By using the KAARGO Platform in any manner, including but not limited to visiting or browsing the KAARGO website(s) or using the KAARGO mobile application(s), you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms, conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the KAARGO Platform, including without limitation, users who are vendors, customers, and merchants, contributors of content, information, and other materials or services on the KAARGO Platform.
KAARGO IS AN INTERACTIVE TECHNOLOGY PLATFORM WEBSITE(S) AND MOBILE APPLICATIONS(S) AND SHIPPING SERVICE THAT PROVIDES A MEDIUM FOR ENABLING PEOPLE WHO WANT TO SHIP ITEMS TO REQUEST AND PURCHASE SHIPPING SERVICES FOR THOSE ITEMS FROM PARTICIPATING THIRD PARTY DRIVERS OR VEHICLE OPERATORS (COLLECTIVELY, “DRIVERS”). KAARGO DOES NOT PROVIDE SHIPPING OR LOGISTICS SERVICES, AND IS NOT A SHIPPING OR LOGISTICS CARRIER. KAARGO IS NOT A TAXI OR LIMOUSINE SERVICE. DRIVERS MAY NOT ACCEPT FOR TRANSPORT ANY ITEMS OF A SHIPPER IF THEY ARE ILLEGAL, DANGEROUS OR OTHERWISE PROHIBITED BY KAARGO’S TERMS OF SERVICE. THE SHIPPER MAY DECIDE WHETHER OR NOT TO ACCEPT SHIPMENT SERVICES FROM ANY DRIVER CONTACTED THROUGH THE KAARGO PLATFORM. ANY DECISION BY A USER TO OFFER OR ACCEPT SHIPMENT THROUGH THE KAARGO PLATFORM IS A DECISION MADE AT SUCH USER’S SOLE DISCRETION. KAARGO OFFERS A METHOD TO CONNECT DRIVERS AND SHIPPERS WITH EACH OTHER, BUT DOES NOT PROVIDE SHIPPING OR CARRIER SERVICES OR ACT IN ANY MANNER AS SUCH A SHIPPER OR CARRIER SERVICE, AND HEREBY DISCLAIMS RESPONSIBILITY OR LIABILITY FOR ANY AFOREMENTIONED SERVICES VOLUNTARILY PROVIDED TO ANY SHIPPER BY ANY DRIVER USING THE KAARGO PLATFORM.
You may use the KAARGO Platform only if you have the legal right to form a binding contract with KAARGO and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use of or access to the KAARGO Platform by anyone under the age of 18 is strictly prohibited and in violation of this Agreement. The KAARGO Platform is not available to or authorized for use by any users previously removed from the KAARGO Platform, any users or persons acting not in his or her personal or individual capacity, or any users accessing the KAARGO Platform for any purpose other than to seek to participate in shipping their items, unless specifically authorized by KAARGO (collectively, “Unauthorized Users”). Unauthorized Users are strictly prohibited from accessing or attempting to access, directly or indirectly, the KAARGO Platform. Any such unauthorized use is strictly forbidden and shall constitute a violation of Federal and applicable state and local laws.
Except for your User Content, the KAARGO Platform and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “KAARGO Content”), and all intellectual property rights related thereto, are the exclusive property of KAARGO and its licensors (including other users who post User Content to the KAARGO Platform). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any KAARGO Content. Use of KAARGO Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the KAARGO Platform, including without limitation about how to improve the KAARGO Platform or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place KAARGO under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, KAARGO does not waive any rights to use similar or related ideas previously known to KAARGO, or developed by its employees, or obtained from sources other than you.
