Terms

WABASH MARKETPLACE TERMS OF SERVICE

‍EffectiveDate: January 9, 2025

Please read these Terms of Service ("Terms") carefully. These Terms are the electronic contract between you and Linq Venture Holdings LLC d/b/a Wabash Marketplace ("Company", "we", "us" or "our") that governs your access to and use of the Marketplace digital platform available at https://marketplace.onewabash.com/; https://trailerhawk.ai; and/or our mobile app as may be made available as a download or at trailerhawk.ai (collectively, "Platform"), any account that you register via or in order to access such Platform ("Account"), and the fleet data and related services accessible on the Platform ("Services) as further described below.

BY USING ANY PLATFORM OR SERVICE OR REGISTERING FOR ANY ACCOUNT YOU REPRESENT AND WARRANT THAT: (I) YOU ARE 18 YEARS OF AGE OR OLDER; AND (II) IF YOU ARE ACTING ON BEHALF OF A COMPANY, YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THESE TERMS ON BEHALF OF THAT COMPANY AND BIND IT TO THESE TERMS. IF YOU ARE AN EMPLOYER AND MAKE USE OF THE PLATFORM AND SERVICES WITH RESPECT TO YOUR EMPLOYEES OR CONTRACTORS ("END USERS"), YOU REPRESENT AND WARRANT THAT YOUR USE OF THE PLATFORM AND SERVICES COMPLIES WITH ALL APPLICABLE LAWS, INCLUDING LABOR LAW AND PRIVACY LAWS. YOU ALSO MUST ENSURE THAT ALL MEMBERS OF YOUR FLEET, WHO WILL ACCESS, USE, OR BE SUBJECT TO SERVICES BE MADE AWARE OF AN ACCEPT THESE TERMS AS WELL. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CREATE AN ACCOUNT OR USE THE PLATFORM OR THE SERVICES.

CLASS ACTION WAIVER NOTICE: THESE TERMS CONTAIN A PROVISION REQUIRING YOU TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS. YOU AGREE THAT YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. THIS PROVISION LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

1. Modifications. We may revise these Terms from time to time. The most current version of these Terms will be made available to you within the Platform. If we make material changes to these Terms, we will notify you via email, your Account or on the Platform by posting a notice prior to the effective date of the changes. By continuing to access or use the Platform, Services, or Account after those changes become effective, you agree to be bound by the revised Terms. Depending on the nature of such changes, you may be required to opt-in to the revised Terms to continue to access the Services or your Account. If you do not agree to the revised Terms, you may stop use of the Platform and Services and otherwise close your Account as set forth below. Please note that closing your Account does not close your customer account with Company, but you will no longer be able to access Services via the Platform. ANY TERMS AND CONDITIONS ON ANY TRANSACTIONAL OR SHIPMENT-SPECIFIC DOCUMENT, SUCH AS ANY BILL OF LADING, DOCK RECEIPT, OR SIMILAR DOCUMENT CONNECTED TO A SHIPMENT DOES NOT APPLY TO ANY SERVICES AND IS NOT BINDING ON COMPANY.

2. Data. The Platform is primarily a way for you to track and view data about your fleet that we have and collect either through the Platform or through other services that we provide outside the Platform and Services. Data that we collect through the Platform and Services that is personally identifiable is subject to our Privacy Policy at https://marketplace.onewabash.com/privacy-policy. However, personally identifiable information that is collected from your employer or the company that you represent is subject to our contract with such entity and our Data Processing Addendum at https://marketplace.onewabash.com/data-processing-terms applies.

3. Content.
a. The Platform, including text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the "Content") is exclusively the property of Company or, as applicable, its vendors or licensors. Except for the rights expressly granted to you in these Terms, Company reserves all rights in and to the Platform and Content, including all intellectual property rights. Company may change the Content on the Platform, and the Services available through the Platform, at any time. Company strives to ensure the Content on the Platform is accurate but makes no assurance or warranty that it is accurate at any point.

