TERMS OF SERVICE
These Terms of Service (these “Terms”) shall govern your access to and use of certain services, as hereinafter defined, provided by Syntransys, LLC, d/b/a Link (“Link”) and your use of the Link Services is expressly conditioned on your acceptance of these Terms and compliance with these Terms. By utilizing the Link Services you agree to be bound by these Terms (where “you” or “your” is used in these Terms it shall refer to the person accessing or using the Link Services).
You may have downloaded certain software (the “Software”) developed and owned by a third party software developer (the “Developer”), pursuant to certain terms and conditions of use as agreed to by you and Developer;
You may have accessed a website, the home page of which is located at the following url: [ www.RideWithLink.com ] (the “Website”) owned and operated by Link;
The Software and the Website may permit you to access certain transportation services from independent third party providers of transportation services (“Third Party Providers”), exclusively upon the terms and conditions set forth in these Terms;
Access to these Third Party Providers through the Software or the Website has value and by utilizing the Link Services (defined below) you agree to be bound by these Terms.
LINK DOES NOT, ITSELF, PROVIDE TRANSPORTATION SERVICES AND THESE TERMS INCLUDE WAIVERS AND RELEASES OF, AMONG OTHER RIGHTS, ANY CLAIMS YOU MAY HAVE AGAINST LINK RESULTING FROM TRANSPORTATION SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT USE THE SERVICES. BY USING THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS.
TERMS AND CONDITIONS:
- Basic Terms
- Use. You may access Link’s Transportation Network (known herein as the “Network”), as described in this Section, only pursuant to the terms and conditions of these Terms. For the purpose of these Terms, the “Network” describes a collection of Third Party Providers that Link has networked together for the purpose of facilitating access to those Third Party Providers (who provide all kinds of transportation services) by the users (the “Link Service(s)”). The Link Service may be accessed through the use of Link’s website (the “Website”) or the Software. The use of Link Services may subject you to additional agreements, terms and conditions between you and third parties. For example, your use of the Software is pursuant to any applicable agreements between you and the Developer governing your use of the Software; your use of Third Party Providers for transportation services is pursuant to your agreement to the terms and conditions of those Third Party Providers regarding use of their transportation services (the “Third Party Provider Agreements”). Link is completely independent from the Third Party Providers and does not, itself, provide transportation or travel services.
- Restrictions and Limitations. You shall not (A) copy, or otherwise reproduce in any fashion, the Link Services or any part thereof; (B) modify, create derivative works from, distribute, publicly display, publicly perform, or sublicense the Link Services; and (C) allow third parties to exploit the Services. No part of these Terms gives you any interest in, or title to, the ownership of any copy or of the Software or any right to the Link Services, except according to the terms and conditions of these Terms. The Link Services expressly exclude technical support, training, user manuals, accompanying documentation, source code, or any other information or support related to the Link Services or Software.
- Age Restriction. You shall not use the Link Services if you are under the age of eighteen (or the age of majority in the jurisdiction in which you reside) or if you are otherwise unable to enter into valid contracts because of an incapacity.
- Third Party Users. “Third Party User(s)” are persons, other than yourself, who operate, activate, or otherwise utilize the Link Services through your account or your Device (“Device” means any smartphone, computer, tablet, or other technology used to access and operate the Link Services). These Terms apply to all Third Party Users using your Device with or without your permission. You are liable for any violation of these Terms by a Third Party User. You are liable for any statute, regulation, code, ordinance, or law violated by a Third Party User in connection with these Terms or the Link Services.
- Information Requirements Related to Use. You may be required, in order to utilize the Link Services, to provide certain identifying information and location information. Additionally, the Website or the Software may collect information about location, preferences, and use of the Link Services. Information provided as a result of using the Services, or collected through the Website or the Software, shall not be considered confidential or private and Link (to the extent that Link has access to such information) may share any information with Third Party Providers and other parties (including advertisers) in its exclusive discretion. You agree that any information that you share through the Link Services shall be true, accurate and complete.
- Pricing and Payment.
- THIRD PARTY PROVIDER PAYMENTS. YOU SHALL BE SOLELY RESPONSIBLE FOR ALL FEES, CHARGES, TAXES RELATED TO THE TRANSPORTATION ARRANGED THROUGH THE LINK SERVICES. SUCH FEES, CHARGES, AND TAXES MAY VARY CONSIDERABLY FROM THIRD PARTY PROVIDER TO THIRD PARTY PROVIDER AND MAY, OR MAY NOT, BE REGULATED BY A GOVERNMENTAL AGENCY. PAYMENT FOR ALL FEES, CHARGES, TOLLS, AND TAXES MUST BE MADE DIRECTLY TO SUCH THIRD PARTY PROVIDER ACCORDING TO THE PAYMENT POLICIES OF SUCH THIRD PARTY PROVIDER AND LINK MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUCH PAYMENT POLICIES AND PRICING.
- BOOKING FEES. In some areas Link charges a booking fee for each individual transaction where you use the Link Services. You shall be solely responsible for the payment of such booking fee, where applicable, in addition to, and not in substitution of, the required fees of the Third Party Provider (for which you are also responsible and which are addressed in the preceding sub-section (i).
- PROMOTIONAL OFFERS. From time to time either Link or a Third Party Provider may offer a promotional offer or code (for the purposes of this subparagraph (e)(iii) a “Promotion”) that may be accessed or redeemed using the Software or the Website while accessing the Link Services. Each and every Promotion is a limited time offer and either Link or the Third Party Provider may modify or terminate the Promotion at any time, even if Link is not the party offering the Promotion. Promotions shall not alter the application of, ore responsibility for, any taxes owed by you as a result of your use of the Link Services or your use of transportation or travel services that you may arrange through the Link Services. Promotions may not be applied to prior uses of the Link Services or any transportation or travel services arranged through the Link Services that have already been booked or already occurred. Promotions are not transferrable and may not be redeemed for cash. Any violation of these Terms will void all Promotions.
- Independent Third Party Providers. Link does not provide transportation or travel services and it does not conduct any due diligence, quality control measurements, license checks, background checks, insurance verification or any other substantiation of Third Party Providers with whom you may arrange for travel or transportation services through the Link Services. Third Party Providers may or may not be regulated as transportation providers by a governmental or quasi-governmental authority; they may or may not carry insurance; they may or may not feature drivers and equipment that comply with applicable law. You accept transportation and travel services from Third Party Providers at your exclusive risk.
- Mobile Phone Charges. The use of the Link Services may result in communications to your mobile phone (such as SMS, text messages, emails, or other electronic communications means) either directly from Link, automatically through the Website or the Software, from Third Party Providers, or from advertisers using the Link Service to advertise. You may incur fees from the provider or carrier of the mobile services and you are solely responsible for the payment of such fees, charges, and applicable taxes.
- Changes to the Link Services. From time to time, in its sole discretion, and without notice to you, Link may change the Link Services. Changes to the Link Services will become part of the Link Services and will be subject to the provisions of these Terms.
- Compliance with Law. You shall not use the Link Services, nor suffer the Link Services to be used, in violation of the law or for the purpose of violating the law, including but not limited to, (i) the transportation of illegal substances of any kind or of hazardous substances of any kind, (ii) human trafficking, or the facilitation of, human trafficking, (iii) transportation related to, or in facilitation of, prostitution or immoral acts, or (iv) engaging in, or facilitating, the harassment or stalking of any person. You shall not use the Link Services under a false name or utilizing another person’s identity or personal information. Link will actively cooperate with law enforcement and government agencies to prosecute users that utilize the Link Service to violate the law.
- Advertising. In consideration of Link’s permitting you to use the Link Services, Link may, from time to time in its discretion, include advertisements with the displays that accompany the delivery of the Link Services. These advertisements may be targeted to you based on information that Link or third parties have collected about you as a result of your use of the Link Services.
- Electronic Transmission. The Link Services are provided utilizing online resources and internet based applications (even in instances where Link Services are engaged over the phone or in other offline means) and necessarily include the electronic transmission of information. You consent to the electronic transmission of information that pertains to you that may be provided by you to Link or collected by Link, its agents or contractors, the Developer, or Third Party Providers.
