint, he/she should
submit the following information:
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).
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
(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
(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.
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:
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.
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.
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.
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
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.
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.
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
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.
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
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.