This Statement of Rights and Responsibilities ("Statement") derives from our operating rules that govern our relationship with Transport Company Subscribers, Employees engaged on behalf of the Transport Company and others who interact with Arghon Transport including software developers. By using or accessing Arghon Transport, The Company and Driver agree to this Statement.
Arghon Transport owns non-exclusive rights to content and information you post or provide in accounts on Arghon Transport. In addition:
a) For content that is covered by intellectual property rights, such as, but not limited to, photos and videos ("IP content"), you specifically give us the following permission. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Arghon Transport ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
b) When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
c) We always appreciate your feedback or other suggestions about Arghon Transport, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
Arghon Transport charges a nominal monthly maintenance fee to use Arghon Transport software and services, Arghon transport waives such fee for the first year of service for accounts that are created before June 1, 2016 and further reserves the right to waive said fees in the future.
You agree that Arghon Transport services the right to reinstate said fees by posting a notice on website with a minimum of 30 days before said fee changes take effect.
You agree to pay Arghon Transport for the following monthly software licensing charges on a timely basis as agreed to in the Arghon Transport Subscriber Agreement:
a) Monthly charges for Arghon Transport Dispatch software
b) Monthly charges for Arghon Driver app license
a) You agree and authorize Arghon Transport to collect funds (monies) for the payment of services (including transport fares, tips, taxes and tolls) on your behalf. Such funds will be placed in a special Arghon Transport account reserved specifically for said purpose and are not to be commingled with any other Arghon Transport funds.
b) You agree that said funds referenced in section a, will be distributed weekly, within 14 business days, to the account identified in the Arghon Transport company profile record.
c) You agree to hold Arghon Transport harmless for any delays in said funds transfer that results from Acts of God, incorrect or incomplete bank account information in your company profile or any issues that are beyond the direct control of Arghon Transport.
d) You agree that Arghon Transport will deduct the cost of any credit or debit card transaction fees from said funds with the remainder to be transferred.
e) You agree that Arghon Transport will deduct an 8% referral fee from the funds to be transferred as the cost of providing referral for any ride originating though the Arghon A.I. software.
f) You agree to immediately return any funds that may be accidentally or incorrectly transferred by Arghon Transport to an account in your possession when notified by Arghon Transport to do so.
g) You agree to immediately return funds resulting from unauthorized credit or debit card transactions that have been transferred to an account you control upon notification by Arghon Transport. You further agree that Arghon Transport at its sole discretion, may choose to deduct the unauthorized funds from future or current funds that are to be transferred to your account.
h) You authorize Arghon Transport to deduct the monthly software usage fee from the bank account associated with the Arghon transport account.
We do our best to keep Arghon Transport users safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
a) You agree to direct employees and/ or contracted drivers operating on your behalf to adhere to the safety notification in the Arghon Transport drivers App. Specifically, drivers are warned not to use the app while the vehicle is in motion. Drive App users should first park their vehicle in a safe, authorized and secure location while operating the App.
b) You agree to not send or otherwise post unauthorized commercial communications (such as spam) on Arghon Transport.
c) You agree to not collect users' content or information, or otherwise access Arghon Transport, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
d) You agree to not engage in unlawful multi-level marketing, such as a pyramid scheme, on Arghon.
e) You agree to not upload viruses or other malicious code.
f) You agree to not solicit login information or access an account belonging to someone else.
g) You agree to not offer any contest, giveaway, or sweepstakes ("promotion") on Arghon Transport without our prior written consent. If we consent, you agree to take full responsibility for the promotion, and will follow any guidelines we stipulate and agree to abide by all laws.
h) You agree to not use Arghon Transport for any unlawful, misleading, malicious, or discriminatory conduct.
i) You agree to not do anything that could disable, overburden, or impair the proper working of Arghon Transport, such as a denial of service attack.
j) You agree to not facilitate or encourage any violations of this statement.
Arghon Transport users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
a) You agree to not provide any false personal or company information on Arghon Transport, or create an account for anyone entity other than a company that you have legal and explicit authorization to do so.
b) You agree that to create Arghon Transport account you must be a licensed and bonded Taxi, Livery or limousine company, register to do business in the local jurisdiction for the address or location you provided during account creation.
c) You agree to not pick up passengers in any jurisdiction you are not licensed to do so.
d) You agree to keep your Arghon Transport account information accurate and up-to-date in a timely manner.
e) You agree to not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your Arghon Transport account.
f) You agree to not transfer your Arghon Transport account to anyone without first getting our written permission.
g) If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
We respect other people's rights, and expect you to do the same.
a) You agree to not post content or take any action on Arghon Transport that infringes or violates someone else's rights or otherwise violates the law.
b) We reserve the right to remove any content or information you post on Arghon Transport if we believe that it violates this Statement.
c) If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
d) You agree to not use our logos, copyrights or trademarks (including Arghon, Total Life Assistant, and Arghon Transport), or any confusingly similar marks, without our written permission.
If you are a developer or operator of a Platform application or website, the following additional terms apply to you:
a) You are responsible for your application and its content and all uses you make of our Platform. This includes ensuring your application or use of Platform meets developer guidelines.
b) Your access to and use of data you receive from Arghon Transport, will be limited as follows:
c) You agree to not give us information that you independently collect from a user or a user's content without that user's consent.
d) You will make it easy for users to remove or disconnect from your application.
e) You will make it easy for users to contact you. We can also share your email address with users.
f) You will provide customer support for your application.
g) You agree to not show third party ads or web search boxes on Arghon Transport user profiles or Pages.
h) We give you all rights necessary to use the code, APIs (along with all data received), or tools we provide to you, but only in connection with your application.
i) You agree to not sell, transfer, or sublicense our code, APIs, or tools to anyone.
j) You agree to not misrepresent your relationship with Arghon Transport to others.
k) We can issue a press release describing our relationship with you.
l) You will comply with all applicable laws. In particular you will (if applicable):
i. Have a policy for removing infringing content and terminating repeat infringers that complies with the Digital Millennium Copyright Act.
ii. Comply with the Video Privacy Protection Act ("VPPA"), and will obtain explicit, opt-in consent from users prior to sharing with Arghon Transport user data subject to the VPPA. You acknowledge Arghon Transport has no obligations under the VPPA.
m) We do not guarantee that Platform will always be free.
n) You give us all rights necessary to enable your application to work with Arghon, including the right to incorporate content you provide to us into streams, profiles, and user action stories.
o) We can analyze your application, content, and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search).
p) To ensure your application is safe for users, we can audit it.
q) We can create applications that offer similar features and services to, or otherwise compete with, your application.
You can target your specific audience by buying ads on Arghon Transport or our publisher network. The following additional terms apply to you if you place an order through our platform:
If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following:
If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for Arghon Transport, we can stop providing all or part of Arghon Transport services to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2 (b), 2.(d), 3(e), 8.(b), 9.(a)-9(c), 9(i), 9(j) , 9 (m), 9(o), 9.(r), 10(c) 11(b), 11(e), 11(f), 11(i), 11(l), 11(m) , and 14(q).
a) You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Arghon Transport exclusively in a state or federal court located in Westchester County. The laws of the State of New York will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Westchester County, New York for the purpose of litigating all such claims.
b) If anyone brings a claim against us related to your actions, content or information on Arghon Transport, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
c) WE TRY TO KEEP Arghon Transport UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING Arghon Transport "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT Arghon Transport WILL BE SAFE OR SECURE. Arghon Transport IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR Arghon, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR Arghon Transport WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, Arghon's LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States: