Certain products or services that you purchase using Kargoe may be subject to additional terms and conditions presented to you at the time that you purchase them.
Kargoe is intended solely for users who are eighteen (18) years of age or older.
Sales and Purchases
As a Kargoe user, you may promote the sale of your own products or services or those of another by posting content that promotes such products or services. You may also purchase products or services promoted on Kargoe by other users.
When you post a promotion for a product or service that is available from a third party merchant that has included its products or services inventory in Kargoe’s system, and another Kargoe user purchases that product or service through your post on Kargoe, you will receive twenty percent (20%) of the sale price (not including cost of shipping and less any applicable transaction fees). Commissions are sent directly to the PayPal account on file in your account settings.
When you promote another’s product or service for purchase and will receive payment, free product, discounts, or any other benefit in exchange for doing so, your promotion must disclose that it is a “Paid Endorsement.”
When you sell your own products or services on Kargoe, you are responsible and accountable for delivering on your commitments. If a buyer claims that he or she did not receive the product or service as promised, Kargoe will arrange for the buyer to receive a refund of the purchase price ,not including shipping or delivery fees.
Kargoe is neither a seller nor a buyer. Rather, Kargoe is merely hosting a marketplace where sellers and other users can promote the sale of products and services and users can purchase them. Therefore, Kargoe has no responsibility for any buyers’, sellers’, other users’ or third party’s actions or omissions, or for the accuracy or completeness of descriptions of products or services on Kargoe or for their inventory or lack of inventory or availability. If you purchase a product or service on Kargoe and do not receive what you were promised, [report it to Kargoe] and Kargoe will arrange for you to receive a refund of the purchase price[, not including shipping or delivery fees,] from the seller of the product or service whether that is the user whose promotion you bought it from or a third party merchant.
After purchasing a product or service on Kargoe, you must rate the Kargoe user whose promotion you made the purchase from using Kargoe’s user ratings feature. You will not be able to make another purchase on Kargoe until you have done so, or until after the sale has consummated in the Kargoe system.
After selling a product or service of your own on Kargoe, if the product or service is delivered via Meet Up or UberRUSH (TM), or in person, you must rate the Kargoe user who made the purchase from you using Kargoe’s user ratings feature. You will not be able to sell another product or service [of your own] on Kargoe until you have done so, or until after the sale has consummated in the Kargoe system.
There are a few rules of conduct that you are required to follow when you use Kargoe:
· Do not "harvest" (or collect) information from Kargoe or its API using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about other users of Kargoe and information about the offerings, products, services and promotions available on Kargoe. You must conform to Kargoe’s robots.txt instructions located at kargoe.com/robots.txt.
· Do not use automated means to access Kargoe, or gain unauthorized access to Kargoe or to any account or computer system connected to Kargoe. This prohibition does not apply to search engines accessing Kargoe solely for web indexing purposes.
· Do not "stream catch" (download, store or transmit copies of streamed content).
· Do not obtain, or attempt to obtain, access to areas of Kargoe or our systems that are not intended for access by you.
· Do not "flood" Kargoe with requests or otherwise overburden, disrupt or harm Kargoe or its systems.
· Do not circumvent or reverse engineer Kargoe or its systems.
· Do not restrict or inhibit another user or users from using and enjoying Kargoe.
· If you post something to Kargoe, do not post anything that:
o infringes any third party intellectual property right (such as copyrights, trademarks or patents) or encourages or induces others to do so,
o impersonates another person,
o is defamatory (i.e., something that is negative and untrue about another person or entity),
o divulges another person's or entity's confidential or private information or trade secret,
o is fraudulent, deceptive, unlawful, threatening, harassing, abusive, violent, bullying, insensitive toward a tragic event, hate speech, obscene, sexually explicit, erotic, or discriminatory,
o encourages criminal conduct,
o involves or is related to gambling,
o advertises or solicits business for products or services other than those that are offered and promoted on Kargoe, or
o contains or disseminates any virus, malware, spyware, adware or other harmful content or code.
You also must comply with all applicable laws and contractual obligations when you use Kargoe.
