Agogo Cargo Terms and Conditions Agreement
Welcome to Agogo Cargo! This Terms and Conditions Agreement (“Agreement”) is a legally binding contract between you (“you” or “your”) and Agogo Cargo Inc. (“Agogo Cargo,” “we,” “us,” or “our”). This Agreement governs your access to and use of the Agogo Cargo platform, including websites, mobile applications, and related services (“Agogo Cargo Platform”). We reserve the right to update this Terms and Conditions Agreement at any time without prior notice. The most recent version will be posted on our website, and changes will take effect upon posting. It is your responsibility to review this policy periodically for any updates.
Effective Date: August 30th, 2024
- Introduction and Agreement & Definitions
By accessing or using the Agogo Cargo Platform, you agree to this Agreement and our Privacy Policy. Continued use of the Platform constitutes acceptance of updated terms. If you do not agree to these terms, you must stop using the Platform immediately.
“Agreement” means this Terms and Conditions Agreement, including any amendments or modifications.
“Agogo Cargo,” “we,” “us,” or “our” refers to Agogo Cargo Inc., the provider of the Agogo Cargo Platform and related services.
“Agogo Cargo Platform”, “Platform” means the websites, mobile applications, and related services provided by Agogo Cargo.
“User,” “you,” or “your” means any individual or entity accessing or using the Agogo Cargo Platform.
“Content” refers to any information, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials that can be posted, uploaded, linked to, or otherwise made available on the Agogo Cargo Platform.
“Customer Content” means any Content provided by a User in connection with their use of the Agogo Cargo Platform.
“Intellectual Property Rights” or “IP Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
“Authorized Users” refers to individuals or entities granted access to use the Agogo Cargo Platform by a primary account holder.
“SaaS Subscriber Customers” means customers of Users who are software-as-a-service (SaaS) providers and who may access the Agogo Cargo Platform through the User’s account.
“DMCA” refers to the Digital Millennium Copyright Act, a United States copyright law addressing copyright issues on the Internet.
“Privacy Policy” means the Agogo Cargo privacy policy, which governs the collection, use, and disclosure of personal information in connection with the Agogo Cargo Platform.
“Claim” means any dispute or claim arising out of or relating to this Agreement or the use of Agogo Cargo services.
“AAA” refers to the American Arbitration Association, the organization that will administer arbitration proceedings if required under this Agreement.
- Reliance on Information & Changes to Website
- Information Disclaimer
The content on the Agogo Cargo Platform is for informational purposes only. While we strive for accuracy, we do not guarantee its reliability, completeness, or timeliness. You assume full responsibility for any reliance on the information, and we disclaim all liability for any loss or damage arising from reliance on such content.
- Third-Party Content (When It Applies)
Agogo Cargo is NOT RESPONSIBLE for third-party content Including but not limited to user contributions, opinions, or materials. These reflect the views of their authors, not Agogo Cargo.
- Website Modifications
Agogo Cargo reserves the right to modify, update, or remove any content on this Website at any time, without prior notice; however, We are under no obligation to update or clarify any content, including without limitation, correcting any inaccuracies, unless required by law.
While we strive for accuracy, the information and materials on the Website may contain errors, omissions, or inaccuracies, and we do not warrant or guarantee their completeness, reliability, or timeliness.
You acknowledge and consent that it is your responsibility to monitor the Website for any changes. The absence of a specified update date should not be interpreted as an indication that the information is current, complete, or free from errors.
- Information Disclaimer
- Copyright Infringement and DMCA Policy
Agogo Cargo respects intellectual property rights and requires users to do the same. If you believe content on the Agogo Cargo Platform violates your copyright, you may notify us under the Digital Millennium Copyright Act (DMCA). We will take appropriate action, including removing infringing material. Repeat infringers may have their access terminated.
- Limitation of Liability and Disclaimers
- Disclaimer
The materials and services provided on the Agogo Cargo website are offered “as is” without any warranties, whether express or implied. Agogo Cargo disclaims all other warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Agogo Cargo does not guarantee the accuracy, reliability, or completeness of any tangible or intangible materials on its website or any linked sites. You acknowledge and agree that your use of any Agogo Cargo platform materials and services is at your own risk and that you are fully responsible for verifying any information before relying on it.
