TERMS OF USE
These Terms of Use cover the website (www.FillyGirl.com) of Cargotts Consulting LLC and any associated content including email, RSS and Mobile Services, as defined below. Please read this statement carefully before using or proceeding to access the website. By visiting Cargotts Consulting LLC’s website or downloading, installing or using any Cargotts Consulting LLC mobile or desktop application software or services, or other materials or services made available on, from, or through the Website, you signify your agreement to the terms and conditions set forth in these Terms of Use (the “Terms”) and Cargotts Consulting LLC’s Privacy Policy, found at https://fillygirl.com/legal/privacy/ and incorporated herein by reference. If you do not agree to any of these Terms or Cargotts Consulting LLC’s Privacy Policy, please do not use the Website. The Website is provided, controlled, operated and administered by Cargotts Consulting LLC from its office within the United States of America. Cargotts Consulting LLC makes no representation that the Website is appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.
To use the Website, you must either be (a) at least 18 years of age or the age of majority in your jurisdiction of residence (whichever is greater); or, (b) if you are between the ages of 13 and 18/the age of majority, you must have the consent of your legal parental or guardian consent to use the Website. If you are under 13 years of age, please do not use the Website.
Cargotts Consulting LLC may, in its sole discretion, modify or revise these Terms and policies at any time. Unless Cargotts Consulting LLC makes a change for legal or administrative reasons, Cargotts Consulting LLC will provide reasonable advance notice before the updated Terms become effective. You agree that Cargotts Consulting LLC may notify you of the updated Terms by posting them on the Website, and that your use of the Website after the effective date of the updated Terms (or engaging in such other conduct as Cargotts Consulting LLC may reasonably specify) constitutes your agreement to the updated Terms. Therefore, you should review these Terms before using the Website. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms, and will apply to your use of the Website from that point forward.
The Website is a temporary free service and Cargotts Consulting LLC can begin charging at any time for use of any or all parts of the Website. Cargotts Consulting LLC is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to “Amazon.com”. Cargotts Consulting LLC reserves the right to discontinue any aspect of the Website at any time. Cargotts Consulting LLC reserves the right to reclaim usernames that become inactive or on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
These Terms apply to all users of the Website, including users who contribute User Submissions, as defined below.
Accounts
You do not need an account in order to access content on the Website; however, in order to access some features of the Website, you will have to create an account. You may be able to create your account using your Facebook account or other accounts. Your use of these third party services are governed by the terms of use and privacy policies of these third parties. Additionally, you may never use another’s account without permission. When creating your account, you must provide accurate and complete information. Cargotts Consulting LLC prohibits the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provide or provided to Cargotts Consulting LLC upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. It is your sole responsibility to protect your password from unauthorized use. You must notify Cargotts Consulting LLC immediately of any breach of security or unauthorized use of your account. You agree that you will not solicit, collect or use the login credentials of other The Last Detail In. users.
Although Cargotts Consulting LLC will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Cargotts Consulting LLC or others due to such unauthorized use. Cargotts Consulting LLC will not be responsible for any unauthorized access to, or alteration of, your transmissions or data, any material, information or data sent or received from your account, regardless of whether the data is actually received by Cargotts Consulting LLC
Proprietary Rights
You acknowledge and agree that the Website and all materials incorporated by Cargotts Consulting LLC on the Website other than the User Submissions, including, without limitation, all content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, API’s, products, software, services, and all other elements of the Website (“Material”) constitute the proprietary and valuable property of Cargotts Consulting LLC and are protected by United States and international copyrights, patents, trade secrets or other proprietary rights and laws (“IP Rights”). Any use of the Website other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Cargotts Consulting LLC
Some of the characters, logos or other images incorporated by Cargotts Consulting LLC are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Cargotts Consulting LLC or others (“Trademarks”). You agree not to use any Cargotts Consulting LLC Trademarks without Cargotts Consulting LLC’s written consent. Other trademarks, service marks, trade names, logos and other branding used and displayed via the Website (“Third Party Mark(s)”) may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Cargotts Consulting LLC. Except as expressly provided in these Terms or in terms provided by the owner of a Third Party Mark, nothing in these Terms or the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Cargotts Consulting LLCTrademarks displayed on the Website, without Cargotts Consulting LLC’s prior written permission in each instance. All goodwill generated from the use of Cargotts Consulting LLC Trademarks will inure to the exclusive benefit of Cargotts Consulting LLC
Your Use of Material
Your right to make use of Cargotts Consulting LLC’s website and any Material or other content appearing on it is subject to your compliance with these Terms of Use. Material is provided to you AS IS. Modification or use of the Material or any other content on Cargotts Consulting LLC’s website for any purpose is not permitted by these Terms of Use and may be a violation of the IP Rights and is prohibited.