b. The Content may include certain telematics data that Company collects from our trailers and other equipment provided to you under a Universal Trailer Pool Subscription Agreement or other lease agreement. Company may make certain telematics data available to you via the Platform. All telematics data is the confidential information of Company. Company grants you a limited nonexclusive license to any telematics data that Company elects to make available to you for the sole purpose of facilitating your own internal logistics as permitted by the Platform, but for no other purpose. Any other use or misuse of Company telematics data is a breach of these Terms and may result in immediate termination of your Account and access to the Platform and Services. In the event you elect to relate any telematics data to any Personal Data as defined in the DPA, you do so at your own risk and will indemnify Company from any claims arising from the same. You are solely responsible for providing all driver and other End Users with legally required notices and obtaining legally required consent regarding the collection and other processing of telematics, including geolocation, and Personal Data.
‍
c. The Content collected by the Platform may include an End User's biometric identifier or biometric information (together, "Biometric Data"). It is your responsibility to ensure that all end users of the Platform are: (i) aware of the potential collection of the Biometric Data; and (ii) consent to its collection and storage by Company or its service providers. You are solely responsible for complying with all laws concerning Biometric Data, including providing all End Users with legally required notices and obtaining consent concerning the processing of Biometric Data. If you fail to inform End Users of the potential for biometric collection, or otherwise fail to comply with laws concerning Biometric Data, you will be responsible for all claims, actions, and penalties associated therein and will indemnify and hold Company harmless for any such violation. At your request, Company will provide you will a sample consent ("Sample Consent") to present to End Users. You are solely responsible for its use or non-use of the Sample Consent, and if you use the Sample Consent, you are responsible for determining any legally required variations.

4. Accounts.
a. If you elect to create an Account via the Platform, you will have access to information regarding your account and transactions with Company, including your fleet, and other Services that we may elect to make available via the Platform from time to time. You are solely responsible for ensuring any data or information you provide Company is accurate and that you have the legal right to provide such information to Company. You must provide true, accurate, and complete information when setting up an Account and you must keep all Account information current.
‍
b. You are responsible for maintaining the confidentiality of your password and username. You agree to: (a) keep your password and username confidential and not share it with anyone else, and (b) immediately notify Company of any unauthorized use of your password or account of which you become aware. You acknowledge and agree that Company is authorized to act on instructions received through your Account, including any requests, orders, or other communications.
‍
c. You are fully responsible for all uses of your Accounts. You may permit one or more third parties to connect to your Account for the purpose of conducting business with you or on your behalf. If you elect to designate a user to connect to your Account, you will need to tell us what kind of user account to set up and we will send a communication to that individual user to register pursuant to these Terms and connect to your Account. YOU ARE RESPONSIBLE FOR SELECTING AND AUTHORIZING ANY USERS TO CONNECT TO YOUR ACCOUNT AND WE HAVE NO LIABILITY FOR MAKING SUCH ACCOUNT CONNECTIONS AS YOU DIRECT. DIFFERENT USER TYPES HAVE ACCESS TO DIFFERENT INFORMATION AND SERVICES IN THE PLATFORM. YOU ARE RESPONSIBLE FOR SELECTING THE CORRECT ACCOUNT TYPE FOR EACH USER.

d. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Company may suspend or terminate your account. Company may, in our discretion, deny access or block any transaction made through your Account without prior notice if we believe the security of your Account, password or username or account has been compromised.

5. Services.
a. Use of the Services requires compatible hardware, software, and internet access, each of which may affect the performance of the Services. Performance of Services may also be dependent on third party networks and coverage that are outside of Company's control and for which Company is not responsible.

b. Services may require use of a mobile device, the use of which may incur fees and charges imposed on you by your wireless carrier, including but not limited to SMS text messages, data charges, roaming, air time, or excess and overage charges. All such fees are your responsibility.

c. Services may be subject to fees and/or additional terms and conditions that will be made available to you on the Platform. Specifically, but not limited to, your Trailer-as-a-Service subscription or lease will be subject to a separate agreement. Services may not be available in all states.

d. Use of certain Services may require users to download of one or more mobile applications subject to additional license and use terms, including the driver mobile app available for download or at trailerhawk.ai. Certain features on the Platform may use certain location data from trailers in a fleet and may otherwise require use of an individual's mobile device. You must allow, and require drivers to allow, Company access to data collected from the Platform as necessary to make such data available to you via the Platform.

