Link Microtransit / Transit On-Demand Application Terms of Use
Effective Date: These Terms of Use became effective on August, 1 st , 2020.
These Link Microtransit / Transit On-Demand Terms of Use (" Terms ") apply to Link Microtransit / Transit On-Demand application and may be accessed through mobile applications or our website (collectively, the " Services "). The Services are owned by Cityway USA Inc ("Cityway").
The "Services" provide a software platform that allows registered users to search, book and receive
On-Demand Transit rides from independent third-party providers of transportation. You acknowledge that Cityway is not a transportation provider and does not provide transportation services.
Cityway Third-Party Partners: The Services may be offered in partnership with other third parties such as municipalities, not-for-profit organizations, and private corporations. For example, Cityway may enter into an agreement with a city or corporation to subsidize and/or promote the Services; or Cityway may license certain technologies in order to provide the Services. Affiliates are beneficiaries of the following sections: Limitation of Liability; Waiver, and Dispute Resolution of these Terms.
Please carefully read these Terms before using the Services, as they affect your legal rights and obligations. You agree to these Terms by accessing or using the Services. If you do not agree to be bound by all of these Terms, do not use the Services.
When using particular services or features of the Services, in addition to these Terms, a separate guidelines document, payment terms or end user license agreement may apply to your use of that service or feature ( "Additional Terms" ). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
Arbitration Notice: Except for certain types of disputes described in the Arbitration Agreement/Governing Law/Class Action Waiver/Dispute Resolution Section below, you and Released Parties (defined below, which includes, without limitation Cityway and Cityway USA, Inc.) agree that disputes between you and Cityway will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
Please also review our Privacy Policy .
TABLE OF CONTENTS
OWNERSHIP OF SERVICES CONTENT
YOUR LICENSE TO USE SERVICES CONTENT ON CITYWAY'S SERVICES
MEMBERSHIP, REGISTRATION & ACCESS CONTROLS
INFORMATION AND CONTENT YOU SUBMIT
UNSOLICITED IDEAS
USER INTERACTIONS AND DISPUTES
ACCEPTABLE USE POLICY: USAGE RULES
VIRAL DISTRIBUTION
DOWNLOADS
THIRD PARTY LINKS AND CONTENT
LINKING POLICY
SWEEPSTAKES, CONTESTS, AND PROMOTIONS
DISCLAIMER OF WARRANTIES WAIVER
LIMITATION OF LIABILITY; WAIVER
INDEMNIFICATION
YOUR OBLIGATIONS WHEN ACCESSING THE SERVICES
E-COMMERCE
TERMINATION
LOCATION OF THE SERVICES AND TERRITORIAL RESTRICTIONS
ARBITRATION AGREEMENT/GOVERNING LAW/CLASS ACTION WAIVER/DISPUTE RESOLUTION
MISCELLANEOUS
CHANGES TO THESE TERMS
SPECIAL TERMS FOR APPLE iOS DEVICES
CONTACTING US
OWNERSHIP OF SERVICES CONTENT
Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Services, including, without limitation, past present and future versions; domain names; graphics; layout; text; instructions; images; trademarks, logos, and service marks; audio; music; videos; designs; games; technology; applications; artwork; information; data; compilations; any and all copyrightable material (including without limitation source and object code); the "look and feel" of the Services; the compilation, assembly and arrangement of the materials of the Services; and all other materials related to the Services (" Services Content ") are owned, controlled or licensed by Cityway , its subsidiaries or affiliates, and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties.
The Services Content may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, except with the express permission of Cityway as is expressly provided in these Terms. Any unauthorized use of the Services Content is prohibited.
YOUR LICENSE TO USE SERVICES CONTENT ON CITYWAY'S SERVICES
You may visit our Services without further permission from Cityway and Cityway grants you a limited, personal, non-exclusive, non-commercial, revocable, non-sublicensable, non-assignable, and non-transferable license to view and use the Services Content, except as may be specifically restricted by purchase or similar requirements. This license is subject to your full compliance with these Terms. When you view or use the Services Content, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Services Content; and (c) not copy or adapt any object code associated with the Services or reverse engineer, modify or attempt to discover any source code associated with the Services, nor allow or assist any third party to do so (whether or not for your benefit). You also agree that you will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy or distribute the Services Content (except as may be a result of standard search engine or Internet browser usage).
