Terms of Use Last Updated: March 3, 2024 PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING TRAINLINQ, THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, INCLUDING, WITHOUT LIMITATION, TERMS AND CONDITIONS RELATED TO WARRANTY DISCLAIMERS, LIMITATION OF LIABILITY, LIMITATIONS ON PERIODS FOR ASSERTING ANY CLAIMS, INDEMNIFICATION, AND GOVERNING LAW. Welcome to TrainLinq available through the Dispatch, InCab applications or at https://safety.linqthingz.com/ (the “Site”), which is owned and operated by LinqThingz, Inc. (“LinqThingz,” “we,” “our,” or “us”). The LingThingz mobile applications and related services are referred to herein as the Site. The following terms and conditions of use as well as the corresponding https://linqthingz.com/privacy-policy-2/ which is incorporated herein by reference and available here by link or otherwise available through the Site (the “Terms of Use”), govern your access to and use of the Site. All pages within the Site and any information, material, or content made available on or through the Site are subject to these Terms of Use. These Terms of Use apply only to your use of the Site and do not apply to any other third-party website. YOUR USE OF THIS SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE. 1. Changes to the Terms of Use or Site LinqThingz reserves the right to change, modify, or discontinue the Site or any portion of the Site, including any and all content, at any time, without notice to you. LinqThingz reserves the right, in its sole discretion, to update, revise, supplement and to otherwise modify these Terms of Use, and to impose new or additional terms and conditions. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions shall be effective immediately and incorporated into these Terms of Use upon notice thereof, which may be given by any reasonable means including by posting updates to this webpage and changing the “Last Updated” date at the top of this webpage. Your continued use of the Site following the posting of changes to these Terms of Use will mean you accept those changes. 2. Your Use of the Site You are granted a limited, non-exclusive, revocable right to access and use the Site solely for personal use, and to receive LinqThingz services. This right does not include the right to, and you shall not (nor shall you facilitate, direct, or assist a third party to): A. Modify, reproduce, or resell any part of the Site’s content or data (excluding your personal information), or otherwise commercially exploit any of the Site’s content or data (even if that content or data is provided by a third party); B. Access, tamper with, or use non-public areas of the Site or LinqThingz’s computer systems; C. Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure; D. Access or search or attempt to access or search the Site by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by LinqThingz; E. Use any robot, spider, data miner, script, or other automated, semi-automated, or similar means (whether technological or human) to extract or gather data from the Site, or otherwise collect, gather, extract, scrape, or obtain any data or content from the Site for any commercial purpose other than obtaining services from LinqThingz or your own personal, non-commercial use; F. Interfere with or disrupt, or attempt to do so, the access of any user, host, or network, including (without limitation) sending a virus, flooding, spamming, overloading, or mail-bombing the Site; G. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the or Site; H. Transfer, assign, or allow access to your accounts’ password, even temporarily, to a third party; I. Forward any data generated from the services and/or Site without the prior written consent of LinqThingz; J. Attempt to hide, hide, or direct, facilitate or assist any third party in hiding your IP address to circumvent any of the restrictions in these Terms of Use, including without limitation, if any IP address you have been assigned or used is blocked or dropped by LinqThingz, you are hiding or switching your IP address to scrape or collect data and content from this Site, or you have received a cease and desist or other correspondence from LinqThingz related to any activity in violation of these Terms of Use that requires you to cease accessing or using the Site; K. Use the Site or any of its content in any manner other than the manner in which it is intended to be used, unless you first obtain LinqThingz’s express written consent; or L. Use the Site or its content for any purpose prohibited or restricted by law. Except for the limited right expressly granted to you in these Terms of Use, LinqThingz and its licensors expressly reserve all other rights and licenses. For the avoidance of doubt, nothing in this Section shall restrict legitimate search engine providers (i.e., Google, Yahoo, Bing, etc.) from spidering the Site for the purpose of generating search results in any such search engine. You may not use any of LinqThingz’s proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to (1) imply affiliation with or endorsement or sponsorship by LinqThingz; (2) cause confusion, mistake, or deception; (3) dilute LinqThingz’s trademarks, service marks or trade names; or (4) otherwise violate applicable law. 3. Your User Account and Data If you register for an online account with LinqThingz, you are solely responsible for maintaining the confidentiality and security of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify LinqThingz of any unauthorized use of your password or account or any other breach of security. If you provide information on the Site, you agree to (1) provide true, accurate, current, and complete information about yourself, and (2) maintain and promptly update such information to keep it true, accurate, current, and complete to the extent the Site facilitates such updates. If you provide any information that is false, inaccurate, outdated, or incomplete, or LinqThingz has reasonable grounds to suspect that such information is false, inaccurate, outdated, or