Terms & Conditions.
VERSION 03182025
Introduction
Thank you for choosing CrashLink LLC. We provide the CrashLink web application and related services. CrashLink LLC is referred to in these Terms of Service (“Terms”) as “CrashLink”, “we”, or “us”. The CrashLink web application, related services, documentation, and other related content is referred to as the “Software.”
When you use the Software, you enter into a binding contract with us. If you are an individual acting on your firm’s or company’s behalf, you accept these provisions on their behalf and the term “you” will refer to you, your firm or company, and those that you authorize to use the Software, subject the these Terms.
Agreement to These Terms and Changes
By registering to use the Software, you agree to these Terms. The Terms may be changed and your continuing use of the Software will constitute your agreement to those changes. In the event of a material change, including a change in the subscription price for the Software, you will be notified in advance of the change.
Use of the Software
By subscribing to use the Software, you may use the reports provided by the Software for marketing of your services or other related internal uses.
You may not distribute the reports or any modified versions of the reports to any third party. You may not provide access the Software to any other person, other than your agents or employees performing services on your behalf to market your services. We may include a limited number of false addresses in mail merge reports generated by the Software for purposes of monitoring compliance with this provision, and you agree to our inclusion of those addresses.
Payments and Cancellations
You agree to pay the subscription fee to use the Software.
You will be charged a subscription fee upon purchase when you provide your payment information. By subscribing and providing payment information, you agree that CrashLink may automatically charge your credit or debit card for recurring charges for each subsequent subscription period until you cancel your subscription.
You can cancel your subscription at any time by signing into CrashLink and navigating to account settings. Subscription cancellations will be effective at the end of the current subscription period. You will be able to continue to access and use the Software until the end of your subscription period. We do not provide refunds or credits for any cancellations or partial subscription periods.
After cancellation, we may allow continued access to the Software beyond the end of the subscription period with limitations on the Software’s functionality. However, no further charges will be made to your account after cancellation.
Termination of Your Use of the Software
We may terminate your use of the Software at our discretion. If we do so during a paid subscription period, we will refund the unused portion of that subscription.
Third-Party Payment Processing and Use of Customer Information
We use Stripe to process customer payments. We will share customer information with Stripe necessary to complete the transaction on our behalf. You agree that Stripe may use your information to process the transaction and recurring transactions described in these Terms. Stripe’s use of such information is subject to Stripe’s Privacy Policy, and you agree to the use of your information as described in that policy.
We may share your information with other parties to the extent necessary to provide you with the use of the Software.
Prohibited Uses
You may not use the Software to:
- Violate any law, regulation, or ordinance, including actions that give rise to criminal, civil, administrative or regulatory liability and/or fines;
- Reproduce, modify, resell, license, or provide free or unauthorized access to the Software;
- Attempt to reverse engineer, decompile or disassemble in any way any of the Software; or
- Encourage or enable any other individual to do any of the above or otherwise violate these Terms.
Limits of fhe Software
The purpose of the Software is to extract data from Ohio crash reports. Your subscription determines the geographic scope of the crash reports used to extract that data. An Ohio subscription includes all crash reports for Ohio. A Metro Area subscription includes crash reports from the area that you select. The “metro area” is based on counties as follows:
Columbus Area incudes Franklin and Delaware Counties
Cleveland Area includes Cuyahoga and Medina Counties
Cincinnati Area includes Hamilton and Warren counties
The number of reports available through CrashLink is subject to the download limits placed by the State of Ohio (currently 500).
Disclaimers
The only warranties we make about the Software are (1) stated in these Terms, or (2) as provided under applicable laws. The Software is otherwise provided “as-is,” and we do not make any other warranties about the Software. Unless required by law, we do not provide implied warranties, such as the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Software is error-free, secure, or free from any viruses or other harmful components. We also do not provide any warranties with respect to data loss or to the accuracy, reliability, or availability of the Software, nor of any content or information made available in the Software.
Limitation of Liabilities
Our total aggregate liability, including our agents and employees, arising out of or relating to the Software and the Terms is limited to the greater of (1) the fees that you paid to use the Software in the 3 months before the event causing the liability or (2) $500.
We are not responsible for the following:
- Loss of profits, revenues, business opportunities, goodwill or anticipated savings;
- Indirect, incidental, or consequential loss; or
- Punitive damages.
The above limitations apply even if we have been advised of the possibility of such damages. These Terms set forth the exclusive remedy with respect to the Software and its use.
Idemnity Obligations
You will indemnify us and hold us harmless for any losses, damages, judgments, costs, and expenses (including legal fees) in connection with claims arising out of or related to your unlawful or unauthorized use of the Software or a violation of these Terms.
Entire Agreement
The Terms, together with terms and agreements expressly referenced in the Terms, constitute the entire agreement between you and us. They replace any previous understandings, communications, and agreements, regarding the subject matter.
Governing Law
The laws of Ohio govern the Terms and any disputes between you and us, without regard to choice of law principles.
Waiver
Our failure to enforce any rights does not constitute a waiver of any of our rights.
Assignment
You cannot assign these Terms or your right to use the Software to someone else.