CARGADO END USER LICENSE AGREEMENT
(“EULA”) AND TERMS OF USE

Last Updated: February 2, 2024

This End User License Agreement and Terms of Use (“EULA”) is a binding legal agreement with Cargado, Inc. (“Cargado”, “we” or “us”) governing the use of our website and proprietary, web-based application located at cargado.com, including all of its subdomains and components (the “App”).  

For purposes of this EULA, “you” and “your” means you as the user of the App.  If you are entering into this EULA on behalf of an entity (such as a company, firm, partnership, or any other organization type), you are agreeing to bind that entity to this EULA, and you represent that you have the authority to bind that entity to this EULA, and references to “you” will also mean that entity.  That entity will be legally and financially responsible for the use of the App by anyone affiliated with that entity, including employees, agents, and contractors.  

By using the App, you accept all of the provisions of this EULA and represent to us that you are at least 18 years of age and legally competent to enter into and agree to this EULA. The App is not designed or intended to appeal to minors, and we do not knowingly collect information from children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at legal@cargado.com so we can promptly delete that information.   If you do not agree to this EULA, you may not use the App. Please review this EULA carefully before installing the App on your device and/or using the App.

This EULA describes your rights, obligations and responsibilities, our liability, and the liability of third parties related to the App. All users of the App must accept and comply with the terms and conditions set forth in this EULA. If you have any questions regarding this EULA, please contact us via email at legal@cargado.com.

THIS EULA INCLUDES (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE APP. BY USING ANY OF THE APP, YOU AGREE TO THESE PROVISIONS.

  1. CHANGES TO THIS EULA.  

We reserve the right to modify this EULA at any time in our sole discretion by posting an updated version of this EULA, including such alteration and/or modification along with a notice of the effective date of such modified EULA. Any continued use by you of the App after the posting of such modified EULA shall be deemed to indicate your agreement to such modified EULA and the modified EULA will govern all past and future use of the App. Accordingly, if at any time you do not agree to be subject to any modified EULA, you may no longer use the App.

  1. END USER LICENSE

  1. Subject to your compliance with this EULA, and solely for so long as you are permitted by us to use the App, we grant to you a limited, non-transferable, non-exclusive, non-assignable, revocable license (without right of sublicense) to install and use the App on your device solely for your own internal business use. Other commercial uses of the App outside of your own internal business purposes (including, but not limited to, sharing, redistributing or reselling access to the App) is not permitted and are grounds for immediate termination of this EULA, in addition to other remedies that may be available to us. The App is licensed, not sold, to you.

  2. You have no ownership rights in, or related to, the App. As between you and us, we retain all right, title, and interest in and to the App (including any changes, modifications, or corrections thereto).

  3. Some of the data, advice, information and materials available on the App are not provided by us. We are not in any way responsible for such third-party data, advice, information, or materials.  You must use your independent judgment to assess the accuracy, reliability, and appropriateness for any purpose of such data, advice, information, or materials.

  4. We may modify the features and functionality of the App from time-to-time at our sole discretion.

  1. User Account

  1. To access and use any features of the App, you are required to open an account (your “User Account”) by registering with us. When you register for your User Account you must provide true, accurate, current and complete information, and you agree to update the account information in order to ensure that it is current.

  1. As a condition of being permitted to open a User Account, you represent that you (i) have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside, (ii) are not on a list of persons barred you from receiving services under U.S. laws (including, without limitation, the Denied Persons List and the Entity List issued by the U.S. Department of Commerce, Bureau of Industry and Security) or other applicable jurisdiction and (iii) are not a resident of Cuba, Iran, North Korea, Sudan or Syria.

You are responsible for maintaining the confidentiality of your passwords and for all of your activities and those of any third party that occur through your User Account, whether or not authorized by you. You agree to immediately notify us of any suspected or actual unauthorized use of your User Account. You agree that we will not under any circumstances be liable for any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your passwords.

  1. TERMS APPLICABLE TO THE APP

  1. Access to the App. Upon registration and opening of a User Account, we will make the App available to you in accordance with the terms of this EULA, solely for your own internal business purposes, until such time as either you or we elect to terminate such right in accordance with this EULA.

