Privacy Policy

Liability Waiver, Release, Indemnification, and Voluntary Assumption of Risk

(the "Release")

THIS RELEASE CONTAINS RELEASES, WARRANTY LIMITATIONS, ASSUMPTION

OF RISK PROVISIONS, AND INDEMNITY PROVISIONS, ALL OF WHICH LIMIT

YOUR LEGAL RIGHTS AND REMEDIES. YOU SHOULD READ THIS RELEASE

CAREFULLY AND UNDERSTAND ITS BINDING EFFECTS.

Summary

As provided in greater detail in this Release (and without limiting the express language

of this Release), You acknowledge the following:

• You fully release Eye Blink Transportation, LLC (“Eye Blink”) from all Claims

You have or may have against them arising out of Your relationship with Eye Blink

and providing any Services;

• Your provision of the Services is at your sole risk;

• The Services, including transportation rides or any other type of ride, are

provided by you at your own risk and we make no promises that any ride or rider

will be free from any issue, incident, accident, error or defect-free;

• There are risks and dangers of providing transportation rides in a motor vehicle

and You assume those risks;

• You understand that different clients provide a different passenger experience.

Individual passengers may pose different risks and dangers, and You assume

those risks with respect to any passenger that you provide a ride for through the

use of the Eye Blink App or Eye Blink platform;

• You are responsible for all injuries or damages that You cause to other people or

property;

• We require that You wear a seatbelt.

• You agree to resolve any dispute with us by binding arbitration, individually and

not as a member of a class. RELEASES; NO WARRANTIES; ASSUMPTION OF RISK; INDEMNIFICATION

• SECTION 1 RELEASES; NO WARRANTIES

• SECTION 2 ASSUMPTION OF RISK; INDEMNIFICATION

• SECTION 3 SEAT BELTS

• SECTION 4 TERM AND TERMINATION

• SECTION 5 NOTICES

• SECTION 6 MANDATORY ARBITRATION; CLASS ACTION WAIVER

• SECTION 7 WAIVERS

• SECTION 8 CUMULATIVE REMEDIES

• SECTION 9 FINAL AGREEMENT; MODIFICATION BY EYE BLINK

• SECTION 10 SEVERABILITY

• SECTION 11 DEFINITIONS

In consideration of Your provision of any of the Services (defined below), You ("You",

"Your" or "Yourself") agree to all terms and conditions in this Release. In order to

provide a ride through the use of the Eye Blink Application (“App”), the Eye Blink

Platform (“Platform”) or through the use of any other medium used to request a

transportation ride from Eye Blink you hereby agree to all terms and conditions of this

release in its entirety.

RELEASES; NO WARRANTIES; ASSUMPTION OF RISK; INDEMNIFICATION

• SECTION 1 RELEASES; NO WARRANTIES.

IN EXCHANGE FOR YOUR BEING ALLOWED TO PROVIDE SERVICES, DO FULLY

AND FOREVER RELEASE, HOLD HARMLESS, PROMISE NOT TO SUE, AND

DISCHARGE ALL RELEASED PERSONS FROM ALL CLAIMS THAT YOU HAVE OR

MAY HAVE AGAINST ANY RELEASED PERSON ARISING OUT OF OR IN ANY WAY

RELATED TO YOUR PROVISION OF THE SERVICES.

Such releases are intended to be general and complete releases and waivers of all Claims

arising out of or in any way related to Your provision of rides provided through the use

of the App or the Platform. The Released Persons may plead such releases as a complete

and sufficient defense to any Claim, and may do so as intended third-party beneficiaries

of such releases, if appropriate.

WITHOUT LIMITATION OF THE FOREGOING GENERAL RELEASES, YOU

ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE

LIMITED OR EXPANDED BY APPLICABLE LAW, EYE BLINK AND ALL

OTHER RELEASED PERSONS ARE NOT RESPONSIBLE OR LIABLE FOR

ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (A)

ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS RELEASE, (B)

YOUR PROVISION OF, OR INABILITY TO PROVIDE, ANY OF THE SERVICES, (C) YOUR BREACH OF THIS RELEASE OR THE SERVICE

AGREEMENT, INCLUDING BUT NOT LIMITED TO YOUR VIOLATION OF

ANY PROHIBITED ACT SET OUT IN THE SERVICE AGREEMENT, OR

YOUR VIOLATION OF ANY LAW, OR OF GOOD SAFETY PRACTICES, (D)

ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY

YOU OR BY EYE BLINK OR ANY RELEASED PERSON, (E) YOUR FAILURE

TO WEAR A SEAT BELT OR THE FAILURE OF SUCH SEAT BELT OR

PROTECTIVE GEAR OR CLOTHING TO PREVENT DEATH OR INJURY, OR

(F) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION

OF ANY THIRD PARTY. YOU RELEASE AND WAIVE ALL CLAIMS WITH

RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN

CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER

GROUNDS, EVEN IF EYE BLINK OR ANY OF THE OTHER RELEASED

PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.

