Terms of use

Welcome to LYNKS™

These Terms of Use govern your use of LYNKS and its related applications, content, products and services, including the LYNKS™ software as a service offering (“Software”) and chat areas, bulletin boards, e-mail functions, information such as product, programs, pricing, marketing, and other content or services with which you can upload, download or share information for the purpose of using the LYNKS™ Software (collectively “Services”). Software and Services, and other information, content and services are collectively referred to as “Content.” These Terms of Use are a legal agreement between you and Ran Transportation, LLC. (“we” “us” “our” or “Company”). By accessing or using the Services or the Content, you agree to follow and be bound by the following terms and conditions concerning your access to and use of the Services and Content (“Terms”) and our Privacy Policy. In order to use the Services or access the Content, you must first agree to these Terms. You may not use the Services or Content if you do not accept these Terms and by using the Services in any manner, you agree to follow and be bound by the Terms and that you are at least 18 years of age.

Modification of Terms and Additional Terms

We may revise these Terms and Privacy Policy at any time without notice to you. The revised Terms and Privacy Policy will be effective when posted. You can review the most current Terms and Privacy Policy at. Any changes or modifications will be effective upon posting, and your use of the Services following the posting will constitute your acceptance of these Terms and any additional or modified terms.

There is no service-level agreement with the Services. You acknowledge and agree that the Services may not be available from time to time due to maintenance or service or network disruptions, and by your use of the Services you agree to hold harmless Company for any such service interruptions.

Registration, Usernames, Passwords and Security

In order to access the certain features of the Services or Content, you will be required to register specific information with Us in order to receive a username (Login ID) and password. You agree to use the Services only for the purposes that are permitted by (a) your or your company’s agreement with Company, (b) these Terms, and (c) any applicable law or regulation. You agree not to interfere or attempt to interfere with the proper working of the Services and not to use any robot, spider or scraper or to the automated means to access the Services or any Company accounts, computer systems or networks without Company’s express written permission.

Any username or password provided to you, or chosen by you, are for your personal use, and may not be used by anyone else (including other employees or agents of your company). You and your company are entirely responsible for maintaining the confidentiality of your username and password and you agree to take security measures sufficient to prevent unauthorized disclosure or use of your user name and password assigned to you as a user of the Services. You agree not to share your password, account information, or access to the Services with any other person. Furthermore, you and your company are entirely responsible for all activities that occur on this Services using your name and password, whether or not the activities or the use of your password was authorized by you or your company. You or your company must notify Us immediately of any known or suspected unauthorized use of your username or password or any other breach of security.

Updating User Information

Your use of the Software is subject to all agreements such as a user agreement that accompanies or is included with the Software, and other terms and conditions that apply (the “License Terms”). In the event the Software is provided on or through the Services and is not licensed for your use through License Terms specific to the Software, you may use the Software subject to the following: (a) the Software may be used solely for your personal, informational, and noncommercial purposes; (b) the Software may not be modified, altered or copied in any way; and (c) the Software may not be redistributed.

Use of Software as a Technology Platform

You agree not to use the Services for any commercial uses other than as permitted by the License Terms or Company’s prior written approval. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “crawlers,” or “offline readers (other than screen readers and similar devices designed to assist visually impaired persons) that accesses the Services.

You acknowledge that the Software and Services constitute a technology platform that enables Users to arrange and schedule transportation and/or logistics services among independent parties for commercial purposes. You acknowledge that Company does not provide transportation or logistics services or function as a transportation carrier and any transportation or logistics services provided by Users or other third parties are independent of and distinct from the Services provided by Company.

Broker’s Commissions and Records

You agree that your use of the Services or Software does not permit you to demand, in whole or in part, broker’s commissions, if applicable, earned on shipments tendered related to your use of the Services or Software, and you agree not to claim or demand the same. You agree that Company shall not be required to disclose the amount of any broker’s commission, if any, to you and that you expressly waive the right to receive and review information retained pursuant to 49 CFR §371.3, including broker’s commission information.

Company Intellectual Property Rights and Ownership

During your permitted use of the Services and Content, We grant you a limited, personal, non-exclusive and non-transferable license to use and to display the Content solely for your use and pursuant to these Terms and any applicable License Terms. Except for the license set forth in the preceding sentence, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Content in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms or if We terminate your use of the Services for any reason. Expect as stated herein, you acknowledge that you have no right, title or interest in or to the Services or any Content or Company proprietary information, including the Software.

Reservation of Rights

The Services and Content provided are the proprietary and intellectual property and copyrighted or trademarked works of Company. You acknowledge and agree that We own all title and interest to the Services, the Content, and the Software including any intellectual property rights that subsist in the Services (whether those rights happen to be registered or not) and that such are protected by United States and international copyright, trademark and other laws. Except as stated in these Terms, no Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form by any means, without the prior written consent of Company. All rights, title and interest not expressly granted with respect to the Services and Content provided are reserved. All Content is provided on an “As Is” and “As Available” basis, and We reserve the right to terminate permissions granted to you and your use of the Content at any time.

Software Updates

We may offer proprietary Software in conjunction with the Services, and it is possible that such Software may automatically update from time to time. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new Services.

Privacy Statement

We consider protecting your personal data to be important, and has developed a Privacy Policy describing our personal data collection and use and practices, which is incorporated by reference as if set forth in its entirety herein. Please refer to our Privacy Policy for detailed information.

