This Kargo360 User Terms (“User Terms”), along with the Kargo360 Privacy Policy (“Privacy Policy”) and all other policies posted on our Kargo360.com domain, sub-domains, other Kargo360 Powered sites, the Kargo360 mobile applications, any available Kargo360 APIs, and all related services, websites, applications, and tools provided through Kargo360’s online shipping marketplace, outline the terms and conditions under which Kargo360 offers you, a registered user (also referred to as “you”, “your”, “user”, or “Kargo360 user”), access to and use of our shipping marketplace services (collectively, “Services”).
By accepting the terms and conditions of this User Agreement, you acknowledge and agree to the following:
Modification of Terms:
By using Kargo360’s services, you agree to the terms and conditions outlined in this User Agreement. You acknowledge that Kargo360 reserves the right to modify these terms at any time, and your continued use of the Services after any such changes constitutes your acceptance of the modified terms.
The legal entity you are entering into this User Agreement with is Kargo360 LLC, a Delaware Corporation.
This User Agreement includes an Arbitration Clause and a Class Action Waiver. Please refer to for more details on the restrictions that may apply to your legal rights in disputes involving our Services, User Agreement, or Privacy Policy.
Overview:
Payment Processing via Stripe
Payment processing services for Shippers and Service Providers on the Kargo360 platform are provided through Stripe, a third-party payment processor. These services are subject to the terms outlined in the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively referred to as the “Stripe Services Agreement”).
Acceptance and Compliance
By accepting this User Agreement, you also agree to comply with the terms and conditions set forth in the Stripe Services Agreement. Stripe may update its terms periodically, and it is your responsibility to stay informed about any changes. Your continued use of the payment processing services after modifications to the Stripe Services Agreement will constitute your acceptance of any such updates.
Information Requirements:
To enable Kargo360 to provide payment processing services through Stripe, you must provide Kargo360 with accurate and complete information about yourself and your business. This information may include, but is not limited to, your name, business name, address, tax identification number, and banking information.
Authorization:
By using the Kargo360 platform and its payment processing services, you authorize Kargo360 to share the information you provide, as well as transaction details related to your use of the payment processing services, with Stripe. This sharing of information is essential to facilitate the payment processing services and ensure compliance with applicable laws and regulations.
Scope of Services
The payment processing services facilitated through Stripe encompass a range of financial transactions on the Kargo360platform, including but not limited to:
Security and Privacy
Stripe employs advanced security measures to protect financial information. By utilizing these payment processing services, you acknowledge and agree that Stripe’s security and privacy policies will govern the management of your financial data. Additionally, Kargo360 enforces strict security protocols to safeguard any information shared with Stripe.
Liability and Responsibility:
Kargo360 and Stripe are not liable for any issues arising from inaccuracies in the information you provide. It is your responsibility to ensure that all information is up-to-date and correct. Any delays or failures in payment processing resulting from incorrect information are not the responsibility of Kargo360 or Stripe.
Termination:
Kargo360 reserves the right to terminate your access to the payment processing services if you violate the terms of the Stripe Services Agreement or this User Agreement. Additionally, Kargo360 may discontinue the use of Stripe as a payment processor at any time, with or without notice.
By agreeing to these terms, you acknowledge that you understand and accept the conditions under which payment processing services are provided through Stripe on the Kargo360 platform. Your acceptance is a prerequisite for using the payment processing services offered by Kargo360.
No Guarantees on Transactions:
Kargo360 does not guarantee any specific terms of business, including pricing, delivery, logistics, or any other contractual terms, between you and other users of Kargo360’s Services. The details and conditions of your transactions are solely determined by you and the other users involved.
Limited Scope of Guarantees:
Kargo360 provides a platform for connecting Shippers and Service Providers, but it does not offer comprehensive guarantees regarding the use of its Services. This includes, but is not limited to, the accuracy, reliability, and completeness of the information provided by other users.
User Responsibility:
Our Services are designed to facilitate business interactions, but they are not a substitute for your own careful consideration, due diligence, and awareness when engaging with other users. You are responsible for evaluating and verifying the credentials, reliability, and trustworthiness of any users you choose to do business with through our platform.