incomplete, LinqThingz has the right to suspend or terminate your account and prohibit or refuse any and all current or future use of the Site (or any portion thereof) by you. Through your use of the Site, LinqThingz may collect aggregated and deidentified data relating to your use of the Site and services (“Use Data”). LinqThingz owns all right, title, and interests in and to such Use Data and shall be permitted to use or disclose such Use Data for any purpose, except as prohibited by law. 4. User Content The Site may allow users of the Site and services to submit and post information, feedback, and other content (“User Content”). When you submit User Content to the Site, you represent and warrant that you own all intellectual property rights in the User. By submitting User Content to LinqThingz, you hereby grant LinqThingz an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sub-licenseable and transferable license to use, copy, distribute, prepare derivative works, display in public and publicly perform the User Content for any purpose. YOU AGREE TO ALWAYS DRIVE VIGILANTLY ACCORDING TO ROAD CONDITIONS AND IN ACCORDANCE WITH TRAFFIC LAWS. IT IS STRICTLY FORBIDDEN TO SEND ANY USER CONTENT WHILE DRIVING. YOUR USER CONTENT SUBMISSIONS MAY ONLY BE SENT AFTER YOU HAVE STOPPED YOUR VEHICLE IN AN APPROPRIATE LOCATION PERMITTED BY LAW. 5. Termination / Suspension You agree that LinqThingz may issue a warning, temporarily suspend, indefinitely suspend, or terminate your right to use or access all or any part of the Site, including any online account hereon, without notice, for any reason in LinqThingz’s sole discretion, including, without limitation, violation of these Terms of Use or LinqThingz’s belief that your use or access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, LinqThingz, another user, or any third party. 6. Privacy By accessing and using the Site, you agree to the terms of LinqThingz’s Privacy Policy https://linqthingz.com/privacy-policy-2/ , which are incorporated into these Terms of Use by reference. You are also expressly agreeing and consenting to the collection and use of your personal information and other data as set forth (and more fully described) in the Privacy Policy. 7. Trademarks LinqThingz, or third parties from whom LinqThingz has permission, own the trademarks and service marks that are used on the Site. All rights are reserved by LinqThingz and said third parties, and no implied rights are granted to you or any third parties. These and other graphics, logos, service marks, trademarks, and trade dress of LinqThingz and its licensors may not be used without prior written consent of LinqThingz or its licensor, as the case may be. Without limiting the foregoing, no LinqThingz trademark or trade dress may be used in connection with any product or service that is not LinqThingz’s, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits LinqThingz. 8. Copyright and Other Proprietary Rights LinqThingz, or third parties from whom LinqThingz has permission, own the Site and all content that is used on the Site. All proprietary content and materials on the Site including, without limitation, the Site’s layout, organization, design, and any graphics, text, icons, audio, video, and the like are protected by copyrights, trademarks, service marks, trade secrets, and other proprietary rights and laws. You agree to comply with all applicable laws by not copying or using this proprietary content, except as allowed by these Terms of Use or by written consent of the owner of the proprietary rights. 9. Children’s Privacy Individuals under the age of 18 (“Minors”) are not permitted to use the Site. Furthermore, we do not knowingly collect or solicit personal information from Minors or knowingly allow such persons to register for an online account or to post personal information on our Site. 10. Third-Party Content and Sites Certain information available on this Site is provided by other parties, particularly information about such other parties. You understand that all such information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials are the sole responsibility of the originating party and LinqThingz has no responsibility for such content and does not guarantee the accuracy, integrity, or quality of such content. In no event is the inclusion of a statement about another party, a reference to such other party or a link to another party’s website an endorsement of such other party, their products, or services. In addition, the Site may contain links to other unrelated websites on the Internet. LinqThingz is not responsible for and has no obligation to review the content, accuracy, copyright compliance, decency standards, or other materials on such websites. These Terms of Use do not apply to such unrelated websites, and you should review the privacy policy and terms of use for any website that you visit. LinqThingz makes no representations or warranties regarding the security of any information you make available to such websites. LinqThingz is not liable for any losses or damages incurred as the result of your business dealings with such third parties.   11. Disclaimer of Warranties THE SITE, INCLUDING ANY CONTENT AND SERVICES PROVIDED THROUGH THE SITE, MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. LINQTHINGZ AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SITE OR CONTENT CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SUCH CONTENT AND SERVICES ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. LINQTHINGZ AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE, SERVICES, AND CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SECURITY, ACCURACY, TITLE, NON-INFRINGEMENT, OR ANY WARRANTY THAT THE SITE, SERVICES, AND CONTENT WILL BE AVAILABLE OR FREE FROM BUGS OR DEFECTS. Additionally, and without derogating from the above clause, LinqThingz disclaims any warranties relating to the accuracy and availability of the maps, data generated from sensors, statistics, road conditions, driving directions, or navigation routes presented or displayed