Your Content

You agree that you will only upload, share, post, publish, transmit, or otherwise make available (“Share”) on or through the Services Content that you have the right and authority to Share and for which you have the right and authority to grant to Company all of the licenses and rights set forth herein. By sharing Content, you agree that any content you post or provide shall immediately confer on Company a perpetual, irrevocable, fully paid license to use such content, and you waive all claims against Company, any Company affiliates or its agents for infringement or any form of royalties or compensation based on its use of such Content. This includes, without limitation, the right to incorporate or implement the Content into any Company product or service, and to display, market, sublicense and distribute the Content as incorporated or embedded in any product or service distributed or offered by Company without compensation to you. You warrant that (i) you have the right and authority to grant this license; (ii) that Company’s exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party rights; and (iii) all so-called moral rights in the Content have been waived to the full extent allowed by law.

No Unlawful or Prohibited Use

You agree not to use the Services or Content for any purpose that is unlawful or prohibited by these Terms.

Policies and Enforcement

We have the right, but not the obligation, to monitor any activity and Content and interactive areas on the Services. We may access the Services and Content at any time and use and Content internally for any lawful purpose. We may disclose such information to any third party including law enforcement agencies to protect our rights and property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any appropriate action we deem appropriate, including without limitation, issue a warning, suspend or terminate your access and use of the Services, License, Software, and/or Content at any time.

Subscription Services and Cancellation

You may access certain features of the Services and Content only through a subscription based licensed (“License”) purchased by you or provided to you from another purchaser. Cancellation of your License, or a License under which you are provided access to the Software or Services will cancel your UserID and access to the Software, including certain portions of the Services and Content. We may, in our sole discretion, at any time discontinue providing or limit access to the Services or Content provided as part of the Services.

Disclaimer

TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF OR RELIANCE ON ANY CONTENT OR THIRD PARTY CONTENT CONTAINED IN OR INFORMATION SUBMITTED TO THE SERVICES, OR FOR ANY THIRD PARTY SERVICES, AND THE RISK OF DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES, ACCESS TO THIRD PARTY SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF A THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. YOU AGREE THAT COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE OF THE SERVICES OR CONTENT PROVIDED AT OR THROUGH THE SERVICES) OR ARISING OUT OF USE OR INABILITY TO USE OF THE SERVICES, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED FROM THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

Limitation on Liability

COMPANY’S TOTAL LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ASSOCIATED WITH ANY CLAIM ARISING FROM THE SERVICES, SOFTWARE, LICENSE OR CONTENT, FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SERVICES, IF ANY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS, THEY MAY NOT APPLY TO YOU, AND YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS

Indemnity

You agree to defend, indemnify and hold Company and its respective employees, officers, members, agents and assigns harmless form any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of the Services, Software or Content.

Consent to email Communication

When access the Services or send an email to us, you are communicating with Us electronically. You consent to receive communications from Us (including our vendors) electronically and agree that We (including our vendors) may communicate with you by email or by posting notices on the Company’s website.

Hyperlinks

You may provide hyperlinks from your own websites as long as you do not use any Company trademarks, and do not hyperlink to the Company’s website by any means that gives visitors to your own website the impression that you are hyperlinking to pages that are within your own website, or that Company endorses your website, sponsors your website, or is in any way affiliated with your website. You shall not attribute a hyperlink on your website to the Company’s website and then hyperlink somewhere else. You may not “frame” any portion of the Services or present any portion of the Services as belonging to you or any third party.

We make no claim or representation regarding, and accepts no responsibility or liability for, the quality, content, nature or reliability of website accessible by hyperlink from the Services, or website linking to the Company website or Services. Furthermore, these links do not imply endorsement by or affiliation with any third party or any third-party website, products or services provided by any third party.

Minors

Persons who are not of the age of majority are not eligible to use the Services and We ask that no information in relation to such persons be submitted to us.

Third Party Content/Services

Certain Content from third parties (“Third Party Content”) may be made available as part of the Services or through links from the Company’s website. We make no representation with respect to, nor does it guarantee or endorse the accuracy, completeness, timeliness, reliability, suitability, or correct sequencing of any Third Party Content. Likewise, We do not endorse, oppose or edit any opinion or analysis expressed by such third parties. You should refer to the policies posted on third party website regarding privacy and terms of use prior to using such services. You agree that We are not responsible for Third Party Content accessible through the Services, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such Content.

You expressly acknowledge that the Services may be used to connect with others for the provision of transportation or logistics services and that use of the Services may require wireless internet service, SMS and/or MMS texting services and/or other data services, together with third party drivers, Users or other personnel (collectively, “Third Party Services”). You agree that each party providing any service other than the Services defined herein (collectively, “Third Party Service Providers”) shall provide such service independent of the Services provided by Company and that you and/or your Users are solely responsible for obtaining any and all necessary equipment that may be required by any Third-Party Provider (collectively, “Third Party Equipment”). You acknowledge that Company does not endorse any Third Party Service Providers and make no representation as to such Third Party Service Providers’ ability, suitability, reputation or level of service.

Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without resort to any conflict of law principles. Regardless of where you access the Services, you agree that any action at law or in equity arising out of or relating to these Terms or the Services shall be filed and adjudicated only in the federal or state courts located in Franklin County, Ohio, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceedings arising out of these Terms or use of the Services, Software, or Content.

Notices for California Residents

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210.

Any California residents under the age of eighteen (18) who have, and who have posted Content or information on the Service, can request that such information be removed from the Service by contacting us at the e-mail or address set forth in the “Contact Us” section below making such a request, stating that they personally posted such content or information and detailing where the content or information is posted. We will make reasonably good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third parties may have republished the post and archived copies of it may be stored by search engines and others that We do not control.

Waiver and Severability

Company’s failure to exercise or enforce any rights or provisions in these Terms shall not constitute a waiver of such right or provision. If any part or provision of these Terms is found to be unenforceable, such part or provision may be modified to make the Terms as modified legal and enforceable without affecting the remainder of the Terms.

Contact Us

If you have any questions regarding these Terms, please contact us by clicking on the Contact Link on the Services or by emailing us at support@lynks2go.com.