MEMBERSHIP, REGISTRATION & ACCESS CONTROLS
Certain areas of the Services may require registration or may otherwise ask or require you to provide information to participate. When you choose to provide information to the Services, you agree to provide only true, accurate, current and complete information. If you submit personal information to register for an account with Cityway or to otherwise participate in any services, that information will be governed by the Privacy Policy .
If you register with us, you agree you will not sell or otherwise transfer your membership or any membership rights. Cityway reserves the sole right (but is under no obligation) to update, modify, replace, or alter any of the Services, in whole or in part, from time to time without any liability to you. Cityway reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice.
You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Services. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Services, including, without limitation, those governing your transmission or use of any software or data.
INFORMATION AND CONTENT YOU SUBMIT
The Services may provide you the opportunity to post content publicly such as through interactive features (e.g. a sweepstakes, contest, promotion or surveys) and other communication functionality on the Services. Such features/functionality may allow you to submit questions, comments, or other content (collectively, " User Content ").
Except as otherwise described in the posted Privacy Policy or other agreement on the Services where you provide your User Content, you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned.
You agree that you either: (i) own the rights to the User Content you submit and the right to grant Cityway all of the rights and licenses you grant in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant Cityway the licenses you grant in these Terms. Upon Cityway’s request, you will furnish Cityway any documentation, substantiation or releases necessary to verify your compliance with these Terms.
Cityway is not responsible for the substance of any User Content and User Content does not necessarily reflect the views of Cityway. Cityway is under no obligation to monitor User Content but may do so in its sole discretion, and may remove or refuse to post any User Content for any reason in its sole discretion.
You remain the owner of your User Content, but you acknowledge that Cityway must have a license from you in order to accept your User Content. Accordingly, you grant to Cityway an unrestricted, worldwide, irrevocable, perpetual, transferable and royalty-free license (but not obligation) to host, use, copy, distribute, display, perform, modify, translate, store or otherwise exploit all or any portion of your User Content for any purpose whatsoever in all formats, on or through any media, technology or device now known or hereafter developed.
You further agree that Cityway is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, creating manufacturing and marketing transportation services; creative properties, logos, characters, and/or stories; products and services; and informational articles, without any payment of any kind to you. You authorize Cityway to publish your User Content in a searchable format that may be accessed by users of the Services and the Internet. This may include User Content that you submit through our accounts on social media websites (e.g., Facebook, YouTube, Twitter, and Instagram). To the fullest extent permitted, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
You acknowledge that Cityway may be working on or developing material similar or the same in nature to your User Content and that Cityway may have received similar or the same intellectual property rights from another party. Cityway owes you no obligation connected to your submissions unless you and Cityway enter a written agreement to that effect. Any discussion or negotiations between you and Cityway regarding your submissions does not constitute recognition of the novelty or originality of your User Content.
You agree that Cityway has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees' rights to your User Content. You further acknowledge and agree that Cityway will not have any obligation to you with regard to User Content and that Cityway may or may not monitor, display or accept your User Content and may delete it at any time.
UNSOLICITED IDEAS
Please do not send unsolicited ideas, creative suggestions and/or any related materials through the Sites or to any Released Party (defined below) (" Unsolicited Submissions "). An Unsolicited Submission is User Content as defined above. Cityway does not accept Unsolicited Submissions, including, without limitation, ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. We wish to avoid any misunderstandings when projects or services developed by or on behalf of Cityway may seem to others to be similar to their own creative ideas or materials. Therefore, please do not submit any such Unsolicited Submissions through this Services, including through a contact us feature, by email, or otherwise. However, if you decide to submit any such Unsolicited Submissions, you agree to grant to Cityway the right and license to your Unsolicited Submissions as User Content as set forth in the Section "Information and Content You Submit" above.