To the fullest extent permitted by law, Agogo Cargo shall not be liable for any indirect, incidental, or consequential damages arising from your use of the website or services. This disclaimer shall be governed by the laws of California, and any disputes will be resolved in accordance with those laws. See more information in section 10.
- Limitation of Liability
To the fullest extent permitted by law, Agogo Cargo, along with its affiliates, licensors, service providers, employees, agents, officers, or directors, shall not be liable for any indirect, incidental, special, consequential, or punitive damages. This includes, but is not limited to, loss of profits, data, goodwill, or business interruption, arising out of or in connection with your use or inability to use our website, services, or any linked sites.
This limitation applies to damages caused by any errors, omissions, or inaccuracies in the content, regardless of the legal theory, whether in contract, tort (including negligence), or otherwise, even if Agogo Cargo has been advised of the possibility of such damages.
In any case, Agogo Cargo’ total liability for all claims arising out of or related to your use of the website or services shall not exceed the amount you paid, if any, to Agogo Cargo for such use within the twelve months preceding the event giving rise to the liability. By using our website and services, you acknowledge and accept these limitations.
- Disclaimer
- Indemnification
You agree to indemnify, defend, and hold Agogo Cargo harmless, including its affiliates, officers, directors, employees, agents, and representatives, from any and all claims, including but not limit to costs and attorneys’ fees (including expert fees), from any claim or demand made including but not limit to demands, disputes, liabilities, damages, losses, costs, and expenses (including but not limited to reasonable legal and accounting fees) that arise out of or are connected with:
● Your Use: Your access to or use of the Agogo Cargo Platform and Services.
● Third-Party Use (When It Applies): The access to or use of the Agogo Cargo Platform and Services by any of your Authorized Users, or SaaS Subscriber Customers, where applicable.
● Content: Any Customer Content you provide, including infringement of third-party intellectual property rights.
● Breach of Agreement: Any breach or alleged breach of this Agreement or violation of any applicable law or regulation.
Agogo Cargo reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification. In such cases, you agree to cooperate fully with Agogo Cargo in asserting any available defenses.
Injunction: You acknowledge that any actual or threatened breach of this Agreement, particularly concerning Agogo Cargo’ intellectual property rights, may cause irreparable harm for which monetary damages may not be sufficient. Therefore, in addition to other available remedies, Agogo Cargo reserves the right to seek injunctive or equitable relief as deemed necessary.
- Intellectual Property
- Ownership
All intellectual property rights (“IP Rights”) related to the Agogo Cargo Platform are the exclusive property of Agogo Cargo and its licensors. This includes, but is not limited to:
- Patents
- Copyrights
- Trademarks
- Trade Secrets
- Post and Design Rights
The IP Rights encompass all materials associated with the platform, including but not limited to:
- Text
- Graphics
- User Interfaces
- Visual Interfaces
- Photographs
- Sounds
- Artwork
- Computer Code (including HTML)
- Software
- Products
- Information
- Documentation
Additionally, the design, structure, selection, coordination, expression, “look and feel,” and arrangement of all content on the Agogo Cargo Platform are also protected.
The use of Agogo Cargo trademarks, service marks, and trade names is strictly prohibited without prior written consent.
- Enforcement and Legal Remedies
Agogo Cargo retains the full right to enforce these intellectual property rights. Should any infringement of our IP Rights occur, Agogo Cargo will pursue legal action to the fullest extent of the law.
By accessing and using Agogo Cargo’ services and platform, you acknowledge and agree to these terms and consent to our right to protect and enforce our intellectual property against any and all infringers.
- Third-Party Trademarks (When It Applies)
Any third-party trademarks displayed on the Agogo Cargo Platform remain the property of their respective owners, and their use is subject to the rights of those owners.
- Reservation of Rights
Agogo Cargo reserves all rights not expressly granted under these terms. Unauthorized use of the Agogo Cargo Platform or related intellectual property rights will result in immediate termination of access and may subject the violator to full legal action.
- Ownership
- Confidentiality
Any proprietary or confidential information disclosed by Agogo Cargo or by you is to be kept strictly confidential and used only for purposes authorized under this Agreement.
