Thank you for using our service (the “Service”) or visiting our web site ("Web Site"). The following policies, terms and conditions apply to all services and websites owned and/or operated by Kargo Global, Inc. (“Kargo”)
Your privacy is important to us and we provide this notice to explain our information practices and the choices you can make about the collection and use of the personal information you submit to us. In providing our products and services, we endeavor to comply with the industry standards established by the Mobile Marketing Association and set forth at www.mmaglobal.com
We may collect certain non-personally identifiable information when you use our services or visit many of our web pages or those of certain partners. Like most web sites, we use server log files. These files contain information such as Internet Protocol (IP) addresses, browser types, Internet Service Provider (ISP), referring/exit pages, platform types, date/time stamps, the number of clicks to analyze trends, administer the site, track the user's movement in the aggregate, and gather broad demographic information for aggregate use. Individual IP addresses, etc., are not linked to personally identifiable information.
2. Web Site Customers
- In order to purchase products or services from Kargo we require that you provide us with certain personally identifiable information (“PII”). The types of PII that may be collected at this site include: name, address, e-mail address, mobile phone number and MSISDN (mobile station integrated services digital network number), credit card and billing information, download history, gender, age and demographic information, and customer generated content and/or information about your interests in and use of various products, programs, and services. We may combine PII and other information about you that we have with information we obtain from our business partners.
We may collect PII under the following circumstances:
- When you choose to register with Kargo on the Website
- When you sign up to receive one of our SMS alert messages on the Website, or with our partners, we may ask you to register with us.
- When you use Kargo products and services, even if you do not register or IP address and all messages sent to [Publisher/Network] short codes.
- If you enter one of our partner's sweepstakes, we may ask for PII so that we may contact you in the event that you win the sweepstakes.
- When you choose to send us PII about yourself in an email or by completing an online form on this Website, we use this information only to contact you to respond to your inquiry or to fulfill your request.
Once collected, we will store your PII for a reasonable time for record keeping purposes. The information that we store is usually deleted as space requires or in the normal course of business.
To fulfill your requests for products and services (e.g., provide you with content via your mobile device), we may share the personally identifiable information you provide with your mobile phone service provider or its partner and subcontractor companies. We may also provide your information to trusted partners under nondisclosure agreements. These companies may use your personal information to help Kargo communicate with you via your mobile device or email about offers from Kargo and its marketing partners. Kargo does not grant these partners an independent right to share your information.
Kargo may from time to time display targeted advertisements based on personal information on its web site or via your mobile device. Advertisers (including ad serving companies) may assume that people who interact with, view, or click targeted ads meet the targeting criteria—for example, men aged 18-24 from a specific geographic area. Kargo does not provide any personal information to the advertiser when you interact with or view a targeted ad. However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser will assume that you meet the targeting criteria used to display the ad. These third party advertising companies may collect information about your visits to our Website, such as number of times you have viewed an ad (but not your name, address, or other personal information). These companies may also use that information to serve ads about goods and services that may be of interest to you on this Website, and other websites. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.
We may also disclose anonymous, aggregated user statistics to third parties for a variety of purposes. For example, we may disclose how many individuals visited certain areas of our Web Site or purchased a particular type of product.
In addition, we may disclose personally identifiable information collected about you at this site in the following instances:
Legal Action: We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on us..
Corporate Change: We may sell, transfer, or otherwise disclose user information, including personally identifiable information, to a successor entity in connection with a corporate merger, consolidation, or a sale of substantially all assets.
Children under age 13 are currently not permitted to register for Kargo services or web sites. In the case of certain services that may be appropriate for children, we will require express parental permission. Kargo will not contact children under age 13 about special offers or for marketing purposes without a parent's permission, and Kargo will only ask children under age 13 for personal information that is reasonably necessary to permit the child to participate in a particular service, activity or promotion. Parents should understand that Kargo has no way to determine whether or not a child is using a mobile device purchased or registered by an adult or a service purchased using an adult’s credit card. Kargo is not responsible for the consequences of such use.