Limitation of Liability:
Kargo360 is not liable for any losses, damages, or injuries that may result from your choice to engage in transactions or business with other users of our Services. This includes, but is not limited to, financial losses, property damage, personal injury, or any other type of harm that may occur.
Disputes Between Users:
Any disputes or disagreements that arise between you and other users are to be resolved directly between the parties involved. Kargo360 does not mediate or arbitrate disputes, nor does it assume any responsibility for resolving conflicts that may occur during business transactions facilitated by our platform.
Indemnification:
By using Kargo360’s Services, you agree to indemnify and hold Kargo360 harmless from any claims, demands, or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or related to your use of our platform and your interactions with other users.
Termination of Use:
If you do not agree with any part of this disclaimer or the terms outlined in our User Agreement, you should not use Kargo360’s Services. Continued use of our platform indicates your acceptance of these terms and your agreement to be bound by them.
By accepting this User Agreement and using Kargo360’s Services, you acknowledge and agree to the limitations of guarantees and liabilities as stated above. Your use of the platform is at your own risk, and you are solely responsible for any outcomes resulting from your business activities with other users.
User Contact Information and Communication Policy
Monitoring and Recording of Calls:
As a user of Kargo360, you acknowledge that telephone calls to or from Kargo360 may be monitored and recorded. This is done for purposes such as quality assurance, training, and other operational needs. By using Kargo360’s services, you consent to this monitoring and recording.
Accuracy of Contact Information:
You verify that any contact information you provide to Kargo360, its agents, and other users is accurate and truthful. This information includes, but is not limited to:
Prohibition of False Identification:
You agree not to engage in spoofing or any other form of false identification. This includes misleading or fraudulent representations via telephone, text (SMS), email, or other communication means. Accurate representation of your identity is crucial for the integrity of interactions on the Kargo360 platform.
Ownership of Telephone Numbers:
You confirm that you are the current subscriber or owner of any telephone number you provide to Kargo360. Providing a telephone number that is not your own is strictly prohibited. This ensures that communications are correctly directed and that you have the authority to receive messages and calls at the provided number.
Consequences of Providing False Information:
If Kargo360 discovers that any information provided during your registration or in your profile is false or inaccurate, we reserve the right to suspend or remove your account. Ensuring the accuracy of information is essential for maintaining trust and reliability within the Kargo360 community.
Updating Telephone Number Ownership:
If your telephone number changes ownership, you must notify Kargo360 to update your contact information. This can be done by:
Timely updates ensure that communications are directed correctly and that you remain accessible through the contact details you have provided.
Compliance and Integrity:
By agreeing to these terms, you commit to maintaining the accuracy and integrity of your contact information and communication practices. This commitment helps foster a reliable and trustworthy environment for all users of Kargo360’s services.
The Kargo360 Services incorporate various forms of intellectual property, including copyrighted materials, innovations, proprietary business methods, design elements, logos, phrases, names, and code (collectively referred to as "Intellectual Property Content"). Unless otherwise indicated or provided under a third-party license, all such content is owned exclusively by us, and we retain all associated rights, interests, and titles. This ownership also covers the distinctive "look," "feel," "appearance," and "graphic function" of our Services, such as their color schemes, sounds, layouts, and designs.
Usage Conditions:
A Shipper is an individual or company responsible for coordinating the shipment of goods on their own behalf. This coordination can involve various modes of transportation, including but not limited to, road, rail, sea, or air transport. The Shipper can assume multiple roles in the shipping process:
On the Kargo360 platform, Shippers might also be referred to by various terms, including “Shipping Customer,” or “Customer,” These terms reflect the Shipper's role in initiating and managing the transportation process.
A Transportation Service Provider (TSP) encompasses any entity, individual, agent, or transporter that offers transportation services for freight or Kargo. These services can extend beyond mere transportation to include related logistics and handling tasks. TSPs cover a wide range of roles and responsibilities within the logistics chain:
On the Kargo360 platform, these providers are collectively known as “Kargo Service Providers,” signifying their role in facilitating the transportation and logistics needs of shippers.
