Kargoe Terms of Use

Thank you for using Kargoe at Kargoe.com or the Kargoe mobile application (referred to together as “Kargoe”). Kargoe is provided by Kargoe Inc. (referred to in these Terms of Use as “we,” “us,” “our” and other similar pronouns). Please read these Terms of Use carefully before using Kargoe. By using Kargoe in any manner (whether automated or otherwise), you agree to be bound by these Terms of Use.

As a condition of your right to use Kargoe, you provide Kargoe the consents and approvals set forth in the Kargoe Privacy Policy. We may collect, use and share information from and about you through Kargoe as set forth in our Privacy Policy. You agree that our Privacy Policy may be updated from time to time in accordance with its own terms.

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.

We reserve the right to change these Terms of Use at any time. Such changes will be effective when posted, provided that we may only amend the alternative dispute, venue and time limit of claims provisions to the extent allowed by applicable law. Any changes made to the Terms of Use will only apply prospectively. By continuing to use Kargoe after we post any such changes, you accept the Terms of Use as modified.

NOTE: THIS TERMS OF USE CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE “BINDING INDIVIDUAL ARBITRATION” SECTION BELOW THAT AFFECTS YOUR RIGHTS UNDER THIS TERMS OF USE AND WITH RESPECT TO ANY “DISPUTE” (AS DEFINED BELOW) BETWEEN YOU AND US. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS FURTHER DESCRIBED IN THE “BINDING INDIVIDUAL ARBITRATION” SECTION BELOW.

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.

Unauthorized Use

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

We or our licensors or partners own the intellectual property rights in the content and materials displayed on or accessed through Kargoe, its API and the code underlying Kargoe. You may use Kargoe (including such content and materials) solely to make products and services available for purchase by other Kargoe users through Kargoe. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) Kargoe or any content or material from Kargoe, its API or its underlying code unless explicitly authorized in these Terms of Use or by the owner of the materials.

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.

You also understand and agree that any action or inaction by us or any of our representatives to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential Terms of Use violation is undertaken voluntarily and in good faith, and you expressly agree that neither we nor any of our representatives shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these Terms of Use.

Although our representatives may moderate content, conduct and Terms of Use compliance on Kargoe at our discretion, our representatives have no authority to make binding commitments, promises or representations to you or anyone else that they or anyone else on our behalf will "take care" of any alleged problem or complaint, or that they or anyone else on our behalf will otherwise stop, cure or prevent any problem, content, conduct or purported Terms of Use violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any of our representatives (or by anyone else acting on our behalf or by anyone purportedly acting on our behalf) that we (including but not limited to any of our representatives, anyone else acting on our behalf, or anyone purportedly acting on our behalf) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported Terms of Use violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that we, our representatives and anyone else authorized to act on our behalf shall in no circumstance be liable as a result of any representation that we, our representative or anyone else on our behalf would or would not restrict or redress any content, conduct or potential or purported Terms of Use violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by our Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.

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.

Electronic Communications

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.

If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on Kargoe in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice to info@kargoe.com. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on Kargoe; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Use or on Kargoe. We have a policy of terminating Kargoe usage privileges of users who are repeat infringers of intellectual property rights.

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 have the right to deny access to, and to suspend or terminate your access to, Kargoe, or to any features or portions of Kargoe, and to remove and discard any content or materials you have submitted to Kargoe, at any time and for any reason, including for any violation by you of these Terms of Use. In addition, we have a policy of terminating Kargoe usage privileges of users who are repeat infringers of intellectual property rights. In the event that we suspend or terminate your access to and/or use of Kargoe, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.

Linking Policies

Kargoe may contain links to other websites, online properties or to third party sellers of products and services. Such links are provided for your convenience only, and you access them at your own risk. We are not responsible for, and do not endorse, the content of any such sites, properties or the products and services sold on them, nor do we take responsibility for the accuracy of any such sites or properties. When you visit a linked site or property you should read the terms of use and privacy policy that govern that particular linked site or property.

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.

Indemnification

You agree to indemnify, defend and hold us and our directors, officers, employees and agents, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys' fees, arising from your use of Kargoe, your posts or submissions to Kargoe, your transactions on Kargoe, your communications or relationships with other users, or any violation of these Terms of Use, or applicable law, by you or by someone accessing Kargoe via your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms of Use and the termination of your use of Kargoe.

Jurisdictional Issues

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

These Terms of Use, and the relationship between you and us, will be governed by the laws of the United States and the State of New York, without giving effect to any principles of conflicts of law. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.

If any provision of these Terms of Use is found by a court of competent jurisdiction to be unlawful, void, invalid, or for any reason unenforceable, you and we nevertheless agree that the court or arbiter should endeavor to give effect to intentions as reflected in the provision, which shall be severable from the remaining Terms of Use and will not affect the validity and enforceability of the remaining Terms of Use, and the other provisions of these Terms of Use will remain in full force and effect.

These Terms of Use constitute the entire agreement between us and you with respect to Kargoe. This agreement is personal to you and you may not assign it to anyone.

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.

Continuation. This Section shall survive any termination of this Terms of Use or the provision of the associated services to you.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF KARGOE, OR THESE TERMS OF USE, MUST BE FILED BY YOU WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED OR BE PERMANENTLY BARRED.

Governing Jurisdiction

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

IF YOU ARE DISSATISFIED WITH KARGOE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON OR THROUGH KARGOE, OR WITH ANY OF KARGOE'S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING KARGOE.

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.

If you have any questions or comments regarding Kargoe or these Terms of Use, you may contact us at:

Kargoe

1375 Broadway, 6th floor New York NY 10018

U.S.A.

Email: support@kargoe.com

Phone: 212-242-2223

Last Updated: [1/22/19]