USER INTERACTIONS AND DISPUTES
You are solely responsible for your interaction with other users of the Services, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
ACCEPTABLE USE POLICY: USAGE RULES
When you upload or otherwise provide User Content to the Services, you agree to comply with the following Usage Rules (" Rules "):
VIRAL DISTRIBUTION
Cityway may allow you – but only through express written permission – to engage in certain personal uses of Services Content that include the ability to share Services Content with others (" Viral Distribution "). For example, a Service may allow you to send Services Content to friends, display Services Content on your personal website or post Services Content on a third party website. You understand that only Cityway can make claims, promises or statements on behalf of Cityway about its products and services and agree not to do so. You also agree that you will not imply that you and Cityway are affiliated in any way or that Cityway approves of your comments. We reserve the right to revoke our permission for Viral Distribution at any time and for any reason and you agree to immediately cease Viral Distribution upon notice of revocation and to comply with any terms we post in connection with the Viral Distribution of Services Content.
NOTICE TO THIRD PARTY SITES: Any Services Content made available in connection with your webpage, social networking site, or otherwise, by our widgets, third party widgets or otherwise is Cityway's exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of our Services Content upon notice.
DOWNLOADS
If you download any software or files from the Services, including, without limitation, any audio files, video files, data files, images incorporated in or generated by the software or files, data accompanying the download and any files transmitted to you as part of a Cityway service (collectively, the " Downloads "), you are granted a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license in such Downloads by us or the owner of the Downloads. Title to the Downloads is not transferred to you. You may own the medium on which the Downloads are recorded, but we or the owner of such Downloads retain all right, title, and interest in and to the Downloads, and all intellectual property rights in the Downloads. You may not resell, decompile, reverse engineer, disassemble or otherwise reduce the Downloads to a human-perceivable form (except to the extent any foregoing restriction is prohibited by applicable law), or transfer the Downloads to any third party. Any Downloads are done at your own discretion and risk and you will be solely responsible for any damage to your device or loss of data that results from such Downloads.
THIRD PARTY LINKS AND CONTENT
There may be links from the Services, or from communications you receive from the Services, to third party websites or online features. The Services also may include third party content that Cityway does not control, maintain or endorse. Functionality on the Services may also permit interactions between the Services and a third party website or online feature, including applications that connect the Services or your profile on the Services with a third party site (including, but not limited to, Facebook, YouTube, Twitter, and Pinterest). For example, the Services may include a button enabling you to indicate, on your social networking page, that you "like" a specific product on the Services, or a feature that lets you post to your social networking page a link to Services Content or the ability to share content from the Services or your User Content posted on the Services with a third party, which may be publicly posted on that third party’s website. Using this functionality typically requires you to login to your account on the third party site. Cityway does not control any of these third party sites or any of their content. Accordingly, you expressly acknowledge that we make no representation or warranties about the completeness, accuracy, or existence of any advertising, products, or other materials on or available from third party sites or online features and any reliance placed by you on such materials is at your own risk. If you choose to use applications that connect a Service or your profile on a Service with a third party site, you acknowledge and agree that you are consenting to the information about your account being shared; and that your use of these third party applications may cause information about you to be publicly disclosed. Neither Cityway nor its service providers are responsible for the practices of any third party. Your correspondence and business dealings with third parties found through the Services including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with any such dealings, are solely between you and the third party. You acknowledge and agree that Cityway is not liable for any loss or damage which may be incurred by you as a result of your interaction with any third party.
LINKING POLICY
Cityway grants you the revocable permission to link to the Services; provided, however, that any link to the Services: (a) must not frame or create a browser or border environment around any of the content on the Services or otherwise mirror any part of the Services; (b) must not imply that Cityway or the Services is endorsing or sponsoring any third party or its products or services, unless Cityway has given the third party prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in Cityway ’s sole opinion, harm Cityway or its products or services; (d) must not use any Cityway trademarks without the prior written permission from Cityway; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Cityway’s sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. You agree that you will not link to the Services from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate (in Cityway's sole discretion). If you do link to the Services, the link must be in plain text, unless otherwise pre-approved in writing by Cityway. Cityway reserves the right, in its sole discretion, to terminate a link with any website that it deems inappropriate or inconsistent with the Services or these Terms. By linking to the Services, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, Cityway reserves the right to prohibit linking to the Services for any reason in our sole and absolute discretion.
