Thank you for visiting our Web site. By accessing or using any areas of our Web
site (www.cartango.com)
and all related servers operated by cartango, Inc.), you are bound by the terms
and conditions set forth below, as well as the terms of our Acceptable Use Policy and our Web Site Privacy Statement. If you do not accept these
terms and conditions, you may not access or use this Web site. We retain the right
to modify these terms and conditions at any time by posting new terms and conditions
on this page.
Permission to Use this Web Site
Many portions of this Web site are available for public viewing and use. You must
register or enter into a separate agreement with cartango, Inc. to access other portions of this
Web site. Subject to the terms and conditions set forth on this page, our Acceptable Use Policy and our Privacy Statement, and the terms and conditions
of any license or other agreement pursuant to which you use our products or services,
cartango
grants you permission to do the following: (i) view and use for intended purposes
those portions of this Web site to which we have granted you access; (ii) make one
complete, unaltered electronic copy and/or one complete, unaltered paper copy of
any page on this Web site to which we have granted you access, provided you retain
all copyright, trademark and other proprietary rights notices and that you use it
solely for personal or internal business purposes and do not distribute or republish
it; (iii) obtain our products and sign up for our services, subject to payment of
all applicable charges and agreement to the terms and conditions of any license
agreement or other agreement associated with those products and services; and (iv)
use the discussion forums, contact lists and e-mail links to which you have been
granted access to interact with cartango
and other users of our products and services in ways that do not violate our Acceptable Use Policy . Any other use of this
Web site or its contents is prohibited without first obtaining written permission
from cartango.
Copyright, Trademarks and Other Proprietary Rights
This Web site contains text, data, software, photographs, graphics, videos, music,
sounds and other information and material that is protected by state, national and
international law pertaining to copyrights, trademarks, trade secrets, and other
proprietary rights. Unless indicated otherwise, all of this content is the property
of cartango,
Inc. and/or its licensors or affiliates, and cartango and its licensors and affiliates reserve
all rights with respect to this Web site’s content, including, without limitation,
all rights to copy, display, distribute, transmit, modify, remove, and create derivative
works of it.
cartango,
and cartango's
Trademarks are trademarks of cartango,
Inc. Use of cartango's
trademarks is subject to the terms and conditions of our Trademark Usage Policy.
Other trademarks, product names, company names and logos appearing on this Web site
are the property of their respective owners. You must obtain permission from those
owners before copying or using their trademarks, product names, company names or
logos.
Linking, Framing, and Metatags
You may make referential links to any of the publicly accessible pages on this Web
site that are not password protected, subject to review and termination by us at
any time and for any reason. Please be aware that we continually update and revise
our Web site. We cannot guaranty that each page to which you may provide a link
will remain available or that its content will remain the same.
You may not link to our Web site in any way that might lead others to believe that
our Web site or any of its contents were created or are operated or offered by you
or any party other than cartango.
Unless you have entered into a separate written agreement with us permitting you
to do so, you may not frame or otherwise display any portion of our Web site or
any of its contents, nor may you place any text or other content on your Web site
that states or implies that there is any association between you and
cartango.
You may not use any of cartango’s
trade names, trademarks or any of the textual content of our Web site as metatags
in your own Web site, unless we have granted you a license explicitly permitting
you to do so.
Communication and Submissions via this Web Site
Whenever you communicate with cartango
or others using this Web site, including its forums and e-mail links, your communications
are nonconfidential. cartango
is free to use all submissions, ideas and feedback contained in your communications
in any manner that is consistent with our Privacy Statement, including, but not
limited to, incorporating your suggestions into our product and service offerings
without any financial or other obligation to you.
Member Account, Security and Password
If any of the products or services available to you on this Web site requires you
to open an account, you must complete the registration process by providing us with
current, complete and accurate information as prompted by the applicable registration
form. You may be asked to choose a user name and/or password. You are entirely responsible
for maintaining the confidentiality of your password and account. Furthermore, you
are entirely responsible for any and all activities that occur under your account.
You agree to notify cartango
immediately of any unauthorized use of your account or any other breach of security.
cartango
will not be liable for any loss that you may incur as a result of someone else using
your password or account, either with or without your knowledge. However, you could
be held liable for losses incurred by cartango or another party due to someone else
using your account or password. You may not use anyone else's account at any time,
without the permission of the account holder.
Third Party Statements and Opinions
cartango
is not responsible for any opinions, advice or statements made by third parties.
Except as required by law, we have no obligation to monitor users’ postings to our
forums or to remove or retain forum content, although we reserve the right to do
so.
Third Party Products, Services and Web Sites
Third parties may develop or provide tools or other software applications or components,
materials, data, content or other products or services for use with our products
or services, some of which may be accessible on or via this Web site.
cartango makes no representation
or warranty with respect to the quality, reliability or non-infringement of any
third party product, service or material accessible on or via this Web site. Your
rights with respect to third party products, services or data may be subject to
the terms and conditions of separate agreements with the third parties providing
them.
