Terms and Conditions

Updated: May 12, 2016

Metro Transit, Inc., dba Lync Transportations ("MTI," “we” or “us”), the owner of the Lync a Ride Driver application and related platform and the Lync a Ride Passenger application and related platform (collectively, the “App”), is pleased to offer you access to the App and the service described below in Section 1 (the “Service”).

The terms and conditions stated herein (collectively, the "Terms") constitute a legal agreement between you and MTI. Before you begin using the App and the Service, please read the following Terms carefully. These Terms govern your use and access to the App and the Service, including functionality available through the App and the Service which may be provided by third parties.

Your use of the App and the Service is also governed by our separate Privacy Policy (the “Privacy Policy”) and, if you are a Driver (defined below), our Independent Contractor Agreement. By downloading or otherwise accessing or using the App and/or the Service, you agree to these Terms, the Privacy Policy, and, if you are a Driver, the Independent Contractor Agreement. Your access to and use of the App and the Service is expressly conditioned on your compliance with these Terms, the Privacy Policy, and, if you are a Driver, the Independent Contractor Agreement. If you do not agree with any of the Terms, the Privacy Policy, and, if you are a Driver, the Independent Contractor Agreement, do not install or otherwise use the App or the Service. Note that any violation of these Terms, the Privacy Policy and, if you are a Driver, the Independent Contractor Agreement, may result in termination of your access to the App and the Service.

We reserve the right to modify these Terms at any time. If these Terms change, the revised Terms will be accessible through the App and the website, http://lyncaride.com/. Please check back periodically for updates. If you continue to use the App and the Service after we amend the Terms, you acknowledge and agree that you have assented to the amended Terms. Except as stated herein, all amended Terms are automatically effective.

In addition, when using particular elements of the App and the Service, additional policies, guidelines, rules, and terms may apply, which are hereby incorporated by reference into these Terms.

1. The Service

Definition of the “Service.” The Service, through the App, provides a communication platform to connect and match persons who desire transportation (“Customer(s)”) with persons who are offering to provide transportation (“Driver(s)”). You acknowledge and agree that the App and the Service are to be used to connect Customers to Drivers so that Customers may be transported to and from a particular destination (the "Intended Purpose"), and you agree you will not use the App or the Service for any purpose other than the Intended Purpose. The Service expressly does not include any transportation of persons or delivery of cargo.

How the Service Works.The App allows Customers to contact Drivers to make a request for transportation (the “Transportation Request”). Once a Customer has made a Transportation Request, Drivers may then accept or reject the Transportation Request within five (5) minutes of the Transportation Request. When a Driver accepts the Transportation Request, the Customer who made the Transportation Request is notified that the Driver is on the way to the Customer’s location. The Customer then has exactly five (5) minutes to cancel the Transportation Request through the Service without being charged the Cancellation Fee discussed below. The Driver then provides the Transportation Services to the Customer, transporting the Customer to the Customer’s desired destination. 

We Don't Provide a Transportation or Delivery Service. WHILE WE SHALL BE REGISTERED WITH THE CALIFORNIA PUBLIC UTILITIES COMMISSION (“CPUC”) AS A TRANSPORTATION NETWORK COMPANY (“TNC”), YOU UNDERSTAND AND ACKNOWLEDGE THAT (1) WE DO NOT PROVIDE A TRANSPORTATION OR DELIVERY SERVICE TO CUSTOMERS, (2) WE ARE NOT A TRANSPORTATION CARRIER, AND (3) AS A TNC, WE ARE PROHIBITED FROM OWNING ANY VEHICLES OR PROVIDING DRIVER WITH A VEHICLE. IT IS UP TO THE DRIVER TO DECIDE WHETHER OR NOT TO OFFER TO TRANSPORT A CUSTOMER AFTER DRIVER IS CONTACTED THROUGH THE APP. LIKEWISE, IT IS UP TO THE CUSTOMER TO DECIDE WHETHER OR NOT TO USE DRIVER FOR THE SERVICE. ANY DECISION BY A DRIVER AND/OR CUSTOMER TO OFFER OR ACCEPT TRANSPORTATION ONCE SAID DRIVER AND/OR CUSTOMER IS CONNECTED THROUGH THE APP IS A DECISION MADE IN HIS/HER SOLE DISCRETION. 

