Terms & Conditions
The following is the terms and conditions of the Interface on https://argo.fi and Protocol.
This website-hosted user interface (this “Interface”) is made available by the Argo Foundation. (the “Company”).
This Interface is a portal to the Aptos Network (“Aptos”) and a community-driven collection of blockchain-enabled smart contracts and tools (together, the “Protocol”) deployed on Aptos.
THIS INTERFACE AND THE PROTOCOL ARE PROVIDED ”AS IS”, AT YOUR OWN RISK, AND WITHOUT WARRANTIES OF ANY KIND. Neither the Company nor any of its affiliates provides, owns, or controls the Protocol. By using or accessing this Interface or the Protocol, you agree that no developer or entity involved in creating, deploying or maintaining this Interface or the Protocol, including the Company, will be liable for any claims or damages whatsoever associated with your use, inability to use, or your interaction with other users of, this Interface or the Protocol, including any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or loss of profits, cryptocurrencies, tokens, or anything else of value.
By using or accessing this Interface, you represent that you are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or excluded or denied persons, including but not limited to the lists maintained by the United States’ Department of Treasury’s Office of Foreign Assets Control, the United Nations Security Council, the European Union or its Member States, or any other government authorities.
Please read these Terms of Service (“Agreement” or “Terms”) carefully. Your use or access of the Platform (as defined below) constitutes your consent to this Agreement. This Agreement is between you and Argo Labs, Inc. together with its subsidiaries and affiliates, (“Argo”, “we”, “our” or “us”),operators of the token lending protocol currently available at argo.so (“Platform”) and applies to your use of the Platform and use of the Argo borrowing and lending services facilitated by the Platform (collectively,“Services”).
This Agreement hereby incorporates by this reference any additional terms and conditions with respect to the Platform or Services, posted by Argo to the Platform, or otherwise made available to you by Argo. If you are an individual accessing or using the Platform or Services on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (“Organization”), then you are agreeing to this Agreement on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to this Agreement. References to “you” and “your” in this Agreement will refer to both the individual using the Platform or Services and to any such Organization.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
Description of the Platform and Services
Argo offers a non-custodial token lending protocol where token can be used as collateral to mint or borrow a stablecoin.
YOU ACKNOWLEDGE AND AGREE THAT (1) ARGO HAS NO CONTROL OVER ANY WALLET THAT YOU MAY USE IN CONNECTION WITH YOUR USE OF THE PLATFORM OR SERVICES; (2) ALL WALLETS ARE PROVIDED BY THIRD-PARTIES; (3) ARGO HAS NO RIGHT OR ABILITY TO CONTROL THIRD-PARTIES WHO PROVIDE WALLETS; (4) ANY DISPUTE BETWEEN YOU AND ANY THIRD-PARTY WALLET PROVIDER IS BETWEEN YOU AND THAT THIRD-PARTY WALLET PROVIDER; AND (5) THAT ARGO IS NOT LIABLE FOR ANY ISSUES OR LOSSES CAUSED BY USE OF THIRD-PARTY WALLETS.
Security of Devices and Wallets
You are responsible for maintaining the confidentiality and security of the device(s) that you use to access the Platform. You are also responsible for maintaining the security of your wallet(s), and for ensuring that no unauthorized person has access to your wallet(s), any private keys, or any devices that you utilize in connection with the Platform. Argo will not be liable for any loss or damage arising from your failure to protect your device(s) or your wallet(s).
Fees Certain blockchains require the payment of a transaction fee (“Gas Fee”) for every transaction that occurs on the network. The Gas Fee funds the network of computers that run the decentralized blockchain. This means that you will need to pay a Gas Fee for each transaction. Accordingly, you must ensure that you have a sufficient balance of cryptocurrency stored at your wallet to complete any transaction on the blockchain before initiating such transactions. We will make reasonable efforts to notify you of any Gas Fees before initiating any services that require the use of the blockchain network. You may be subject to certain additional fees and commissions, including fees imposed by Argo. While we do not currently charge for the use of any of our Services or access to the Platform, we reserve the right to levy additional fees in the future, including fees for access to Information or service fees to support the operation of the Platform. You agree to promptly pay such fees and commissions, as set forth on the Platform and the transactions and services you receive, which we may modify from time to time. In the event that we add fees to the Platform or any of our Services, we will alert you in writing prior to any such fees going into effect.
