1. TERMS OF USE

This Terms of Use Agreement (the “Terms” or this “Agreement”) is entered into by and between Argo Navigation LLC (“Argo”) and you as a user. The Terms governs the use of the application Argo for mobile phones, tablets, and other portable units, related online, mobile and other platforms or services, hereafter referred to as the “Service”.

The Terms also encompass the Privacy Policy, if not explicitly said otherwise in this Agreement.

Please read the Terms carefully. As a user you agree to the Terms and Privacy Policy by registering your account for the Service, or using and/or accessing the Service in other ways.

Argo reserves the right to update and/or modify the Terms from time to time and without notice. The most recent version of the Terms shall supersede any previous versions. It is your responsibility as a user to be updated on any new versions. Any continued use of the Service following the posting of any changes in the Terms shall constitute acceptance of such changes.

A user’s failure to abide by the Terms may result in suspension from using the Service or termination of your account.

Argo reserves the right to modify or discontinue the Service or parts thereof temporarily or permanently. Notice of any discontinuation or modification of the Service will be disclosed to the registered email address of your account.

Argo requires that you are 13 years old or above to use the Service, see also article 3.2.

2. CREATING ACCOUNTS – ACCOUNT REGISTRATION

2.1 User information – personal data

When creating your account for the Service, Argo will require the creation of a password, as well as ask for your name and e-mail address. This data is collected in order for Argo to be able to store your settings, preferences and manage the customer relationship. As a user, you agree to provide Argo with accurate information and to keep said information updated. For more information please refer to the Privacy Policy.

User privacy is very important to Argo and Argo only processes personal data for the purposes for which they are collected and in a manner in accordance with applicable data protection laws. The personal data collected will not be made available to any third parties and will be deleted when it is no longer necessary for the processing to keep it.

Argo maintains sole discretion in refusing certain user names or information that may represent a risk to any other user with regard to potential identity theft, possible offence, or otherwise impersonation of another user.

By contacting Argo through the contact information below, you will be able to get information about what personal data Argo has registered on you. You will also be able to change or delete that data.

When signing in with your account, you as a user may opt to use the Service and share information through various social media platforms, such as, but not limited to; Facebook, Instagram or Twitter. Argo shall not be responsible for such usage of the Service or information thereof through any social media services.

2.2 Registration Information and Confidentiality

When registering and/or setting up an account with the Service, you are solely responsible for maintaining the confidentiality of your information, you are also solely responsible for your use of the Service, including the use by anyone with access to the Service via your login. As a user you may not sub-license, transfer, sell or assign your account or information to any third party, without the prior written consent of Argo, which consent may be withheld at the sole discretion of Argo. Attempting to do so may result in suspension from using the Service or termination of your account.

3. USING THE ARGO SERVICE

3.1 For personal use only

Unless otherwise specified, the Service is intended for your personal, non-commercial use only. You shall not, without the acceptance from Argo, attempt to any of the following when using the Service:

  • Access or use the Service in a manner not provided or authorized by Argo
  • Reproduce, duplicate, copy, sell, trade, resell or exploit the Service
  • Republish any information available on the Service

You are responsible for all activity that occurs under your user account, and you agree not to use the Service to upload, post, transmit, share, store or otherwise make available content deemed to be harmful, threatening, inflammatory, harassing, offensive, vulgar, unlawful, defamatory, infringing, abusive, obscene, fraudulent, or privacy invasive. You warrant that you have all rights to post the information you upload to the Service and that it does not infringe any third-party rights. You also agree to use the Service in accordance with applicable law and acknowledge that failure to do so may subject you to civil and criminal penalties.

Additionally, hateful or racially, ethnically or otherwise objectionable content shall be grounds for discontinuance of the Service and termination of your account. You also agree not to carry out unsolicited advertisement or other distribution/solicitation via the Service or any portion thereof.

Argo shall have the right to, without notice, remove your content, close down your account or suspend your access if Argo in its sole discretion deems it to be unlawful or in violation of, or may imply a breach of these Terms and the Privacy Policy.  This shall also apply to information that may expose Argo for risk of criticism.

