DrivLynk Terms of Use

These DrivLynk Terms of Use (these “Terms”) set forth a binding contractual agreement between you and DrivLynk Technologies, LLC, a Wyoming limited liability company (“DrivLynk,” “we,” “us” and “our”). These Terms govern your access https://www.drivlynk.com (the “Site”) and all related websites, software, technologies, data, features and other services provided by us (together with the Site, the “Services”).

PLEASE CAREFULLY READ THESE TERMS BEFORE USING THE SITE OR THE SERVICES. THESE TERMS AFFECT YOUR LEGAL RIGHTS, INCLUDING LIMITING DRIVLYNK’S LIABILITY AND REQUIRING DISPUTE RESOLUTION ON AN INDIVIDUAL NON-CLASS BASIS. SEE SECTIONS 14-16 FOR ADDITIONAL INFORMATION.

BY USING THE SITE OR SERVICES, YOU (I) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THESE TERMS; (II) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; (III) CONSENT TO COLLECTION, USE, AND SHARING OF YOUR PERSONAL INFORMATION AS DESCRIBED IN OUR PRIVACY POLICY; AND (IV) AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE OR SERVICES.

Changes to Terms of Use. These Terms are subject to change. You agree that we may change, terminate, modify, add, end, or delete any of these terms and conditions. We will indicate any such changes or modification by posting the updated version of the Terms on this page and changing the “Effective Date” at the beginning of the Terms.

Your Account. In order to access or use some of the features of the Site and Services, you must first register through the Site. You must be at least eighteen (18) years of age to create an account or otherwise use the Site and Services (an “Account”). In order to create an Account, you may be required to provide certain information, including your name, email address, date of birth, and other information requested by DrivLynk from time to time. If you choose to participate in identity verification or other verification programs offered through the Services, you may also be required to provide government-issued identification, verification documents, photographs, or additional information necessary to complete the verification process.

You agree that you will:

not use an Account (or email address) that is already being used by someone else;

not impersonate another person, use credentials or information that belong to another person or Account or that violates the intellectual property rights or other right of any person or entity;

not use or post any information or content that is offensive;

provide true, accurate, current, and complete registration information about yourself in connection with the registration;

be solely responsible for all activities that occur under your Account;

immediately notify us of any unauthorized use of your Account, or any other breach of security; and

not sell, transfer, or assign your Account or any Account rights.

You are solely responsible for maintaining the confidentiality and security of your Account information. You will remain responsible for all activity emanating from your Account, whether or not such activity was authorized by you. We reserve the right to disallow, cancel, remove, or reassign certain Accounts in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend, terminate, and delete your Account if activities occur on that Account which, in our sole discretion, would or might constitute a violation of these Terms or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.

Subscriptions and Purchases.

We may offer certain products and services for purchase (“Subscription Services”) through Stripe for a recurring fee (the “Subscription Fee”). If you subscribe to any Subscription Services, you will be required to authorize the Subscription Fee with Stripe. Your “Subscription Period” is the interval of time between each recurring billing date and corresponds to the term of the Subscription Services. The terms of Subscription Fee and the Subscription Period will be presented to you at the time you authorize payment. At the beginning of each Subscription Period, we will charge you a periodic Subscription Fee on a recurring basis corresponding to the terms of the Subscription Services and any applicable taxes or fees. You are solely responsible for any and all fees charged to your Account and payment method. To the extent permitted by applicable law, the Subscription Services will automatically renew for the Subscription Period unless and until you cancel the Subscription Services, or your Account is otherwise suspended or terminated pursuant. ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW. Any purchases using Stripe may be subject to their terms and privacy policy. To cancel a subscription to the Service(s) please follow the cancellation instructions https://support.stripe.com/questions/cancelling-a-subscription-made-through-stripe and/ or as otherwise published by Stripe from time to time.

We may offer certain products and services for purchase on a one-time, non-recurring basis (“One-Time Purchases”). If you make a One-Time Purchase, you will be required to authorize payment through Stripe. The applicable price, any associated taxes or fees, and other transaction-specific terms for each One-Time Purchase will be presented to you at the time of purchase on the checkout interface or payment page. You agree that the prices and terms displayed at the time you authorize payment govern your purchase. At the time of authorization, we will charge you the total amount shown, including any applicable taxes or fees. You are solely responsible for any and all fees charged to your Account and payment method. ALL ONE-TIME PURCHASES ARE FINAL EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW. Any One-Time Purchases using Stripe may be subject to Stripe's terms and privacy policy. For questions regarding payments or to address any issues related to a One-Time Purchase, please refer to the cancellation, refund, or support processes published by Stripe from time to time.