in or by the Site. For instance, traffic may be congested in roads depicted by the Site as uncongested; existing roads may be missing from the map; users may submit faulty or inaccurate User Content or reports; sensors dependent on factors outside of our control could lose power. Such errors and omissions are inherent to any community-based service that operates on users’ posts and on the information provided by them. You agree and acknowledge that you assume full, exclusive, and sole responsibility for the use of and reliance on the Site and the services and content offered through the Site, and you further agree and acknowledge that your use of or reliance on the Site, and the services and content offered through the Site, is made entirely at your own risk and the Site and services are not a substitute for actual road conditions, such as travel direction, time based restrictions, lane restrictions, road blockades, traffic signs, traffic lights, police instructions, etc. You further acknowledge that it is your responsibility to comply with all applicable laws (including traffic laws) while using the Site. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE WAIVER OR DISCLAIMER OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE FOREGOING WAIVERS OR DISCLAIMERS MAY NOT APPLY. 12. Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL LINQTHINGZ, ITS AFFILIATES, RELATED ENTITIES, VENDORS, SUPPLIERS OR ANY OF THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, OR EMPLOYEES (COLLECTIVELY, THE "LINQTHINGZ PARTIES") BE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY AND/OR INCIDENTAL DAMAGES, OR ANY OTHER DAMAGE, LOSS, COST, EXPENSES AND PAYMENTS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF LINQTHINGZ HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, RELIANCE ON OR INABILITY TO USE THE SITE OR ANY OF ITS CONTENT OR SERVICE INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, INACCURACIES, BUGS, BREAKDOWNS, OR UNAVAILABILITY OF THE SITE OR SERVICES AVAILABLE THROUGH THE SITE. to the maximum eXtent permitted by law, the aggregate liabiliTy of the LinqThingz parties shall not exceed the total fees paid by you to LinqThingz, if any, in the six (6) months preceding the claim. YOU AGREE TO PROMPTLY NOTIFY LINQTHINGZ IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE LINQTHINGZ PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR AFTER IT ARISES (OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUTES OF LIMITATION) SHALL BE WAIVED AND RELEASED. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES OR WARRANTIES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS ABOVE MAY NOT APPLY. 13. Indemnification You agree to indemnify, defend, and hold harmless each of the LinqThingz Parties from and against any and all losses, expenses, third-party claims, liabilities, damages, and costs (including, without limitation, attorneys’ fees) arising from or related to your use of the Site, your use of any material, information, data downloaded or otherwise obtained from the Site, your User Content, or your violation of these Terms of Use or any applicable law, including without limitation, your infringement of any intellectual property or other right of LinqThingz or any other person or entity. 14. Interpretation and Disputes These Terms of Use are governed by the laws of the State of Wisconsin, without regard to any conflict of law’s provisions. Any dispute, claim or controversy arising out of, connected with, or relating to these Terms of Use, the Site, or the services offered through the Site, will be under the exclusive jurisdiction of the competent state or federal courts located in the State of Wisconsin. 15. Assignment You may not assign or transfer your rights in and to the Site, without the prior written consent of LinqThingz. LinqThingz may assign its rights in and to the Site to a third party at its sole and absolute discretion. 16. Entire Agreement These Terms of Use and the LinqThingz Privacy Policy constitute the entire agreement between you and LinqThingz relating to the subject matter herein, and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by LinqThingz. These Terms of Use will inure to the benefit of LinqThingz’s successors and assigns. 17. Notice LinqThingz may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to LinqThingz. 18. Electronic Communications You acknowledge that these Terms of Use are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms of Use and any other documentation, agreements, notices, or communications between you and LinqThingz may be provided to you electronically. Please print a copy of all such documentation, agreements, notices, or other communications for your reference. 19. Force Majeure LinqThingz shall not be liable to you or any other party for any delay or failure in performance due to events outside of our reasonable control, including without limitation, acts of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, pandemic, fire, flood, earthquake, storm or other like event, disruption or outage of third-party communications facilities or networks, power outage, labor strike, delays of common carriers, or any other circumstances beyond our reasonable control. 20. Internet Fees The Internet connection required to use the Site, and any associated charges (e.g. mobile data expenses) incurred by your use of the Site are your exclusive responsibility and made solely at your expense. Transmitting and receiving real-time updates to and from the Site, requires an online (e.g. Wi-Fi, 3G, 4G) connection between your cellular device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment. 21. Waiver and Severability Furthermore, no delay or omission by LinqThingz to exercise any right or any noncompliance on your part with respect to the Terms of Use shall impair any such right or be construed to be a waiver by LinqThingz. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law. 22. Contact To ask questions or comment about these Terms of Use, we may be contacted at: support@linqthingz.com.