Link On-Demand Transportation Application
Terms of Use
Effective date: August 1, 2020
The English version of the App and its content is intended for individuals covered by the exceptions outlined in the Charter of the French Language and its regulations. By continuing, you confirm that you fall within one of these exceptions.
These Link Demand-Responsive Transportation Application Terms of Use (« Terms » ) apply to the Link application and can be accessed through mobile applications or our website (« Services » ). The Services are owned by Cityway Canada (« Cityway »).
The “Services” provide a software platform that allows registered users to search for, book and receive on-demand transit rides from independent third-party transportation providers. Cityway is not a transportation service 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, non-profit organizations and private companies. For example, Cityway may enter into an agreement with a city or company to subsidize and / or promote the Services; Cityway may also license certain technologies in order to provide the Services. Affiliates are beneficiaries of the following sections: Limitation of Liability; Waiver and Dispute Resolution Associated with These Terms.
Please read these Terms carefully 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 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 »). In the event of a conflict between these Terms and the Additional Terms, the Additional Terms will apply, unless the Additional Terms expressly state otherwise.
Arbitration Notice: Except for certain types of disputes described in the Arbitration Agreement, Class Action Law, and Dispute Resolution Section below, you and the Released Parties (defined below, which includes, without limitation, Cityway and Cityway in Canada ) agree that disputes between you and Cityway will be resolved by binding individual arbitration and that you waive your right to participate in a class action or class-wide arbitration.
Please also see our privacy policy
TABLE OF CONTENTS
OWNERSHIP OF CONTENT OF SERVICES
YOUR LICENSE TO USE CITYWAY SERVICES CONTENT
MEMBERSHIP, REGISTRATION AND ACCESS CONTROLS
INFORMATION AND CONTENT YOU SUBMIT
UNSOLICITED IDEAS
USER INTERACTIONS AND DISPUTES
POLICY AND RULES OF USE
VIRAL DISTRIBUTION
DOWNLOADS
LINKS AND THIRD PARTY CONTENT
LINK BETWEEN POLICIES OF USE
LOTTERIES, COMPETITIONS AND PROMOTIONAL OFFERS
DISCLAIMER OF WARRANTIES
LIMITATION OF LIABILITY CLAUSE
DEFENSE AND COMPENSATION
YOUR OBLIGATIONS WHEN ACCESSING THE SERVICES
E-COMMERCE
TERMINATION
LOCATION OF SERVICES AND TERRITORIAL RESTRICTIONS
ARBITRATION AGREEMENT / GOVERNING LAW / CLASS ACTION WAIVER / DISPUTE RESOLUTION
MISCELLANEOUS
CHANGES TO THESE TERMS
SPECIAL CONDITIONS FOR APPLE iOS DEVICES
CONTACT US
OWNERSHIP OF CONTENT OF SERVICES
Unless explicitly stated otherwise, all materials included in or forming part of the Services, including, without limitation, present and past versions ; domain names ; graphics ; page layout ; text ; instructions ; images ; trademarks, logos and service marks ; audio ; music ; videos ; graphics and designs ; games ; technology ; applications ; artwork ; information ; data ; compilations ; any and all copyrightable material (including, without limitation, source code and object code) ; the look and feel of the Services ; the compilation, assembly and arrangement of the Services materials ; 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, trade dress, patent and other laws, rules, regulations and treaties.
The content of the Services may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, except with the permission of Cityway, as expressly provided in these Terms. Any unauthorized use of the content of the Services is prohibited.