You should confirm all information before you make any transfers to any third-party wallet. Argo will bear no liability or responsibility if you enter an incorrect blockchain destination address, incorrect Destination Tag/Memo, or send your tokens to an incompatible or someone else’s wallet. We do not guarantee the identity or value received by a recipient of an outbound transfer of tokens from the Platform to third-party wallets.
Argo may contract with third-parties, including those providing research analysis or other information related to the Platform and Services to provide certain data, information, insights, analysis, and articles that are made available through the Platform and Services, and may also provide links to third-party websites (or other online properties that are not owned or controlled by Argo) or services that are not under the control of Argo (collectively, “Third-Party Services”). In addition to these Terms, you may be bound by any additional terms required by providers of Third-Party Services. Argo makes no representations about, and accept no liability for, any Third-Party Services. Argo are not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained in Third-Party Services, the services offered thereby or for their privacy and security policies and procedures.
A transaction on the Platform may fail for several reasons, including without limitation a change in prices, the value of your collateral, token availability, or technical difficulties experienced by. We make no representation or warrant that any transaction will be executed fully, or at all. We are, under no circumstances, liable for any loss or injury suffered by a failure of a transaction to complete properly or in a timely manner, including dispatching to the blockchain. Further, we are in no way responsible for notifying you of a transaction failure, although you are able to see any such failures on the Platform. You have full responsibility to determine and inquire into the failure of any transaction which you initiate. The tokens that are available through the Services may be subject to high or low transaction volume, liquidity issues, and volatility for potentially extended periods. You acknowledge that while we are using commercially reasonable methods to provide the Platform and Services, we do not guarantee that the Platform or Services will be consistently available. We operate as a non-custodial platform provider and do not act as principal or counterparty with respect to any transactions entered into on the Platform or using the Services.
The Platform and Services are subject to all applicable export control restrictions, and, by using the Platform and/or Services, you represent that your actions are not in violation of such export control restrictions. Without limiting the foregoing, you may not use the Platform or Services if you are (i) a resident, national or agent of Crimea, Cuba, Iran, North Korea, Syria or any other country or region to which the United States embargoes goods or imposes similar sanctions (“Restricted Jurisdictions”); (ii) a member of any sanctions list or equivalent maintained by the United States government (“Restricted Persons”); or (iv) you intend to transact with any Restricted Jurisdictions or Restricted Persons. Sanctions
By using the Platform or Services, you further represent and warrant that you are not (1) the subject of sanctions administered or enforced by the United States (including without limitation the U.S. Department of the Treasury’s Office of Foreign Asset Control), the United Kingdom, the European Union or any other governmental authority (Sanctions); or (2) organized or resident in a country or territory that is the subject of country-wide or territory-wide Sanctions.
In connection with your use of the Platform and Services, you will not:
- Violate or assist any party in violating any law, statute, ordinance, regulation or any rule of any self-regulatory or similar organization of which you are or are required to be a member through your use of the Platform or Services;
- Engage in any activity which, in our sole discretion, amounts to or may amount to market abuse including without limitation pumping and dumping, entering fictitious transactions or wash trading, front running, bear raiding or engaging in disorderly market conduct;
- Infringe upon our or any third-party’s copyright, patent, trademark, or other intellectual property rights;
- Repost, delete, or alter any content or material that Argo makes available on the Platform or Services;
- Restrict or inhibit any other person from legal use of the Platform or Services;
- Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Platform or Services except as expressly authorized herein, without Argo’s express prior written consent;
- Use the Platform in an unauthorized manner, including collecting email addresses or Discord usernames of users by electronic or other means for the purpose of sending unsolicited emails or communications;
- Reverse engineer, decipher, decompile or disassemble any portion of the Platform or Services, except to the extent such restriction is expressly prohibited by applicable law;
- Remove any copyright, trademark or other proprietary rights notice from the Platform or Services;
- Frame or mirror any portion of the Platform or Services, or otherwise incorporate any portion of the Platform or Services into any product or service, without Argo’s express prior written consent;
- Restrict, discourage or inhibit any person from using the Platform or Services;
- Engage in any attack, hack, denial-of-service attack, interference, or exploit of any smart contract;
- Systematically download and store content from the Platform or Services;
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data or information;
- Post, transmit or otherwise make available through or in connection with the Platform any virus, worm, Trojan horse, Easter egg, time bomb, spyware, ransomware, malware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
- Otherwise attempt to gain unauthorized access to or use of the Platform or Services, or computer systems connected to the Platform or Services;
- Engage in any behavior which violates this Agreement or is otherwise deemed unacceptable by us in our sole discretion; or
- Use any robot, spider, search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine”, or otherwise gather content on the Platform or Services (including Submissions), or reproduce or circumvent the navigational structure or presentation of the Platform or Services, without Argo’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with applicable law and any instructions posted in the robots.txt file located in the Platform’s root directory, Argo grants to the operators of public search engines permission to use spiders to copy materials from the Platform or Services for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Argo reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
It is your responsibility to determine what, if any, taxes apply to the transactions you make, and to report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes arising from any transaction. We encourage you to speak with your personal tax advisor regarding the tax implications of your use of the Platform and Services.