A Carrier is an individual or company engaged in the transportation of goods for compensation. Carriers are responsible for the actual movement of goods from the point of origin to the destination. They operate various types of transportation equipment, such as trucks, ships, planes, or trains, and are compensated for their services by shippers or other entities.
A Broker is an individual or company that, for a fee, arranges or offers to arrange the transportation of goods by an authorized motor carrier. Brokers do not provide transportation services themselves but act as intermediaries, connecting shippers with carriers. This distinction ensures that the definition of a Broker remains clear and specific to those who primarily facilitate transportation rather than execute it directly
Kargo360.com is an e-commerce platform designed to facilitate connections between customers who need to ship cargo and transportation service providers (TSPs). Additionally, the platform aids linkages between drivers/transporters and brokers/transporters.
Responsibilities of Users
Coordination of Services
Users of the Kargo360 platform acknowledge and agree that Kargo360 does not coordinate transportation, shipping, or logistics services on their behalf. This means that Kargo360 does not take an active role in organizing or managing the transportation of goods. Instead, the platform serves as a marketplace where Shippers and Transportation Service Providers (TSPs) can connect and arrange services independently.
Non-Involvement in Transactions
Since Kargo360 is not involved in the actual transactions between Shippers and TSPs, it has no control over the details of these transactions. Specifically, Kargo360 cannot verify the accuracy of the listings posted by users. This includes the descriptions, availability, and conditions of the transportation services offered by TSPs and the shipment details provided by Shippers. Users must rely on their own diligence and judgment in assessing the reliability and capabilities of the parties they engage with.
No Guarantees on Shipment Completion
Kargo360 cannot ensure that either the Shipper or the TSP will complete a shipment as agreed. The platform does not provide any guarantees regarding the performance or fulfillment of services booked through Kargo360. This includes, but is not limited to, the timely delivery of goods, adherence to specified conditions, and the overall execution of the transportation arrangements.
Identity Verification
Kargo360 does not guarantee the authentication of individual users. While the platform employs certain identity verification methods, these are conducted on a best-efforts basis and are not foolproof. Users should not solely rely on Kargo360’s verification processes for establishing the legitimacy or trustworthiness of other users. Additional independent verification may be necessary to ensure the credibility of the parties involved.
User Responsibilities
As a Kargo360 user, you acknowledge and agree that all communications, whether verbal or written, or conducted electronically, as well as any warranties or representations made regarding the arrangement of transportation services, are not provided by Kargo360. These interactions and agreements are specifically and solely between you and the other user. Kargo360 disclaims any responsibility or liability for the content, accuracy, or outcomes of these communications and transactions.
Kargo360 does not perform active screening or qualification of Transportation Service Providers (TSPs) to ensure they comply with federal, state, or local laws and regulations, including broker compliance with the Moving Ahead for Progress in the 21st Century Act (MAP-21). We recommend that you directly verify such compliance with the TSP before utilizing their services.
Kargo360Application and Services Access.
Your Kargo360 account is non-transferable and cannot be sold to another party. If you are registering as a business entity, you must have the authority to bind that entity to this agreement. Kargo360 services are not available to users who are temporarily or indefinitely suspended from the platform. You confirm that you are of legal age in your state or jurisdiction. Users under 18 years old or who have not reached the age of majority in their location are not permitted to use our services. If you are using our services as a Broker, you must have the authority to act on behalf of a Shipper or TSP. Drivers involved in transporting goods must hold a valid license for their vehicle. You agree that Kargo360’s services are intended solely for transportation purposes and will not use the platform to sell or market any unauthorized goods or products, unless explicitly permitted by Kargo360 in writing.
Shippers.
You are responsible for reviewing all terms, conditions, and tariffs specified by Transportation Service Providers (TSPs) when booking shipments via Kargo360. By putting a request in Kargo360 platform, you agree to comply with the TSP’s terms, conditions, and tariffs, thereby entering into a legally binding agreement with the TSP, except were prohibited by law or this User Agreement. Pickup dates, delivery dates, and stoppage times provided by the TSP are estimates and not guaranteed, unless otherwise stated. Either party may request cancellations prior to the commencement of services (see cancellation policy section for more details). A TSP may inspect your shipment before acceptance and reserve the right to refuse to transport any item that is prohibited by this User Agreement or by law.
