The ARGO Site and Services
1. The Services allow you to search for and engage a third party former Consular Officer, Consular Fellow, or Consular Associate with the U.S. Department of State who has completed the U.S. Foreign Service Institute's Basic Consular Course (“Officer” or “Officers”) to seek advice directly from or ask questions directly to such Officers, specifically in an around the United States visa interview process.
2. The Services also allow you to utilize ARGO‘s automated cloud and artificial intelligence based video and data analytics software to assess and analyze strengths and weaknesses in your proposed visa application through the report generated by the software (the “ARGObot”), which can be used standalone or combined the Officer based interviews, and which involves the use of predictive artificial intelligence (with limited to no human involvement) in order to augment the your human decision-making in the visa application process.
3. An "Interview" in this Agreement means: i) a mock, trial, and practice interview, to be conducted by the Officer by and through the Services, and/or ii) the ARGObot by and through the Services, in order to help assist the user prepare for the actual interview process in connection with such user’s proposed United States travel and/or immigration visa application(s).
4. You understand that ARGO is not a law firm and does not provide legal services and that no attorney client relationship is or will be created between you, Argo, and/or the Officers.
5. You understand that any information provided to you by any Officers and/or the ARGObot is intended for general educational or informational purposes only and that any consultation with any Officer or any information provided by any Officer and/or the ARGObot is not a substitute for the advice and counsel of a qualified immigration lawyer or related professional, nor is a guarantee of any immigration status, visa application approval, etc.
6. You understand that Officers and the ARGObot provide insights and guidance solely on how you perform or may perform as a visa applicant through various parts of the visa application process and that neither ARGO nor the Officers have been engaged by you to provide any of the following: legal, technical, or other advice with regard to U.S. immigration laws, filing requirements, U.S. visa classes/categories, deadlines, or filings (collectively “Procedural and Legal Matters”). By way of example only, any guidance with regard to expiration of your passport or which form to bring to an Interview in connection with your particular visa application would be deemed Procedural and Legal Matters.
7. You understand that you should NOT rely on any information, materials, or guidance provided by any Officer and/or the ARGObot concerning Procedural and Legal Matters and instead should always seek the advice and guidance of qualified immigration legal counsel in connection with Procedural and Legal Matters.
The ARGO Site and Officers
- In order to participate in the Site or the Services as an Officer, you will be obligated to review and accept the ARGO Officer Agreement.
- Any and all persons who use the Site and Services are bound by this Agreement and you understand that even if you are an Officer, this Agreement applies to you as well.
- You understand that ARGO is not a law firm and does not provide legal services and that no attorney client relationship is or will be created between you, Argo, and/or the Officers.
- Our Services includes submission forms through which you will provide certain biographical and other information related to your proposed immigration plans, immigration status, and other items related to your person as it pertains to immigration. Please do not send us, or attempt to send us, any confidential information in any other way.
- The information provided by and through the Services is general in nature and does not apply to any particular situation, whether it be factual, legal, financial, immigration related, or otherwise. Although we strive to keep the content available through the Services relevant and useful, laws are often changing, and we cannot guarantee that all of the content is complete, accurate, or current. As such, you should not rely on any information on our Services, and should seek professional advice.
- The Services are designed to assist you in completing United States Department of State (DOS) visa interviews. Neither ARGO nor the Services are affiliated with nor endorsed by DOS or any United States government agency.
The Relationship between You and Officers
- You understand the Services enable you to: i) communicate with, and engage an Officer and you understand that any such Interview is a direct relationship between you and an Officer; and ii) use ARGObot and you understand that any such ARGObot Interview does not create a legal or other relationship between you and ARGO with regard to your visa application(s) including but not limited to any Procedural and Legal Matters.
- ARGO is not a party to any Interview or any consulting relationship you might have with an Officer and/or ARGObot, as it merely provides a technology service to facilitate the Interview.
- You understand that Officers are neither employees nor agents nor representatives of ARGO.
- You are solely responsible for every Interview occurring under your account.
- You understand that while ARGO uses commercially reasonable efforts to ascertain the identity and credentialing of Officers, it cannot warrant or guarantee the qualifications, biography, resume, expertise, claims or background of any Officer or any opinion, response, advice, prediction, recommendation, information or other service provided by any Officer. In addition, ARGO cannot guarantee the successful outcome of any user visa application.
- You understand that while ARGO will from time to time use reasonable efforts to update information posted on the Site and Services generally and in connection with the Officers, under no circumstances will ARGO be liable for any loss or damage caused by your reliance on any information, opinion, advice, or statement available on or through the Site or Services.