YOUR LICENSE TO USE CITYWAY SERVICES CONTENT
You may visit our Services without further permission from Cityway. Cityway grants you a limited, personal, non-exclusive, non-commercial, revocable, non-sublicensable, non-assignable and non-transferable license to view and use the content of the Services, except as may be specifically limited by purchase or similar requirements. This license is subject to your full compliance with these Terms. When viewing or using the content of the Services, you must: (a) keep intact all copyright and other proprietary notices; (b) not modify the content of the Services ; and (c) not copy or adapt the object code associated with the Services or engineer, modify, or attempt to discover any source code associated with the Services, nor permit or assist any third party to do so (whether or not for your benefit). You also agree that you will not data mine, including by using any robot, data mining, or other similar technology. You may not extract data or other information, or copy or distribute the content of the Services (except through standard search engine or Internet browser use).
MEMBERSHIP, REGISTRATION AND ACCESS CONTROLS
Certain areas of the Services may require registration or 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 otherwise participate in any Services, such information will be governed by the privacy policy.
If you register with us, you agree that you will not sell or transfer your membership or membership rights. Cityway reserves the sole right (but is not obligated) to update, change or replace 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 deny you access in its sole discretion without notice.
You agree that you will be responsible for obtaining and maintaining your telephone, computer hardware and other equipment necessary to access and use the Services. You also agree to comply with all rules, laws and regulations applicable to your use of the Services, including, without limitation, those governing the transmission or use of data.
INFORMATION AND CONTENT YOU SUBMIT
The Services may provide you with the opportunity to post content publicly, such as through interactive features (such as sweepstakes, contests, promotional content, or surveys) and other communication features on the Services. These features may allow you to submit questions, comments, or other information (« User Content »).
Unless otherwise stated in the privacy policy posted or other agreement on the Services for which 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 that you submit and the right to grant Cityway all licenses and permissions related to these Terms ; or (ii) have all necessary licenses and permissions from the owner of such rights to enter into these Terms and grant Cityway the licenses and permissions related to these Terms. Upon Cityway's request, you will provide Cityway with any documentation, substantiation or disclosure necessary to verify your compliance with these Terms.
Cityway is not responsible for the substance of User Content and User Content does not necessarily reflect the views of Cityway. Cityway is not obligated to monitor User Content, but may do so in its sole discretion, and may remove or refuse to post User Content for any reason in its sole discretion.
You retain ownership 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 Cityway an unrestricted, worldwide, irrevocable, perpetual, transferable, royalty-free license (but not an obligation) to host, use, copy, distribute, display, perform, modify, translate, store, and otherwise exploit any and all of your User Content for any purpose in any 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 incorporated into any User Content for any purpose whatsoever, including, without limitation, developing, creating, manufacturing and marketing transportation services ; proprietary designs, 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 accessible by users of the Services and the Internet. This may include User Content that you submit through our accounts on social media sites ( e.g., Facebook, YouTube, Twitter and Instagram). To the extent possible, you waive any moral rights you may have in any User Content that you submit, even if such User Content is modified in a manner that you do not like.
You acknowledge that Cityway is working on or developing materials similar to or of the same nature as your User Content and that Cityway may have received similar or identical intellectual property rights from another party. Cityway does not owe you any obligations related to your Submissions unless you and Cityway enter into a written agreement to that effect. Any discussion or negotiation between you and Cityway regarding your Submissions does not constitute an acknowledgement of the novelty or originality of your User Content.
You agree that Cityway has no obligation to monitor or enforce your intellectual property rights in your User Content, but that Cityway has the right to protect and enforce its and its owners' rights in your User Content. You further acknowledge and agree that Cityway will have no obligation to you with respect to User Content and that Cityway may or may not monitor, display or accept your User Content and may remove it at any time.
UNSOLICITED IDEAS
Please do not send unsolicited ideas, creative suggestions and / or related materials through the Sites or any related party (« 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 product names. We want to avoid any misunderstandings when projects or services developed by or on behalf of Cityway may seem similar to their own creative ideas or materials. Therefore, please do not send such unsolicited submissions through these Services, including through the Contact Us feature, by email, or by any other means. However, if you decide to send such Unsolicited Submissions, you agree to grant Cityway the right and license to your Unsolicited Submissions as User Content as set forth in the "Information and Content You Submit" section above.