WE OFFER INFORMATION AND A METHOD TO CONNECT DRIVERS AND CUSTOMERS WITH EACH OTHER, BUT WE DO NOT PROVIDE AND DO NOT INTEND TO PROVIDE TRANSPORTATION SERVICES, OR ACT IN ANY MANNER AS A TRANSPORTATION CARRIER OR DELIVERY SERIVCE. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES OBTAINED BY ANY CUSTOMER OR PROVIDED BY ANY DRIVER USING THE APP AND THE SERVICE.

2. Payments

You acknowledge and agree that all amounts charged through the App for the Service are due immediately (the “Payments”). We reserve the right to determine pricing. You agree that pricing for the Service is subject to change.

Payments from us to Driver for the Transportation Service is governed by the Independent Contract Agreement.

Payment Processing. We will facilitate all Payments through a third party payment processor Paypal. You understand and agree than in order to use the Service, you must agree to Paypal.'s terms and conditions of service. Please note that Paypal.is a third party service provider, and therefore we are not a party to any agreements between you and Paypal.. As such, we have no obligations or liability to you for any agreements you enter into with Paypal.. If you have questions regarding Paypal., please contact Paypal.at https://www.paypal.com.

Cancellation Fee. In the event that a Customer cancels or withdraws a transportation request through the Service more than five (5) minutes after the transportation request is accepted by Driver, we will require the Customer to pay a cancellation fee of five dollars ($5.00). We will not be directly responsible to Driver for any charges, fees, or losses in the event that a Customer cancels or withdraws a transportation request less than five (5) minutes after the transportation request is accepted by Driver.

Damage Fee. Should a Driver contact us and report that a Customer was the cause of damage to Driver’s vehicle, we may, in our sole and absolute discretion, charge that Customer’s credit card a fee of $250 (“Damage Fee”) for the damage. This Damage Fee is paid to Driver less the MTI Fee. We may, in its sole and absolute discretion, verify or otherwise require documentation of damage prior to processing the Damage Fee.

No Refunds. We do not offer refunds of any kind, for any reason.

3. Insurance

WE FACILITATE THE TRANSPORTATION OF PERSONS THROUGH PRIVATE DRIVERS USING THE PRIVATE DRIVER’S OWN PERSONAL VEHICLE. WE ARE REQUIRED BY THE CALIFORNIA PUBLIC UTILITIES COMMISSION TO MAINTAIN AN INSURANCE POLICY PROVIDING A MINIMUM OF $1,000,000 (ONE MILLION DOLLARS) PER-INCIDENT COVERAGE FOR INCIDENTS INVOLVING VEHICLES AND DRIVERS WHILE THEY ARE PROVIDING THE SERVICE.

We have procured an insurance policy that provides excess automobile liability insurance up to $1,000,000 per occurrence over a Driver's existing insurance when such Driver provided the Transportation Services. The policy coverage is limited to bodily injury and property damage liability only and does not provide coverage for collision, comprehensive or wear and tear damage, or other damage to a Driver's vehicle. As with any automobile insurance policy, additional insurance terms, limitations, and exclusions apply. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Customers. You acknowledge and agree that we are not liable for any personal belongings left in the car by Drivers or Customers.

THIS IS AN UNOFFICIAL SUMMARY OF OUR INSURANCE POLICY AND MAY NOT BE UP-TO-DATE. NONE OF THE STATEMENTS IN THIS SECTION SHOULD BE INTERPRETED AS BINDING AND ARE PROVIDED FOR QUICK REFERENCE ONLY.