You may access and display Material and all other content displayed on Cargotts Consulting LLC’s website for non-commercial, personal, entertainment use on a single computer or device only. The Material and all other content on Cargotts Consulting LLC’s website may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by Cargotts Consulting LLC. Any authorization to copy Material granted by Cargotts Consulting LLC in any part of the Website for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer or device only, and is subject to your reproducing and keeping intact, and not altering, removing, modifying or suppressing, all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on Cargotts Consulting LLC’s website into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
You understand that when using the Website, you will be exposed to Material from a variety of sources, and that Cargotts Consulting LLC is not responsible for the accuracy, timeliness, usefulness, or IP Rights of or relating to such Material. You further understand and acknowledge that you may be exposed to Material that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Cargotts Consulting LLC with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Cargotts Consulting LLC, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Website.
Your User Submissions and Conduct
- You may submit picture or video content (“User Pictures”) and textual content, including but not limited to, jokes, comments (“User Comments”) to Cargotts Consulting LLC, via photo upload function on www.fillygirl.com, or via email. User Pictures, User Videos, User Jokes, and User Comments are collectively referred to as “User Submissions”. You understand that whether or not such User Submissions are published, Cargotts Consulting LLC, does not guarantee, and disclaims, any confidentiality with respect to any User Submissions. Cargotts Consulting LLC has the right to edit and/or alter any User Submissions. Cargotts Consulting LLC reserves the right not to use the User Submissions at all and/or to use as much or as little of the User Submissions as it chooses. The website is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Cargotts Consulting LLC may place such advertising and promotions on the Website or on, about, or in conjunction with your User Submissions. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
- You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have all the necessary licenses, rights, consents, and permissions to use and publish your User Submissions and you license and authorize Cargotts Consulting LLC, and its affiliates, successors, agents and assigns, employees, licensees, and designees to use all IP Rights in and to any and all User Submissions to enable publication and use of the User Submissions in the manner contemplated by the Website and these Terms. You must be 18 years old or the age of majority in your jurisdiction of residence (whichever is greater) to submit User Submissions to the “English Vs. Western” Category. By posting to this category, you agree you are of legal age.
- For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Cargotts Consulting LLC, you hereby grant Cargotts Consulting LLC, and its agents, employees, affiliates, licensees, designees, assigns and successors, a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, copy, transmit, distribute, prepare derivative works of, cache, store, display, edit, telecast, rerun, syndicate, print, perform and otherwise exploit the User Submissions in connection with the Website, including without limitation for advertising, marketing, promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms. You hereby waive any claims you may have based on any usage of User Submissions or the works derived therefrom including but not limited to claims for invasion of privacy. You grant Cargotts Consulting LLC and its affiliates and sublicensees the right to use the name that you submit in connection with such User Submissions if they choose. You understand and agree, however, that Cargotts Consulting LLC may retain, but not display, distribute, or perform, server copies of your User Submissions that have been removed or deleted. The above licenses granted by you terminate within a reasonable time after your User Submissions is removed or deleted from the Website.
- You acknowledge that Cargotts Consulting LLC may establish general practices and limits concerning use of the Website, including without limitation the maximum period of time that User Submissions or other data or materials will be retained by the Website and the maximum storage space that will be allotted on Cargotts Consulting LLC’s servers on your behalf. You agree that Cargotts Consulting LLC has no responsibility or liability for the deletion or failure to store any User Submissions or other data or materials maintained or transmitted by the Website. You acknowledge that Cargotts Consulting LLC reserves the right to terminate accounts that are inactive for an extended period of time. Also, Cargotts Consulting LLC reserves the right to delete any User Submissions for any reason, without prior notice, including, without limitation, to provide additional capacity on the Website. Deleted User Submissions may be stored by Cargotts Consulting LLC in order to comply with certain legal obligations and are not retrievable without a valid court order. Consequently, Cargotts Consulting LLC encourages you to maintain your own backup of your User Submissions.