USER INTERACTIONS AND DISPUTES
You are solely responsible for your interactions with other users of the Services, whether online or offline. We are not responsible for any user's conduct. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Use common sense and your best judgment in your interactions with others, when submitting or posting personal or other information, and in all other online activities.
USER POLICY : RULES OF USE
When you upload or provide User Content to the Services, you agree to comply with the following usage rules (« Rules ») :
VIRAL DISTRIBUTION
Cityway may permit you – but only with express written permission – to engage in certain personal uses of Service Content that include the ability to share Service Content with others (« Viral Distribution »). For example, a Service may permit you to send Service Content to your friends, post Service Content on your personal website, or post Service Content on a third-party website. You understand that only Cityway may make claims, promises or representations on Cityway’s behalf 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 endorses your comments. We reserve the right to revoke our Viral Distribution permission at any time and for any reason. You agree to cease Viral Distribution immediately upon notice of revocation and to comply with all terms and conditions that we post in connection with Viral Distribution of Service Content.
NOTICE TO THIRD PARTY SITES: Any Service Content made available as part of your webpage, social media or otherwise, by our widgets, third party widgets or otherwise, is the exclusive property of Cityway. We make no grant of intellectual property rights. We retain the right to require that you cease any use of our Service Content upon notice.
DOWNLOADS
If you download 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 any Cityway Service ( « Downloads » ), you are granted a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to such Downloads by us or the owner of the Downloads. Title to the Downloads is not transferred to you. You may own the media 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, disassemble, reverse engineer, or otherwise reduce the downloads to a perceivable form (except to the extent permitted by applicable law), or transfer the downloads to any third party. All 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.
LINKS AND THIRD PARTY CONTENT
There may be links between the Services or communications you receive from the Services to third-party websites or online features. The Services may also include third-party content that Cityway does not control, maintain, or endorse. Features on the Services may also allow interactions between the Services and a third-party website or online feature, including applications that link the Services or your profile on the Services to a third-party site (including, without limitation, Facebook, YouTube, Twitter, and Pinterest). For example, the Services may include a button that allows you to indicate, on social media, that you “ like ” a specific product on the Services, or a feature that allows you to post on your social media accounts a link to content on the Services or the ability to share content from the Services or your user content posted on the Services with a third party. This content may be publicly displayed on that third party’s website. Use of this feature generally requires you to log in 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 representations or warranties about the completeness, accuracy or existence of any advertising, products or other materials available on third-party sites or online features, and any reliance you place on such materials is at your own risk. If you choose to use applications that connect a Service or your profile to a service on a third-party site, you acknowledge and consent to the sharing of information about your account ; and that your use of such third-party applications may result in information about you being 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, payment and delivery of products and services, and the terms, conditions, warranties and representations associated with such dealings, are solely between you and the third party. You acknowledge and agree that Cityway is not responsible for any loss or damage you may incur as a result of your interaction with any third party.
LINK POLICIES
Cityway grants you revocable permission to link to the Services ; provided, however, that any link to the Services: (a) must not frame or otherwise restrict or create a border environment around any of the content of the Services or any portion of the Services ; (b) must not imply that Cityway or the Services endorse or sponsor any third party or its products or services, unless Cityway has given its prior written consent to the third party ; (c) must not misrepresent, disparage or tarnish, Cityway's sole opinion, or otherwise harm Cityway or its products or services ; (d) must not use any Cityway trademarks without Cityway's prior written permission ; and (e) must not contain any content that could be construed as distasteful, offensive, controversial or otherwise objectionable (in Cityway's sole opinion) ; (f) must not be owned and controlled by you or the linked person or entity, or permit you to enable such a 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, promotes violence or illegal acts, contains expressions of racism, is defamatory, scandalous or otherwise inappropriate (in Cityway's sole discretion). If you do establish a link to the Services, the link must be in clear text unless approved in advance in writing by Cityway. Cityway reserves the right, in its sole discretion, to terminate a link to any website that it deems inappropriate or inconsistent with the Services or the Terms of the Services. By linking to the Services, you agree to comply with the above linking requirements. Cityway reserves the right to prohibit linking to the Services for any reason in our sole and absolute discretion.