3.2 Minors

In accordance with section 1 of the Terms, Argo does not knowingly collect or make use of information from those that are 13 years old or younger (“Minors”). Minors are also expressly prohibited from submitting their information to the Service. In cases where such information is made evident to Argo, said information will be subject to deletion from the Service.

4. THIRD PARTY SERVICES

When you use the Service to use or purchase other services or products from third parties, Argo shall not be responsible for such use or purchase.

All third-party data, services and products integrated in or available through the Service are independent contractors and not partners or employees of Argo. Argo shall not be responsible for any actions, mistakes, defects, omissions, over bookings, claims, guarantees etc. related to such data, service or products or the use or purchase thereof. If you experience any problem with your use or purchase of third-party services or products, please contact the provider accompanying your product or receipt.

5. INTELLECTUAL PROPERTY RULES, RIGHTS AND USE

5.1 Use of Data and Materials

The Service contains material protected under copyright and other intellectual property laws. Argo reserves all rights, title and interest in the Service and any updates, modifications, improvements and derivatives thereof if nothing else is expressed in the Terms. Users may not modify, copy, reproduce, republish, or otherwise transfer any data or materials that belong to Argo. Users may only download material from the Service for their own personal, non-commercial use.

5.2 Ownership and Use

Argo content, such as but not limited to organization, graphics, text, images, video, design, compilation, advertising and all other material on the site(s), is protected under applicable copyrights and other proprietary statutes. Copying, redistribution, or modifying, up to and including alterations, except for the limited rights of use granted hereunder, are strictly prohibited.

5.3 Legal Compliance

You agree to use the Service only for purposes that are permitted by applicable law, rules or regulations, and as permitted by the Terms.

5.4 Links to Other Domains

You acknowledge that Argo does not condone or endorse content from other sites which are linked to via the Service. Furthermore, Argo will not be responsible for the content or actions of websites and services beyond their control. Links to any other service or site may be used under your sole discretion and risk.

5.5 Interfering and Tampering

You agree not to disrupt, or in any way attack, modify or interfere with the Service, Argo or its associated software, hardware and/or servers in any way. Additionally, you agree not to interfere in any way with other user’s use of these services. Tampering or altering information, materials or data on the Service also represents a breach of this agreement.

6. USER GENERATED CONTENT

6.1 User Responsibility

You as a user are solely responsible for the profiles, photos, reviews, messages, text, and all other content that you upload to the Service. In addition, you are responsible for any data you publish or deploy via the Service, including sharing or posting to other sites.

6.2 User Content License

As a user of the Service, you authorize Argo to use or make copies of your content (guides, places, reviews, comments, feedback, testimonials, ideas, suggestions or any similar or related information) and to make such data and information available for the public as a part of the Service, including via third parties services and sites by any means and for any purposes deemed appropriate by Argo. By posting user content to any part of the Service, you automatically grant Argo a world-wide, royalty-free, perpetual, transferrable, sub-licensable, irrevocable license to said content however and wherever originally situated. This right shall remain with Argo after you as a user have ended the Service/cancelled your account.

Argo shall not be obligated to pay any compensation with regard to said use of data and information.

6.3 Intellectual Property Ownership

Argo does not assert any ownership over user’s content if nothing else is specified in the Terms.