WITHOUT LIMITING THE BREADTH OF THE FOREGOING, YOU AGREE

TO RELEASE EYE BLINK AND ALL OTHER RELEASED PERSONS FOR ANY

INJURY, DAMAGES OR LOSSES CAUSED BY THE ALLEGED NEGLIGENCE

OF EYE BLINK OR ANY OTHER RELEASED PERSON.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR

USE PROVISION OF ANY OF THE SERVICES IS AT YOUR SOLE RISK.

To the fullest extent permitted by law, and with respect to Your provision of any of the

Services, Eye Blink and all other Released Persons disclaim all express and implied

warranties.

YOU ACKNOWLEDGE AND AGREE THAT DELAYS, OMISSIONS,

INTERRUPTIONS, DEFECTS, OR INACCURACIES COULD EXIST WITH

RESPECT TO THE PROVISION OF THE SERVICES. YOU ASSUME FULL

RESPONSIBILITY AND RISK OF LOSS FOR PROVIDING ANY OF THE

SERVICES AND EYE BLINK AND ALL OTHER RELEASED PERSONS ARE

NOT LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ANY OF THE

FOREGOING. YOU ASSUME FULL AND COMPLETE RESPONSIBILITY

AND LIABILITY FOR ALL CONSEQUENCES AND CLAIMS OF ANY KIND

OR NATURE WHATSOEVER RELATED TO YOUR PROVISION OF THE

SERVICE.

SECTION 2 ASSUMPTION OF RISK; INDEMNIFICATION.

YOU UNDERSTAND THAT THIS AND OTHER SECTIONS IN THIS

RELEASE DESCRIBE AND RELATE TO THE RISKS RELATING TO YOUR

PROVISION OF THE SERVICES. YOU AFFIRM THAT YOU HAVE READ,

UNDERSTAND, AND ACCEPT THE ENTIRE RELEASE. YOU AGREE THAT

MOTOR VEHICLES ARE MACHINES THAT MAY MALFUNCTION, EVEN IF

THE MOTOR VEHICLE IS PROPERLY MAINTAINED, AND THAT SUCH MALFUNCTION MAY CAUSE INJURY. YOU AGREE THAT THE APP IS

SOFTWARE AND MAY EXPERIENCE OUTAGES, GLITCHES OR OTHER

PROBLEMS WHICH MAY RESULT IN DELAYS, LOST SERVICES OR

CLAIMS AND THAT SUCH RISKS CANNOT ALWAYS BE PREDICTED OR

AVOIDED. YOU SPECIFICALLY RELEASE AND HOLD HARMLESS SAVE

LINK FOR ANY SUCH OUTAGE, GLITCH OR OTHER PROBLEM.

YOU AGREE THAT ALL SUCH RISKS, DANGERS, AND HAZARDS,

WHETHER KNOWN OR UNKNOWN, ARE YOUR SOLE RESPONSIBILITY

INCLUDING, BUT NOT LIMITED TO, CHOOSING WHETHER TO WEAR A

SEAT BELT OR UTILIZE OTHER PROTECTIVE GEAR, AND YOU ASSUME

ALL RISKS RELATED TO THE PROVISION OF SERVICES.

You further agree that if Your provision of any of the Services causes any injury or

damage to another person or property, then You may be liable for all resulting injuries,

damages, and related costs, and You agree to indemnify the Released Persons with

respect to any such Claims. By choosing to provide a ride, You assume full and complete

responsibility for all related foreseeable and unforeseeable risks, dangers, and hazards,

and You agree that Eye Blink and all other Released Persons are not responsible for any

death, injury, damage, or cost caused by You with respect to any person or property,

including the Motor Vehicle itself.