  2. Use of the App. You are responsible for providing the device, service plan, software, Internet connections and/or other equipment or services that you need to download, install and/or use the App. WE DO NOT GUARANTEE THAT THE APP CAN BE ACCESSED AND USED ON ANY PARTICULAR DEVICE OR WITH ANY PARTICULAR EHR SOFTWARE SYSTEM. WE DO NOT GUARANTEE THAT THE APP WILL BE AVAILABLE IN ANY PARTICULAR GEOGRAPHIC LOCATION. YOU ARE SOLELY RESPONSIBLE FOR ANY FEE, COST, OR EXPENSE THAT YOU INCUR TO DOWNLOAD, INSTALL AND/OR USE THE APP ON YOUR DEVICE.

  3. Use Restrictions.

  1. You agree that: (i) you will not use the App if you are not fully able and legally competent to agree to this EULA; (ii) you will only use the App for lawful purposes; (iii) you will not use the App for sending or storing any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct; (iv) you will not use the App to advertise, solicit or transmit commercial advertisements, including “spam”; (v) you will not use the App to cause nuisance, annoyance or inconvenience; (vi) you will not impair the proper operation of the App; (vii) you will not try to harm the App in any way whatsoever; (viii) you will not copy, or distribute the App or other content without written permission from us; (ix) you will only use the App for your internal operations and will not resell it to a third party or otherwise use it for any commercial purpose that is not expressly authorized by this agreement; and (x) you will keep secure and confidential your account password or any identification we provide you which allows access to the App. 

  2. You agree to protect the App, and their proprietary content, information and other materials, from any unauthorized access or use, and you agree that you will not use the App or any such proprietary content, information, or other materials except as authorized in writing by us. You agree that you will not directly or indirectly: (i) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the App in any unauthorized manner, including but not limited to by trespass or burdening network capacity; (ii) use the App in any service bureau arrangement; (iii) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the App, in whole or in part, in any form or manner or by any means; (iv) harvest or scrape any content or data from the App, or (v) permit any third party to engage in any of the acts described in clauses (i) through (iv).

  3. You further understand and agree that you are not permitted to: (i) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the App; (ii) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any part of the App in whole or in part; (iii) use any means to discover the source code of any portion of the App; or (iv) otherwise circumvent any functionality that controls access to or otherwise protects the App. Any attempt to do any of the foregoing is a violation of our and our licensors’ rights. If you breach these restrictions, you may be subject to prosecution and damages. You further agree not to use the App in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that we are not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the App.

  4. You acknowledge that people using the App may occasionally post content or material, or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, illegal or deceptive. We neither endorse nor are responsible for such submissions or statements, or for any opinion, advice, information or other utterance made or displayed on the App by any third person, including other users of the App. While we undertake commercially reasonable efforts to review and police information submitted to the App by users, we have no obligation to monitor the App or any submissions or other materials that you or other third persons or parties transmit or post on the App. You acknowledge that we have the right (but not the obligation) to do any or all of the following, at our sole discretion: (i) alter, remove or refuse to post or allow to be posted or stored any user-submitted content, material or message; (ii) monitor and/or filter any of your communications through the App (including without limitation, by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); and (iii) disclose any submission or message or any communication through the App, and the circumstances surrounding its transmission, to any third party in order to operate the App to (A) protect us and our employees, officers, directors, shareholders, agents, representatives, affiliates, users and visitors; (B) comply with legal obligations or governmental requests; (C) to enforce this EULA; or (D) for any other reason or purpose.

  5. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the App infringe your copyright, you (or your agent) may send us a written notice by mail or by e-mail requesting that we remove such material or block access to it. If you believe in good faith that someone has wrongly submitted a notice of copyright infringement to us involving content that you made available through the App, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.

  6. We reserve the right to change, suspend, remove, or disable access to the App at any time without notice. In no event will we be liable for the removal of or disabling of access to any such App. We may also impose limits on the use of or access to the App, in any case and without notice or liability.

  7. You agree to protect our Confidential Information from unauthorized use, access or disclose in the same manner as you would use to protect your own Confidential Information, but no with no less than a reasonable degree of care.  Except as otherwise expressly permitted pursuant to this EULA, we may use your Confidential Information solely to exercise our respective rights and perform our respective obligations under this EULA and shall disclose such Confidential Information (a) solely to the employees and/or non-employee service providers and contractors who have a need to know such Confidential Information and who are bound by terms of confidentiality intended to prevent the misuse of such Confidential Information; (b) as necessary to comply with an order or subpoena of any administrative agency or court of competent jurisdiction; or (c) as reasonably necessary to comply with any applicable law or regulation. The provisions of this Section will control over any non-disclosure agreement by and between the you and us and any such non-disclosure agreement will have no further force or effect with respect to the exchange of Confidential Information after the execution of this EULA. To be clear, any exchange of Confidential Information prior to the execution of this EULA will continue to be governed by any such non-disclosure agreement.