Reservation of Rights
Argo reserves the right to bar any transactions on the Platform, for or with, any user with or without cause, at any time, subject to any limitations imposed by applicable law. In lieu of refusing access to the Platform or Services, Argo may, in its sole and absolute discretion, perform due diligence. You may be subject to due diligence procedures in your use of the Platform or Services. If you decline to provide requested information or otherwise do not reply timely or substantively with the documentation or data requested, Argo has the absolute discretion to immediately suspend or terminate your use of the Platform and Services.
Intellectual Property Rights
The Platform and its entire contents, features, and functionality (including but not limited to all Services,information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof and with the exception of User Content), are owned by Argo, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Argo grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free and worldwide right and license to access and use the Platform or Services solely in strict compliance with the provisions of this Agreement and as permitted by the functionalities of the Platform or Services available to you. Argo’s name and all related names, logos, product and service names, designs, and slogans (“Argo branding”) are trademarks of Argo, its associates, or licensors (collectively, “Associates”). You must not use any Argo branding without the prior written permission of Argo. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.
Cryptocurrency is risky and you should never invest or borrow more than what is within your means. The following list of risks associated with tokens, the Platform, and Services is not exhaustive.
Risks of Cryptocurrency
Cryptocurrency is highly volatile and extremely risky. In addition, factors beyond our control may affect market liquidity for cryptocurrency, such as regulatory activity, market manipulation, the acts or omissions of the issuer of the cryptocurrency, or unexplainable price volatility. By using the Platform and Services, you accept the risks associated with cryptocurrency. In entering into any transaction on the Platform, you represent that you have been, are, and will be solely responsible for making your own independent appraisal into the risks of cryptocurrency.
We give no warranty as to the suitability of the cryptocurrency made available on the Platform and assume no fiduciary duty in our relations with you. You must conduct your own due diligence when determining whether to mint or borrow a stablecoin using your own tokens.
No brokering transactions or provision of investment advice
We provide an execution-only service. We do not broker transactions on your behalf, advise on the merits of any particular tokens, transactions, or associated risks, or provide any other financial, investment or legal advice in connection with the Platform or Services. To the extent that we do provide trading data, post market commentary, articles, or make social media posts, the act of doing so is incidental to your relationship with us and such information may not be considered as investment or financial advice and should not be construed as such. ANY DECISION TO USE YOUR TOKENS AS COLLATERAL IS SOLELY YOUR DECISION AND WE WILL NOT BE LIABLE FOR ANY CONSEQUENT LOSS.
No guarantee of continuous access to Platform or Services
We do not guarantee continuous, uninterrupted or secure access to any part of the Platform or Services, and operation of our site may be interfered with by numerous factors outside of our control, including regulatory reasons and issues with the blockchain. We will make reasonable efforts to ensure that transactions are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete transactions.