- You understand that it is your duty to confirm or verify any information provided by any Officers and/or ARGObot and that you bear the sole risk of relying on any such information.
- You are solely responsible for all Submissions from your account. “Submissions” means anything that a user transmits to the Site in the course of using the Services, including initial information intake forms and surveys. You shall remain at all times solely responsible for the full functionality, accuracy, reliability, integrity, quality or validity of any statement or any other detail contained in the Submissions.
- You understand that you are not to directly provide the Officer with any payment, credit card, or other payment information.
Fees and Payment
- Service Fees. While ARGO makes a large amount of information available without cost, it charges fees for some of its services (“Service Fees”). All Service Fees will be set forth on the Site. USCIS and other agencies charge fees for the filing and processing of various government forms (“Government Fees”). Government Fees are separate from our Service Fees and you bear sole responsibility for paying and or remitting any such Government Fees directly to the applicable government agency.
- Payment of Service Fees. When you purchase services for which Service Fees apply, you will be required to provide ARGO with valid, up-to-date credit card or other payment information. You authorize ARGO to charge your credit card or other payment method for all Service Fees you incur as they become due and payable. You are responsible for maintaining up-to-date payment information. If we cannot charge you for Service Fees when due because your payment information is incorrect or no longer valid, or if we do not receive your payment when due, ARGO will have no obligation to provide the services associated with those Service Fees.
The Agreement between ARGO and You
You are responsible for reviewing changes to this Agreement
- This Agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the Services, the content, products or services provided by or through the Site and the Services, and the subject matter of this Agreement.
- This Agreement applies to all users of the Site and the Services, including Officers.
- ARGO may make changes to this Agreement from time to time without specifically notifying you.
- ARGO will post the latest Agreement on the Site, but it is up to you to review it before using the Site or Services.
- If you continue to use the Site or Services after any of these changes, your continued use will mean that you have accepted any changes to the Agreement.
- In addition, some services offered through the Site and the Services may be subject to additional terms and conditions specified by ARGO from time to time and your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
ARGO may edit or modify anything on the Site or Services without notice
ARGO is committed to delivering a positive user experience and you understand that ARGO reserves the right (but without undertaking any duty) to edit, monitor, review, delete, modify, or move any content or material provided or placed on or though the Site and the Services in its sole discretion, without notice and without undertaking any duty to do so.
You are responsible for accepting updated versions of the Site and Services
- If ARGO provides updated versions of the Site and the Services and you do not accept these updated versions, you may not enjoy the most recent content, feature sets, and materials.
- If you do not accept updated versions of the Site and Services, ARGO shall not bear any responsibility or liability for your decision.
Consent to Video and Electronic Communications
- You consent to receive communications from ARGO electronically, and you agree that all agreements, notices, disclosures and other communications that ARGO provides to you electronically, via email, or on the Services, satisfy any legal requirement that such communications or agreements be in writing.
- You consent to the use of and participation in video in order to conduct any Interviews by you and any Officers. ARGO bears no liability regarding the content of such video interviews.
What Laws and Rules You Are Responsible For Following
- You must be eighteen (18) or older to use the ARGO Site or Services. You understand that the Site and the Services are intended solely for users who are eighteen (18) years of age or older. Any use of or access to the Site or the Services by anyone under eighteen (18) is unauthorized.
- The Site and the Services are not intended for use by children, especially those under age thirteen (13).
- You understand that you may not use the Site or the Services where such use is prohibited. You represent and warrant that you are eighteen (18) or older and that you agree to and to abide by all of the terms and conditions of this Agreement.
- You promise not to use the Site or the Services for any purpose that is prohibited by this Agreement.
- You are responsible for all of your activity in connection with the Site and the Services.
- You shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to you. You understand that you are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account.
- You understand that you will be fully responsible for all activities that occur under your account, user name and/or password.
- You agree not to allow someone who is not you to use your account, username or password at any time.
- You agree to immediately notify Company of any unauthorized use of your password or your user name.
- We strongly encourage you to change your password at least once a month and you understand that ARGO will not be liable for any loss that you incur as a result of someone else using your account or your password.
It is your responsibility to make sure this Agreement and your use of the Site and Services complies with all laws applicable to you
- You understand ARGO may, in its sole discretion, refuse to offer the Site or the Services to any person or entity and change its eligibility criteria at any time and that ARGO reserves the right (without undertaking any duty) to use “geo-filtering” or other technologies to block access to certain jurisdictions, in its sole discretion, without notice.