7. INDEMNIFICATION

As a user, you agree to indemnify, defend, and hold harmless Argo, our affiliates, third party service providers ,and our and their respective shareholders, members, directors, officers, employees, agents, successors, and assignees (the “Indemnified Parties”) against, and to reimburse any one or more of the Indemnified Parties for, all claims, obligations, and damages directly or indirectly arising out of or related to your use of the Service, submissions or interactions with Argo,  or breach of these Terms, including, without limitation, those alleged to be caused by the Indemnified Party’s negligence, unless (and then only to the extent that) the claims, obligations, or damages are determined to be caused solely by our gross negligence or willful misconduct in a final, unappealable ruling issued by a court with competent jurisdiction. For purposes of this indemnification, “claims” include all obligations, damages (actual, consequential, or otherwise), and costs that any Indemnified Party reasonably incurs in defending any claim against it, including, without limitation, reasonable accountants’, arbitrators’, attorneys’, and expert witness fees, costs of investigation and proof of facts, court costs, travel and living expenses, and other expenses of litigation, arbitration, or alternative dispute resolution, regardless of whether litigation, arbitration, or alternative dispute resolution is commenced. This indemnity will continue in full force and effect subsequent to and notwithstanding the discontinued use of the Service by you. An Indemnified Party need not seek recovery from any insurer or other third party, or otherwise mitigate its losses and expenses, in order to maintain and recover fully a claim against you under this subparagraph. You agree that a failure to pursue a recovery or mitigate a loss will not reduce or alter the amounts that an Indemnified Party may recover from you under this paragraph. Without limiting the foregoing, if Argo is made a party to a legal proceeding in connection with your act or omission, Argo may hire counsel to protect its interests and bill you for all costs and expenses incurred by Argo. You shall promptly reimburse Argo for such costs and expenses. You also agree Argo cannot be held liable for any unauthorized user interaction, use of materials obtained from the Service, or for any breach of the Terms.

8. DISCLAIMERS AND LIABILITY LIMITATIONS

THIS PRODUCT IS NOT TO BE USED FOR NAVIGATION.  NO NATIONAL OR GOVERNMENT OFFICE HAS VERIFIED THE INFORMATION IN THIS PRODUCT AND NONE ACCEPT LIABILITY FOR THE ACCURACY OF REPRODUCTION OR ANY MODIFICATION MADE THEREAFTER. NO NATIONAL OR GOVERNMENT OFFICE WARRANTS THAT THIS PRODUCT SATISFIES NATIONAL OR INTERNATIONAL REGULATIONS REGARDING THE USE OF APPROPRIATE PRODUCTS FOR NAVIGATION.

NAUTICAL NAVIGATION IS AN INHERENTLY DANGEROUS ACTIVITY AND SHOULD ONLY BE ENGAGED IN BY PERSONS WITH ADEQUATE TRAINING AND EXPERIENCE. ONLY UP-TO-DATE OFFICIAL GOVERNMENT CHARTS AND NOTICES TO MARINERS CONTAIN ALL INFORMATION NEEDED FOR THE SAFETY OF NAVIGATION AND, AS ALWAYS, THE CAPTAIN IS RESPONSIBLE FOR THEIR PROPER USE AND AWARENESS OF CURRENT CONDITIONS.

UNLESS OTHERWISE SPECIFIED BY NATIONAL MARITIME AUTHORITIES, THE DATA LICENSED HEREUNDER IS INADEQUATE AS A PRIMARY MEANS OF NAVIGATION, AND SHOULD BE USED ONLY AS A SUPPLEMENT TO OFFICIAL GOVERNMENT CHARTS AND TRADITIONAL NAVIGATION METHODS.

EACH USER ACKNOWLEDGES THAT THEY ARE USING THE SERVICE AT THEIR OWN RISK. ARGO AND THIRD-PARTY DATA PROVIDERS DISCLAIM ANY AND ALL WARRANTIES EITHER EXPRESSED OR IMPLIED IN THE TERMS.

THIS INCLUDES, BUT IS NOT LIMITED TO, ANY GUARANTEE OF ACCURACY, TITLE, MERCHANTABILITY, RELIABILITY, FITNESS OF PURPOSE, OR ANY OTHER WARRANTY, EITHER ORAL OR WRITTEN. ARGO DOES NOT SUPPLY AND WARRANT FOR THE ACCURACY WITH REGARD TO THE CORRECTNESS, COMPLETENESS OR EVEN USEFULNESS OF THE INFORMATION CONTAINED IN THE SERVICE OR THE DATA UPON WHICH SUCH INFORMATION IS BASED.

