Terms of Use
Section 1 - Introduction
These Terms of Use (the “Terms of Use”) and the related MicroLink Privacy Policy (the “Privacy Policy”) (collectively, the “Agreement”) govern the access and/or use by the authorized user (“You”) of the applications, websites, content, products, and services (the “Services”) made available by MicroLink, operated by the City of Raleigh (“City”, “We”, or “Us”). PLEASE READ THESE TERMS OF SERVICE AND PRIVACY POLICY CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. YOUR USE OF THE SERVICES IS SUBJECT TO THE AGREEMENT, INCLUDING ANY AMENDMENTS. IF YOU DO NOT CONSENT TO ANY PART OF THE AGREEMENT, DO NOT INSTALL OR USE THE SERVICES.
Your access and use of the Services constitute Your consent to be bound by the Agreement and establishes a contractual relationship between You and the City. If You do not agree to any part of the Agreement, You may not access or use the Services. The City may amend the Agreement from time to time. Amendments will be effective upon the City’s posting of such updated Terms of Use or Privacy Policy on the Site. Your continued access and/or use of the Services after such posting constitutes Your consent to be bound by the Agreement, as amended.
The MicroLink Privacy Policy details our collection and use of personal information in connection with the Services. By Your use of the Services, You acknowledge and agree that any information You submit to MicroLink may be subject to public inspection and copying under the North Carolina Public Records Law, unless exempt by law.
Section 2 - The Services
The Services constitute a technology platform that enables users of the MicroLink mobile app (the “App”) to, among other things, request, schedule, and pay for rides provided through the MicroLink program. Unless otherwise agreed to by the City in a separate written agreement with You, the Services are made available solely for Your personal and noncommercial use.
Although the City strives to provide content, information, and related materials that are both useful and accurate, the nature of the data and other information available via the Services is subject to frequent change. Accordingly, the content, information, and related materials available via the Services may not be up-to-date, accurate, or complete at all times.
Section 3 - Eligibility to Use the Service
By using the App, You represent that You are at least 18 years old, or that You are at least 18 years old and You have given Your consent to allow Your minor dependents who are 13 years of age or older to use the Services. Minor dependents under the age of 13 are not allowed to use the Services. If You are a parent or guardian of a minor who has registered for or used the Service without Your consent, please contact Us at goraleigh@raleighnc.gov.
Agent of a Company, Entity, or Organization. If You are using the Service on behalf of a company, entity, or organization (collectively “Organization“), then You represent and warrant that You:
1. are an authorized representative of that Organization;
2. have the authority to bind that Organization to these Terms; and
3. agree to be bound by these Terms on behalf of that Organization.
Section 4 - User Accounts and Login Credentials
To use the Service, You need to create a user account by providing a username, password, email, and cellular phone number (“Your Account”). You agree not to create more than one user account, and not to create a user account for another person unless you have the legal authority to do so.
You agree not to provide any false information for purposes of creating a user account and that you are solely responsible for maintaining accurate, complete, and up-to-date information in Your Account. You represent and warrant that the information You provide to MicroLink upon the creation of Your Account, the use of the Service, and at all other times, will be true, accurate, current, and complete. You are responsible for Your login credentials and for keeping Your information accurate.
Your Account is personal to You, and You may not share Your Account information with or allow access to any third party. You are responsible for all activity that occurs under Your Account (including, without limitation, the behavior of any other people that access Your Account and/or travel in Your party). You agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of Your username and password and any device that You use to access the Service.
You agree to notify Us immediately of any breach in secrecy of Your login information. If You have any reason to believe that Your Account information has been compromised or that Your Account has been accessed by a third party, You agree to immediately notify the City by email at goraleigh@raleighnc.gov. You will be solely responsible for the losses incurred due to any unauthorized use of Your Account.
There is a risk that unauthorized third parties may engage in illegal activity, such as hacking into MicroLink or the City’s contracted vendors’ security system, or by intercepting transmissions of personal information over the Internet. The City is not responsible for any data obtained by third parties in an unauthorized manner. The City is not responsible for any resulting damage to any user’s device or computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction.
Section 5 - License
Subject to Your compliance with the Agreement, the City grants You a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the App on Your personal mobile device solely in connection with Your use of the Services; and (ii) access and use any content, information, and related materials that may be made available through the Services, in each case solely for Your personal and noncommercial use. Any rights not expressly granted herein are reserved by the City’s licensors.