4. Eligibility

The Service and App are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, you may not use the Service or App if you are a minor (a person under the age of 18), if you do not agree to these Terms and/or the Privacy Policy, or if you are violating these Terms. By using the Service and/or App, you represent and warrant that you are not a minor, you agree to the Terms and the Privacy Policy, and that you have the right, authority and capacity to enter into an agreement with us under these Terms, and you agree to abide by these Terms.

5. Security

You represent and warrant that you are the sole authorized user of your Lync a Ride account. You are responsible for maintaining the confidentiality of any password provided by you or us for accessing the App. You are solely and fully responsible for all activities that occur under your password and your Lync a Ride account. We have no control over the use of your account and we expressly disclaim any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account, or should you suspect any other breach of security, you agree to contact us immediately and notify us of the security breach.

6. Term and Termination

These Terms are effective upon use of the App or the Service. You may terminate your use of the App and/or your participation in the Service at any time, for any reason, by contacting at support@lyncaride.com after which you may no longer use the App or Service. We, in our sole discretion, may terminate your participation in the Service and/or access to and use of the App, without explanation, effective upon sending email notice to you to the email address you have listed under your Lync a Ride account. 

We reserve the right to bar your use of the App and Service in the future. In the event that we suspend or terminates your access to the App and Service, these Terms shall remain in effect.

7. Your Information

You acknowledge and agree that any information you provide, publish or display (“post”) through the App and/or Service, and/or provide directly to us (“Your Information”) will be governed by the Privacy Policy and these Terms. You consent to our use of Your Information to provide the App and the Service to you, and you further agree to allow us to store and collect Your Information in the manner described in the Privacy Policy. You are solely responsible for Your Information and your interactions with other people who use the App and Service. When you use the App and the Service, you agree to provide accurate, current and complete information as prompted by our Lync a Ride registration form. You also agree to maintain and timely update Your Information to keep it accurate, current and complete at all times during your use of the App and the Service. You agree that we, as well as others, may rely on Your Information as accurate, current and complete. You acknowledge that if Your Information is untrue, inaccurate, not current or incomplete in any respect, we have the right to terminate these Terms and your use of the App and the Service. You further acknowledge and agree that we are not liable for damages resulting from your use, or others use, of Your Information.

8. Social Media and Networking Sites

Some features of the App may enable you to log in or access various online third-party services through the App, such as social media and social networking services like Facebook or Twitter (“Third Party Services”).Logging in or directly integrating these Third Party Services with the App makes your experience with the App and Service richer and more personalized. To take advantage of these features and capabilities, we may ask you to authenticate, register for or log into Third Party Services on the websites of their respective providers. As part of such integration, the Third Party Services may provide us with access to certain information that you have provided to such Third Party Services, and we will use, store and disclose such information in accordance with the Privacy Policy.

You acknowledge and agree that the manner in which Third Party Services use, store and disclose your information is governed solely by the policies of those Third Party Services, which are third-parties, and as such, we shall have no liability or responsibility for the privacy practices or other actions of any Third Party Services or service that may be enabled within the App.

In addition, we are not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Third Party Services. Therefore, you acknowledge and agree that we are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Third Party Services. We enable these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

9. Driver Specific Representations and Warranties

Driver specific representations and warranties are found in the Independent Contractor Agreement, incorporated into these Terms by reference. Should you desire to become a Driver, please contact us at info@lyncaride.com. We will not allow a person to access the Lync a Ride Driver App unless that person complies with our requirements to become a Driver (which includes a background check, job interview, training, and a motor vehicle inspection), and executes the Independent Contractor Agreement. Driver also represents and warrants the statements made in Section 10 of these Terms.