Ownership of Kargoe Content and Submissions
If you submit or post any materials or content to Kargoe, you grant us a royalty free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use such materials and content, including alterations thereof, for our business purposes, in any form, in any media, and via any technology we choose, whether it exists now or is created in the future. You represent and warrant that any materials and content posted or otherwise submitted by you to Kargoe is original to you and that you have the right to grant us these rights.
Please do not send us your ideas for our business. We are always thinking and creating, and we may have similar ideas of our own. To avoid any disputes between us relating to ideas that you have submitted to us you agree that, if you send us your ideas, you are giving us the right to use them, and you waive and release us from claims that we have used your ideas without your permission or that we owe you any compensation in exchange for your ideas.
Responsibility for Public Postings and Content
Responsibility for what is posted in public areas of Kargoe lies with each user - you alone are responsible for the material you post or otherwise make available in public areas of Kargoe. You alone are responsible for assessing the credibility of other user postings. We do not control the material that you or others may post or otherwise make available, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right do so. We are not a publisher of user posts, and we are not responsible for their accuracy or legality.
Kargoe Registration and Log In
To access certain features or areas of Kargoe, you may be required to provide personal information as part of a Kargoe registration or log-in process.
You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.
You are responsible for all activity occurring when Kargoe is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.
The communications between you and us use electronic means, whether you visit Kargoe or send us an email, or whether we post notices on Kargoe or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
Copyright Infringement Notices
Changes to Kargoe
We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), Kargoe or any portion of Kargoe. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.
Suspension or Termination of Access
We welcome links to the Kargoe website so long as: (i) Kargoe opens in a new browser window which displays the full version of a page of Kargoe (e.g., not merely one of its frames, and not an "in-line" link to a particular image or object on Kargoe), (ii) the link to Kargoe does not state or imply any sponsorship of your website or service by us or by Kargoe; and (ii) Kargoe is not display framed within or obfuscated by other content. You may not use on your site any trademarks, service marks or copyrighted materials appearing on Kargoe, including but not limited to any logos, without our express written consent. We reserve the right to revoke your right to link to Kargoe upon notice. If you receive such a notice from us, you agree to discontinue your link to Kargoe.
We control and operate Kargoe from our facilities in the United States of America, and unless otherwise specified, the materials displayed on Kargoe are presented solely for the purpose of promoting products and services available in the United States, its territories, possessions, and protectorates. We do not represent that materials on Kargoe are appropriate or available for use in other locations. If you choose to access Kargoe from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
Applicable Law; No Waiver; Severability
Binding Individual Arbitration
Purpose. The term “Dispute” means any dispute, claim, or controversy between you and us regarding Kargoe or any content, material, product or service thereon, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Section (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced. If you have a Dispute with us or any of our officers, directors, employees or agents that cannot be resolved through negotiation within the time frame described in the “Notice of Dispute” clause below, other than those matters listed in the Exclusions from Arbitration clause, you and the entity that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section, and not litigate any Dispute in court. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
Exclusions from Arbitration. YOU AND WE AGREE THAT ANY CLAIM FILED BY YOU OR BY US IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION.
RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION OR CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO  AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR ACCOUNT NUMBER, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION AND/OR THAT YOU DO NOT AGREE TO THE CLASS ACTION WAIVER.
Notice of Dispute. IF YOU HAVE A DISPUTE WITH US, YOU MUST SEND WRITTEN NOTICE TO [Kargoe INC, 1212 Avenue of the Americas 9th Floor, New York, NY 10036] TO GIVE US THE OPPORTUNITY TO RESOLVE THE DISPUTE.
INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If we do not resolve your Dispute within 60 days from receipt of notice of the Dispute, you or we may pursue your claim in arbitration pursuant to the terms in this Section.
Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH YOU AND WE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.
Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or we elect to resolve our Dispute through arbitration, the party initiating the arbitration proceeding shall initiate it with either the American Arbitration Association (“AAA”), www.adr.org, or JAMS www.jamsadr.com. The terms of this Section govern in the event they conflict with the rules of the arbitration organization selected by the parties.
Arbitration Procedures. Because the software and/or service provided to you by us concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”) shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA’s Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with us as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to us or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration. You or we may initiate arbitration in either New York County, New York or the county in which you reside. In the event that you select the county of your residence, we may transfer the arbitration to New York County, New York in the event that we agree to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.