Section 6 - Code of Conduct
In connection with Your use of the Services, You agree that You and anyone with access to Your Account will not:
• Restrict or inhibit any other user from using the Services, including, without limitation, by means of “hacking” or defacing any portion of the Services;
• Use the Services for any unlawful purpose;
• Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive or malicious nature;
• Modify, copy, change, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services;
• Remove any copyright, trademark or other proprietary rights notices contained on the Services or “frame” or “mirror” any part of the Services;
• Use any robot, spider, offline reader, website search/retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents without our prior written consent; or
• Take any action that imposes or may impose an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure.
As a consequence for violating the code of conduct, the City reserves the right to block passengers from using the service via the app. You are responsible for all activity that occurs under Your Account.
Section 7 - Consent to Receive Emails and Text Messages
By creating an Account, You agree that the Services may send You informational emails and text (SMS) messages as part of the normal business operation of Your use of the Services. You may opt-out of receiving emails and text (SMS) messages from MicroLink at any time. You acknowledge that opting out of receiving emails or text (SMS) messages may impact Your use of the Services.
Section 8 - Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if You access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. The City does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. You acknowledge and agree that the City will have no obligation to provide You with any support or maintenance in connection with the Services.
Section 9 - Third-Party Websites and Services
The Services may contain links to third-party websites and services. Such third-party websites and services are not under the control of the City, and the City is not responsible for them. The City provides access to these third-party websites and services only as a convenience to You, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such third-party websites and services. Your use of all third-party websites and services is at Your own risk and You should apply a suitable level of caution and discretion in accessing them. When You click on any of the third-party websites and services, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation You feel necessary or appropriate before proceeding with any transaction in connection with such third-party websites and services.
Section 10 - Disclaimer
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE CITY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, THE CITY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR ENTIRELY SECURE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
Section 11 - Limitation of Liability
THE CITY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF THE CITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CITY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF (1) YOUR USE OF OR RELIANCE ON THE SERVICES; (2) YOUR INABILITY TO ACCESS OR USE THE SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON OUR OR OUR AGENTS’ SERVERS; OR (4) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF THE CITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CITY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THE CITY’S REASONABLE CONTROL. IN NO EVENT SHALL THE CITY’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500).
Section 12 - Indemnity
You agree to indemnify and hold the City and its officers, council members, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) Your use of the Services or services obtained through Your use of the Services; (ii) Your breach or violation of any of these Terms of Service; or (iii) Your violation of the rights of any third party, all without, however, waiving any governmental immunity available to the City under North Carolina law.
Section 13 - Termination
This Agreement shall remain effective until terminated in accordance with the terms herein. We reserve the right to immediately terminate this Agreement, and/or Your access to and use of the Services or any portion thereof, at any time and for any reason, with or without cause. Additionally, We reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Services at any time, with or without notice to You. Upon termination of this Agreement, Your right to use the Services shall immediately cease. You agree that the City may immediately deactivate or delete Your Account, and all related information and files associated with it, and bar any further access to such information or files.
Section 14 - Choice of Law
The Agreement and the rights and obligations of the parties under this Agreement will be governed by, construed and interpreted in accordance with, the laws of the State of North Carolina, without regard to its choice of law provisions. You agree that any suit, action, or other proceeding arising out of or related to the Agreement or the Services shall be filed, and that venue properly lies, only in the state courts located in Wake County, North Carolina or in the United States District Court for the Eastern District of North Carolina - Western Division, and You hereby irrevocably consent to the exclusive jurisdiction of said courts with respect to all such disputes.
Section 15 - Notice
The City may give notice by means of a general notice on the Services, electronic mail to Your email address in Your Account, or by written communication sent by first class mail or pre-paid post to the address in Your Account if You provided one. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to the City, with such notice deemed given when received by the City, by first class mail or pre-paid post to City of Raleigh Transportation/Transit, ATTN: MicroLink, PO Box 590, Raleigh, NC 27602, United States.
Section 16 – General Provisions
You may not assign this Agreement without the City’s prior written approval. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between You and the City as a result of this Agreement or use of the Services. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The City’s failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the City in writing.