Indemnification and Release
Argo and its Associates, subsidiaries, parents, affiliates, service providers, and each of their respective officers, directors, agents, joint venturers, employees or representatives (collectively, the “Released Parties”), are not liable for any damages that may arise out of or in connection with your use of the Platform or Services. This includes, but is not limited to, claims, applications, injuries, delays, direct loss, loss of investments, business, or profits, business interruption costs, loss of goodwill or business profits, loss of cryptocurrency or tokens, damage caused by your computer, computer software, systems and programs, and the data thereon or any other direct or indirect, consequential and incidental damages. In addition, the Released Parties are not liable for any losses incurred, either directly or indirectly through your use of the Platform or any of its functions and features (collectively, all of the foregoing items shall be referred to herein as “losses”). The Released Parties are hereby released by you from liability for any and all losses. These limitations of liability apply whether the liability or losses are based on negligence, contract, tort, or any other basis, even if the Released Parties had been advised or should have known of the possibility of such losses.
You agree to indemnify and hold the Released Parties harmless from any claim or losses (including attorneys’ fees and any losses, fines, fees, or penalties imposed by any regulatory authority) arising out of your breach of this Agreement, or your violation of any law or regulation.
If you have a dispute with one or more users, nodes, issuers of tokens listed on the Platform or other third-parties, you release the Released Parties from any and all claims, demands, and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ARGO, ITS ASSOCIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, OR THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, OR FOR DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Disclaimer of Warranties
We have put in a great deal of effort to provide the Platform and Services to you. We hope you find them valuable, but there are certain things we can’t promise about them. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE PLATFORM, SERVICES, AND ANY CONTENT IS AT YOUR SOLE RISK. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER ARGO NOR ITS ASSOCIATES MAKE ANY WARRANTY, EITHER EXPRESS OR IMPLIED, ABOUT THE PLATFORM OR SERVICES. THE PLATFORM AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ARGO NOR ITS ASSOCIATES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM OR SERVICES. WITHOUT LIMITING THE FOREGOING, ARGO AND ITS ASSOCIATES DO NOT REPRESENT OR WARRANT THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM, SERVICES, OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS IN INFORMATION OR MATERIALS ON THE PLATFORM OR SERVICES, AND ARGO MAKES NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS OR TIMELINESS OF SUCH INFORMATION OR MATERIALS. ARGO PROVIDES NO GUARANTEES AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. ARGO EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OR MATERIALS CONTAINED ON THE PLATFORM OR SERVICES.
ARGO MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE LIKELIHOOD OR PROBABILITY THAT YOUR PARTICIPATION ON THE PLATFORM OR SERVICES WILL ACHIEVE A PARTICULAR OUTCOME OR GOAL. PAST PERFORMANCE IS NOT A GUARANTEE OF FUTURE SUCCESS, AND VOLATILITY MEANS THAT PERFORMANCE IN ANY PERIOD MAY BE FAR DIFFERENT FROM THAT OF PREVIOUS PERIODS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ARGO MAKES NO GUARANTEES OR OTHER COMMITMENTS ABOUT YOUR ABILITY TO ACCESS OR USE THE PLATFORM OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARGO AND ITS ASSOCIATES ALSO DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
We do not guarantee continuous, uninterrupted or secure access to any part of the Platform or Services, and operation of our Platform and Services may be interfered with by numerous factors outside of our control, including regulatory reasons and issues with the Platform. We will make reasonable efforts to ensure that transactions are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete transactions.
Acknowledgment of Risk
Cryptocurrency is not legal tender and is not backed by the government, FDIC, or SIPC protections. You accept and acknowledge each of the following:
- To the extent that you borrow or lend using your cryptocurrency, please be aware that the price of any token is extremely volatile and fluctuations in the prices of other tokens and impact the price of your cryptocurrency both positively and negatively. Given the volatility, cryptocurrency should not be considered an investment. You assume all risks in that regard;
- You assume all risks associated with using cryptocurrency and using the Platform and Services, including, but not limited to, the risk of financial loss, hardware, software and internet issues, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your device(s) and wallet(s); and
- Tokens, cryptocurrencies, and blockchain technology are relatively new and the regulatory landscape is unsettled. New regulations could negatively impact such technologies impacting the value for your cryptocurrency. You understand and accept all risk in that regard.