- Trademarks and Intellectual Property. The limited license to use the Link Services, as described in Section 1 of these Terms, expressly excludes any right to, or interest in, the trademarks (whether or not registered with the United States or any other domestic or foreign government) (the “Marks”) that are incorporated in and used in conjunction with the Link Services. Link expressly reserves and retains all right, title, and ownership in and to the Marks and all goodwill derived from the use of the Marks.
- Third Party Content. Link may permit other users of its Link Services, Third Party Providers, or other third parties to supply information or advertisements that may become visible to you as you access the Link Services. Additionally, the Link Services may facilitate hyperlinks or other means for you to leave the Website or the Software for websites or applications that are not associated with the Link Services. Link does not control or endorse the content or information provided by these third parties or presented on these third party websites or by these third party applications. Link does not guaranty or support in any manner the accuracy or quality of this information. Link shall not be responsible for the any content, products, materials, practices, services, features, or information of any kind available through these third parties.
- Warranty Disclaimer. LINK MAKES NO WARRANTIES IN CONNECTION WITH THE LINK SERVICES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LINK PRESENTS THE LINK SERVICES, AND YOU AGREE THAT THE LINK SERVICES ARE USED BY YOU, “WITH ALL FAULTS” AND ON AN “AS IS, WHERE IS” BASIS. THE SERVICES ARE USED AT YOUR OWN RISK.
LINK EXPRESSLY DISCLAIMS ANY WARRANTIES AND REPRESENTATIONS RELATED TO THE AVAILABILITY OF THE LINK SERVICE. THE LINK SERVICE MAY NOT BE AVAILABLE AT ANY TIME, OR FROM TIME TO TIME DUE TO TECHNICAL MALFUNCTIONS IN THE SERVICE, SCHEDULED OR EMERGENCY MAINTENANCE TO THE WEBSITE OR THE SOFTWARE, OR FOR ANY OTHER REASON (OR NO REASON) IN THE DISCRETION OF LINK. YOU WAIVE ALL CLAIMS RELATED TO THE AVAILABILITY, OR LACK THEREOF, OF THE LINK SERVICES.
LINK DOES NOT, ITSELF, PROVIDE TRANSPORTATION SERVICES AND ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS THAT YOU ARRANGE THROUGH LINK ARE SEPARATE AND DISTINCT TRANSACTIONS BETWEEN YOU AND THE THIRD PARTY PROVIDER PROVIDING THAT SERVICE.
- Indemnified Parties & Claims. The “Indemnified Parties” are Link and its officers, directors, shareholders, members, parents, subsidiaries, agents, insurers, successors, and assigns. An “Indemnified Claim” is any claim, suit, or proceeding against the Indemnified Parties arising out of, related to, or alleging (i) any injury, death, damage to personal property or other claims arising from transportation services provided by a Third Party Provider with whom travel is arranged using the Link Services, (ii) the use or sharing of your information, (iii) your violation of these Terms, (iv) the loss of your information through a data breach, and (v) any damage to technology that interfaces with the Website or the Software for any reason.
- Indemnity. You shall indemnify, defend, and hold the Indemnified Parties harmless against any Indemnified Claim. The obligations set forth in the preceding sentence include, without limitation, retention and payment of attorneys and payment of court costs, as well as settlement at your expense, payment of judgments, or both. The indemnity provisions under this Section 5 and these Terms extend to any Indemnified Claim brought by a Third Party User or against a Third Party User where Link is a named defendant.
- Litigation. The Indemnified Party may control the defense of any Indemnified Claim, including appeals, negotiations, and any settlement or compromise thereof.
- Limitation of Liability. YOU UNDERSTAND THAT THE SERVICES ARE ONLY PROVIDED BASED ON YOUR AGREEMENT TO THE TERMS AND CONDITIONS OF THESE TERMS INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING LIMITATIONS ON THE LIABILITY OF LINK.