The KAARGO Platform is a medium for enabling Shippers to request and purchase shipping for their items from Drivers who are already planning a trip to the same or a nearby destination. Shippers must declare the item(s) they are shipping on the KAARGO Platform at the point of arranging for the trip. Drivers will check items upon accepting shipment to verify they match the items described on the KAARGO website. Shippers may not ship and Drivers may not accept or transport the following items:
This is not an exhaustive list and may be updated at any time. Use common sense when shipping or accepting items for shipment. Do not accept a shipment if you cannot verify its contents or suspect there may be prohibited items in the shipment. Contact KAARGO immediately at firstname.lastname@example.org to alert us. If KAARGO discovers an objectionable shipment on the KAARGO website or is informed of such a shipment KAARGO reserves the right to cancel the shipment and inform parties of shipment cancellation through the KAARGO Platform. All payments and fees to KAARGO in this case will not be refunded. It is the sole responsibility of Drivers and Shippers to ensure they adhere to the KAARGO Platform rules on what can and cannot be shipped and to review these terms each time an item is shipped to ensure compliance.
For each trip undertaken, the KAARGO Platform allows Drivers and Shippers to set and accept a price solely at the discretion of the parties. When a trip is purchased, payment is due immediately.
KAARGO will facilitate all payments through a third party payment processing service, and will deposit funds into a bank account designated by Driver upon creation of Driver’s KAARGO account. KAARGO receives as an administrative fee (the “KAARGO Fee”) a percentage of each total payment that any Shipper makes to a Driver. In addition, KAARGO collects fees to List a Trip or a Shipment on the KAARGO Platform and collects the total fee for any insurance services purchased (collectively, all fees payable to KAARGO are referred to as “KAARGO Fees”). KAARGO, in its sole and absolute discretion, may change KAARGO Fees at any time.
In the event that a Shipper or Driver cancels or withdraws a trip request on the KAARGO Platform after the Shipment has been purchased, the Shipper agrees to pay a nonrefundable cancellation fee. At its sole discretion, KAARGO may adjust these payment terms.
KAARGO, at its sole discretion, may make promotional offers with different features and different rates to any of our users. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. KAARGO may change the fees for the KAARGO Platform, as we deem necessary for our business and encourage you to check this Agreement periodically.
You may not use another User’s account, nor may you allow anyone else to use your account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify KAARGO immediately of any breach of security or unauthorized use of your account. KAARGO will not be liable for any losses caused by any unauthorized use of your account.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of KAARGO Platform in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access KAARGO Platform in a manner that sends more request messages to the KAARGO servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser except that KAARGO grants the operators of public search engines revocable permission to use spiders to copy materials from the KAARGO website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running KAARGO Platform; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through KAARGO Platform; (vii) collecting or harvesting any personally identifiable information, including account names, from KAARGO Platform; (viii) using KAARGO Platform for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of KAARGO Platform; (xi) accessing any content on KAARGO Platform through any technology or means other than those provided or authorized by THE KAARGO Platform; attempting to decipher, decompile, disassemble or reverse engineer any of the software used to provide the KAARGO Platform or (xii) bypassing the measures we may use to prevent or restrict access to the KAARGO Platform, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of KAARGO Platform or the content therein or (xiii) encouraging or enabling any other individual to do any of the foregoing.
KAARGO may, without prior notice, change the KAARGO Platform; stop providing the KAARGO Platform or features of the KAARGO Platform, to you or to users generally; or create usage limits for the KAARGO Platform. We may permanently or temporarily terminate or suspend your access to the KAARGO Platform without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
Some areas of the KAARGO Platform allow users to post content such as pictures of you or your vehicle, profile information, ratings, review, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the KAARGO Platform, including requests, acceptances and declinations of trip requests, and suggested payments are “User Content”). You retain ownership of your User Content. You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. KAARGO reserves the right, but is not obligated, to reject and/or remove any User Content that KAARGO believes, in its sole discretion, violates these provisions.
KAARGO takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the KAARGO Platform. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that KAARGO shall not be liable for any damages you allege to incur as a result of User Content.