LOTTERIES, COMPETITIONS AND PROMOTIONS
Any sweepstakes, contests or promotions (« Contests ») 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 any such contest, you will be subject to its official rules. It is your responsibility to read the applicable rules to determine whether your entry or registration will be valid or restricted, and to determine the Sponsor’s requirements in connection with the contest.
DISCLAIMER OF WARRANTIES
To the extent permitted by applicable law, the Services, including, without limitation, the Service 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 extent permitted by applicable law, Cityway and Cityway in Canada, and their respective parents, subsidiaries, affiliated entities and businesses, vendors, and directors, officers, employees or other representatives of each of them (“ Released Parties ”), make no representations, warranties or endorsements of any kind, express or implied, as to: (a) the Services and the Service Content ; (b) the tickets, products and services sold by Cityway through the Services ; (c) the User Content ; and / or (d) the security associated with the transmission of information to Cityway or through the Services. Further, to the extent permitted by applicable law, the Parties hereby disclaim all warranties, express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, passive enjoyment, system integration and freedom from computer virus.
The Released Parties do not warrant or represent 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 are free of harmful components, including, without limitation, viruses. The Released Parties make no representation or warranty that the information on the Services is accurate, complete or useful. You acknowledge that your use of the Services is at your sole risk. The Released Parties make no representation that your use of the Services is legal in any particular jurisdiction, and the Released Parties expressly disclaim any such warranties.
By accessing or using the Services you represent and warrant that your activities are legal in all jurisdictions 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 CLAUSE
To the maximum extent permitted by applicable law, you agree that in no event will the Released Parties be liable to you or anyone else for any indirect, economic, special, incidental or consequential loss or damages relating to: (a) the Services (including without limitation all information, products, services, downloads, features, purchases and service content on and / or obtained through the Services) ; (b) User Content ; (c) your use of, inability to use, or performance of the Services ; (d) actions taken in connection with an investigation by the Released Parties or law enforcement authorities relating to your use of the Services ; (e) actions taken with respect to copyright or other intellectual property owners ; or (f) any errors or omissions in the technical operation of the Services ; (g) any damages caused by events beyond our reasonable control, such as damage to the user's computer, mobile device or other equipment or technology, including, without limitation, damages caused by a security breach or virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or other technical or other malfunction, including, without limitation, damages for loss of profits, loss of goodwill, loss of data, work stoppage, accuracy of results, computer failure or malfunction, even if foreseeable or even if the Released Parties have been advised of or should have been advised of the possibility of such damages. However, to the maximum extent permitted by applicable law or arbitration standards or rules, in no event will the Released Parties be fully liable for all damages, losses or causes or actions that exceed the amount you paid, if any, to Cityway for a product ordered through the Services. The foregoing limitation on damages is not intended to limit the Released Parties obligation to pay any costs or fees of Released Parties in effect if in accordance with applicable law.
You agree that in the event of any damages, losses or injuries caused by the acts or omissions of the Released Parties, the damages, if any, caused to you are not irreparable or sufficient to entitle you to rescission, injunction or other equitable relief restraining any exploitation of any application, website, property, product, program, service or other audiovisual content owned or controlled by the Released Parties, and you will have no right to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any Service content (including, without limitation, application or website) or any transportation service, property, product, service owned or controlled by the Released Parties.