Transportation Service Providers.
Legal Authorization
Transportation Service Providers (TSPs) must possess the necessary legal authorization to handle and transport shipments they bid on through the Kargo360 platform. This includes meeting all relevant local, state, and federal regulations, licensing requirements, and any other legal obligations.
Responsibility for Services and Terms
TSPs are fully responsible for all elements related to their services, including:
These aspects are determined by the TSPs and not by Kargo360. Kargo360 does not verify or enforce the terms, conditions, or pricing set by the TSPs. The TSP’s terms and conditions are available on their public profile on the Kargo360 platform and must not conflict with Kargo360’s User Agreement.
Accuracy of Shipment Information
All shipment information available on Kargo360 is provided by other registered users. Kargo360 does not have control over or responsibility for the accuracy of this information. Users must review all shipment details carefully.
Binding Agreement
By booking shipments through Kargo360, you enter a legally binding contract with the Shipper to fulfill the services as specified. This agreement is based on the terms and conditions provided by the TSP and must be honored in accordance with the agreement with the Shipper.
For shipments that require a payment code, upon completion of delivery, the Customer can release payment by either marking the shipment as "Delivered" or providing the payment code directly to the TSP. Providing the payment code is equivalent to making a non-reversible cash payment. TSPs are authorized to request the payment code only after the delivery has been completed.
Kargo360 is not liable for any issues related to payment, including cases where the Shipper does not fulfill the payment obligation. Additionally, Kargo360 is not responsible for damages, missing items, or any other service-related problems that may arise during the shipping process.
It is the responsibility of both the TSP and Shipper to address and resolve any financial disputes, damage claims, or breach of contract issues directly with each other, outside of Kargo360. Both parties agree that Kargo360 has no obligations or liabilities to the TSP except for fulfilling its specific duties as outlined in this agreement.
Kargo360 Booking Deposit:
Shippers pay a Shipper's service charge (see Section (Shipper’s service charge) and a deposit in the amount equal to kargo360 specified percentage of the total cost of shipment to the specified destination.
This deposit is credited to the Kargo360 account. The deposit amount is then deducted from the booked shipping price and the Shipper pays the remaining balance directly to the TSP when the cargo is delivered. The service charge and deposit are non-refundable when shipment is delivered.
Pricing and Price Modifications.
Kargo360 does not establish or regulate the prices set by Transporters or Transportation Service Providers (TSPs). The pricing quotes and offers provided to Shippers are based on the information the Shippers supply and are designed to be comprehensive.
All-Inclusive Quotes
The initial quotes and offers given by TSPs are expected to cover all costs based on the details provided by the Shipper. These quotes are meant to be all-inclusive, incorporating the agreed-upon services and charges.
Changes and Additional Costs
If the actual shipment details differ substantially from the information provided—such as adjustments in the required equipment, changes in space needs, additional services, or unforeseen costs like duties, customs assessments, governmental fines, taxes, or legal fees—the TSP may issue a revised invoice. This revised invoice will reflect any additional expenses incurred due to these changes.
Responsibility for Additional Charges
In cases where the shipment characteristics change and lead to additional costs, the Shipper will be responsible for paying these extra charges. The TSP will adjust the invoice accordingly to account for any discrepancies between the original quote and the actual costs.
You are solely responsible for all transactions conducted through your account, including any fees and taxes incurred by other users of your account. Certain features on Kargo360 may require a valid payment method. By providing your payment details, you authorize Kargo360 to charge your account for any applicable fees. Kargo360 reserves the right to modify, introduce, or waive fees, penalties, or interest at its discretion. Any temporary fee adjustments, including promotional rates, will be communicated in writing and will remain valid only for the specified promotional period.
There are no registration or subscription fees for basic accounts, including those for Shippers (personal or business), Brokers, Drivers, or TSPs.