If the payment provider is unable to secure funds from you for the Subscription Fees or other fees for any reason, including, but not limited to, insufficient funds or insufficient or inaccurate information provided when submitting electronic payment, DrivLynk may undertake further collection action, including recovery of fees and interest to the extent permitted by applicable law, and we reserve the right to suspend or terminate your Account and/or access to the Subscription Services, One-Time Purchases or other purchases. You agree to waive all claims against DrivLynk and its affiliates related to any unauthorized payments made on or through the use of your Stripe account outside of our control, regardless of whether such payments are authorized or unauthorized.

We reserve the right to change the terms of the Subscription Services and One-Time Purchases, including the Subscription Fee, from time to time, effective as of the beginning of your next Subscription Period or purchase following the date of the change. We will give you advance notice of these changes. In the event of any increase in the price or material reduction in the features of the Subscription Services, we will communicate these change(s) to you at least thirty (30) days in advance and the changes will only take effect with respect to any renewal of the Subscription Services following the applicable thirty (30) day period. You can cancel the Subscription Services prior to the effective date of the changes by following the instructions set forth above. If you do not cancel the Subscription Services prior to the applicable effective date of the changes, the Subscription Service will be modified to reflect the applicable change to the Subscription Fee. If you cancel the Subscription Services, you will continue to have access to the Subscription Services until the end of the Subscription Period. Please note that cancelling the Subscription Services does not delete your Account. If you would like to delete your Account, at any time by navigating to My Information Settings and selecting Delete Your Account at the bottom of the page. To proceed with deletion, you will be required to enter and confirm your account password. Once confirmed, your account will be scheduled for deletion. After a 30-day retention period, your account and all associated data will be permanently deleted from our systems, subject to any legal or regulatory retention requirements.

Your Use of the Services and Site; Restrictions.

Subject to your strict compliance with these Terms, we grant you a limited, personal, non-exclusive, revocable, non-assignable, and non-transferable right and license to access and use the Site Services, and to use the features and view the content therein, solely for their intended purposes.

The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, the Site, the Services, or any content; and (ii) may be immediately suspended or terminated for any reason, in our sole discretion and without advance notice or liability. Your unauthorized use of the Services, the Site, or content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

The above license is conditional upon your strict compliance with these Terms and any applicable federal, state, and local law, statutes, regulations (“Applicable Law(s)”). Further:

You will not engage in any activity in connection with the Site or the Service that is unlawful, harmful, offensive, obscene, violent, threatening, harassing, abusive, or otherwise objectionable to DrivLynk;

You must not employ scraping or similar techniques to aggregate, repurpose, publish or otherwise make use of any content;

You must not alter or remove, attempt to alter or remove any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Services, the Site, or any content (other than your User-Generated Post);

You must not, and must not permit any third party to, copy or adapt the object code of the Site or any of the Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Site or Services, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to content other than your content;

You will not infringe on the intellectual property rights or any other right of DrivLynk or any third party;

You must respect the wishes of other users. If you are blocked by another user, you agree to not attempt to contact them from the Account you were blocked from or any other account or service;

You must not use the information on the Site and Services to harass, threaten or intimidate individuals using the Services;

You will not transmit any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, or actions that potentially could overburden, impair or disrupt the Site, Services, or the security and the servers or networks forming part of, or connected to, the Site or Services, or which actually or potentially could restrict or inhibit any other user's use and enjoyment of the Site or Services;

You may not use any automated systems, bots, spiders, or intelligent agent software (or similar technologies) for any purposes inconsistent with these Terms;

You will not use the Services for any political or commercial purposes, including any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation;

You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation; and

You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, including but not limited to registering an Account in the name of another person or company or sending messages or making comments using the name of another person.

You agree to comply with the above conditions and acknowledge and agree that DrivLynk has the right, in its sole discretion, to terminate your Account or take such other action such as deleting a User Generated Post as we see fit if you breach any of the above conditions or any of the other terms of these Terms. This may include taking court action and/or reporting offending users to the relevant authorities.

Intellectual Property Rights.