YOU HEREBY WAIVE ANY AND ALL CLAIMS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE, AGAINST LINK AS A RESULT OF (i) THE USE OF THE LINK SERVICES, (ii) THE USE OF THE WEBSITE OR THE SOFTWARE, AND (iii) THE USE OF ANY TRANSPORATION SERVICES ARRANGED FOR THROUGH THE LINK SERVICES.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL LINK, NOR ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, AGENTS OR CONTRACTORS (THE “LINK PARTIES”) BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, GOODWILL LOST OPPORTUNITIES OR BUSINESS INTERUPTIONS). THE LIABILITIES LIMITED BY THIS SUBSECTION APPLY: (A) TO LIABILITY FOR NEGLIGENCE; (B) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (C) EVEN IF LINK IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (D) EVEN IF YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits the application of the provisions of this Subsection, the Link Parties’ liability will be limited to the maximum extent permissible by law.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE LINK PARTIES BE LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY THIRD PARTY PROVIDERS THROUGH WHOM TRANSPORTATION SERVICES ARE ARRANGED FOR USING THE LINK SERVICES.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE LINK PARTIES BE LIABLE FOR ANY DELAY, CANCELLATION, ACTS OF THIRD PARTY PROVIDERS, ADDITIONAL EXPENSES, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENTAL ACTOR.
- Termination; Exclusion. The Services may be terminated at any time and without notice in the sole and exclusive discretion of Link. Additionally, Link may continue to offer the Link Services but exclude you from the continued use of the Link Services at any time and for any reason. YOU AGREE THAT LINK SHALL NOT BE LIABLE FOR YOUR EXCLUSION FROM USE OF THE LINK SERVICES.
- Arbitration. All disputes and claims relating to these Terms or any other agreement entered into between the parties, the rights and obligations of the parties, or any other claims or causes of action relating to the making, interpretation, or performance of either party under these Terms shall first be submitted to mediation and, if not settled by mediation (formal or informal), shall be settled by arbitration in Charleston West Virginia, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The right and duty of the parties to these Terms to resolve any disputes by arbitration shall be governed by the Federal Arbitration Act, as amended. The following shall supplement and, in the event of a conflict, shall govern any arbitration. Each party shall appoint its own arbitrator (who may or may not be on AAA list of arbitrators, or an attorney), who together shall select a person from the AAA approved list to serve as the neutral arbitrator. The party-appointed arbitrators shall not participate in the rest of the proceedings, and all decisions and/or rulings shall be made by the neutral arbitrator. Each party shall bear their own costs of arbitration; however, the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify the terms of the Terms. To the extent permitted by applicable law, no issue of fact or law shall be given preclusive or collateral estoppel effect in any arbitration, except to the extent such issue may have been determined in another proceeding between the parties. Judgment upon the award of the arbitrator shall be submitted for confirmation to the United States District for the Southern District of West Virginia; and, if confirmed, may be subsequently entered in any court having competent jurisdiction. This agreement to arbitrate shall survive any termination or expiration of these Terms. YOU HEREBY WAIVE YOUR RIGHT TO A JURTY TRIAL WITH RESPECT TO ALL DISPUTES ARISING UNDER THESE TERMS OR ANY MATTERS ARISING HEREUNDER.
- Notice Address. Notices may be mailed to Link at [Post Office Box 166, Charleston, West Virginia 25321 insert address].
- Assignment. You may not assign or transfer these Terms. Link may assign or transfer these Terms without notice or consent.
- Choice of Law & Jurisdiction. These Terms will be governed solely by the internal laws of the State of West Virginia, without reference to such State’s principles of conflicts of law. The parties consent to the personal and exclusive jurisdiction of the federal and state courts of West Virginia.
- Severability. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of these Terms invalid or otherwise unenforceable in any respect. In the event that a provision of these Terms is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of these Terms will continue in full force and effect.
- Entire Agreement. These Terms sets forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to the subject matter hereof. Neither party has relied upon any such prior or contemporaneous communications.
- Amendment. These Terms may be amended at anytime by Link. Continued use of the Link Services following an amendment to these Terms shall constitute your acceptance of the Terms as amended.