- You are solely responsible for ensuring that this Agreement complies with all laws, rules and regulations applicable to you.
- You understand that your right to access the Site or Services will be revoked where this Agreement or use of the Site or the Services is prohibited and, if that is the case, you agree not to use or access the Site or the Services in any way.
ARGO may terminate your use of the Site and/or Services without reason or notice to you
While ARGO respects its users, you agree that ARGO may terminate your membership or use of the Site and/or the Services and prohibit you from accessing the Site and/or the Services, for any reason, or no reason, and with or without notice.
You agree to comply with ARGO’s conduct policies when using the Site or Services
We do our best to keep the Site and the Services safe and operational, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
- You will not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Services or Site except as expressly authorized by ARGO;
- You will not take any action that imposes or may impose (as determined by ARGO in its sole discretion) an unreasonable or disproportionately large load on ARGO’s (or its third party providers’) infrastructure;
- You will not decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction;
- You will not interfere or attempt to interfere with the proper working of the Site and Services or any activities conducted on the Site and Services;
- You will not bypass any measures ARGO may use to prevent or restrict access to the Site and Services (or other accounts, computer systems or networks connected to the Site and Services);
- You will not run any form of auto-responder or “spam” on the Site and Services;
- You will not use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
- You will not harvest or scrape any content or materials from the Site and Services;
- You will not copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
- You will not threaten, intimidate or harass another user or any Officer;
- You will not use abusive language towards Officers, other users, or ARGO staff members, including but not limited to chat sessions, chat reviews, and forums;
- You will not solicit passwords or personally identifying information (this includes, but is not limited to, someone else’s name, birthdate, home address, IP address, social security number, or credit card number) for commercial or unlawful purposes;
- You will not upload, post, transmit, share, store or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- You will not upload, post, transmit, share, store or otherwise make available any content other than those of a personal nature that: (i) are of you (ii) are taken by you or your friends, or (iii) are original content created by you;
- You will not knowingly transmit false or misleading information through the Site or the Services.
- You will not use the Site and Services in any manner or transmit any Submission that: infringes (or results in the infringement of) ARGO’s or any third party’s intellectual property or other rights; is (or you reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. In the case of any proposed or actual transaction, “applicable” refers to both your own location and to location(s) of all other parties to the transaction; or would cause ARGO to be in violation of any law or regulation, or to infringe any right of any third party.
- You will not publish falsehoods or misrepresentations that may damage ARGO or any third party.
- You will not transmit any Submission and will not use the Site and Services to post, store, transmit, offer, or solicit anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes, or items associated with such an entity); material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening; pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or may be harmful to a minor; any virus, worm, Trojan horse, or other harmful or disruptive component; or anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate.
- You will not use the Site and Services to post, store, or transmit advertising, promotional material, or solicitations of goods or services, except in areas of the Site designated for the purpose.
- You will not otherwise take any action in violation of ARGO’s guidelines and policies.
ARGO is not responsible for what happens outside of the Site and Services, including on websites the Site or Services link to or advertise
- ARGO or its business partners may present advertisements or promotional materials via the Services.
- Your dealings with, or participation in promotions of any third-party advertisers via the Services are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion.
- You agree that ARGO is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Services.
- You understand the Site and the Services may contain (or you may receive from ARGO, third parties or users) links to other web sites (“Third Party Sites”) or content posted, owned or originating from third parties such as, by way of example only, pictures, designs, photographs, graphics, text, sound, recipes, video, information, software, applications and any other content (“Third Party Content”).
- You understand and agree that ARGO is not responsible for, and does not control, Third Party Sites and Third Party Content. You also understand and agree that ARGO is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Third Party Sites and Third Party Content.
- You acknowledge and agree that ARGO shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such Third Party Site or Third Party Content.
Who Owns What and How You Can Use It
The copyright to all content the on the Site and Services is owned by the provider of that content, including but not limited to Officers
- The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site and the Services (“Copyright Content”) are the property of ARGO or may be, to a certain extent, the property of its content suppliers, including but not limited to Officers, and are protected under applicable copyright law, trademark law and other proprietary rights.
- You may not copy, redistribute, use or publish any part of the Site or the Services, except as allowed by this Agreement.
- You do not acquire ownership rights to any content, document or other materials viewed through the Site or the Services.