As noted above, we may use the personally identifiable information we collect from you online to provide you with opportunities to present advertising and to offer you products and services that may be of interest to you. If you would like to opt out of future promotional materials from us, you may indicate this preference by following the unsubscribe instructions at the end of such e-mail communications, and Kargo will remove your PII from its contact list as soon as practicable. Additionally, you can send email to firstname.lastname@example.org. Please note that email must be sent from the email address of
record on the account.
Collection of Information by Third-Party Sites and Sponsors
Some of our services and Web pages contain links to other sites whose information practices may be different than ours. Visitors and customers should consult the other sites’ privacy notices as we have no control over information that is submitted to, or collected by, these third parties.
To enhance your experience with our site, we may use “cookies” on our Web Site. Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and to provide features. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information unless you choose to provide this information to us by, for example, registering at our Web Site. However, once you become a Customer and furnish the site with personally identifiable information, this information may be linked to the data stored in the cookie using your subscriber identifying information or by other means.
We have put in place certain physical, electronic, and managerial procedures to help prevent unauthorized access and maintain data security, such as use of firewalls and encryption. However, due to the open nature of Internet communications, we cannot guarantee that communications between you and us will be free from unauthorized access by third parties. Visitors to the Web Site and Customers use our services and web sites at their own risk.
We may, from time to time, update this privacy notice and such changes shall be effectively immediately and without further notice to you.
This notice was updated on or about September, 2007.
TERMS OF SERVICE ("Terms")
Welcome to our Service or Web Site (collectively the “Service”) These terms constitute a legal "Agreement"; please read them carefully. By using the Service or downloading mobile content to a mobile device (each a "Download"), you also represent that you are at least 13 years of age and have the right to sign-up for and use the Service and, if you are a minor, that you have been authorized to use the service by your parent or guardian, and that such adult takes full responsibility for your actions.
In this Agreement, "you" and "your" refer to each customer (including the subscriber of a participating mobile communications carrier on whose behalf you are entering into this Agreement) and his or her agents, and "we", "us" and "our" refer collectively to Kargo Global, Inc. (the “Company”). This Agreement explains our obligations to you, and your obligations to us with respect to the Service.
1. Description of the Service
The Service may provide mobile content, such as ringtones, games and graphics, news and other information data via the internet, mobile internet, mobile messaging, and downloadable executables Java(sm), symbian(sm) and other means of mobile content delivery to and/or the exchange of information among certain compatible mobile devices . Some of the provided content may be downloadable onto a mobile device (each a “Download”). You acknowledge and agree that the Service is solely for your personal use on the mobile device accessing the Kargo services and you agree to comply with Section 2(f) hereof and with all copyright and other laws governing the use of the Service and the Downloads.
2. Access to Service
(a) Access to the Service. In order to use the Service, you must have a mobile communications device with paid access with a participating carrier and otherwise have access to a mobile communications network for which Company makes the Service available as well as any carrier services, such as a data plan necessary to both access to and download of content, and pay when due any carrier or third party service fees and taxes associated with any such access. In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile hand set or other mobile device with network or internet access that is in working order and suitable for use in connection with the Service. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with Company's operations. Any equipment or software causing interference shall be immediately disconnected from the Service and Company shall have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service, including the release of new products and services, shall be subject to the terms and conditions of this Agreement.
(b) Subscription Plans. Company may offer the Service or Downloads or access to content services on a renewable subscription basis (each a "Subscription Plan"). These Terms are incorporated by reference in the terms and conditions of any such Subscription Plan. Subscription Plans may include a certain defined number of credits that entitle you use the Service and/or to download, receive and/or access that defined number of individual downloads of ringtones, wallpapers, games, or other mobile content for a monthly flat fee. After entering into your Subscription Plan, every month the Company will transfer credits to your account. The type and number of credits you are entitled to is dependent on the type of Subscription Plan that you elect. The provision of credits and the making available of the possibility to download, receive and/or access mobile entertainment content may be offered for a flat fee. The monthly flat fee shall become due every month irrespective of whether or not you actually view any content service during any particular subscription period. Depending on the type of Subscription Plan, if you do not use/redeem all your credits within the applicable subscription period, the unused credits will either (a) be rolled over into the next subscription period and remain in your account until used/redeemed or until expiration or termination of your subscription plan or (b) will expire at the end of the respective subscription period. If you download mobile entertainment content in excess of the amount allowed by your selected plan, then you will be prompted to purchase an additional plan and be responsible for the additional applicable plan fee. We reserve the right to terminate your participation in any Subscription Plan or service and to block your usage thereof at any time in our sole discretion. If we elect to terminate your participation and you have not breached these Terms of Service, we will refund pro rata any fees paid by you that are allocable to the period following such termination.
