THE CARRINGTON FIRM PA
THE BLACK HISTORY PODCAST
These Terms and Conditions (the “T&Cs”) govern your use of the web sites, www.thisiscarrington.com, www.blackhistorypodcast.com, or (collectively, the “WebSite” or “WebSites”). By using the WebSites, you accept these T&Cs in full. If you disagree with these T&Cs or any part herein, you must not use the WebSites. For the sake of clarity,
You must be at least eighteen (18) years of age to use the WebSites, and by using the WebSites, and by agreeing to these T&Cs, you represent and warrant that you are at least eighteen (18) years of age.
LICENSE TO USE WEBSITE
Unless otherwise stated the Carrington LLC, and/or its licensors, own the intellectual property rights in the website and material on the WebSites. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or other content from the WebSites for your own personal use, subject to the restrictions set out below and elsewhere in these T&Cs.
You must not:
republish material from the WebSites (including republication on another website);
sell, rent or sub-license material from the WebSites;
show any material from the WebSites in public;
reproduce, duplicate, copy or otherwise exploit material on this WebSite for a commercial purpose, without the express written consent of Carrington, LLC;
edit or otherwise modify any material on the WebSites; or
redistribute material from the WebSites, except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed within your organization, and is in no way made available for public redistribution.
You must not use the WebSites in any way that cause, or may cause, damage to the WebSites or impairment of the availability or accessibility of the WebSites; or in any way which is lawful, illegal, fraudulent or harmful, or in connections with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the WebSites to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation: (a) scraping; (b) data mining; (c) data extraction; (d) data harvesting; etc) on or in relation to the WebSites without Carrington LLC’s express written consent.
You must not use the WebSites to transmit or send unsolicited commercial communications.
You must not use the WebSites for any purpose(s) related to marketing without Carrington LLC’s express written consent.
Access to certain areas of the WebSites is restricted. Carrington LLC reserves the right to restrict access to other areas of the WebSites, or indeed the entire WebSite, at Carrington LLC’s sole discretion.
If Carrington LLC provides you with a user ID and password, or other such login credentials, to enable you to access restricted areas of the WebSites, or other content, or services, you must ensure that the user ID and password are kept confidential.
Carrington LLC may disable your user ID and password in Carrington LLC’s sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to the WebSite, for whatever purpose.
You grant to Carrington LLC a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Carrington LLC the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Carrington LLC or a third party (in each case under any applicable law).
You must not submit any user content to the WebSites that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Carrington LLC reserves the right to edit or remove any material submitted to the WebSites, or stored on Carrington LLC servers, or hosted or published upon the WebSites.
Notwithstanding Carrington LLC’s rights under these T&Cs in relation to user content, Carrington LLC does not undertake to monitor the submission of such content to, or the publication of such content on, the WebSites.
The WebSites are provided “as is” without any representations or warranties, express or implied. Carrington LLC makes no representation or warranties in relation to the WebSites or the information and materials provided on the WebSites.
Without prejudice to the generality of the foregoing paragraph, Carrington LLC does not warrant that:
the WebSites will be constantly available, or available at all; or
the information the WebSites is complete, true, accurate or non-misleading.
Nothing on the WebSites constitute, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, business, or medical matter, you should consult the appropriate professional, including potentially consulting, The Carrington Firm, P.A.
LIMITATIONS OF LIABILITY
Carrington LLC will not be liable to you (whether under the law of contract, the law of tort, or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the WebSites:
to the extent that the WebSites are provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Carrington LLC has been expressly advised of the potential loss.
Nothing in the WebSite disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in the WebSite disclaimer will exclude or limit Carrington LLC’s liability in respect of any:
death or personal injury caused by Carrington LLC’s negligence;
fraud or fraudulent misrepresentation on the part of Carrington LLC; or
matter which it would be illegal or unlawful for Carrington LLC to exclude or limit, or to attempt or purport to exclude or limit its liability.
By using the WebSites, you agree that the exclusions and limitations of liability set out in this WebSite disclaimer are reasonable.
In the event you do not believe they are reasonable, you must not use the WebSites.
You accept that, as a limited liability entity, Carrington LLC has an interest in limiting the personal liability of its officers and employees. You agree that you will bring no claim personally against Carrington LLC’s officers, or employees in respect of any losses you suffer in connection with the WebSites.
Without prejudice to the foregoing, you agree that the limitations of warranties and liability set out in these T&Cs will protect Carrington LLC’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Carrington LLC.
If any provision of these T&Cs is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these T&Cs.
You hereby indemnify Carrington LLC and undertake to keep Carrington LLC indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Carrington LLC to a third party in settlement of a claim or dispute on the advice of Carrington LLC’s legal advisors) incurred or suffered by Carrington LLC arising out of any breach by you of any provision of these T&Cs, or arising out of any claim that you have breached any provision of these T&Cs.
BREACH OF THESE TERMS AND CONDITIONS
Without prejudice to Carrington LLC’s other rights under these T&Cs, if you breach these terms and conditions in any way, Carrington LLC may take such action as Carrington LLC deems appropriate to deal with the breach, including suspending your access to the WebSites, prohibiting you from accessing the WebSites, blocking computers using your IP address from accessing the WebSites, contacting your internet service provider to request that they black your access to the WebSites and/or bringing court proceedings against you.
Carrington LLC may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the WebSites fro the date of the publication of the revised terms and conditions on the WebSites. Please check this page regularly to ensure you are familiar with the current version(s).
Carrington LLC may transfer, sub-contract or otherwise deal with Carrington LLC’s rights and/or obligations under these T&Cs without notifying you or obtaining yout consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these T&Cs.
If a provision of these T&Cs is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These T&Cs, together with any other referenced or associated documents, constitute the entire agreement between you and Carrington LLC in relation to your use of the WebSites, and supersede all previous agreements in respect to your use of the WebSites.
LAW AND JURISDICTION
These T&Cs will be governed by and construed in accordance with Missouri law, and any disputes relating to these T&Cs will be subject to the exclusive jurisdiction of the courts of the State of Missouri.