- Clients agree that any written materials provided to you in connection with an Interview or the Services are for your own use and you may not redistribute, disseminate, publish, or display such material, in whole or in part, to any third parties without the prior written permission of the Officer (where applicable) and Argo, except to your regulators and professional advisors on an as needed basis.
You may not use trademarks appearing on the Site or Services in an infringing manner
- You agree that ARGO, ARGO, ARBObot, argovisa.com and other ARGO graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of ARGO or its affiliates (“Trademark Content”).
- ARGO trademarks and trade dress may not be used in connection with any product or service that is not ARGO’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ARGO.
- All other trademarks not owned by ARGO or its affiliates that may appear on this Site or the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ARGO or its affiliates.
Unless you are an Officer and have registered with ARGO as an Officer and accepted ARGO’s Officer Terms and Conditions, You may use the ARGO Site and Services for limited, noncommercial purposes
- Unless you are an Officer and have registered with ARGO as an Officer and accepted ARGO’s Officer Agreement, ARGO grants you a limited license to access and make personal use of the Site and the Services.
- ARGO does not grant you the right to download (other than page caching) or modify the Site and the Services, or any portion of the Site and the Services.
- You understand ARGO does not grant you the right to resell or make commercial use (except as provided herein or in the applicable Officer Terms and Conditions) of the Site and the Services or their contents; make any derivative use of the Site and the Services or their contents; any downloading or copying of account information for the benefit of a third party, or merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
- You understand the Site and the Services or any portion of Site and the Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose.
- You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of ARGO and our affiliates without express written consent.
- You may not use any meta tags or any other “hidden text” utilizing ARGO’s name or trademarks without the express written consent of ARGO. Any unauthorized use terminates the permission or license granted by ARGO.
- You may not engage in the copying, reproduction, publication, rearrangement, redistribution, modification, revision, alteration, or reverse engineering, of the Services.
- You are granted a limited, revocable, and nonexclusive right to create a hyperlink, or at the Company’s sole discretion other items such as widgets, buttons, or other web page elements, to the home page of ARGO so long as the link does not portray ARGO, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
- You may not use any ARGO logo or other proprietary graphic or trademark as part of the link without express written permission.
You have the necessary rights to share content and materials should you choose to
- You understand that you may be invited to participate in blogs, online forums, promotions, surveys and other such items and that, accordingly, we may provide you with the opportunity, to create, submit, post, transmit or distribute content and materials to us via the Site, such as text, drawings, icons, photos, etc. (collectively, “User Content”).
- You warrant that either: (a) your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in this Agreement; or (b) all parties whose materials are included in your User Content, or who contributed in any way, are depicted in, or have any rights to your User Content, have granted you permission to submit and license your User Content to ARGO as set forth herein, with full knowledge that ARGO may exploit it in any manner whatsoever. You make such warranties without ARGO incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
- You grant to ARGO the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, make derivative works from, re-title, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same.
- You further agree that ARGO is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Site or ARGO, for any purposes whatsoever, including, without limitation, developing, producing, marketing and otherwise exploiting products and/or services using such User Content; and without remuneration of any kind.
- You further perpetually and irrevocably grant ARGO the unconditional right to use and exploit your name, persona and likeness included in any User Content.
- You also grant to ARGO the right to sub-license and authorize others to exercise any of the rights granted to ARGO.
- You authorize ARGO to publish your User Content in a searchable format that may be accessed by users of the Site and the Internet, and you waive any rights of attribution and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
- You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”).
- ARGO takes the intellectual property of others seriously.
- You understand that ARGO at its sole discretion, may terminate the account or access of users who infringe the intellectual property rights of others.
- If you believe that your work has been copied in a manner that results in copyright infringement, please contact ARGO’s Copyright Agent. Our designated agent for notice of alleged copyright infringement on the Site and Services is:
ARGO – Copyright Department
Address: 631 South Main Street
State: South Carolina
Postal Code: 29601
By Email: firstname.lastname@example.org
By Phone: +1 864-887-0171
ARGO’s liability is limited
- ARGO is not responsible for any Third Party Sites, Third Party Content, or any other content posted on the Site and the Services, whether caused by users of the Site and the Services, ARGO, third parties or by any of the equipment or programming associated with or utilized in the Site and the Services.
- ARGO is not responsible for the conduct, whether online or offline, of any user of the Site or the Services or any Officer.
- ARGO assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of user communications or Officer communications.
- ARGO is not responsible for any problems or technical malfunction of any telephone network or lines, cellular data provider or network, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Services or Site, including injury or damage to users or to any other person’s computer, and/or mobile device.