(c) Registration Data. If you opt to register for the Service on one of our websites, you agree to: (i) provide true, accurate and complete information about yourself as prompted by the registration form ("Registration Data") on which we may rely and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If Company has grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof with no refund). You acknowledge and agree that we (ourselves or through third party service providers) are authorized independently to verify such Registration Data.
(d) Username and Password. If you opt to register for the Service, you may be required to establish an account and obtain a username and password. You authorize us to process any and all account transactions initiated through the use of your username and password. You are solely responsible for maintaining the confidentiality of your username and password and must immediately notify us of any unauthorized use of your username and password. You acknowledge and agree that you are responsible for any unauthorized activities, charges and/or liabilities made through the use of your username and password. In no event will we be liable for the unauthorized use or misuse of your username and/or password. Company may need to change usernames allocated to certain of its Services and reserves the right to do so. You will be informed if this is necessary.
(e) Access without Registration. Company may provide you with access to some Services without you registering as a user, such as sign-up, some advertising supported services and text messaging products. In each such case your identification is based on means of identification that we deem appropriate, such as your mobile telephone number.
(f) Right to Download(s). You acknowledge and agree that the Download(s) made available as part of the Service are owned by Company, its affiliates and/or licensors, as applicable, and are protected by intellectual property laws. Company hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable right to download and use the object code version of the Download(s) and the Service on a designated compatible mobile device solely for your own personal non-commercial use. You further acknowledge and agree that you may not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Download(s) except as expressly provided in this Agreement. No license is granted to you by this Agreement in the human readable code, known as the source code, of the mobile content accessed or downloaded on your mobile device, and no rights are granted to you by this Agreement in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the mobile content downloaded on your mobile device. You may not, or attempt to (or otherwise authorize, encourage or support others" attempts to) circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Service, including, but not limited to, any consent services or Download(s).
(g) Interactive Services. Certain Kargo Services may be interactive and may permit you to upload, post or otherwise transmit data (such as photos, video by email, text tutor, text or audio messaging, or mobile internet on a mobile device). You agree not to use the Service to upload, post, email, transmit or otherwise make available any content that:
- Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, pornographic, sexually explicit, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- is harmful to minors in any way;
- impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity or attempts to disguise the source of the data;
- you do not have a right to make available under any law or under contractual or fiduciary obligations (such as inside information, proprietary and confidential information learned as part of employment relationships or under nondisclosure agreements) or that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
- constitutes or consists of unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or violates any applicable federal, state or international law designed to curb unsolicited communications and related abuses, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code, and Section 17538.45 of the California Business and Professions Code.
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interferes with or disrupts the Service or servers or networks connected to the Service, or violates any requirements, procedures, policies or regulations of networks connected to the Service;
- violates any applicable local, state, national or international law,
- provides material support or resources (or attempts to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- Is designed to "stalk" or otherwise harass another.
You acknowledge and agree that Kargo has no obligation whatsoever to screen or pre-screen content or data that is uploaded, posted, emailed, transmitted or otherwise made available by you or any other user of the Service, provided that Kargo reserves the right to do so. Additionally, Kargo reserves the right in its sole discretion to remove any content or data that violates these Terms of Service or is otherwise objectionable. You agree that you bear all risks associated with, the use of any content or data provided by or via the Service, including any reliance on the accuracy, completeness, or usefulness of such content or data.
This Agreement will terminate immediately, without notice, if you fail to comply with any term or condition of this Agreement. Upon a termination of this Agreement, you agree to immediately remove all downloaded mobile content from your wireless communications device and discontinue your use of the Service.