For more information regarding confidentiality please refer to section 5 in Privacy Policy.
- Data Protection and Privacy
Please review the updated terms before proceeding. By continuing to use this website, you automatically consent to our updated Terms and Conditions. It is your responsibility to review any updates. If you use our services after the effective date, you acknowledge and accept the revised terms.
For any questions or concerns, please see contact information in section 12. For more information regarding data collection, usage, security, and protection please refer to Privacy Policy.
If you do not agree to these terms, you must discontinue use of the Agogo Cargo Platform immediately.
- Amendments to Terms
- Right to Amend
Agogo Cargo reserves the right , at its sole discretion, to modify, amend, or remove any portion of these Terms and Conditions at any time. Changes take effect upon posting. Continued use of the Platform constitutes acceptance of any updates.
- Material Changes
In the event of material changes to these Terms and Conditions, Agogo Cargo will provide notice by posting the revised terms on its website and/or by sending an email notification to registered users. The notice will include the effective date of the amendments. If you do not agree with the amended terms, you may discontinue use of the services.
- Right to Amend
- Dispute Resolution and Governing Law
These Terms and Conditions shall be governed by and construed in compliance with the laws of the state of California, without regard to conflict of law principles. In the event of any dispute or claim arising out of or relating to this Agreement or the use of Agogo Cargo services (“Claim”), both parties agree to first attempt to resolve the issue through good-faith informal dialogue. If the dispute remains unresolved after sixty (60) days, it will be subject to either binding arbitration or small claims court, as determined by the nature of the Claim.
● Arbitration: Any Claim that cannot be resolved informally and does not qualify for small claims court shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration will be conducted before a single arbitrator who is either a retired judge or an attorney licensed to practice law in California or your state of residence. The arbitrator’s decision shall be final and binding, with limited grounds for appeal.
● Small Claims Court: Claims that meet the requirements for small claims court can be brought in the Superior Court of California, County of Orange, located closest to Irvine, California. This court will have exclusive jurisdiction over small claims disputes.
● Class Action Waiver: Both parties agree to resolve disputes on an individual basis and waive the right to participate in any form of a class action. Arbitration or small claims court proceedings will not be joined with any other party’s claims.
● Injunction: Notwithstanding the above, either party may seek injunctive or equitable relief from a court of competent jurisdiction, including the Superior Court of California, County of Orange, to prevent actual or threatened breaches of this Agreement.
● Costs and Fees: Each party is responsible for their legal fees and costs, except where the arbitrator determines that the claim was frivolous or brought for an improper purpose, in which case the responsible party shall bear all arbitration costs.
By agreeing to these terms, you and Agogo Cargo acknowledge that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision, and that both parties are waiving their right to a jury trial or to participate in a class action.
- Miscellaneous
- No Discrimination
Agogo Cargo provides services without discrimination and does not guarantee the accuracy of third-party content or materials.
- Entire Agreement
This Agreement, together with Agogo Cargo’ Privacy Policy (available at [Privacy Policy]), constitutes the entire agreement between you and Agogo Cargo regarding the use of the Agogo Cargo Platform and supersedes all prior communications, whether electronic, oral, or written.
- Assignment
You may not assign or transfer any rights or obligations under this Agreement without prior written consent from Agogo Cargo.
- No Partnership
Nothing in this Agreement creates a joint venture, partnership, employment, or agency relationship between you and Agogo Cargo.
- Headings
Headings are provided for convenience and do not affect the interpretation of this Agreement.
- Assignment
You may not assign, delegate, or transfer any rights or obligations under this Agreement without Agogo Cargo’ prior written consent, which may be withheld at Agogo Cargo’ sole discretion.
- Waiver
The failure of Agogo Cargo to enforce any provision of this Agreement does not constitute a waiver of that provision. Any waiver of any provision of this Agreement must be made in writing and signed by an authorized representative of Agogo Cargo.
- No Discrimination
- Opt Out & Contact Information
For any questions or concerns regarding this Terms and Conditions, please contact our customer support team at:<.p>
[24328 S Vermont Ave., Ste. 230, Harbor City, California 90710]
[info@agogocargo.com]