DEFENSE AND COMPENSATION
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 arise directly or indirectly from: (a) your User Content ; (b) your use of the Services or activities related to the Services ; (c) your breach or anticipated breach of these Terms ; (d) your violation of any laws, rules, regulations, codes, statutes, or orders of any governmental and semi-governmental authority, including, without limitation, all regulatory, administrative and legislative authorities ; (e) any information or material transmitted through your computer, even if not submitted by you, that infringes or misappropriates any copyright, trademark, trade dress, trade secret, trade dress, patent, publicity, privacy or other right of any person, or defames any person ; or (f) any false statement made by you ; (g) the Released Parties ’ use of your information as permitted by these Terms, the Privacy Policy, or any other written agreement between you and us. You will cooperate as fully requested 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 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). Charges will appear on your mobile device bill or be deducted from your prepaid balance. Your carrier may prohibit or restrict certain features and some features may be incompatible with your carrier or mobile device. Please contact your carrier if you have any questions about these. If applicable, instructions on how to disable features will be disclosed in the terms of use for 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 applicable sales tax for orders. For other taxes, 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 through an 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 provider and additional terms imposed by the provider may apply. Those terms will continue to apply to your access to and use of the purchase, ticket, product or service, except where those terms conflict with the terms imposed by the third-party provider.
In the event that a product is listed at an incorrect price or with incorrect information due to typographical error or error received from its suppliers, Cityway has the right, to the fullest extent permitted by applicable law, to refuse or cancel any orders for tickets, products or services listed at the incorrect price. Cityway has the right to refuse or cancel any such orders whether or not the order has been confirmed, even if your credit card has been 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.
Receipt of an electronic order confirmation does not constitute Cityway's acceptance of your order or 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 notice, to supply less than the quantity you ordered of any item. Cityway may require additional verification 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 without liability, including, without limitation, if Cityway believes that your conduct violates these Terms. Cityway also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violations arising from emails you send to the Services or to Cityway. Any violation of these Terms may be referred to law enforcement authorities.
LOCATION OF SERVICES AND TERRITORIAL RESTRICTIONS
Cityway controls and operates the Services from offices in the United States and Canada and makes no representation or warranty that the information, products or services provided are appropriate for use or access in other locations. The information provided on the Services is 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. Any person who uses or accesses the Services from outside the United States or Canada does so on his or her own initiative and is responsible for compliance with Canadian 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 region or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any tickets, content, programs, products, services or other features that we provide.
Software related to or made available through the Services may be subject to export controls. Accordingly, no software from the Services may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which an embargo on goods has been imposed or that has been designated by the government as a “terrorist supporting country” ; or (b) to any person not authorized by the government. By downloading any software related to the Services, you represent and warrant that you are not under the control of a resident of any such country, or on any such list.
ARBITRATION AGREEMENT / GOVERNING LAW / CLASS ACTION WAIVER / DISPUTE RESOLUTION
You and the Released Parties waive the right to a jury trial and the right to bring or resolve any dispute as a class, consolidated, representative, collective, or private action. You and the Released Parties waive the right to participate in a general class, consolidated, representative, collective, or private action related to any dispute brought by someone else. If an arbitration entity is used, the arbitrator shall not have the authority or jurisdiction to hear the arbitration as a general class, consolidated, representative, collective, or private action or to consolidate, join, or otherwise combine the claims of different persons into a single proceeding.
You agree that these Terms and your use of our Services shall be governed by the laws of the United States, without regard to its conflict of law principles. The parties each agree to finally resolve all disputes solely by arbitration; however, to the fullest extent permitted by applicable arbitration rules or standards, Cityway and the Released Parties shall have the right to seek injunctive or equitable relief in the courts of the State and any other court having jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator's decision and award shall be final and binding, with limited exceptions, and judgment on the award may be entered in any court having jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to your use of our Products and Services and/or their Terms of Use, shall be resolved solely by binding arbitration before a single arbitrator under simplified statutory procedures. In the event that simplified statutory procedures are not applicable, either party may elect to have the arbitration administered by another arbitration administration service, by mutual agreement. 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 in any other proceedings that involve claims or controversies of any other party, including class actions or class arbitrations ; however, if for any reason a court or arbitrator finds this restriction to be unconscionable or unenforceable, then this agreement to arbitrate shall not apply and the dispute must be brought in a court of competent jurisdiction. The Released Parties agree to pay the administrative and arbitrator fees to conduct the arbitration, but specifically excluding (i) any of your travel or other expenses to attend the arbitration hearing and (ii) if you initiate the arbitration against us, you will be responsible for any arbitration fees. Either party may, notwithstanding this provision, bring applications for admissibility before a court.