This Web site may contain links to third party Web sites. These links are provided
solely as a convenience to you. Unless explicitly stated otherwise, they are not
intended as a certification or endorsement of the owner of the Web site, the Web
site’s content, or any products or services available on or via the Web site. cartango
does not control and is not responsible for linked Web sites, or any Web sites (other
than our own) that are linked to them.
No Warranties
THIS WEB SITE AND ITS CONTENTS ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE"
BASIS. cartango,
AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTROLLED OR CONTROLLING ENTITIES, BUSINESS
PARTNERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS, LICENSORS AND SUPPLIERS (COLLECTIVELY,
"AFFILIATES"), MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ABOUT THIS WEB
SITE OR ITS CONTENT, AND THEY DISCLAIM ALL WARRANTIES REGARDING THIS WEB SITE AND
ITS CONTENTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BY WAY OF EXAMPLE
AND NOT LIMITATION, WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE,
ACCURACY OR COMPLETENESS OF CONTENT, OR the availability or quality of any products
or services AVAILABLE VIA this Web site (except as may be set forth in any license
or other agreement related to those products or services).
Limitation of Liability
EXCEPT AS MAY BE PROVIDED IN A SEPARATE WRITTEN LICENSE OR OTHER AGREEMENT BETWEEN
YOU AND cartango
PERTAINING TO cartango’s
PRODUCTS OR SERVICES, Neither cartango
nor any of its affiliates will be liable for ANY INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR OTHER LOSSES OR damages arising out of or RELATED TO use
of this Web site OR ANY PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH
THIS WEB SITE, whether as a result of errors, omissions, LOSS OF DATA, defects,
viruses, interruptions or delays in operation or transmission, or ANY other cause.
THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE LEGAL THEORIES UNDER WHICH
RELIEF IS SOUGHT AND EVEN IF cartango
AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF THE LOSSES OR DAMAGES
ALLEGEDLY SUFFERED.
IN NO EVENT WILL cartango’S
AND ITS AFFILIATES’ TOTAL LIABILITY WITH RESPECT TO ALL CLAIMS ARISING OUT OF OR
RELATED TO YOUR USE OF THIS WEB SITE EXCEED THE LOWER OF DIRECT DAMAGES ACTUALLY
INCURRED BY YOU OR US$1O.
Some jurisdictions limit the exclusion OF DAMAGES or limitation of liability, so
the above exclusions AND limitations may not apply to you. IF any part of The exclusions
of DAMAGES OR LIMITATION OF liability set forth above is unenforceable under applicable
law, cartango’S
AND its affiliateS’ AGGREGATE LIABILITY will BE LIMITED TO THE MAXIMUM EXTENT PERMITTED
BY LAW.
Export and Import Restrictions
This Web site is controlled and operated by cartango from its offices within the United
States. cartango
makes no representation that the products, services and other materials available
through this Web site are appropriate or available for use in other countries, and
access to them from countries where their contents or use is illegal is prohibited.
Miscellaneous Terms and Conditions
The terms and conditions contained on this page apply generally to your access to
and use of this Web site and our products and services. Some of these terms and
conditions may be modified or superseded by expressly designated legal notices located
on other pages of this Web site or by the terms and conditions of the licenses or
other agreements pursuant to which you obtain our products or services. A specific
provision in any of those notices, licenses or agreements that addresses the same
subject matter as a provision on this page overrides the provision on this page.
No delay or failure to take any action or exercise any right that
cartango may take or exercise
pursuant to these terms and conditions or applicable law will constitute a waiver
of that action or right by cartango.
Any litigation arising out of or related to your access to or use of this Web site
will be brought only in the United States District Court for the Commonwealth of
Pennsylvania, or, if federal subject matter jurisdiction is lacking, then in the
Pennsylvania state trial court for the division and county in which
cartango’s or its successor’s
or assign’s principal office in Pennsylvania is then located. By accessing or using
this Web site, you submit to the personal jurisdiction of these courts and waive
all objections to placing venue exclusively before them. The prevailing party in
any litigation will be entitled, in addition to any other relief granted to it,
to recover reasonable attorney's fees, expenses and costs incurred in connection
with the litigation.
The terms and conditions contained on this page will be governed by and interpreted
in accordance with the laws of the Commonwealth of Pennsylvania, USA, without regard
to any of its choice of law rules that might lead to application of the law of another
jurisdiction. If any of the terms or conditions contained on this page are determined
to be invalid or unenforceable by a court of competent jurisdiction, then the remaining
terms and conditions will remain in full force and effect, and the invalid or unenforceable
term or condition will be deemed superseded by a valid, enforceable term or condition
that matches the practical effect of the original provision as closely as possible.
These terms and conditions set forth our entire agreement with you related to your
use of this Web site, and they prevail over any other communications we may have
regarding its use, with the exception of an agreement signed by an authorized representative
of cartango
that explicitly authorizes a use which is inconsistent with these terms and conditions.