Representations & Warranties
You represent and warrant to Argo each time you use the Platform or Services as follows:
- That, if you are an individual user of the Platform or Services, you are 18 years of age or older;
- That, if you are using the Platform or Services on behalf of a legal entity (1) such legal entity is duly organized and validly existing under applicable law of the jurisdiction of its organization; and (2) you are duly authorized by such legal entity to act on its behalf;
- That you are not subject to or reside in a Restricted Jurisdiction;
- That you are not otherwise prohibited by applicable law from using the Platform and Services;
- That you understand the risks associated with using the Platform and Services;
- That you have had the opportunity to seek legal, accounting, taxation and other professional advice regarding this Agreement, Platform, and Services;
- That you will not falsify or materially omit any information or provide misleading or inaccurate information requested by Argo in the course of, directly or indirectly relating to, or arising from your activities on the Platform or use of the Services, and that if any information provided to Argo becomes incorrect or outdated, you will promptly provide corrected information to Argo;
- That you acknowledge and agree that any wallet you use in connection with the Platform or Services, other than a wallet provided by Argo to enable interaction with the Platform or Services, is wholly controlled and owned by you and that Argo does not have any right, title or interest to the wallet, except as otherwise set forth herein;
- That you will not use the Platform or Services in order to conceal or disguise the origin or nature of proceeds of crime or terrorist financing, or to further, any breach of applicable law, or to deal in any unlawful property, funds, or proceeds;
- That neither you nor any of your affiliates has directly or indirectly offered, promised, given, or authorized any payment, or offered, promised, given, or authorized the giving of anything else of value, including, but not limited to, any token, to a government official or individual employed by another entity in the private sector in violation of any applicable law;
- That you consent to any and all tax and information reporting under applicable law;
- That neither you nor any of your affiliates will use the Services directly or indirectly (i) on behalf of or for the benefit of any person subject to the jurisdiction of a Restricted Jurisdiction; (ii) in violation of or as prohibited, restricted, or penalized under applicable law; or (iii) in any way that would violate, be inconsistent with, penalized under, or cause the omission of filing of any report required under applicable law;
- That you will not falsify or materially omit any information or provide misleading or inaccurate information requested by Argo in the course of, directly or indirectly relating to, or arising from your activities on the Platform, including but not limited to, registration or other due diligence process, and that if any information provided to Argo becomes incorrect or outdated, you will promptly provide corrected information to Argo; and
- That you will accurately and promptly inform Argo if you know or have reason to know whether any of the foregoing representations or warranties no longer is correct or becomes incorrect. You acknowledge and agree that Argo operates and administers the Platform, but Argo is (1) not a counterparty to any purchase or sale of tokens by and between you and any third-party, including, but not limited to, the purchase of tokens; and (2) is not a counterparty to any Smart Contracts you enter into by and between you and any other user of the Platform or Services. Argo has no financial responsibility or liability for any failure of market participants to honor their financial obligations.
You acknowledge and agree that you have had the opportunity to consult legal counsel in connection with this Agreement even if you chose not to do so. You further acknowledge and agree that this Agreement will not be construed against Argo as drafter.
Please note that it is our policy to comply with all facially valid subpoenas, court orders or binding orders issued to us by law enforcement agencies and other government authorities. This may affect your access to our Services. We are not responsible for any losses, whether direct or indirect, that you may incur as a result of our compliance with applicable law, the guidance or direction of any regulatory authority or government authority, or any writ of attachment, lien, levy, subpoena, warrant, or other legal order.
Comments and Questions
If you choose to provide us with input or suggestions regarding problems with or proposed modifications or improvements to the Platform or Services (“Feedback”), then you grant to us a non- exclusive, royalty-free, perpetual, irrevocable, transferable, sublicensable, and global right to use and exploit the Feedback in any manner and for any purpose without any restriction, credit, attribution, or fees due to you.
Governing Law; Venue and Arbitration
You agree to arbitrate any dispute arising from these Terms or your use of the Platform and Services. Arbitration prevents you from suing in court, litigating through a class action lawsuit, or from having a jury trial. You agree to notify each other in writing of any dispute within sixty days of when it arises. In addition, you agree:
- To make reasonable attempts for informal resolution prior to any demand for arbitration;
- That any arbitration will occur in the United States;
- That any arbitration will be conducted confidentially by a single arbitrator, selected by a third- party arbitration forum;
- That you cannot litigate any disputes arising from your use or access to the Platform through class action lawsuits;
- That the state and federal courts in San Francisco, California, United States have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration;
- That the arbitrator has the authority to grant any remedy that would otherwise be available in court; and
- That the parties shall split the costs and expenses of any arbitration and bear their own legal costs and expenses.