MISCELLANEOUS
Cityway's failure to act with respect to a breach of these Terms by you or others shall not constitute a waiver and shall not limit Cityway's rights with respect to such breach or any subsequent breach. No waiver by Cityway of any of these Terms shall be effective unless in writing and signed by a duly authorized officer of Cityway. Neither the course of conduct between the parties nor trade practice shall act to modify these Terms. Cityway may assign its rights and duties under these Terms to any party at any time without notice. You may not assign any Terms to yourself without Cityway's prior written consent. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. If a court or other decision-maker should determine that any provision of these Terms is overly broad, unfair or unreasonable, that provision shall be enforced to the extent possible by narrowing or partially enforcing that aspect of the provision found to be overly broad or unreasonable. The headings listed in this section are inserted for convenience only and have no legal or contractual effect. You agree that these Terms will not be construed against Cityway because Cityway drafted them. No modification of these Terms, or any action, or delay, will be binding unless granted in writing and signed by Cityway (including, without limitation, the disclaimer and limitation of liability waiver ; the arbitration waivers and agreements regarding applicable law; the class action waiver and dispute resolution).
CHANGES TO THESE TERMS
Cityway reserves the right, in our sole discretion and at any time, to modify or add to the terms of these Terms. We will notify you of material changes by posting the amended terms and conditions (« Updated Terms »). Cityway may also provide notice in other ways at our discretion, such as through contact information you have provided. Your use of the Services after we have posted the Updated Terms constitutes your agreement and consent to the Updated Terms. Accordingly, you should read these Terms before using the Services. The Updated Terms will be effective from the time they are posted, or such later date as may be specified in the Updated Terms, and will apply to your use of the Services from that time forward. If the change impacts a dispute that arose between you and us prior to the date we make the revised Terms incorporating such changes available, we will keep you informed of the impacts of such changes.
SPECIAL CONDITIONS FOR APPLE iOS DEVICES
Notwithstanding anything else in these Terms, the following subparagraphs apply to users of the Services through any of our Link Microtransit / On-Demand Transportation applications on Apple's iOS platform (« App »).
Acknowledgement. You acknowledge that this Agreement is between you and Cityway only, and not with Apple. Cityway, not Apple, is solely responsible for the Link Application and Content. You further acknowledge that the Application may not be used in any manner inconsistent with Apple's App Store Terms of Service as of the Effective Date.
License Scope. You are granted a non-transferable license to use the App on any iOS Device that you own or control, subject to the usage rules set forth in the Apple App Store Terms of Service. The App may be accessed, acquired, and used by other accounts associated with the purchaser through Family Sharing or Volume Purchase (if applicable).
Maintenance and Support. Cityway is solely responsible for maintenance and support of the Application as specified in these Terms or as required by applicable law. You and Cityway acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
Warranty. Cityway is solely responsible for all 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 the App (if any) to you. 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 of the App 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, without limitation, (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 to the extent permitted by applicable law.
Intellectual Property Rights. In the event of any third-party claim that the App or your possession and use of the 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.
CONTACT US
If you have any comments or questions regarding these Terms, or wish to report any violations of these Terms, please email link.support@cityway.io.
Addresses :
Cityway USA Inc., 720 E. Butterfield Road, Lombard, Illinois 60148 , USA
Cityway Canada Inc., 9160, Boulevard Leduc , Bureau 510, BROSSARD, QC, J4Y 0E3, Canada.