(h) Consent to Receive Marketing Communications. By participating in the Service or other interactive activity, you consent to receive further information on product and service offerings via email, text messages or other similar notification on your mobile device or computer. Such offerings will originate from Company but may use the name or likeness of Company content provider and will be related to the content offered in the Service or interactive activity. Communications will originate from the same website, email domain or short code that was used in connection with the Service or interactive activity. Company will not sell or transfer your data to any third party without your notification and consent. You may opt out of such further offerings at any time by following the instructions in the applicable marketing communications or interactive service.
(i) Interruptions or Discontinuation of Service. Company reserves the right at any time and from time to time to modify, suspend, discontinue or permanently cancel the Service, or portions thereof, or your use thereof with or without notice ort liability to you.
(j) Viruses. The Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your mobile device, computer equipment or other property on account of your access to, use of, or browsing in the Service or your downloading of any materials, data, text, images, video, or audio from the Service.
(k) Third Party Content. The Company is not a publisher of content supplied by third parties and users of the Service. Accordingly, the Company has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of the Company. In many instances, the content available through the Service represents the opinions and judgments of the respective information provider or user. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Service by anyone other than authorized Company employee spokespersons while acting in their official capacities.
(l) Third Party Products and Services. We may make available or provide access to products and services of independent third parties either directly or via links to websites operated by such third parties. Such products or services shall be purchased and/or obtained directly from such third party. You acknowledge and agree that COMPANY SHALL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS OR SERVICES OF THIRD PARTIES.
You acknowledge that Company may collect and process "personal information" (i.e. information that could be used to contact you, such as full name, postal address, phone number or e-mail address), "financial information" (e.g.. credit card numbers, bank account information or passwords) or "demographic and usage information" (i.e. information that you submit, (e.g. age, gender, birth date and other demographic information) or that we collect, that is neither personal information nor financial information but necessary or desirable for the proper functioning and billing of our Service, such as the date regarding the start and end and the extent of your usage of the service), in connection with the Service. We may pass on your personal information, financial information and or demographic and usage information to your mobile phone service provider. By using the Service, you consent to any such transfer of information. Your personal information, financial information and demographic information will be deleted no later than six months after termination of your subscription. Company may store your information beyond this date if that is required by law or contract.
You agree to indemnify, defend and hold the Company and its parent company, subsidiaries, affiliates, officers, directors, shareholders, contractors, agents, employees, licensors, third party content providers, network operators and their respective assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees, arising out of or in connection with (a) your use of the Service, and (b) the breach by you of your representations and warranties set forth herein.
5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES
A. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER THE COMPANY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, PRODUCT, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE.
B. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICE.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SERVICE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES OVER WHICH IT HAS NO CONTROL.
D. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL THE COMPANY’S OR ANY THIRD PARTY CONTENT PROVIDER’S OR NETWORK OPERATOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SERVI CE. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED.
6. Intellectual Property Rights
Except as otherwise set forth herein, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Service, including without limitation patent, copyright, trademark and trade secret rights (collectively "Company Intellectual Property Rights") are owned by Company or its licensors, and you agree to make no claim of interest in or ownership of any such Company Intellectual Property Rights. You acknowledge that no title to the Company Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in this Agreement.
The Service may be covered by one or more U.S. or foreign patents, including: U.S Patent No. 6,731,316, Korean Patent No. 10-0672047, Russian Federation Patent No. 2288499, Mexican Patent No. 232036, Australian Patent No. 2001295029 and Australian Patent No. 2002236938 (pending).
Kargo, Wapslap. Morphis, the Power of Everywhere, Wax, On Your PDA, and On Your Phone are registered trademarks, and Wax and Ola are trademarks, of Kargo Global, Inc. All other trademarks appearing on the Service are the property of their respective owners.