KAARGO has taken commercially reasonable steps to protect its users including requiring each Driver to represent and warrant that such Driver has valid automobile insurance at state minimum, a clean record (no felonies or outstanding warrants), a vehicle in good working order and a valid driver’s license (the “Driver Declaration”). This however, is not to be deemed a warranty or guarantee, either express or implied, for the safety of a Shipment, the reliability of a Driver, a ride or the Driver’s vehicle, or for anything else, and KAARGO expressly disclaims all warranties as to its Drivers and Shippers. You should take all reasonable steps in determining whether to accept a ride from driver or give a ride to a passenger.
YOU ACKNOWLEDGE AND AGREE THAT KAARGO DOES NOT CHECK ANY USER'S BACKGROUND OR RECORD. KAARGO IS A REPUTATION-BASED SYSTEM UTILIZING THE DRIVER DECLARATION, OTHER USER'S COMMENTS, RATINGS AND FEEDBACK AND THIRD-PARTY REFERRALS ON USERS. USE COMMON SENSE. BE AWARE AND BE SAFE. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN NO EVENT WILL KAARGO BE RESPONSIBLE FOR ANY DAMAGES (INCLUDING PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOST TIME OR WAGES, AND THE LIKE) RESULTING FROM OR RELATED TO A TRIP FACILITATED BY THE KAARGO PLATFORM, OR FOR RESOLVING ANY DISPUTES BETWEEN YOU AND ANOTHER USER. YOU HEREBY AGREE THAT YOUR USE OF THE KAARGO PLATFORM IS AT YOUR SOLE RISK.
Shipper understands that each Driver (not KAARGO or its affiliates) bears sole and absolute responsibility for all aspects of a Shipment, including safe passage of items being shipped, safety, driving practices, conduct, as well as securing all required licenses, personal insurance, and registrations, and compliance with all applicable federal, state and local laws, rules, and regulations. Shipper acknowledges that a Driver is not an employee or contractor of KAARGO, and that Driver bears sole responsibility for the condition of Driver’s vehicle. By accepting a Shipment with a Driver, Shipper agrees to comply with this Agreement. Shipper acknowledges that Driver is solely responsible for all aspects of a trip, including safe passage of their items, safety, punctuality, vehicle cleanliness, conduct, and price. Except as expressly provided otherwise herein, Shipper agrees to look to the Driver, and not to KAARGO, for any complaint, claim, or other issue that Shipper may have in connection with a Shipment; provided that Shipper reserves the right to intervene and attempt to facilitate resolution of any unresolved dispute. We require Shippers and Drivers to provide reviews and ratings of transacting parties on the KAARGO Platform.
Shipper acknowledges and agrees that the KAARGO Platform may be used solely for their shipping purposes (in accordance with applicable laws). USE OF KAARGO FOR ANY NON SHIPPING PURPOSE (AS DETERMINED BY KAARGO IN ITS SOLE AND ABSOLUTE JUDGMENT) UNLESS EXPRESSLY AUTHORIZED BY KAARGO IN WRITING SHALL RESULT IN IMMEDIATE TERMINATION OF USER’S ACCOUNT. Shipper expressly acknowledges that KAARGO is solely a shipping exchange, and not a common carrier, dispatch, limousine, taxicab, or travel service.
By using the KAARGO Platform, a Driver represents, warrants and agrees that:
In addition to all other representations and warranties made by users under this Agreement, users represent and warrant to KAARGO that it has provided KAARGO with accurate and complete identify information. Passenger agrees to conform his or her conduct to the policies set forth in KAARGO’S terms of service.
You agree to defend, indemnify and hold harmless KAARGO and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the KAARGO Platform, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; (vi) any other party’s access and use of the KAARGO Platform with your unique username, password or other appropriate security code; or (vii) any and all claims or damages (alleged or actual) that arise as a result of a Shipment that you provide as a Driver or a Shipper.
THE KAARGO PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE KAARGO PLATFORM IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE KAARGO PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KAARGO WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN, INCLUDING WITH RESPECT TO DRIVER, SHIPPER OR SHIPMENT SAFETY. WITHOUT LIMITING THE FOREGOING, KAARGO, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE KAARGO PLATFORM WILL MEET YOUR REQUIREMENTS; THAT THE KAARGO PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE KAARGO PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE KAARGO PLATFORM. THE KAARGO PLATFORM IS USED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE KAARGO PLATFORM.