SWEEPSTAKES, CONTESTS, AND PROMOTIONS
Any sweepstakes, contests, or promotions (" Promotions ") accessible through the Services may be governed by its own set of official rules, which may have eligibility requirements, such as certain age or geographic area restrictions. By entering or participating in such Promotions, you will become subject to those official rules. It is your responsibility to read the applicable rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor's requirements of you in connection with the applicable Promotion.
DISCLAIMER OF WARRANTIES WAIVER
To the maximum extent permitted by applicable law, the Services, including, without limitation, the Services Content, Downloads, and any tickets, products or services sold by Cityway through the Services, are provided on an "as is", "as available" and "with all faults" basis. To the fullest extent permissible by applicable law, Cityway and Cityway USA, Inc., and their respective parents, subsidiary companies, affiliated entities and businesses, vendors and the directors, officers, employees or other representatives of each of them (collectively, the "Released Parties") make no representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Services and the Services Content; (b) tickets, products and services sold by Cityway through the Services; (c) User Content; and/or (d) security associated with the transmission of information to Cityway or via the Services. In addition, to the fullest extent permissible by applicable law, the Released Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
The Released Parties do not represent or warrant that the Services will be error-free or uninterrupted; that defects will be corrected; or that the Services or the server that makes the Services available is free from any harmful components, including, without limitation, viruses. The Released Parties do not make any representations or warranties that the information on the Services are accurate, complete, or useful. You acknowledge that your use of the Services is at your sole risk. The Released Parties do not warrant that your use of the Services is lawful in any particular jurisdiction, and the Released Parties specifically disclaim such warranties.
By accessing or using the Services you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Services.
The Released Parties do not endorse User Content and are not responsible for User Content.
LIMITATION OF LIABILITY; WAIVER
To the maximum extent permitted by applicable law, you agree that under no circumstances will the Released Parties be liable to you or anyone else for indirect, economic, special, incidental or consequential loss or damages related to: (a) the Services (including without limitation all information, products, services, Downloads, features, purchases and the Services Content and other content contained on and/or obtained through the Services); (b) User Content; (c) your use of, inability to use, or the performance of the Services; (d) action taken in connection with an investigation by the Released Parties or law enforcement authorities regarding your use of the Services; (e) action taken in connection with copyright or other intellectual property owners; (f) any errors or omissions in the Services' technical operation; or (g) any damage that results from events beyond our reasonable control, such as damages to any user's computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the Released Parties have been advised of or should have known of the possibility of such damages. However, to the maximum extent permitted under applicable law or arbitration standards or rules, in no event will the Released Parties total liability to you for all damages, losses or causes or action exceed the amount paid by you, if any, to Cityway for a product ordered through the Services or, in the event there has been no amounts paid by you, the amount of ten United States dollars ($10.00). The prior limitation on damages is not intended to limit the Released Parties’ obligation to pay prevailing party costs or fees if recoverable pursuant to applicable law.
You agree that in the event you incur any damages, losses or injuries that arise out of Released Parties’ acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to rescission, an injunction, or other equitable relief preventing any exploitation of any application, website, property, product, program, service, or other audio/visual content owned or controlled by the Released Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any Services Content (including, without limitation, application or website) or any transportation service, property, product, service owned or controlled by the Released Parties.
INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold the Released Parties harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys' fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your User Content; (b) your use of the Services or activities in connection with the Services; (c) your breach or anticipatory breach of these Terms; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the Released Parties' use of your information as permitted under these Terms, the Privacy Policy, or any other written agreement between you and us. You will cooperate as fully required by the Released Parties in the defense of any claim. The Released Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Released Parties.