YOU AGREE, WITHOUT LIMITATION, TO INDEMNIFY AND HOLD

HARMLESS ALL RELEASED PERSONS FROM ANY DEATH, INJURY, OR

DAMAGE TO YOURSELF, ANOTHER PERSON OR PERSONS, OR

PROPERTY ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR

PROVISION OF THE SERVICES.

SECTION 3 SEAT BELTS.

Eye Blink strongly recommends that all drivers and users of the Services wear a seat

belt. Wearing a seat belt may protect against an injury or may lessen the severity of an

injury caused by an impact; however, seat belts are not 100% effective, do not protect

against all injuries.

SECTION 4 TERM AND TERMINATION.

The term of this Release begins when You first sign the service agreement and agree to

provide services through the use of the APP or the PLATFORM, and ends 10 years after

you provide your last ride though the use fo the APP or the PLATFORM.

You may terminate Your Service Contract; provided, however, that the term of this

Release continues in accordance with this Section. This Release remains in full force and

effect, in accordance with its terms and conditions, after any termination of Your right to provide any of the Services, regardless of how Your right to provide Services is

terminated.

SECTION 5 NOTICES.

You may contact Eye Blink by writing to the address listed below:

1821 University Avenue #1175

Saint Paul, MN 55104

SECTION 6 MANDATORY ARBITRATION; CLASS ACTION WAIVER

This Release is governed by, and must be construed and enforced in accordance with,

the laws of the State of Minnesota, excluding principles of conflicts of laws.

You agree that any dispute or Claim relating in any way to Your provision of the Services

will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act

and federal arbitration law apply to this Release.

There is no judge or jury in arbitration, and court review of an arbitration award is

limited. However, an arbitrator can award on an individual basis the same damages and

relief as a court (including injunctive and declaratory relief or statutory damages), and

must follow the terms of this Release as a court would.

To begin an arbitration proceeding, You must send a letter requesting arbitration and

describing Your claim to Eye Blink Transportation, LLC at 1821 University Avenue

#1175 Saint Paul, MN 55104. The arbitration will be conducted by JAMS in accordance

with the JAMS Streamlined Arbitration Procedure Rules in effect at the time the

arbitration is initiated, excluding any rules or procedures governing or permitting class

actions. Payment of all filing, administration and arbitrator fees will be governed by

JAMS's rules. You may choose to have the arbitration conducted by telephone, based on

written submissions, or in person in the county where You live or at another mutually

agreed location.

YOU AND EYE BLINK EACH AGREE THAT ANY DISPUTE RESOLUTION

PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT

IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a

Claim proceeds in court rather than in arbitration You and Eye Blink each waive any

right to a jury trial.

You have the right to opt out and not be bound by the arbitration and class action waiver

provisions set forth above by sending written notice of Your decision to opt out to

savelink2020transportation@gmail.com with the subject line, “EYE BLINK

ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent

within thirty (30) days of Your first use of the Services, otherwise you shall be bound to

arbitrate disputes in accordance with the terms of those paragraphs. If You opt out of these arbitration provisions, Eye Blink also will not be bound by them.

This Arbitration and Class Action Waiver section shall survive any termination of your

Account or the Platform.

In the event that the arbitration provisions above are found not to apply to You or to a

particular claim or dispute, either as a result of Your decision to opt out of the

arbitration provisions or as a result of a decision by the arbitrator or a court order, You

agree that any Claim or dispute must be resolved exclusively by a state or federal court

located in Minnesota. You and Eye Blink agree to submit to the personal jurisdiction of

the courts located within Ramsey County, Minnesota for the purpose of litigating all

such claims or disputes.

Further, if Eye Blink prevails in litigation against You to enforce its rights under this

Release, Eye Blink shall be entitled to its costs, expenses, and reasonable attorneys’ fees

(whether incurred at or in preparation for trial, appeal, or otherwise) incurred in

resolving or settling the dispute, in addition to all other damages or awards to which

Eye Blink may be entitled.

SECTION 7 WAIVERS.

No waiver of any breach of any provision of this Release is a waiver of any other breach

or of any other provision of this Release. The terms of this Release may be waived or

amended only in writing and only by the party that is entitled to the benefits of the term

being waived or amended.