The Site, Services, and their contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by DrivLynk, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All related names, logos, product and service names, designs, and slogans are trademarks of DrivLynk or its affiliates or licensors. You must not use such marks without the prior written permission of DrivLynk. All rights not expressly granted to you are reserved by DrivLynk and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise.

Access to the Site and the Services.

You are solely responsible for all software, hardware, fees, expenses, costs, and taxes for you to access or use the Site and/or Services.

The Site and the Services may be unavailable from time to time for any reason including, for example, routine maintenance. You understand and acknowledge that, due to circumstances both within and outside of the control of DrivLynk, access to the Site and/or Services may be interrupted or suspended from time to time.

DrivLynk shall have the right at any time to change or discontinue any aspect or feature of the Site or Services, including, but not limited to, content, availability, features, Subscriptions, One-Time Purchases, and equipment needed for access or use the Site or Services.

You may delete your Account at any time through our Site, or you can contact us at Support@drivlynk.com .If you have an active Subscription Services, you will need to cancel your subscription as described above before deleting your Account.

We may immediately terminate the availability of the Site or the Services, in whole or in part, to any individual user or all users, for any reason, in DrivLynk’s sole discretion, and without advance notice or liability.

Upon termination of your access to the Site and/or Services, or upon notice from DrivLynk, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Site and the Services.

User Generated Posts and Community Guidelines.

You may now or in the future have the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit on the Services (collectively, “Submit”) messages, text, images, photos, comments, responses, audio, videos, information, ratings, reviews, data, questions, suggestions, personal information, or other information or materials and the ideas contained therein (collectively, including any content included therein, “User Generated Posts”). You acknowledge that any User Generated Posts that you Submit through the Site or Services will be deemed to be non-confidential and may be disclosed through the Services to other parties on a worldwide basis. You represent and warrant to us that the User Generated Posts you Submit to us or any other user is accurate.

You agree that DrivLynk shall have, and you hereby grant to DrivLynk, a worldwide, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to, use, or authorize others to use, in any form or media, any User Generated Posts that you Submit to DrivLynk.

DrivLynk does not endorse any User Generated Posts, or third-party product or service that may appear in connection with use of the Services.

You understand and agree that we may monitor or review your User Generated Post, and we reserve the right to remove, delete, edit, limit, or block or prevent access to any of User Generated Posts at any time at our sole discretion. Furthermore, you understand and agree that we have no obligation to display or review User Generated Posts. Nothing in these Terms shall obligate DrivLynk to permit the posting of such User Generated Posts on any website or platform. Your User Generated Posts may not display any personal details, financial information, nudity, obscene images, or pornographic images. Moreover, you should refrain from Submitting User Generated Posts that are offensive, abusive, libelous, defamatory, obscene, racist, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation.

The Services may allow users to post, share, or view job listings, employment opportunities, gig offers, driver connections, or similar content (“Job Postings”). All Job Postings are submitted by users and constitute User Generated Posts. DrivLynk is a connection and discovery platform only and is not an employer, recruiter, staffing agency, or freight broker. DrivLynk does not employ drivers, negotiate employment contracts, process payroll, or guarantee any hiring outcomes. DrivLynk does not create, verify, endorse, or control any Job Postings, and we make no representations or warranties regarding their accuracy, legitimacy, availability, safety, or compliance with any laws. Any contracts, agreements, employment relationships, transactions, or arrangements resulting from or related to Job Postings are solely between the posting user and any responding party and are entirely outside the scope of the Services. DrivLynk is not a party to, agent for, or responsible for any such contracts, dealings, disputes, or outcomes. You interact with Job Postings and other users at your own risk, and we disclaim all liability arising from or related to any Job Postings or associated interactions.

Use of Artificial Intelligence. We may utilize artificial intelligence, machine learning tools, or similar technology in the Site and the Services (“Artificial Intelligence Tools”). You acknowledge and agree that any information, including any User Generated Posts, that you provide via the Site or the Services may be used as an input for such Artificial Intelligence Tools. You further agree that we (or one of our vendors) may use any output generated from the Artificial Intelligence Tools for our own commercial purposes, including to remove any User Generated Posts that violate the Section 7 and to train artificial intelligence algorithms, models, and solutions.