YOUR OBLIGATIONS WHEN ACCESSING THE SERVICES
You agree that you will be responsible for obtaining and maintaining all devices, cellular technologies, computer hardware and other equipment needed to access and use the Services. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Services, including, without limitation, those governing your transmission or use of any software or data. Message and data rates and other carrier fees may apply to your download and use of the Services (including our mobile application). Fees and charges will appear on your mobile device bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain features and certain features may be incompatible with your carrier or mobile device. Please contact your carrier with questions regarding these issues. As applicable, instructions regarding how to opt-out of features will be disclosed in connection with such features.
E-COMMERCE
The Services may offer tickets, products or services for sale and your transaction may be subject to additional sales terms and policies. You agree to pay all applicable fees and any applicable taxes. Cityway may automatically charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on your orders.
Sometimes the Services may offer tickets, products or services for sale via an in-app or similar purchase where the transaction is facilitated by the operator of a third party platform hosting the Services. In such cases, your billing relationship will be with the third-party vendor and additional terms and conditions imposed by the vendor may apply. These Terms will continue to apply to your access to and use of the purchased, ticket, product or service, except where these Terms conflict with terms imposed by the third-party vendor.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error received from its suppliers, Cityway shall have the right, to the fullest extent permitted under applicable law, to refuse or cancel any orders placed for tickets, rides, product or services listed at the incorrect price. Cityway shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is properly canceled, Cityway or its payment processor, will issue a credit to your credit card account in the amount of the charge.
Your receipt of an electronic or other form of order confirmation does not signify Cityway’s acceptance of your order, nor does it constitute confirmation of Cityway’s offer to sell. Cityway reserves the right at any time after receipt of your order to accept or decline your order for any reason. Cityway reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Cityway may require additional verifications or information before accepting any order.
TERMINATION
Cityway reserves the right to terminate your access to and use of the Services in its sole discretion, without notice and liability, including, without limitation, if Cityway believes your conduct violates these Terms. Cityway also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any emails you send to the Services or Cityway. Any violation of these Terms may be referred to law enforcement authorities.
LOCATION OF THE SERVICES AND TERRITORIAL RESTRICTIONS
Cityway controls and operates the Services from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Services are appropriate for use or access in other locations. The information provided on the Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Cityway to any registration requirement within such jurisdiction or country. Anyone using or accessing the Services from outside the United States does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. Cityway reserves the right to limit the availability of the Services or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any tickets, rides, content, program, product, service or other feature that we provide.
Software related to or made available by the Services may be subject to United States export controls. Thus, no software from the Services may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or that has been designated by the U.S. government as "terrorist supporting"; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
ARBITRATION AGREEMENT/GOVERNING LAW/CLASS ACTION WAIVER/DISPUTE RESOLUTION
Both you and the Released Parties waive the right to a trial by jury and the right to bring or resolve any dispute as a class, consolidated, representative, collective, or private attorney general action. Both you and the Released Parties waive the right to participate in a class, consolidated, representative, collective, or private attorney general action related any dispute that is brought by anyone else. Notwithstanding any provision in the JAMS (defined below) standards or rules to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
You agree that these Terms and your use of our Services is governed by the laws of the State of Illinois, USA without regard to its conflict of law principles. The parties each agree to finally settle all disputes only through arbitration; provided, however, to the fullest extent allowed by the applicable arbitration rules or standards, the Released Parties Cityway shall be entitled to seek injunctive or equitable relief in the state and federal courts in Chicago, Illinois and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator's decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating your use of our Services, products, services and/or to these Terms will be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (" JAMS ") or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a "Demand for Arbitration," then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service who will hear the case. If an in-person hearing is required, then it will take place in Chicago, IL; Los Angeles, CA; New York City, NY; Atlanta, GA; or Dallas, TX (whichever is closest to your residence) or if required by applicable JAMS standards or rules – in or near your hometown. The federal or state law that applies to these Terms will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions or class arbitrations; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then this agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction in Chicago, Illinois. the Released Parties agree to pay the administrative and arbitrator's fees in order to conduct the arbitration, but specifically excluding (i) any of your travel or other costs to attend the arbitration hearing and (ii) if you initiate the arbitration against us, a $250 fee. Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
MISCELLANEOUS
The failure of Cityway to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Cityway’s rights with respect to such breach or any subsequent breaches. No waiver by Cityway of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Cityway. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. Cityway may assign its rights and duties under these Terms to any party at any time without any notice to you. Terms may not be assigned by you without Cityway’s prior written consent. If any provision of these Terms are found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. If a court or other decision-maker should determine that any provisions of these Terms is overbroad, unfair or unreasonable, such provision shall be given effect to the maximum extent possible by narrowing or enforcing in part that aspect of the provision found overbroad or unreasonable. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against Cityway by virtue of Cityway having drafted them. No amendment to or modification of these Terms, or action, or delay, will be binding unless in writing and signed by Cityway. Provisions of these Terms that would logically survive termination shall survive the termination of these Terms for any reason (including without limitation, Disclaimer of Warranties Waiver, Limitation of Liability; Waiver, and Arbitration Agreement/Governing Law/Class Action Waiver/Dispute Resolution).