10. Your Representation and Warranties

You represent, warrant, and agree that:

  • You are at least 18 years of age.
  • You shall use the App and Service in a manner consistent with any and all applicable laws and regulations, including local, state and federal laws. We reserves the right, but are not obligated to, investigate and terminate the Service and your access and use of the App if you have misused the App and/or Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.
  • You shall not use the App and/or Service for any purpose other than the Intended Purpose.
  • You shall not impersonate any person or entity using the App and/or Service.
  • You shall not “Stalk” or otherwise harass any person using the App and/or Service.
  • You shall not make any express or implied statements that you are endorsed by or associated with us without our specific prior written consent.
  • You shall not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service and/or App or its contents.
  • You shall not distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
  • You shall not remove any copyright, trademark or other proprietary rights notices contained in the App or Service.
  • You shall not interfere with or disrupt the Service or App.
  • You shall not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment through the App or Service.
  • You shall not manipulate identifiers to disguise the origin of any information transmitted through the App and/or Service.
  • You shall not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the App or Service, or any software used on or for the App and Service, or cause others to do so.
  • Your Information and your interactions on the App and with the Service shall not:

    (a) be false, inaccurate or misleading (directly or by omission or failure to update information);

    (b) infringe any third party's rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

    (c) violate any law, statute, ordinance or regulation;

    (d) be defamatory, trade libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material;

    (e) contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language;

    (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

    (g) create liability for us or cause us to become subject to regulation as a transportation carrier or provider of taxi service; or

    (h) use the App and/or Service to link directly or indirectly to any other web sites or apps.

  • You shall not transfer, use, or sell your Lync a Ride account and/or ID to any another party. We reserves the right, but are under no obligation, to reject or terminate any user that does not comply with these prohibitions.
  • Your Information is truthful and correct and that you are the sole author of Your Information.
  • All information you provide to us or others through the App or Service is truthful and accurate.
  • You shall not use the App or the Service in a manner that interferes with Driver’s ability to operate Driver’s motor vehicle.
  • You shall not use the App or the Service to transport any items that are illegal under any local, state and/or federal law or illegal under any local, state and/or federal law to transport, including but not limited to drugs, illegal weapons and fugitives.
  • You shall not use the App or the Service to transport any items that require a special permit to transport, including but not limited to hazardous substances, deceased persons, and human organs.
  • You shall not use the App or the Service to transport items or persons outside of the United States of America.
  • You shall, to the best of your ability, give the Driver accurate instructions for your transportation through the App and the Service.
  • You shall be courteous and respectful to the Driver.
  • You shall not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation during your use of the App or Service.
  • You shall not do anything destructive to the Driver’s vehicle, or otherwise cause any damage.

Violation of any provision of this paragraph will be considered material breach of the Terms, and will allow us to seek an immediate injunctive relief and damages.

11. Intellectual Property

Service Content, Software and Trademarks. You acknowledge and agree that the Service and App may contain content or features that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws (the “Service Content”). Except as expressly authorized by us, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the App, the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the App. You agree that you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods in connection with your use of the App and/or the Service. Any use of the App, Service or the Service Content other than as specifically authorized herein is strictly prohibited.

The technology and software underlying the Service, App and Service Content is the property of MTI, MTI's affiliates and MTI's partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in MTI's Service, App and/or Service Content. Any rights not expressly granted herein are reserved by MTI.

MTI's name and logos, including but not limited to the name “Lync a Ride" and related logos, are trademarks and service marks of MTI (collectively the “MTI Trademarks”). Other company, product, and service names and logos used and displayed via the App and the Service are the trademarks or service marks of their respective owners. Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the MTI Trademarks. All goodwill generated from the use of MTI's Trademarks will inure to MTI's exclusive benefit.

MTI owns all right, title and interest, including all related intellectual property rights, in and to the Service, App, and Service Content, and to any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service and App. These Terms do not convey any rights, intellectual property or otherwise, in the Service, App, or Service Content except as expressly granted in these Terms.