e. Certain Services require the use of certain third-party services. Company does rely at least in part on third parties and third-party services to function, and Company does not guarantee the accuracy of such services. It is up to you to ensure the services are accurate. By using the Platform, you agree that we may transfer relevant data to third-parties.

f. When you purchase parts, you will be directed to the Wabash Parts website, which is run and controlled by Wabash National Corporation, not us. Any purchases will be subject to the Wabash Parts Terms of Use located here:https://parts.onewabash.com/terms-of-use and the Terms of Sale located here: https://parts.onewabash.com/media/wysiwyg/Legal_Documents/Wabash_Parts_Terms_and_Conditions_of_Sale_2023-05-09.1.pdf (each as may be updated from time to time as updated by Wabash National Corporation). We do not control these terms and policies.

g. Services, features and functions on the Platform may be updated from time to time in our discretion. We make no warranty or guarantee that we will make any updates or that the Platform will work from all browsers or any browser in perpetuity. We may cease any particular Service, feature or function of the Platform at any time without notice.

h. Services may only be available in certain geographic areas. You may not submit any false, inaccurate, or misleading information in an attempt to hide or mispresent your location.

i. WE HAVE NO OBLIGATION TO MAKE ANY SERVICE FEATURE OR FUNCTION AVAILABLE TO A USER THAT HAS NOT AGREED OR CONSENTED TO THE APPLICABLE TERMS OR ACKNOWLEDGED THE APPLICABLE POLICIES.

6. Payment. Access to the Platform and its Services is subject to one or more additional fees. Fees will be invoiced and payment is due and payable in accordance with the invoice terms. If you enroll to make recurring payments automatically, all charges and fees will be billed to the billing account information that you designate during the setup process. You may update your billing information at any time. We are not responsible for any failure of your financial institution to process your payment. All fees are nonrefundable.

7. Use Restrictions. In addition to the other restrictions outlined in these Terms, you agree that you will not (and you will not permit anyone else to) use your Account, the Services, and/or Platform for the following:
• For any purpose that is illegal, unauthorized, beyond the scope of its intended use, or in order to engage in, promote or assist any third party in any activity that violates these Terms;
• To interfere with or disrupt servers or networks used by Company or any third party, violate any third party regulations, policies or procedures, or harass or interfere with another user's use of the Platform;
• To intercept, monitor, capture, or view any communications with the Platform, whether through the use of a network analyzer, packet sniffer or other device or software;
• To scrape data, information, or Content from the Platform or use any robot, bot, spider, crawler, scraper, or other automated means or interface not provided by us to access or extract data from the Platform ;
• To Reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Platform or Services or circumvent measures employed to prevent or limit access to the Platform or its Content;
• To use or attempt to use another user's account without authorization or otherwise impersonate any person or entity or misrepresent your affiliation with Company or any other person or entity;
• To frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of Company without our express written consent;
• To submit material to us that is unlawful or otherwise infringes the rights of any person or entity;
• To reproduce, duplicate, copy, buy, sell, trade, resell or exploit for any commercial purpose any portion of the Platform or Services, including your Account or Content; or
• Develop any third-party applications that interact with the Platform or Content without prior written consent from Company.

8. Updates and Upgrades. We may occasionally make updates or changes to the Platform and Services. All such releases are in our discretion. If you find any error, issue, or bug in the Platform you may submit Feedback to notify us of the error, issue, or bug. If we elect to install any such updates or upgrades, the Platform and Services may be temporarily unavailable as we take our systems offline. In certain circumstances, we may need to suspend, withdraw, or disable the Platform, Services, and Accounts for longer periods while we deploy updates and upgrades. If we anticipate the Platform, Services, or Accounts being impacted, we will use commercially reasonable efforts to notify you of the same. Otherwise, we use commercially reasonable efforts to provide support during our regular business hours.

9. Your Access to the Platform. Access to the Platform will continue on a month-to-month basis. We do not guarantee that the Platform, Services, Accounts, or any Content will be accurate, available, or uninterrupted. The Services are intended to provide you overview and access to certain fleet data that we may elect to make available to you via the Platform. The accuracy of such data may depend on one or more users or devices that are outside of Company's control. As a result, we are not responsible for ensuring that data is accurate and you rely on data made available to you via the Platform at your own discretion and risk. We may suspend or discontinue your access to the Platform (including disabling any Accounts) or any Services. We will provide notice of such activity to you in advance where feasible but reserve the right to take such actions in our discretion. The Platform is controlled by Company from its offices within the United States of America. Company makes no representation that the Platform or Services (or Content available via the same) are appropriate or available for use in other countries. Those who choose to access the Platform from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.