Reliance on Information. You assume sole responsibility, and DrivLynk shall not be liable, regarding the accuracy of User Generated Posts presented on the Site and Services. The User Generated Posts are for informational purposes only. We make no warranty whatsoever that any of this information is accurate and does not guarantee that it will verify the statements of its users. The content within the User Generated Posts is not intended to be a guarantee of success or positive results – it is for informational purposes only and the results of your actions are the responsibility of you and you alone. Reliance on any information provided by DrivLynk or others appearing on our Site or Services is solely at your own risk. DrivLynk disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services.

Copyright Infringement and the Digital Millennium Copyright Act (DMCA) Safe Harbor.

We take the intellectual property rights of others seriously and require that users of DrivLynk do the same. The Digital Millennium Copyright Act (DMCA) established a process for addressing claims of copyright infringement that we have implemented for our Site or Services. If you own a copyright or have authority to act on behalf of a copyright owner and want to report a claim that a third party is infringing that material on or through DrivLynk, please send a notice to our copyright agent at admin@drivlynktechnologies.com that includes all of the items below:

A reference or subject line that says: “DMCA Copyright Infringement Notice”;

A description of the copyrighted work that you claim is being infringed;

A description of the material you claim is infringing and that you want removed or access to which you want disabled and the URL or other location of that material;

Your name, address, telephone number, and email address;

The following statement: “I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”;

The following statement: “The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed”;

The U.S. Copyright Registration Number or a clear chain of authorization demonstrating your legal right to act on behalf of the copyright owner; and

An electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

We may send the information that you provide to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.

Without limiting DrivLynk’s other rights, we may, in appropriate circumstances, disable or terminate the accounts of users who may be an infringer. This process does not limit our ability to pursue any other remedies we may have to address suspected infringement.

If a work that you submitted to DrivLynk is disabled or the work is removed as a result of a DMCA Copyright Infringement Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:

a reference or subject line that says: “DMCA Counter-Notification”;

a description 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 (please include the full URL of the page(s) on the Site or Services which the material was removed or access to it disabled);

a statement under penalty of perjury that you have 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;

your name, address, telephone number, email address;

a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, and that you will accept service of process from the person who provided DMCA Notification to us or an agent of such person; and

your electronic or physical signature.

If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Services. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

Data Protection, Privacy. All personal information that you provide to us in connection with your use of the Site and Services is collected, stored, used, and disclosed by DrivLynk in accordance with our Privacy Policy. The Privacy Policy, as may be updated by DrivLynk from time to time, is hereby incorporated into these Terms and available at [www.drivlynktechnologies.com/privacy].

Third Party Websites and Services. The Site and the Services may provide you with access to and/or integration with third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services (herein after “External Services”).DrivLynk does not have or maintain any control over External Services and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, we do not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services. External Services may have their own terms of use and/or privacy policy and may have different practices and requirements than those operated by DrivLynk with respect to the Site and Services. You are solely responsible for reviewing any terms of use, privacy policy, or other terms governing your use of these External Services, which you use at your own risk. You are advised to make reasonable inquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any External Services. You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services. DrivLynk disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against DrivLynk with respect to the content or operation of any External Services.

Warranty Disclaimer. THE SITE, THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND INFORMATION ACCESSED THROUGH OR VIA THE SITE OR SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” YOU AGREE AND ACKNOWLEDGE THAT YOU ASSUME FULL, EXCLUSIVE, AND SOLE RESPONSIBILITY FOR THE USE OF AND RELIANCE ON THE SITE AND/OR SERVICES, AND YOU FURTHER AGREE AND ACKNOWLEDGE THAT YOUR USE OF OR RELIANCE ON THE SITE OR SERVICES IS MADE ENTIRELY AT YOUR OWN RISK. YOU FURTHER ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO COMPLY WITH ALL APPLICABLE LAWS WHILE USING THE SITE AND SERVICES. WHILE DRIVLYNK USES REASONABLE ENDEAVORS TO CORRECT ANY ERRORS OR OMISSIONS ON THE SITE OR SERVICES AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO OUR ATTENTION, WE MAKE NO PROMISES, GUARANTEES, REPRESENTATIONS, OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE SITE, SERVICES, OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. DRIVLYNK DOES NOT WARRANT THAT YOUR USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SERVICES OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE SITE AND SERVICES OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY TRANSMISSION OF USER GENERATED POSTS UPLOADED TO THE SITE OR SERVICES WILL BE SECURE OR THAT ANY TOOLS OF THE SITE OR SERVICES DESIGNED TO PREVENT UNAUTHORIZED ACCESS, SHARING OR DOWNLOAD OF USER GENERATED POSTS WILL BE EFFECTIVE IN ANY AND ALL CASES, AND WE DO NOT WARRANT THAT YOUR USE OF THE SITE OR SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION. DRIVLYNK AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO YOU. THIS SECTION WILL CONTINUE IN EFFECT AFTER THESE TERMS TERMINATES.