THE SERVICE MAY NOT BE USED FOR NAVAL NAVIGATION. ARGO AND THIRD-PARTY DATA PROVIDERS DISCLAIM ANY LIABILITY FOR DAMAGES OR BODILY INJURY ARISING OUT THE USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO, EVENTUAL NAVAL NAVIGATION WITH THE SERVICE, NAVIGATION ERROR, RUNNING AGROUND, ROUTE PLANNING AND DELAYS.

FURTHERMORE, ARGO DOES NOT WARRANT UNINTERRUPTED USE OF THE SERVICE IT PROVIDES, NOR DO ANY OF ARGO’S THIRD-PARTY PROVIDERS, AFFILIATES, OR PARTNERS. UNINTERRUPTED SERVICE SHALL ALSO APPLY TO THE LOSS OF USER INFORMATION. THE USER IS SOLELY RESPONSIBLE FOR BACKING UP THEIR DATA, MAINTAINING THEIR ITINERARIES, AND IN GENERAL FOR THE ACCURACY OF INFORMATION PROVIDED TO THEM VIA ARGO AND ITS AFFILIATES.

THE USER, BY PROXY (IN USING THE SERVICE), AGREE TO RELEASE ARGO, ITS REPRESENTATIVES AND OTHER AFFILIATES FROM CLAIMS, DAMAGES AND DEMANDS ARISING FROM THE USE OF THE SERVICES.

9. ARITRATION

If not resolved by voluntary negotiation and mediation, any dispute, controversy, or claim between you and Argo, including, without limitation, any dispute, controversy, or claim arising under, out of, in connection with or related to: (a) these Terms; (b) your relationship with Argo; (c) your use of the Service; (d) any claim based in tort or any theory of negligence; and/or (e) the scope or validity of the arbitration obligation under these Terms; shall be determined by JAMS (“JAMS”). This arbitration clause will not deprive Argo of any right it may otherwise have to seek provisional injunctive relief from a court of competent jurisdiction.

The arbitration will be administered by JAMS pursuant to its Commercial Arbitration Rules then in effect by one arbitrator. If proper notice of any hearing has been given, the arbitrator will have full power to proceed to take evidence or to perform any other acts necessary to arbitrate the matter in the absence of any party who fails to appear.

In connection with any arbitration proceeding, each party will submit or file any claim which would constitute a compulsory counterclaim (as defined by the then-current Rule 13 of the Federal Rules of Civil Procedure) within the same proceeding as the claim to which it relates. Any such claim which is not submitted or filed in such proceeding will be forever barred.

Any arbitration must be on an individual basis and the parties and the arbitrator will have no authority or power to proceed with any claim as a class action, associational action, or otherwise to join or consolidate any claim with any claim or any other proceeding involving third parties. If a court or arbitrator determines that this limitation on joinder of, or class action certification of, claims is unenforceable, then the agreement to arbitrate the dispute will be null and void and the parties must submit all claims to the jurisdiction of the courts. The arbitration must take place in Maryland or at such other location as Argo designates.

The arbitrator must follow the law. The arbitrator may not consider any settlement discussions or offers that might have been made by either you or Argo. The arbitrator may not under any circumstance (a) stay the effectiveness of any pending termination of this agreement, (b) assess punitive or exemplary damages, (c) certify a class or a consolidated action, or (d) make any award which extends, modifies or suspends any lawful term of this agreement or any reasonable standard of business performance that we set. The arbitrator will have the right to make a determination as to any procedural matters as would a court of competent jurisdiction be permitted to make in the state in which the main office of Argo is located. The arbitrator will also decide any factual, procedural, or legal questions relating in any way to the dispute between the parties, subject matter, timeliness, scope, remedies, unconscionability, and any alleged fraud in the inducement.

The arbitrator can issue summary orders disposing of all or part of a claim and provide for temporary restraining orders, preliminary injunctions, injunctions, attachments, claim and delivery proceedings, temporary protective orders, receiverships, and other equitable and/or interim/final relief. Each party consents to the enforcement of such orders, injunctions, etc., by any court having jurisdiction.

The arbitrator will have subpoena powers limited only by the laws of the state of Maryland.