- Neither ARGO nor any of its affiliates, advertisers, promoters or distribution partners shall be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Site or the Services, any content posted on the Site or the Services or transmitted to users, or any interactions between users of the Site or the Services and between users of the Site or the Services and Officers, whether online or offline.
Disclaimer—For Educational Purposes Only, Not Substitute for Qualified Professional Advice
THE INFORMATION PROVIDED THROUGH THE SITE AND THE SERVICES IS PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO BE A SUBSTITUTE NOR REPLACEMENT FOR PROFESSIONAL LEGAL OR IMMIGRATION ADVICE OR GUIDANCE. ARGO IS NOT A LEGAL PRACTICE OR LAW FIRM AND IS NOT ENGAGED IN THE PRACTICE OF LAW AND IS NOT A GOVERNMENTAL AGENCY OR AFFILIATED IN ANY WAY WITH THE USCIS. NONE OF THE OFFICERS ARE PROVIDING LEGAL ADVICE AND ARE NOT ENGAGED IN THE PRACTICE OF LAW. IT IS STRONGLY RECOMMEND TO ALWAYS SEEK THE ADVICE OF A QUALIFIED AND LICENSED ATTORNEY IN CONNECTION WITH ANY AND ALL IMMIGRATION APPLICATIONS AND PROCESSES. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, ARGO AND ITS THIRD PARTY PROVIDERS, INCLUDING ANY OFFICERS, DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED VIA THE SITE AND THE SERVICES.
YOU RELY ON OR ACT UPON THE ADVICE OF ANY OFFICERS, the ARGOBOT, OR OTHER USE OF THE SITE OR SERVICES SOLELY AT YOUR OWN RISK AND BY YOUR OWN ELECTION AND VOLITION. YOU BEAR SOLE RESPONSIBILITY AND LIABILITY FOR ANY ACTIONS OR OMISSIONS UNDERTAKEN BY YOU IN CONNECTION WITH ANY INFORMATION OR ADVICE PROVIDED BY ANY OFFICERS, ARGOBOT, OR OTHER USERS. ARGO DOES NOT GUARANTEE ANY VISA APPLICATIONS OR IMMIGRATION APPLICATIONS WILL BE GRANTED, SUCCESSFUL, OR OTHERWISE THAT ANY RESULTS OR OUTCOMES ARE GUARANTEED.
General Disclaimer and Limitation of Liability
WE TRY TO KEEP THE SITE AND SERVICES UP, BUG-FREE AND SAFE, BUT YOU USE THEM AT YOUR OWN RISK. THE INFORMATION FROM OR THROUGH THE SITE AND THE SERVICES IS PROVIDED “AS IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. THE INFORMATION, SITE AND THE SERVICES MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. IN NO EVENT WILL ARGO OR ITS DIRECTORS, EMPLOYEES OR AGENTS HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, OR THE SITE. WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US THROUGH THE SITE/SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ARGO’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE AND USE OF THE SITE, BUT IN NO CASE WILL OUR LIABILITY TO YOU EXCEED $50. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE SITE AND THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to indemnify ARGO
You agree to indemnify, defend, and hold harmless ARGO, its contractors, licensors, subsidiaries and affiliates and their respective partners, directors, officers, employees and agents from and against any and all claims and expenses, including any and all losses, costs, liabilities, and attorneys’ fees, arising out of or in connection with: (1) your use of the Site and Services, (2) any user Content, Third Party Content, Third Party Sites and any other content, (3) your violation of this Agreement, or of any law or the rights of any third party, and (4) your breach of this Agreement and/or any breach of your representations and warranties set forth herein.
You agree that South Carolina law applies to this Agreement
Subject to the arbitration clauses included below, if there is any dispute arising out of the Site and the Services, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the State of South Carolina, USA, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the South Carolina, USA, for the resolution of any such dispute.
Your general representation and warranty
- You represent and warrant that you will use the Site and the Services so not to infringe or misappropriate the intellectual property rights of any third party.
- You and ARGO agree that any cause of action arising out of or related to the Site or the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
- You agree that, except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by arbitrators appointed in accordance with such rules.
- You agree any arbitration shall take place in South Carolina in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
- If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
- A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
- ARGO may assign its rights under this Agreement without condition.
- This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. The headings of the paragraphs of this Agreement are inserted for convenience only and shall not be deemed to constitute part of this Agreement or to affect the construction thereof.
Class Action/Jury Trial Waiver
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND ARGO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.