User Content. The App and Service allow users to upload, display and share content and materials ("User Content"). Under no circumstances shall we be liable in any way for the User Content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any User Content. You acknowledge and agree that we do not have a duty to pre-screen User Content. You further acknowledge and agree that we and/or our agents shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the App and/or Service. Without limiting the foregoing, we and our agents shall have the right to remove any content that violates these Terms or the Privacy Policy, or is deemed by us, in our sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.

Furthermore, you represent and warrant that you own all right, title and interest in and to User Content which you upload, including, without limitation, all copyright and rights of publicity contained therein. By uploading User Content, you hereby grant and will grant us and our affiliated companies and/or designees a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use said User Content in connection with the operation of the App and the Service or the promotion, advertising or marketing of the App and the Service, in any form, medium or technology now known or later developed.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the App and/or the Service (“Submissions”), provided by you to us, is non-confidential and we are entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You further acknowledge and agree that we may preserve User Content in the manner set forth in the Privacy Policy, and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

(a) comply with legal process, applicable laws or government requests;

(b) enforce these Terms or the Privacy Policy;

(c) respond to claims that any content violates the rights of third parties; or

(d) protect the rights, property, or personal safety of MTI, the users of the App and/or Service, and the public.

You understand that the technical processing and transmission of the App and the Service, including User Content, may involve

(1) transmissions over various networks; and

(2) changes to conform and adapt to technical requirements of connecting networks or devices.

Personal Use Only. The Service, App and Service Content are for your personal use. Unless otherwise expressly authorized herein, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service and App, use of the Service and App, or access to the Service and App.

12. Copyright Violations and the DMCA

We are committed to protecting copyrights and expect users of the App and Service to do the same. At our discretion and in appropriate circumstances, we may terminate or prevent access to all or part of the App and/or Service’s features by users who infringe the intellectual property rights of others.

We abide by the federal Digital Millennium Copyright Act ("DMCA"). If you believe that a user's content is your proprietary work and has been copied in a way that constitutes an infringement of your copyrights or other intellectual property in that work, please immediately notify us of any such copyright or other intellectual property rights infringement. Similarly, if you disagree that your content constitutes an infringement, you may send a counter-notification. In either case, your written notice should be sent to our designated agent as follows:

Attn: DMCA Complaints

360 W. Compton Boulevard, Gardena, CA 90248

Phone: (310) 744-6066

Email : info@lyncaride.com

Customer Service: 800-963-7660

Please note that third party providers such as Facebook have their own DMCA procedures. If you believe a user on a third party site is infringing on your propriety work, please use that third party’s DMCA complaint procedure.

Copyright infringement Notification. To file a copyright infringement notification, please send us written communication that includes substantially the following (please consult your legal counsel and/or see Section 512(c)(3) of the Copyright Act for the DMCA laws). To expedite our ability to process your request, please use the following format:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Counter-Notification. If you disagree that your content is an infringement of another’s work, you may elect to send us a counter notice. To be effective your counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see Section 512(g)(3) of the Copyright Act for the DMCA laws) To expedite our ability to process your request, please use the following format:

  • A physical or electronic signature of the subscriber.
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  • A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  • The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Please also note that under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability. All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce the terms and conditions of these Terms. Before sending either a copyright infringement notification or counter-notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with our rights and obligations under the DMCA and do not constitute legal advice. Where applicable, we will comply with the procedures outlined in the DMCA.

13. Information Control

Location data provided by the App is for basic location purposes so that the Service will function properly, and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither MTI, nor any of our content providers, agents or affiliates, guarantee the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the App and Service.

Any information, including geolocational data, that you upload, provide, or post through the App and the Service may be accessible to certain users. We cannot verify or guarantee the accuracy of any information users of the App and the Service provide, and we do not control this information. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the App and the Service. By using the App and the Service, you agree to accept such these risks, and agree that we are not responsible for the acts or omissions of users of the App and the Service.