“Confidential Information” means all information disclosed by us to you which is in tangible form and designated as confidential or is information, regardless of form, which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure.

  1. User Submissions; License Grant. As a condition of your use of the App, you agree to grant to us a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicenseable license to access, use, reproduce, transmit, display, publish, distribute, modify and adapt and create derivative work from any data, information, or content that you upload, submit, transmit or make available through the App (“User Submissions”) that allows us to use and exploit the User Submissions for any purpose. By submitting User Submissions through the App, you represent and warrant (i) that you own or otherwise control all of the rights to User Submissions, including without limitation, all copyrights; and (ii) that use of User Submissions does not violate this EULA and will not cause injury to any person or entity. We take no responsibility and assume no liability for any content or materials submitted or posted through the App by you or any third party.

  1. You agree that we, and the third-party service providers that we use to assist in providing the App to you, will have the right to access Your Account and to use, modify, reproduce, distribute, display and disclose User Submissions, including personal data of your users, to the extent necessary to provide, secure, or improve the App.

  2. WE RESERVE THE RIGHT TO REMOVE ANY CONTENT, MATERIAL, OR SUBMISSION FOR ANY REASON, INCLUDING IF WE DETERMINE IN OUR SOLE DISCRETION VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE APP.

  1. Third-Party Services and Materials. If you decide to enable, access or use Third Party Services to interact with the App, your access and use of such Third-Party Services will be governed solely by the terms and conditions of such Third-Party Services. We do not endorse, are not responsible or liable for, and make no representations as to any aspect of such Third-Party Services, including, without limitation, their content or the manner in which they handle, protect, manage or process data or any interaction between you and the provider of such Third-Party Services. We cannot guarantee the continued availability of such Third-Party Service features and may cease enabling access to them without entitling you to any refund, credit or other compensation, if, for example and without limitation, the provider of a Third Party Service ceases to make the Third Party Service available for interoperation with the App in a manner acceptable to us. You irrevocably waive any claim against us with respect to such Third-Party Services. We are not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such Third-Party Services, or your reliance on the privacy practices, data security processes or other policies of such Third-Party Services. You may be required to register for or log into such Third-Party Services on their respective websites. By enabling any Third-Party Services, you are expressly permitting us to disclose your login and data as necessary to facilitate the use or enablement of such Third-Party Services.

“Third-Party Services” means third party products, applications, services, software, networks, systems, directories, websites, databases, and information which the App links to, or which you may connect to or enable in conjunction with the App, including, without limitation, Third Party Services which may be integrated directly into Your Account by you or at your direction.

  1. The App may display, include, or make available content, data, information, applications or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites. By using the App, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any Third-Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.

  1. Collection and Use of Data

As you use the App, we will gather and use information about you for a variety of lawful purposes, including to provide, support and improve App, to integrate it with third-party service providers, and to create anonymized data that may be used for lawful business purposes. Our collection and use of data through the App is governed by and described in more detail in cargado.com/privacy      (our “Privacy Notice”. By using the App, you agree that data about you may be used in accordance with this Privacy Notice.

  1. Termination

  1. Your license to use the App will continue until terminated.  Unless otherwise agreed by you and us in writing referencing this EULA, either      you or we may terminate your license to use the App and end your User Account at any time by providing you with notice. You may also cease to use the App at any time.

  2. If you breach any of the terms of this EULA, all licenses granted by us, including permission to use the App, will immediately terminate automatically. Additionally, we may suspend, disable, or delete your access to the App (or any part of the foregoing) with or without notice, for any or no reason. If we revoke your access to the App for any suspected breach of this EULA by you, you are prohibited from re-registering for the App under a different name. In the event we revoke your use of the App, we may, but are not obligated to, delete any User Submissions. We will not be responsible for the deletion of (or failure to delete) User Submissions. All sections which by their nature should survive the termination of this EULA shall continue in full force and effect subsequent to and notwithstanding any termination of this EULA by us or you. Termination will not limit any of our other rights or remedies at law or in equity.