For good and valuable consideration, the receipt and adequacy of which are hereby

acknowledged, You do hereby knowingly, voluntarily, and irrevocably: (1) give Your full

and unconditional consent to Eye Blink, the Released Persons, and their respective

affiliates, successors, and assigns to use at any time and from time to time, without any

restriction, Your appearance and voice in photographs, videos, and other recordings, but

in each such instance only to the extent recorded during Your provision of the Services

(a) for purposes of maintaining the safety and functionality of the Services and (b) for

purposes of promoting or marketing the use of the Services; (2) grant to Eye Blink, the

Released Persons, and their respective affiliates, successors, and assigns (a) the right to

photograph, videotape, and otherwise record Your appearance and voice, at any time

that You are providing the Services, (b) all rights, copyrights, title, and interests in the

results of such photographs, videos, and other recordings, as a work for hire for

copyright purposes, and (c) the right to use, reproduce, exhibit, distribute, transmit,

alter, and exploit, at any time and from time to time and as Eye Blink or the Released

Persons may decide in their sole discretion in connection with the promotion or

marketing of the Services, the photographs, videos, and other recordings, or any

component thereof, and all related merchandising, promotions, advertising, and

publicity; and (3) waive, release, and discharge all Released Persons from all Claims that

You have or may have for any libel, defamation, invasion of privacy, right of publicity,

infringement of copyright, or violation of any right granted by You in this paragraph. SECTION 8 CUMULATIVE REMEDIES.

All rights and remedies granted under or referred to in this Release are cumulative and

nonexclusive, and resort to one does not preclude the availability or applicability of

another or to any other right, remedy or defense provided by law.

SECTION 9 FINAL AGREEMENT; MODIFICATION BY EYE BLINK.

This Release contains the complete, final, and exclusive integrated agreement between

the parties with respect to Liability Waiver, Release, Indemnification, and Voluntary

Assumption of Risk. This Release supersedes all other prior agreements, written or oral,

relating to such subject matter. At any time and from time to time, and without Your

consent, Eye Blink may unilaterally amend, modify, or change this Release, in its sole

discretion and without any notice or cause, and by continuing to use any Services after

any amendment, modification, or change, You have agreed to be bound by all such

amendments, modifications, and changes. You must carefully review this Release on a

regular basis to maintain awareness of all amendments, modifications, and changes.

Whenever a change is made to this Release, Eye Blink will post a notification on the

Platform.

SECTION 10 SEVERABILITY.

If a court deems any provision of this Release, including the binding arbitration and

class action waiver provisions, illegal or otherwise unenforceable for any reason, You

agree that that provision shall be severed from the Release and shall be inoperative, and

the remainder of the Release shall remain operative and shall be binding on the parties.

SECTION 11 DEFINITIONS.

"Claims" or "CLAIMS" means, collectively, any and all claims, injuries, demands,

liabilities, disputes, causes of action (including statutory, contract, negligence, or other

tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts,

promises, costs, expenses (including attorneys’ fees, whether incurred at or in

preparation for trial, appeal, mediation, or otherwise), damages (including

consequential, compensatory, or punitive damages), or losses (whether known,

unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or

relate to (a) any of the Services, including any of the motor vehicles used in providing

the Services (b) Your use of any of the foregoing.

"Eye Blink" means Eye Blink Transportation, LLC and its affiliates.

"Released Persons" or "RELEASED PERSONS" means, collectively, (i) Eye Blink and all

of its owners, managers, affiliates, employees, drivers, independent contractors agents,

representatives, successors, and assigns, (ii) the State of Minnesota and all of its elected

and appointed officers, officials, employees, agencies, and agents including the Minnesota Department of Transportation, Minnesota Department of Human Services

and the Minnesota Department of Health, (iii) every sponsor of any of the Services and

all of the sponsor's owners, officers, directors, affiliates, employees, agents,

representatives, successors, and assigns, and (iv) driver or owner of a motor vehicle

used to provide Services as defined below.

"Services" means providing transportation rides using or facilitated through the use of

the Eye Blink mobile application ("Mobile Application"), the Eye Blink websites, (the

Mobile Application and the Website, collectively, the "Platform"), and any other services

collateral to providing transportation rides which are composed of several elements and

include the use of all related equipment, personnel, and information.

Our collection and use of personal information in connection with the Services is as provided in Eye Blink’s Privacy Policy located at. Eye Blink may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict.

Your Agreement to Release

I certify that I am the person requesting permission to provides Services, I am 18 years

of age or older, and I have read and agreed to all of the terms and conditions set forth in

this Release.

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Driver’s Signature

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Drivers’s Name-Printed