14. MTI Communications

E-mail communications and text messages sent from us are designed to make the Service and App more efficient. By becoming a user of the App and Service, you specifically agree to accept and consent to receiving e-mail communications and text messages initiated from us or through us, which include, without limitation: message notification e-mails, e-mails or text messages informing you about potential available Drivers and e-mails informing you of new and existing features to the App and Service. Standard data message rates apply. If you change your mobile phone service provider, the notification service may be deactivated for your phone number and you may need to re-enroll in the notification service. We reserve the right to cancel the notification service at any time. If you do not wish to receive any of our e-mail communications or text messages, please do not use the App or the Service.

15. Indemnity

You further agree to indemnify, hold harmless and defend MTI and MTI's officers, directors, employees, agents and any third parties harmless for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the App and the Service, including:

(a) Your breach of these Terms or the documents it incorporates by reference;

(b) Your violation of any law or the rights of a third party, including, without limitation, users of the App and/or Service, other motorists, and pedestrians, as a result of your own interaction with such third party;

(c) any allegation that any materials that you submit to MTI or transmit to the App or Service infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;

(d) any damages or losses incurred with respect to another Driver or user's property; and/or

(e) any other conduct by you in connection with the App and/or the Service. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

16. Online Content Disclaimer

Opinions, advice, statements, offers, or other information or content made available through the App or Service, but not directly by MTI, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the App or the Service and neither do we adopt nor endorse nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by third parties. Under no circumstances will we be responsible for any loss or damage resulting from anyone's reliance on information or other content posted through the App or Services, or transmitted to participants. We reserve the right, but are under no obligation, to monitor the materials posted in the public areas of the App. Notwithstanding this right, you remain solely responsible for the content of the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you post or make available through the App and/or Service.

We shall have the right to remove any such material that in our sole discretion, violates, or is alleged to violate, the law or these Terms or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others.

17. Third Party Sites.

The Service, users of the App and/or Service, or third parties may provide links or other access to other sites and resources on the Internet (“Third Party Sites”). We have no control over such Third Party Sites, and we are not responsible for and do not endorse such Third Party Sites. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such Third Party Site. Any dealings you have with third parties and/or Third Party Sites found while using the App and/or the Service are between you and the third party, and you agree that we are not liable for any loss or claim that you may have against any such third party.

18. No Warranty or Guaranty as to Safety

You acknowledge and agree that we have no responsibility whatsoever for the actions or conduct of Drivers or Customers. We have no obligation to intervene in or be involved in any way in disputes that may arise between Drivers, Customers, or third parties. You understand and agree that responsibility for the decisions you make regarding your use of the App and the Service, including your interactions with other users of the App and the Service and third parties, rests solely with you.

YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APP AND SERVICE REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MTI, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE APP AND/OR THE SERVICE, INCLUDING WITHOUT LIMITATION ANY TRANSPORATION THAT IS FACILITATED BY THE APP AND SERVICE. UNDER NO CIRCUMSTANCES WILL MTI BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE APP AND/OR THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MTI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY

(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;

(II) PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE APP OR THE SERVICE;

(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;

(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP OR THE SERVICE;

(V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE APP OR THE SERVICE BY ANY THIRD PARTY;

(VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE APP OR THE SERVICE; AND/OR

(VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL MTI, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE $100.00.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN THE EVENT THAT MTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

20. Disclaimer of Warranties

YOUR USE OF THE APP AND THE SERVICE IS AT YOUR SOLE RISK. THE APP AND SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MTI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

MTI MAKES NO WARRANTY THAT

(I) THE APP AND/OR SERVICE WILL MEET YOUR REQUIREMENTS,

(II) THE APP AND/OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,

(III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP AND/OR SERVICE WILL BE ACCURATE OR RELIABLE,

(IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APP AND/OR THE SERVICE WILL MEET YOUR EXPECTATIONS OR

(V) AS TO THE MANNER, PROFESSIONALISM, SECURITY OR FITNESS OF THE DRIVERS OR THE SERVICE.