Severability. If any clause within this Section is found to be illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect.
ANY DISPUTE NOT SUBJECT TO ARBITRATION AND NOT INITIATED IN SMALL CLAIMS COURT WILL BE LITIGATED BY THE PARTIES IN A COURT OF COMPETENT JURISDICTION ONLY IN the United States District Court for the Southern District of New York or, if such court would not have jurisdiction over the matter, then only in a New York State court sitting in the Borough of Manhattan, City of New York. Each Party submits to the exclusive jurisdiction of these courts and agrees not to commence any legal action under or in connection with A DISPUTE in any other court or forum. Each Party waives any objection to the laying of the venue of any legal action brought under or in connection with A DISPUTE in the Federal or state courts sitting in the Borough of Manhattan, City of New York, and agrees not to plead or claim in such courts that any such action has been brought in an inconvenient forum.
Disclaimer of Warranties
WE PROVIDE KARGOE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT). THIS MEANS THAT WE MAKE NO PROMISES THAT:
· KARGOE WILL BE AVAILABLE AT ANY PARTICULAR TIME,
· KARGOE WILL MEET ANY PARTICULAR REQUIREMENTS OR PROVIDE ANY PARTICULAR RESULTS,
· THE INFORMATION ON KARGOE WILL BE ACCURATE OR UP-TO-DATE,
· KARGOE OR THE INFORMATION TRANSMITTED TO OR FROM IT OR TO OR FROM KARGOE’S VENDORS, OR STORED ON KARGOE OR ON ITS BACK-END SYSTEMS OF THOSE OF ITS VENDORS WILL BE SECURE FROM UNAUTHORIZED ACCESS,
· INFORMATION AND MATERIALS THAT YOU STORE IN YOUR ACCOUNT ON KARGOE WILL REMAIN RETRIEVABLE AND UNCORRUPTED, OR
· KARGOE WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL BE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.
WE LIKEWISE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA KARGOE. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA KARGOE ARE PROVIDED "AS IS", EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A SEPARATE AGREEMENT ENTERED INTO BETWEEN YOU AND A THIRD PARTY.
IF YOU PURCHASE A PRODUCT OR SERVICE FROM ANOTHER KARGOE USER OR FROM A THIRD PARTY AFTER FOLLOWING AN AD OR LINK ON KARGOE, THE TERMS OF SALE FOR YOUR PURCHASE ARE BETWEEN YOU AND THE OTHER USER OR THIRD PARTY FROM WHOM YOU MADE THE PURCHASE. WE ARE NOT RESPONSIBLE FOR SUCH PRODUCTS OR SERVICES OR FOR DISPUTES BETWEEN YOU AND THEIR SELLERS.
YOU AGREE THAT USE OF KARGOE IS AT YOUR OWN RISK. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON KARGOE IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION (INCLUDING PRICING AND INVENTORY) AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON KARGOE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON KARGOE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH KARGOE SHALL CREATE ANY WARRANTY. WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, SUPPORT DOCUMENTATION, BY OUR CUSTOMER SERVICE AND SUPPORT AGENTS, AND OTHERWISE ON KARGOE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. WE ARE NOT RESPONSIBLE FOR ANY CONTENT OR MATERIALS POSTED TO KARGOE BY USERS, NOR FOR DISPUTES BETWEEN USERS, OR BETWEEN USERS AND THIRD PARTIES.
THESE DISCLAIMERS APPLY TO US AS WELL AS THIRD PARTIES THAT ARE INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF KARGOE OR ANY OF THE PRODUCTS OR SERVICES PROMOTED OR SOLD USING KARGOE, AND ANY OF THEIR EMPLOYEES AND AGENTS.
Limitations of Liability
IN NO EVENT WILL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT, PRODUCT OR SERVICE PROVIDERS, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, KARGOE (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED AS PART OF KARGOE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT, PRODUCT OR SERVICE PROVIDERS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
1212 Avenue of the Americas 9th Floor, New York, NY 10036
Last Updated: [1/26/16]