You may choose to purchase services or content from the Company. Such services or Content may be billed either via text messaging or on your carrier phone bill. The fees may be either on a one time basis or part of a Subscription Plan. The policies covering Subscription Plans are described above in Section 2(b). You may obtain the amount of a monthly subscription fee by sending a text message with the word “HELP” in the body of the message to the originating shortcode of any text message sent by the Subscription Plan. In some cases, you may be required to check your carrier bill for this information. You agree to pay your mobile device operator for all individual Downloads and pay the monthly fee that corresponds to the Subscription Plan you select in accordance with the fees in effect at the time of your order. Unless otherwise indicated, the charges shall be invoiced on the bill from your participating mobile communications carrier. All fees are subject to change upon notice from Company. Company will provide you with reasonable notice of such change. If you do not accept the new fees (which will be applicable on a prospective basis only), you will have 14 days from the date of such notice to cancel your subscription plan and/or your account effective at the end of the calendar month. All fees are due immediately and are non-refundable, except as otherwise expressly noted.
10. Termination and Cancellation of Services
To cancel your Subscription Plan, send a text message with one of the following words in the body of the message: "STOP" “END” or “QUIT” to the originating shortcode of any text message sent by the Subscription Plan or any other number as may be designated on our Website. You may also send an email to email@example.com or call (866) 408 1385 for assistance in canceling your Subscription Plan. Opt out information is available at any time by sending a text message with one of the following words in the body of the message: "HELP” to the originating shortcode of any text message sent by the Subscription Plan. The termination shall become effective at the end of the billing period in which you gave your notice of termination. You may be required to contact your wireless carrier to fully unsubscribe from the Subscription Plan.
You agree that Company, at its sole discretion, may at any time terminate your use of the Service and Subscription Plan(s) or individual services provided via the Service and/or change its content offering made available through the Service, if Company believes that you have violated or acted inconsistently with this Agreement. You agree that upon termination of your access to the Service under any provision of this Agreement, Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Company shall not be liable to you or any third party for any termination of your access to the Service. If you cancel your account or Subscription Plan for any reason, Company will not refund any of your fees paid to date, except as expressly provided in this Agreement.
For a complete description of our billing and refund practices, see http://www.kargo.com/terms.
11. Miscellaneous Provisions
(a) Notices and Announcements. Except as expressly provided otherwise herein, all notices to Company shall be in writing and delivered via overnight courier or certified mail, return receipt requested to:
36 East 12th St. 6th Floor
New York, NY 10003
Tel: (212) 979-7900
Fax: (212) 979-7950
Company shall serve notices related to this contract by posting them on the Website or by sending them to the postal address or e-mail address you have given to Company or as a text message to your mobile telephone number associated with your account. Notices sent by mail shall be deemed received seven days after they were sent. Notices posted on the Website or sent by e-mail or as a text message shall be deemed received on the weekday following the day when they were posted or sent.
(a) Severability. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement; this Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible, consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.
(b) Entire Agreement. You agree that this Agreement constitutes the entire agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
(c) Assignment and Resale. Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. You agree not to resell the Service or any portion thereof.
(d) Governing Law. This Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the State of New York, United States of America, excluding its conflict of laws rules. You and we each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the state course located in New York County, New York or the United States District Court for the Southern District of New York for any disputes between us under or arising out of this Agreement. The parties hereby waive any right to jury trial with respect to any action brought in connection with this Agreement. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
(e) Export Control. Content, Software and other materials from this Service may also 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 content or software from this Service may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the Unites States has embargoed goods; or (2) anyone on the Unites States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. The Company does not authorize the downloading or exportation of any content, software or technical data from this Site to any jurisdiction prohibited by the United States export laws or regulations.
(f) Changed Terms. The Company reserves the right at any time to change or modify the terms and conditions applicable to use of the Service or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the Service, or by electronic or conventional mail, or by any other means. Any use of the Service by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.
(g) Waiver. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Company. The remedies of Company under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.
(h) Headings. The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
(i) Survival. In the event this Agreement terminates as provided herein, Sections 2(b), 2(c), 2(e), 4, 5, 6, 10 and 11 of this Agreement shall survive such expiration or termination.
36 East 12th Street, 6th Floor, New York, NY, 10003
Phone: 212.979.7900 Fax: 212.979.7950
Copyright © 2008, Kargo Global, Inc. All rights reserved