Transaction Fees
TSPs may incur a base transaction fee for shipments booked and completed through Kargo360 Services. This base fee might be reduced under special programs. The applicable fee will be determined based on factors such as origin, destination, shipment category, customer type (Shipper or Broker), listing date, and other relevant details, and it may vary over time. If a TSP imposes additional charges due to changes in the services provided beyond the original quote, the fee will be calculated based on the final shipping price assessed.
Bid Cancellations and Account Credits
Either party can request a cancellation of a booked shipment on Kargo360 before services are performed, provided it is done within 365 days from the booking date. Cancellations should only be made after attempts to resolve the issue have failed and it is certain the services will not be completed.
Upon a cancellation request, the other party can:
If the other party accepts the cancellation, the Auction will be canceled, and the shipment may be relisted or removed. If disputed, Kargo360 will review the request and decide. If there is no response from the other party, the cancellation will be automatically accepted.
Refunds and Credits
For cancelled shipments booked using the Booking Deposit payment method, Kargo360 will collect the Shipper deposit and/or the Shipper Service Charge as a cancellation fee. At our sole discretion, we may offer this cancellation fee as a discount on a future transaction. This discount is subject to the following conditions: (i) it must be used within 365 days following the issuance of the credit, (ii) it has no cash value and cannot be transferred.
For transactions using Kargo360 Payments, a Shipper may receive a full refund of the booked shipment price and Shipper Service Charge if the shipment is cancelled within 120 days of the booking date, provided that the Kargo360 Payments payment code has not been released to the TSP.
Mobile Application Usage
When accessing Kargo360 Services via a mobile device or the Kargo360 mobile app, you must adhere to the following guidelines:
(i) Follow all traffic laws and drive safely. (ii) Exercise good personal judgment while driving. (iii) Only interact with the app when your vehicle is stationary and legally parked. (iv) Refrain from using the Services for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful activities.
Users must access the Service using authorized methods only. It is your responsibility to ensure that you download the correct version of the application for your device. Kargo360 is not liable if your mobile device is incompatible or if you download the incorrect application version. Kargo360 reserves the right to terminate the Service and the use of the application if it is being used with an incompatible or unauthorized device. Users agree to comply with all applicable laws in your home country, as well as the country, state, and/or city where you are using the application or Service.
TSP Excessive Cancellation Surcharge
TSPs with a high cancellation rate at the time of booking a shipment may incur a variable surcharge added to their transaction fee. This surcharge will be calculated based on the TSP’s monthly cancellation rate on Kargo360. If a TSP’s cancellation rate exceeds 12%, Kargo360 reserves the right to impose an excessive cancellation fee.
Bid Cancellations
Either party may request a cancellation after a shipment is booked on Kargo360 but before any services are performed. Cancellation requests should be made only after reasonable efforts to reach an agreeable solution have been exhausted and the booked services will not be carried out. If the other party accepts your cancellation request, the booking will be canceled, and the shipment can either be relisted or removed.
Transporter Cargo Claims and Liability Limitations
Kargo360 does not establish specific terms for Transporter cargo liability. Instead, Transporter liability for cargo damage, loss, or theft is governed by the applicable laws and regulations unless otherwise specified by the Transporter within the Kargo360 platform. Shippers should promptly file any cargo claims directly with the chosen TSP to facilitate swift resolution, as Kargo360 holds no liability or responsibility for these claims.
Shippers cannot use claims for loss, damage, mis-delivery, or non-delivery to offset freight or other charges. If the Transporter provides specific liability terms through Kargo360, these will be based on the Transporter’s General Rules Tariff or applicable terms and conditions at the time of shipment. For shipments with a predetermined exception value established by the Carrier, this value will take precedence over standard liability limits for cargo loss.
The maximum recovery amount for a cargo claim will be capped at the TSP’s published liability limits or tariffs. By booking a shipment on Kargo360, Shippers acknowledge that they have been presented with options for liability rates and have voluntarily accepted the rates and limits set by Transporters through the Kargo360 platform.