- You agree not to post, email, or otherwise make available User Submissions:
(a) that are unlawful, harmful, pornographic, obscene, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
(b) that harass, degrade, intimidate or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(c) that impersonate any person or entity, including, but not limited to, a Cargotts Consulting LLC employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) that include personal or identifying information about another person without that person’s explicit consent;
(e) that are false, deceptive, misleading, deceitful, or misinformative;
(f) that infringe any IP Right or other proprietary rights of any party;
(g) that you do not have a right to make available under any law, or under contractual or fiduciary relationships;
(h) that constitute or contain any form of advertising or solicitation, “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
(i) that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Website or any computer software or hardware or telecommunications equipment;
(j) that disrupt the normal flow of dialogue with an excessive amount of User Submissions (flooding attack) to the Website, or that otherwise negatively affects other users’ ability to use the Website; or
(k) that employ misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of User Submissions transmitted through the Website.
- In connection with User Submissions, you further agree that you will not submit material that is subject to a third party’s copyright, protected by third party’s trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Cargotts Consulting LLC, all of the license rights granted herein.
- Cargotts Consulting LLC does not control the User Submissions posted by users or otherwise made available by other persons and does not have any obligation to monitor such User Submissions for any purpose. If at any time, Cargotts Consulting LLC chooses, in its sole discretion, to monitor the User Submissions, Cargotts Consulting LLC nonetheless assumes no responsibility for the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the user submitting any such User Submissions. Cargotts Consulting LLC, does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Cargotts Consulting LLC, expressly disclaims any and all liability in connection with User Submissions. Cargotts Consulting LLC does not permit copyright infringing activities on its Website, and Cargotts Consulting LLC will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s copyright pursuant to Cargotts Consulting LLC’s Copyright Policy. Please see the Copyright link below. Cargotts Consulting LLC, reserves the right to remove Content and User Submissions without prior notice.
- You agree not to alter or modify any part of the Website or to obtain or attempt to access or otherwise obtain any materials or information through hacking, password mining or any other any means not intentionally made available or provided for through the Website. You must not interfere or disrupt the Website or servers or networks connected to the Website, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Cargotts Consulting LLC page is rendered or displayed in a user’s browser or device. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to The Last Detail Inc’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use any communication systems provided by the Website (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions. In your use of the Website, you will comply with all applicable laws, statutes and regulations.
- If you provide feedback, questions, comments, suggestions, ideas, or other information to us regarding the Website, Content, or User Submissions (collectively, “Feedback”), you acknowledge that the Feedback is non-confidential and you authorize us to use that Feedback without restriction and without acknowledgment, payment or other compensation to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose, commercial or otherwise.
Copyright Policy
If you believe that any Material made available on this Website is in violation of your copyright, please see The Last Detail Inc’s Copyright Policy for instructions on how to proceed.
Mobile Services
Cargotts Consulting LLC may offer certain services that are available via a mobile device including (i) the ability to upload User Submissions to the Website(s) via a mobile device, and (ii) the ability to browse the Website from a mobile device. To the extent you access the Website through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you understand that certain information about your usage of the Mobile Services may be communicated to Cargotts Consulting LLC
External Link Disclaimer
Cargotts Consulting LLC’s website contain links to external, third party web sites along with relevant commentary to provide our visitors with an up to date digest of current news stories or for reference purposes. Some of these sites may not be affiliated with Cargotts Consulting LLC
By providing links to other sites, Cargotts Consulting LLC does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to Cargotts Consulting LLC’s website.
Cargotts Consulting LLC does not operate or control and has no responsibility for the information, content, products and/or services found on any external sites. Nor does it represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.
Visiting any such external sites is at your own risk. We encourage our users to be aware when they leave our site and to read the terms of use and privacy statements of such external websites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.
No authorization or permission is given for framing or linking to any pages of a Website or any of its User Submissions, whether in whole or in part.
Comments and Discussion Groups Terms of Use
In order to make our Comments interesting and informative for our users, in addition to the other requirements provided in these Terms, the following guidelines must be adhered to by all users posting and/or viewing comments:
If a comment is made using your identity or account it will be deemed to have been posted by you.
Do not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material.
Do not intentionally make false or misleading statements.
Do not offer to sell or buy any product or service.
Do not post material that infringes copyright.
Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.
Do not question why a previous comment was removed.