The App and Service are not intended for and should not be used or relied on in the case of an emergency, to break any local, state, and/or federal laws and/or regulations, or in a manner where the failure or inaccuracy of the App and/or the Service could lead directly to death, personal injury, or severe physical or property damage.

We cannot ensure the quality or safety of the transportation that occurs as a result of using the App or the Service. We do have any control over the truth or accuracy of any information provided by users of the App or the Service. We cannot and do not ensure that a Driver or Customer will actually complete an arranged Transportation Request.

21. Breach

Without limiting other remedies, we may terminate your participation, remove your information, warn the Lync a Ride community of your actions, issue a warning, and refuse to provide the App and Service to you if:

(1) you breach these Terms or the documents it incorporates by reference;

(2) We are unable to verify or authenticate any information you provide to us;

(3) We believe that your actions may cause financial loss or legal liability for you, other users of the App or Service, or subject us or you or any other user of the App or Service to regulation by any local, state or federal government or regulatory agency; or

(4) We suspect you have engaged in fraudulent or illegal activity in connection with the App and/or Service.

22. Resolution of Disputes and Legal Claims

Dispute Resolution. For any dispute with us, you agree to first contact us and attempt to resolve the dispute with us informally in the following manner:

(1) Send us notice pursuant to Section 26 of these Terms immediately once a dispute arises;

(2) After notice is sent, attempt in good faith to resolve any dispute through negotiating with us; and then

(3) if the dispute cannot be settled amicably within thirty (30) days from the date you have served notice on us in the manner described in Section 26 of these Terms, then the remaining provisions of this Section regarding Arbitration shall apply.

Arbitration. Any legal disputes or claims between you and MTI that cannot be resolved informally will be submitted to binding arbitration in Los Angeles California. The arbitration shall be conducted by the American Arbitration Association (AAA), or any other established ADR provider mutually agreed upon by you and MTI. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with the arbitrator’s rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Limitation of Claims and Injunctive Relief.You agree that in no event shall any claim, action or proceeding by you that is related in any way to us and/or the App or the Service, including but not limited to your use of the Service, be instituted more than three (3) years after the cause of action arose.

Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Choice of Law and Venue. These Terms will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles, California. The failure of us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

23. Confidentiality

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to our business, operations and properties (“Confidential Information”) disclosed to you by us for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of MTI. Notwithstanding the above, you shall not have liability to MTI with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed to you by us or has entered the public domain through no fault of your own; was disclosed with the prior written approval of us; becomes known to you, without restriction, from a source other than MTI without breach of these Terms by you and otherwise not in violation of our rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to us in the manner described in the section regarding notice (below) to enable us to seek a protective order or otherwise prevent or restrict such disclosure.

24. No Agency

You and MTI are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.

25. Force Majeure

We will not be liable for delay, failure, or inadequate performance of the Service and App to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and internet disturbance) that was beyond our reasonable control.

26. Notice

Notices to you may be made via either email, mail through the United States Postal Service, or a private courier service to the email address and/or address you provided to us through your Lync a Ride account (the “Notice”). We may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the App and our website www.lyncaride.com.

The Notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending the Notice (if sent by email). You may give Notice to us at any time by email, letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to us at the following email address and/or address:

Attn: DMCA Complaints

360 W. Compton Boulevard, Gardena, CA 90248

Phone: (310) 744-6066

Email : info@lyncaride.com

Customer Service: 800-963-7660

27. General

Entire Agreement. These Terms, along with the Privacy Policy, constitutes the entire agreement between you and MTI. These Terms governs your use of the App and the Service, superseding any prior agreements between you and MTI with respect to the App and the Service.

Admissibility and Transfer. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms, but we may assign or transfer these Terms, in whole or in part, without restriction.

Section Titles. The section titles in these Terms are for convenience only and have no legal or contractual effect.

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