Prohibited Activities
Kargo360 reserves the right to suspend or terminate your account if we suspect that you are involved in prohibited activities. We may choose to edit, amend, or delete any content that violates our guidelines, but we are not required to do so. The following activities are strictly prohibited:
Suspension or Removal of Users
We reserve the exclusive right to reject, suspend, or remove your participation in Kargo360 Services at any time, for any reason, or without reason, and without prior notice. We will not be liable for any damages or losses resulting from such actions. Reasons for suspension or removal may include, but are not limited to:
Kargo360 is not obligated to disclose the reasons for any actions taken under this policy. All decisions regarding suspension or removal are final.
Feedback.
User Reviews and Ratings: User reviews and ratings are an integral part of the Kargo360.com platform, providing valuable feedback and insights about the experiences of other users. However, it is essential to understand the following aspects regarding user-generated content:
No Verification of Authenticity
User Responsibility
Posting Reviews and Ratings
Honesty and Accuracy: Users who post reviews and ratings must provide honest and accurate feedback based on their genuine experiences. Misleading, false, or defamatory content is strictly prohibited.
Constructive Feedback: Reviews and ratings should be constructive and respectful, aimed at providing helpful insights for other users while maintaining a courteous and professional tone.
No Incentivized Reviews: Users must not post reviews or ratings in exchange for compensation, discounts, or any other incentives. Such practices undermine the credibility of the feedback system.
Prohibited and Restricted Items
You are not permitted to list any shipment on our platform that contravenes applicable laws, regulations, or includes prohibited items. Prohibited items are defined as hazardous or dangerous goods that could pose risks to health, safety, or property during transport. These include explosives, radioactive materials, flammable substances, and toxic chemicals. Hazardous materials that are banned from mailing or commercial transport are not allowed on Kargo360.
Certain hazardous materials that can be legally transported under specific conditions may be listed on Kargo360, provided they are properly packaged, labeled, and include a clear notice of their hazardous nature along with a description of the compliant shipping method. For details on hazardous substances and transport regulations in the U.S., refer to the U.S. Postal Service Publication 52. For information on regulations outside the U.S., consult your local postal authority or regulatory agency.
Restricted items are those regulated or banned by the U.S. Postal Service for public policy reasons, but which do not generally pose a danger to health, safety, or property during transport. Restricted or perishable items that are allowed to be transported by mail or commercial carriers are permitted on Kargo360.
It is the consignor's responsibility to ensure compliance with all postal and non-postal laws and regulations regarding hazardous, restricted, and perishable materials. Sending or causing the shipment of non-mailable or improperly packaged hazardous materials can result in legal penalties, including fines and imprisonment, as specified under applicable laws.
(U.S. Only) Household Goods Shipments
The Federal Motor Carrier Safety Administration (FMCSA), a division of the U.S. Department of Transportation (DOT), regulates household goods shipments to protect shippers.
If you are moving household goods, your Transportation Service Provider (TSP) is legally required to provide you with specific information about your move.
To ensure compliance and safety, you can:
(U.S. Only) Non-Household Goods Shipments
For non-household goods shipments, FMCSA regulations differ depending on whether the shipment crosses state lines or remains within a single state.
No Agency
By entering into this Agreement, providing services on the Kargo360 platform, or using Kargo360 Services, you acknowledge and agree that these actions do not create, imply, or establish any legal relationship between you and Kargo360. This includes, but is not limited to, relationships such as independent contractor, agency, partnership, joint venture, employer-employee, or franchiser-franchisee. You further confirm that no affiliation or association exists between you and Kargo360.
Release
If you have a dispute with one or more Kargo360 users, you agree to release Kargo360, Inc., along with its officers, directors, agents, advisors, attorneys, accountants, and employees, from any and all claims, demands, and damages (both actual and consequential) of any kind and nature. This release applies to known and unknown, suspected and unsuspected, disclosed and undisclosed claims related to such disputes or this User Agreement.
If you have a dispute with one or more Kargo360 users, you irrevocably release and discharge Kargo360, Inc., along with its officers, directors, agents, advisors, attorneys, accountants, and employees (collectively, "Released Parties"), from any and all claims, demands, liabilities, and damages (actual, consequential, statutory, or otherwise) arising from or related to such disputes or this User Agreement.