  1. Disclaimer of Warranties & Limitation of Liability

  1. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE APP, INCLUDING YOUR INTERACTIONS WITH OTHER USERS OF THE APP. YOU AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY MATERIALS, THIRD PARTY SOFTWARE OR SERVICES) ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP (INCLUDING THE USE, PERFORMANCE AND SUPPORT OF THE APP), EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTERFERENCE WITH ENJOYMENT, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT (I) THE APP WILL MEET YOUR REQUIREMENTS, (II) OPERATION OF THE APP WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, (III) THAT THE APP WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE, OR (IV) DEFECTS IN THE APP WILL BE CORRECTED. ANY ORAL OR WRITTEN ADVICE PROVIDED BY US OR OUR AUTHORIZED AGENTS WILL NOT BE DEEMED TO CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

  2. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE (I) FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THIS EULA OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE APP OR THIS EULA AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (II) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE DELIVERY, USE OR PERFORMANCE OF THE APP. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  3. By entering into this EULA and using the App, you agree that you will defend, indemnify and hold us, our licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this EULA or any applicable law or regulation; (b) your violation of any rights of any third party; (c) any unauthorized use of the App; or (d) your negligence or willful misconduct.

  1. Ownership

  1. The App and their content, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under intellectual property, copyright, trademark and other laws. You acknowledge and agree that we and/or our licensors own all right, title and interest in and to the App (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights in or related to the App) and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses under any of our (or our licensors’) patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of this EULA.

  2. Any and all (i) suggestions for correction, change and modification to the App and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to us by you (collectively “Feedback”), and all (ii) improvements, updates, modifications or enhancements, whether made, created or developed by us or otherwise relating to the App (collectively, “Revisions”), are and will remain our property. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the App or in any such Feedback or Revisions. You agree to assign to us any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions.

  1. ARBITRATION AND CLASS ACTION WAIVER

This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a Class Action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.

  1. Informal Process First. You agree that in the event of any dispute between you and us, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.

  2. Arbitration Agreement. Under this EULA, you agree that any dispute, claim, or controversy arising out of or relating to this EULA your use of our services and/or products, including the App, or relating in any way to the communications between you and us or any other user of Use will be finally resolved by confidential binding arbitration administered by the American Arbitration Association (“AAA”) in Chicago, Illinois, or another forum mutually agreed upon by you and us. The arbitration will be conducted according to the AAA Commercial Arbitration Rules and Mediation Procedures by a single arbitrator nominated jointly by you and us. If AAA is not hearing commercial disputes at the time, we may select another arbitral body at its sole discretion. The arbitrator’s award will be binding and may be entered as a judgment in a court of competent jurisdiction. This clause shall not preclude us from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction, or to seek injunctive relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, or patents. The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. This arbitration agreement does not (a) govern any Claim by us for infringement of our intellectual property or access to the App that is unauthorized or exceeds authorization granted in this EULA or (b) bar you from making use of applicable small claims court procedures in appropriate cases.

You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a Class Action. This arbitration provision will survive any termination of this EULA.

Class Action Waiver

Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.

If this Class Action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and us each waive any right to a jury trial.

  1. GENERAL PROVISIONS

  1. We reserve the right to monitor use of the App, and to investigate and take appropriate legal action against any party that uses the App in violation of this EULA or applicable law. We reserve the right to accept, reject or modify any content posted to the App, but assume no liability based on its acceptance, rejection, modification or failure to modify any such content.

  2. Export Laws. You agree that you will not export or re-export, directly or indirectly the App and/or other information or materials provided by us under this EULA, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.

  3. U.S. Government Restricted Rights. The App and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to this EULA.

  4. Taxes. You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with this EULA by any authority.

  5. Injunctive Relief. You agree that a breach of this EULA will cause irreparable injury to us for which monetary damages would not be an adequate remedy and we will be entitled to equitable relief in addition to any other remedies available to us under this EULA, or at law without a bond, other security or proof of damages.

  6. Miscellaneous. This EULA constitute the entire agreement between you and us regarding your use of the App. If any term or provision of this EULA is found to be invalid, illegal or otherwise unenforceable, such a finding will not affect the other terms or provisions of this EULA as a whole, but such a term or provision will be deemed modified to the extent necessary to render such a term or provision enforceable, and the rights and obligations of you and us will be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in this EULA. Your obligations pursuant to this EULA will survive termination of your use of the App. The JAMS Rules and the laws of the state of Delaware, excluding its conflicts of law rules, govern this EULA and your use of the App. Your use of the App may also be subject to other local, state, national, or international laws.

  7. Contact Us. You may contact us regarding the App or this EULA by mail at Cargado, Inc., 2045 W Grand Ave Ste B PMB 8996, Chicago IL 60612, United States or by email at support@cargado.com, or by phone at +1 (312) 313-6479. This EULA sets forth the entire understanding of the parties with respect to their subject matter.