Keep all comments relevant and “on topic”.
Cargotts Consulting LLC will not accept responsibility for information posted in the Comments.
If Cargotts Consulting LLC receives notice that any posting is not in keeping with these terms and conditions or the intended use of the Comments, Cargotts Consulting LLC may remove that posting and/or any other related postings.
Termination Policy
You may delete or temporarily suspend your account at any time. When suspended, your profile will be invisible until you reactivate your account. If you choose to delete your account, all of your information will be deleted from the Website and our servers. If your profile is suspended or terminated, your User Submissions may not be deleted from the Website or our servers.
Cargotts Consulting LLC may terminate a user’s account or access to the Website if, under appropriate circumstances, Cargotts Consulting LLC determines you violated these Terms or Cargotts Consulting LLC’s Privacy Policy. If Cargotts Consulting LLC terminates your access to the Website or you delete your account, your User Submissions, comments and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Website. Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.
Cargotts Consulting LLC reserves the right to decide whether User Submissions violate these Terms for reasons other than copyright infringement, such as, but not limited to violations of law, or under contractual or fiduciary relationships, fraud, pornography, obscenity, illegal or offensive content. Cargotts Consulting LLC may at any time, without prior notice and in its sole discretion, remove such User Submissions and/or deactivate or delete a user’s account for submitting such material in violation of these Terms may and/or bar any further access to such files or the Website. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Website, may be referred to appropriate law enforcement authorities.
In accordance with the DMCA and other applicable laws, Cargotts Consulting LLC has adopted a policy of terminating, in appropriate circumstances and at Cargotts Consulting LLC’s sole discretion, users who are deemed to be repeat infringers. Cargotts Consulting LLC may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any IP Rights of others, whether or not there is any repeat infringement.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CARGOTTS CONSULTING LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. CARGOTTS CONSULTING LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CARGOTTS CONSULTING LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE WEBSITE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE OR ANY SITES LINKED TO THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. CARGOTTS CONSULTING LLC MAKES NO WARRANTIES THAT YOUR USE OF THE WEBSITE OR THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND CARGOTTS CONSULTING LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF CARGOTTS CONSULTING LLC IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. CARGOTTS CONSULTING LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER SUBMISSIONS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, (VI) ANY ERRORS OR OMISSIONS IN ANY USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER SUBMISSIONS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, AND/OR (VII) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
Limitation of Liability
IN NO EVENT SHALL CARGOTTS CONSULTING LLC, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE WEBSITE OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED (I.E., WARRANTY, CONTRACT, OR TORT), AND EVEN IF CARGOTTS CONSULTING LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT CARGOTTS CONSULTING LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
YOU SPECIFICALLY ACKNOWLEDGE THAT CARGOTTS CONSULTING LLC SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF CARGOTTS CONSULTING LLC’s ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY CARGOTTS CONSULTING LLC, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY CARGOTTS CONSULTING LLC
Indemnity
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, application, services and site content remains with you. You agree to defend, indemnify, and hold Cargotts Consulting LLC, its officers, directors, members, employees, affiliates, and agents, harmless from and against any claims, liabilities, damages losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use the Website, User Submissions, Material or Content, (ii) your User Submissions, (iii) your violation of these Terms or any laws, (iv) your violation of any third party right, including without limitation any IP rights or privacy right; or (v) any claim that your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Rules and your use of the Service.
General
You agree that: (i) the Website shall be deemed solely based in New York; and (ii) the Website shall be deemed a passive web site that does not give rise to personal jurisdiction over Cargotts Consulting LLC, either specific or general, in jurisdictions other than New York. These Terms shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any and all disputes, claims and causes of action arising out of or connected with the Website shall be resolved individually, without resort to any form of class action, and exclusively by a court of competent jurisdiction located in New York, New York and the parties hereby consent to such venue and to the jurisdiction of such courts over such proceeding and themselves.
These Terms, together with the Privacy Policy at https://fillygirl.com/legal/privacy/ and the Copyright Policy at https://fillygirl.com/legal/copyright and any other legal notices published by Cargotts Consulting LLC on the Website, shall constitute the entire agreement between you and Cargotts Consulting LLC concerning the Website.
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and Cargotts Consulting LLC’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Cargotts Consulting LLC without restriction. YOU AND CARGOTTS CONSULTING LLC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Dated: Nov 1, 2014
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