This release applies to known and unknown claims, whether suspected or unsuspected, disclosed or undisclosed. By accepting this Agreement, you expressly waive any protections granted under any laws that might otherwise limit this release, including but not limited to California Civil Code § 1542 (or any similar statute in other jurisdictions).
Confidentiality/Non-Disclosure
During the course of this Agreement, you may gain access to or become aware of Kargo360’s confidential and proprietary information, including but not limited to business operations, financial data, marketing strategies, customer lists, trade secrets, source code, software, and technologies (collectively, "Confidential Information").
You acknowledge and agree that all Confidential Information is the exclusive intellectual property of Kargo360. You shall not use, disclose, or distribute Confidential Information to any third party, including competitors, without prior written consent from Kargo360. Your obligation of confidentiality shall remain in effect for a period of three (3) years following the termination of this Agreement, except for trade secrets, which shall remain confidential indefinitely.
Any unauthorized use or disclosure of Confidential Information may cause irreparable harm, for which monetary damages alone are insufficient. In addition to damages, Kargo360 shall be entitled to injunctive relief and reimbursement of attorneys' fees and costs incurred in enforcing this provision.
Taxes
You are solely responsible for all taxes, levies, duties, charges, and fees, including but not limited to sales tax, value-added tax (VAT), or other similar taxes, arising from or related to any transactions conducted under this Agreement. This includes any applicable local, state, or federal taxes related to your activities. Kargo360 shall not be responsible for any taxes or fees imposed on you by any jurisdiction. The only exception to this is any income tax obligations directly incurred by Kargo360 due to its own business activities.
Record Keeping/Audit
Kargo360 reserves the right to maintain accurate records of all transactions, communications, and interactions between you and other users on the platform. These records are retained for administrative purposes, compliance with applicable laws, and to ensure proper operation of the Services. Kargo360 will manage and store these records in accordance with all relevant privacy laws and regulations, including but not limited to data protection and retention policies.
You agree to cooperate with Kargo360’s audit requirements, and grant Kargo360 the right to access and review these records as necessary, within the bounds of applicable law.
Non-Solicitation
During the term of this Agreement, and for a period of one year following its termination or expiration, you agree not to directly or indirectly solicit, recruit, or hire any employees or contractors of Kargo360 that you become aware of through your participation in this Agreement. Additionally, you shall not interfere with, disrupt, or attempt to disrupt Kargo360’s business relationships, including but not limited to relationships with users, vendors, or other third parties. Specifically, you agree not to solicit, attempt to solicit, divert, or market to any Kargo360 user you initially met through the Kargo360 platform or Services, whether for competing services or otherwise.
Unsolicited Idea Submission
While we value feedback and encourage comments about the Kargo360 marketplace, we do not accept or consider unsolicited ideas, suggestions, or proposals unless they have been specifically requested by us. This policy helps us prevent potential conflicts of interest with internally developed features or products that may resemble or overlap with your submission. If you choose to submit any unsolicited idea, suggestion, or proposal (whether or not requested), you agree that it is non-confidential and non-proprietary. By submitting such materials, you grant Kargo360 a perpetual, irrevocable, and royalty-free right to use, modify, distribute, and implement the submission for any purpose without compensation or further obligation to you.
Remedies
If you violate any term or condition of this Agreement, Kargo360 reserves the right to take appropriate actions, which may include, but are not limited to:
These actions may be taken at Kargo360’s discretion and may be in addition to any other remedies available to Kargo360 under applicable law.
Indemnification
You agree to indemnify, defend, and hold harmless Kargo360, its affiliates, officers, directors, employees, agents, and representatives from any and all claims, actions, demands, liabilities, damages, losses, or settlements (including reasonable legal and accounting fees), arising out of or in connection with:
General Disclaimer
By accessing or using Kargo360.com, you acknowledge and agree to these disclaimers and accept them as part of your continued use of the Site and services. Your acceptance of these terms is necessary to ensure a fair, transparent, and protected environment for all users.