KAARGO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SHIPMENT YOU REQUEST OR PROVIDE THROUGH THE KAARGO SERVICE, NOR DOES KAARGO WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PROPERTY DAMAGE, INCLUDING TO YOUR VEHICLE, PERSONAL INJURY, UP TO AND INCLUDING DEATH, THAT OCCURS AS A RESULT OF THE RIDE OR YOUR USE OF KAARGO PLATFORM.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KAARGO, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE KAARGO PLATFORM, INCLUDING WITHOUT LIMITATION ANY TRIPS FACILITATED BY THE KAARGO PLATFORM. UNDER NO CIRCUMSTANCES WILL KAARGO BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE KAARGO PLATFORM OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KAARGO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE (INCLUDING SHIPMENTS FACILITATED BY THE KAARGO PLATFORM); (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 KAARGO PLATFORM; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE KAARGO PLATFORM; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL KAARGO, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF KAARGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
KAARGO Platform is controlled and operated from its facilities in the United States. KAARGO makes no representations that the KAARGO Platform is appropriate or available for use in other locations. Those who access or use the KAARGO Platform from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the KAARGO Platform if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the KAARGO Platform are solely directed to individuals, companies, or other entities located in the United States.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KAARGO HEREBY EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR MONITORING OR RESOLVING DISPUTES THAT MAY ARISE BETWEEN USERS OF THE KAARGO PLATFORM. THE KAARGO PLATFORM (INCLUDING SHIPPERS AND DRIVERS) AS A RESULT OF THE USE OF THIS SERVICE, INCLUDING DISPUTES RELATING TO PROPERTY DAMAGE, OR PERSONAL INJURY, UP TO AND INCLUDING DEATH. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH DRIVERS, SHIPPERS OR OTHER KAARGO USERS. KAARGO IS A SHIPPING AND TRANSPORT MARKETPLACE, AND PROVIDES A FORUM TO INTRODUCE PEOPLE NEEDING TO SHIP SOMETHING WITH THOSE ALREADY EN ROUTE TO THE SAME OR SIMILAR LOCATION, AND IS NOT A BOOKING AGENT, TRAVEL AGENT, COMMON CARRIER, TAXICAB OR LIMOUSINE SERVICE, OR OTHER PROVIDER OF TRANSPORTATION SERVICES. KAARGO HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY DISPUTE THAT ARISES BETWEEN USERS OR ANY USER’S ACTION OR INACTION.
You agree that: (i) the KAARGO Platform shall be deemed solely based in New York; and (ii) the KAARGO Platform shall be deemed a passive one that does not give rise to personal jurisdiction over KAARGO, either specific or general, in jurisdictions other than New York. This Agreement shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts located in New York, New York for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
For any dispute with KAARGO, you agree to first contact us and attempt to resolve the dispute with us informally. In the unlikely event that KAARGO has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any KAARGO claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in New York, New York unless you and KAARGO agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights.
This Agreement, together with any amendments and any additional agreements you may enter into with KAARGO in connection with the KAARGO Platform, shall constitute the entire agreement between you and KAARGO concerning the KAARGO Platform. If a court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and KAARGO’S failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
The KAARGO Platform is currently or shortly will be made available to users as part of a beta program for trial and evaluation. Users acknowledges and agrees that such beta program: (i) may change or cease to be functional without notice at the sole discretion of KAARGO; and (ii) shall not create any obligation for the KAARGO Platform to continue to develop, support, repair, or in any other way continue to provide the KAARGO Platform. Users will be notified via e-mail upon the conclusion of the beta program. Upon the conclusion of the beta program, the term of the Agreement will continue, and this Paragraph will be deemed deleted.