Limitation of Liability. DRIVLYNK AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LAW TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND IN NO EVENT SHALL DRIVLYNK BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, STATUTORY, OR PUNITIVE DAMAGES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY COST TO PROCURE SUBSTITUTE GOODS OR SERVICES, OR ANY INTANGIBLE LOSS, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, OR ANY OTHER PRODUCTS PROVIDED TO YOU BY DRIVLYNK. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, ANY FORM OF ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SITE OR SERVICE, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT THE MAXIMUM LIABILITY OF DRIVLYNK WILL BE LIMITED TO ANY AMOUNT PAID TO DRIVLYNK BY YOU IN CONNECTION WITH THE SITE AND/OR SERVICES THAT UNDERLIE THE CLAIM.

Indemnification. You hereby agree to indemnify, defend and hold harmless DrivLynk, its successors, assigns, affiliates, agents, directors, officers, employees, and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:(i) your use of the SITE or Services; (ii) any breach or violation by you of these Terms; (iii) your User Generated Posts; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or order; (v) your violation of the rights of any third party including any intellectual property, publicity, confidentiality, property, or privacy right; or (vi) any misrepresentation made by you. DrivLynk reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with DrivLynk’s defense of any claim. You will not in any event settle any claim without the prior written consent of DrivLynk, and DrivLynk retains full right and control of its decision to settle or not.

Dispute Resolution & Class Action Waiver.

YOU UNDERSTAND AND AGREE THAT THESE DISPUTE RESOLUTION TERMS APPLY TO ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND DRIVLYNK (AND ANY OTHER RELEASED PARTY), AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO YOUR USE OR ACCESS TO THE SITE OR SERVICES.

If a dispute should arise between you and DrivLynk we want to provide you with a resolution that is efficient and cost effective. Before initiating an action, you and DrivLynk each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (i) a written description of the problem and relevant documents and supporting information; and (ii) a statement of the specific relief sought. A Notice of Dispute can be (1) mailed to DrivLynk at 30 N Gould St #57857

Sheridan, WY 82801, United States or (2) emailed to admin@drivlynktechnologies.com . You and DrivLynk agree to make attempts to resolve the dispute prior to commencing any legal action, including the filing of a lawsuit or arbitration, until a 45-day post-notice resolution period expires. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or DrivLynk may commence an arbitration as set forth below.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES (WHETHER BASED IN CONTRACT, STATUTE, TORT OR ANY OTHER THEORY) WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION OR PROCEEDING.

EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT) TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTE, INCLUDING BUT NOT LIMITED TO DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE OR SERVICES, THESE TERMS, OR THE RELATIONSHIP OF THE PARTIES.‍

Additional Terms.

These Terms constitute the entire agreement between you and DrivLynk with respect to the use of the Site and the Services and supersede any prior agreements, representations, warranties, assurances, or discussion related to the Site and Services.

Except as expressly set forth in these Terms, (i) no failure or delay by DrivLynk in exercising any of the rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms will be effective unless in writing and signed by DrivLynk.

If any provision of these Terms is found to be invalid, unlawful, void, or enforceable by any court having competent jurisdiction, the invalidity of such provision shall be deemed severable from these Terms and such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

The summaries of provisions and Section headings are provided for convenience only and shall not limit the full Terms.

DrivLynk may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of DrivLynk.

DrivLynk reserves the right to investigate and prosecute any suspected or actual violations of these Terms. DrivLynk may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.

We may communicate with you electronically in regard to the Site or Services, including by email, and we may collect information related to communications between you and DrivLynk. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the Site or Services, your action is intended as an electronic signature which binds you as if you had signed on paper.

These Terms are governed by Wyoming law, without regard to conflict of laws. Any disputes not subject to arbitration shall be in courts or arbitration venues in Wyoming, and the parties hereby waive any right to dispute or challenge this venue.

For questions or comments about the Terms, please email us at support@drivlynk.com .