Legal Compliance
You are solely responsible for complying with all applicable domestic and international laws, statutes, regulations, and ordinances in connection with your use of Kargo360 Services. This includes, but is not limited to, the following:
Kargo360 does not assume any responsibility or liability for your non-compliance with such laws, and you agree to indemnify Kargo360 from any claims, damages, or penalties arising out of such violations.
Arbitration and Waiver of Class Actions
PLEASE READ THIS SECTION CAREFULLY, AS IT CONTAINS AN AGREEMENT TO ARBITRATE DISPUTES (“ARBITRATION AGREEMENT”) AND LIMITS YOUR ABILITY TO SEEK RELIEF.
By accepting this Agreement, you agree to the following:
By agreeing to this Arbitration Agreement, you waive your right to resolve disputes through court proceedings before a judge or jury, and instead agree to resolve any disputes through binding arbitration.
Trademark and Domain Name Protection
Kargo360 owns or is licensed to use various trademarks, trade names, trade dress, service marks, domain names, and other proprietary identifiers (collectively referred to as "Marks") in connection with the Kargo360 Services.
By agreeing to this Agreement, you acknowledge and agree to the following:
Disclaimer of Third-Party Content and Links
Our services may feature, include, or provide access to third-party content, including advertisements, social media links, and other external websites or services, which are not owned or controlled by Kargo360. Kargo360 does not endorse, control, or assume responsibility for any third-party websites, information, materials, products, or services.
By accessing third-party websites or services through our platform, or by sharing your data or information on or through any third-party site or service, you do so at your own risk. You acknowledge that Kargo360 is not responsible for the content, availability, or functionality of such third-party websites or services.
This User Agreement and the Kargo360 Privacy Policy do not apply to your use of third-party websites. You expressly release Kargo360 from all liability arising from your use of any third-party content, websites, or services, and you assume all risks associated with engaging with them.
Please be aware that third-party websites may change their content, terms, or policies at any time, and Kargo360 cannot be held responsible for such changes.
Additional Terms and Conditions
You acknowledge and agree that Kargo360 reserves the exclusive right to establish and post additional terms and conditions for the use of its services at any time. These additional terms and conditions will be deemed effective amendments to this Agreement and will automatically be incorporated into it upon posting.
In the event of a conflict between these additional terms and conditions and the terms specified in this Agreement, the additional terms and conditions will take precedence. You will be notified of any such changes, and your continued use of the services following the posting of these amendments will constitute your acceptance of the updated terms.
We encourage you to regularly review this Agreement and any posted updates to ensure that you are aware of the latest terms applicable to your use of Kargo360’s services.
General
This Agreement cannot be modified, supplemented, or interpreted by any trade usage, prior course of dealing, or any other extrinsic factors unless explicitly included in the Agreement. If any provision of this Agreement is found to be invalid, unenforceable, or void, such provision shall be severed, and the remaining provisions of the Agreement shall remain in full force and effect. In such a case, the invalid provision will be revised to the maximum extent permitted by law to reflect the original intent of the parties.
The failure of either party to enforce any provision, exercise any option, or require performance by the other party at any time shall not be considered a waiver of such provision or any other provision of this Agreement.
In the event of litigation or arbitration concerning the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, court costs, and any other related expenses.
Communications
All communications directed to Kargo360 should be sent to the following contact information:
Notices from Kargo360 will be sent to you using the contact information you have provided. Such notices may be delivered via regular mail, email, text message, phone call, or fax. It is your responsibility to ensure that Kargo360 is notified of any changes to your contact information.
Legal Disclaimer
Rocket Lawyer has acted solely as legal counsel for Kargo360 in drafting this User Agreement, which reflects the terms agreed upon by both parties. The involvement of Rocket Lawyer in drafting this Agreement shall not be construed as creating any bias in favor of or against Kargo360.
Users are strongly encouraged to read the entire Agreement carefully. If you have any questions or concerns regarding the terms of this Agreement, we recommend seeking independent legal counsel to ensure full understanding before proceeding.
Contact Us
Kargo360 welcomes your questions or comments regarding the Terms:
Kargo360
25101 Addlestone Dr
Athens, Alabama 35613
Email Address: info@kargo360.com
Effective as of March 5th, 2025