CHANGES TO THESE TERMS
Cityway reserves the right, in our sole discretion and at any time, to change or add to the terms of these Terms and we will notify you of material changes by posting the changed or modified Terms (" Updated Terms "). Cityway may also provide notice to you in other ways in our discretion, such as through contact information you have provided. Your use of the Services after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement and consent to the Updated Terms.?Therefore, you should review these Terms before using the Services. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Services from that point forward. Any changes will not apply to any dispute between you and us arising prior to the date on which we make available the revised Terms incorporating such changes or otherwise notified you of such changes.
SPECIAL TERMS FOR APPLE iOS DEVICES
Notwithstanding any other provision within these Terms, the following subparagraphs are applicable to those using the Services via one of our Link Microtransit/Transit On-Demand application on Apple’s iOS platform (" App ").
Acknowledgement. You acknowledge that this agreement is concluded between you and Cityway only, and not with Apple. Cityway, not Apple, is solely responsible for the App and the content thereof. You further acknowledge that the App may not be used in any manner inconsistent with the Apple App Store Terms of Service as of the Effective Date.
Scope of License. You are granted a non-transferable license to use the App on any iOS device that you own or control and as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service, except that the App may be accessed, acquired, and used by other accounts associated with the purchaser via family sharing or volume purchasing (if available).
Maintenance and Support. Cityway is solely responsible for providing maintenance and support for the App, as specified in these Terms or as required under applicable law. You and Cityway acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Warranty. Cityway is solely responsible for any warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for such App to you (if any); and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Cityway.
Product Claims. Cityway, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product-liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Our liability is limited so far as permitted by applicable law.
Intellectual Property Rights. In the event of any third-party claim that the App or your possession and use of such App infringes that third party’s intellectual property rights, Cityway , not Apple, is solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Third-Party Beneficiary. You and Cityway acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of the Terms and will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
SPECIAL TERMS FOR CALIFORNIA USERS
Riding with Children
Children under 16 must be accompanied by an adult.
In compliance with California law, all passengers under age 8 or under 4'9" in height must ride in an appropriate Child Restraining System, such as a safety seat or booster in the back seat. All passengers under age 2 must ride in an appropriate rear-facing safety seat unless the child weighs 40 or more pounds or is 40 or more inches tall.
Caregivers must provide an appropriate safety seat and install it in the vehicle. Unfortunately, while drivers can provide information about LATCH attachment points, they cannot assist caregivers with installation.
Seatbelt Policy
All passengers are subject to California's Mandatory Seat Belt law and must always wear both the lap belt and shoulder belt while riding. The belts are designed to protect passengers and drivers and to prevent injury. If you need help with your seatbelt, please ask the driver for assistance.
CONTACTING US
If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms, please contact us at link.support@cityway.io .
Address Cityway USA 720 E. Butterfield Road, Lombard, Illinois 60148
Phone: (630) 382-1107