The parties ask that the arbitrator limit discovery to the greatest extent possible consistent with basic fairness in order to minimize the time and expense of arbitration. The parties to the dispute will otherwise have the same discovery rights as are available in civil actions under the laws of the state of Maryland.

All other procedural matters will be determined by applying the statutory, common laws, and rules of procedure that control a court of competent jurisdiction in the state of Maryland.

Other than as may be required by law, the entire arbitration proceedings (including, but not limited to, any rulings, decisions or orders of the arbitrator), will remain confidential and will not be disclosed to anyone other than the parties to this agreement.

The judgment of the arbitrator on any preliminary or final arbitration award will be final and binding and may be entered in any court having jurisdiction.

Argo reserves the right, but has no obligation, to advance your share of the costs of any arbitration proceeding in order for such arbitration proceeding to take place and by doing so will not be deemed to have waived or relinquished Argo’s right to seek recovery of those costs against you.

The party against whom the arbitrator renders a decision shall pay all expenses of arbitration.

10. WAIVER OF RIGHTS

YOU AND ARGO KNOWINGLY, VOLUNTARILY AND INTENTIONALLY AGREE AS FOLLOWS:

Jury Trial. You and Argo EXPRESSLY WAIVE(S) THE RIGHT ANY MAY HAVE TO A TRIAL BY JURY IN ANY ARBITRATION, ACTION, PROCEEDING, OR COUNTERCLAIM, WHETHER AT LAW OR IN EQUITY, INCLUDING, WITHOUT LIMITATION, FOR ANY CLAIMS RELATING DIRECTLY OR INDIRECTLY TO THIS AGREEMENT, WHETHER BROUGHT IN STATE OR FEDERAL COURT, WHETHER BASED IN CONTRACT THEORY, NEGLIGENCE OR TORT, AND REGARDLESS OF WHETHER OR NOT THERE ARE OTHER PARTIES IN SUCH ACTION OR PROCEEDING. This waiver is effective even if a court of competent jurisdiction decides that the arbitration provision in Section 9 is unenforceable.

Damage Waiver. You and Argo EXPRESSLY WAIVE(S) ANY CLAIM FOR PUNITIVE, CONSEQUENTIAL, COMPENSATORY, LOST PROFIT, MULTIPLE AND/OR EXEMPLARY DAMAGES; except that this waiver and limitation shall not apply with respect to (a) your obligation to indemnify Argo pursuant to any provision of this Agreement, and/or (b) any claims Argo brings against you for your breach of this Agreement.

You and Argo EXPRESSLY AGREE(S) THAT IN THE EVENT OF ANY FINAL DETERMINATION, ADJUDICATION OR APPLICABLE ENACTMENT OF LAW THAT PUNITIVE, CONSEQUENTIAL, COMPENSATORY, LOST PROFIT, MULTIPLE AND/OR EXEMPLARY DAMAGES MAY NOT BE WAIVED, ANY RECOVERY BY ANY PARTY IN ANY ARBITRATION OR OTHER FORUM SHALL NEVER EXCEED TWO (2) TIMES ACTUAL DAMAGES.

The parties hereto hereby expressly knowledge and agree that the foregoing waivers and limitation of liability as set forth in this section shall apply not only apply to Argo, but also to its representatives, affiliates, agents, officers, directors and employees and their successors and assigns.

11. TERMINATION OR SUSPENSION OF SERVICE/ACCOUNT

As a user you have the right to cancel your account at any time. Argo shall have the right to cancel the Service at any time. Argo shall also have the right to cancel an account or suspend a user at its own discretion, please see article 3.1.

12. DISPUTE RESOLUTION

12.1 Governing law and forum

The Terms shall be governed by the laws of Maryland, and the parties hereby submit to the exclusive jurisdiction of the Maryland court.

12.2 General

In accordance with section 12.1, disputes arising between the user and Argo, shall be resolved via the most neutral and cost-effective means possible. The user agrees to try to solve any claim or dispute amicably.

13. CONTACT

If you have any questions related to the Service, the Terms and/or the handling of your personal data, you may contact Argo by sending an e-mail to info@argonav.io.

Updated: May 2021