Any dispute between you and Argo will be governed by these Terms and the laws of the State of California, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
You will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
Class Action Waiver
BY USING THIS SITE AND AGREEING TO THESE TERMS, YOU HEREBY WILLINGLY, EXPRESSLY, AND KNOWINGLY WAIVE ALL RIGHT TO BRING OR PARTICIPATE IN ANY CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR PRIVATE ATTORNEY-GENERAL ACTION BROUGHT UNDER OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE PLATFORM. YOU MAY NOT BRING ANY CLAIM, SUIT, OR OTHER PROCEEDING TO ENFORCE THESE TERMS AS THE MEMBER OF ANY CLASS OR AS PART OF ANY SIMILAR COLLECTIVE OR CONSOLIDATED ACTION.
Termination and Suspension These Terms are effective until terminated by us. Argo, in its sole discretion, has the right to terminate your access to the Platform or Services, or any part thereof, immediately at any time. We reserve the right, in our sole and absolute discretion, to restrict, suspend, or terminate your access to all or any part of the Platform or Service, or to terminate this Agreement at any time without prior notice or liability if you breach any provision of this Agreement or violate the rights of any third-party on or through the Platform. We reserve the right to change, suspend, or discontinue all or any part of the Platform at any time without prior notice or liability. Argo is not liable to you or any third-party for termination of your access to the Platform or Services, or any part thereof. If you object to any of the requirements, statements, or obligations of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Platform or Services in any way, your only recourse is to immediately discontinue use of the Platform and/or Services. Upon termination of these Terms, you will cease all use of the Platform and Services.
Relationship of the Parties
You agree that no joint venture, partnership, employment or agency relationship exists between you and Argo as a result of this Agreement or use of the Platform or Services.
We shall have no liability for any failure or delay resulting from any abnormal or unforeseeable circumstances outside our reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary, including without limitation governmental action or acts of terrorism, war, earthquake, fire, flood, or other acts of God, labor conditions, delays or failures caused by problems with another system or network, mechanical breakdown or data-processing failures or where we are bound by other legal obligations.
ANY DISPUTE YOU HAVE WITH ANY THIRD-PARTY, INCLUDING, BUT NOT LIMITED TO, OTHER USERS, IN CONNECTION WITH YOUR USE OF THE PLATFORM OR SERVICES IS DIRECTLY BETWEEN YOU AND SUCH THIRD-PARTY. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU IRREVOCABLY RELEASE ARGO AND ITS ASSOCIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (DIRECT, INDIRECT, AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
This Agreement will inure to the benefit of our successors and assigns. Argo may assign this Agreement, including all its rights hereunder, without restriction. You may not assign this Agreement or any of the rights or licenses granted hereunder without the prior express written consent of Argo.
We reserve the right to change this Agreement at any time upon notice. We may give notice by posting the updated Agreement on the Platform or by any other reasonable means. You can review the most current version of this Agreement at any time. This Agreement in effect at the time of your use of the Platform apply. Updated versions of the Agreement are binding on you with respect to your use of the Platform on or after the date indicated in the updated Agreement. If you do not agree to the updated Agreement, you must stop using the Platform. Your continued use of the Platform after the date of the updated Agreement will constitute your acceptance of the updated Agreement.
The respective indemnities, representations, warranties and agreements of the parties hereto or made by or on behalf of the parties hereto pursuant to this Agreement will survive the termination of this Agreement indefinitely and will remain in full force and effect and all defined terms used therein will survive the termination of this Agreement indefinitely.
Waiver and Conflict
No waiver of by Argo of any term or condition set out in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Argo to assert a right or provision under these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
This Agreement is not intended and shall not be construed to create any rights or remedies in any parties other than you and us and any affiliates which each shall be a third-party beneficiary of this Agreement, and no other person shall assert any rights as a third-party beneficiary hereunder.