10. Termination. You may close your Account and discontinue your use of the Platform at any time. If you elect to do so, termination of your Account does not terminate any other services contract you may have with Company, such as our Universal Trailer Pool Subscription Agreement. You may contact Company as set forth below to understand other options, if any, to receive the Services made available via the Platform. If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Platform and Services, and we may immediately terminate your Account). Company may suspend or terminate the Platform or any Services, in whole or in part, at any time in its sole discretion for any reason. Company will not be liable to you or anyone else for any damages arising from or related to Company's suspension or termination of your Account, the Platform, or the Services, or in the event Company modifies, discontinues, or restricts the availability of your Account, the Platform, or the Services (in whole or in part) . If your Account is suspended or canceled, you will still be responsible for payment of all outstand fees through the termination date.

11. Third-party Content. The Platform may contain links to websites or resources provided by third parties. Links to third-party websites or resources are provided for your information only and do not constitute Company's approval of those third-party websites or resources. Company does not control or endorse and is not responsible or liable for any such third-party content, websites, communications, or resources, or any related content, products, or services. You are solely responsible for such third-party content, websites, communications, or resources and you use the same at your own risk.

12. Feedback. By sending us any ideas, suggestions, documents, or proposals ("Feedback"), whether related to our Platform, Services, Content, or otherwise, you agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback and may use, publish, distribute, and sublicense the Feedback without any obligation of attribution or compensation to you or any third party.

13. WARRANTY DISCLAIMER. THE PLATFORM, SERVICES AND CONTENT AVAILABLE VIA THE SAME ARE PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTY. Company, ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUBSIDIARIES AND EACH OF THEIR OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, REPRESENTATIVES, AND PARTNERS, DISCLAIMS ALL WARRANTIES WITH REGARD TO THE PLATFORM, SERVICES, AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND ALL WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. Company, ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUBSIDIARIES AND EACH OF THEIR OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, REPRESENTATIVES, AND PARTNERS MAKE NO WARRANTY THAT (A) THE PLATFORM OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE PLATFORM OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS FROM THE PLATFORM OR SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE PLATFORM OR SERVICES WILL MEET YOUR EXPECTATIONS; (E) ANY ERRORS IN THE PLATFORM OR SERVICES WILL BE CORRECTED OR CORRECTABLE; (F) THAT THE PLATFORM OR THE SERVERS THAT MAKE THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS; (G) YOUR ACCOUNT IS SECURE; OR (H) THE CONTENT IS ACCURATE.WARRANTIES RELATING TO PRODUCTS, EQUIPMENT OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY Company ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS, EQUIPMENT OR SERVICES

14. LIMITATION OF LIABILITY. TO THE GREATEST EXTENT ALLOWED BY LAW, YOU EXPRESSLY AGREE AND HEREBY RELEASE Company, ITS SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, THIRD PARTY SERVICE PROVIDERS, REPRESENTATIVES, AND PARTNERS (THE "Company PARTIES") FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR USE OF THE PLATFORM, SERVICES, CONTENT AND ACCOUNT, AND PROMISE NOT TO SUE THE Company PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED THEREWITH. YOU ALSO AGREE THAT IN NO EVENT WILL THE Company PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) YOUR USE OR MISUSE OF THE YOUR ACCOUNT, PLATFORM OR SERVICES, (B) ANY DELAY OR INABILITY TO USE YOUR ACCOUNT, PLATFORM OR SERVICES, (C) ANY CONTENT OR THIRD PARTY CONTENT OBTAINED THROUGH YOUR ACCOUNT, PLATFORM, OR SERVICES, or (D) ANY DATA OR INFORMATION MADE AVAILABLE TO YOU VIA THE PLATFORM, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF Company HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES OR SUCH DAMAGES WERE FORESEEABLE. USE OF THE PLATFORM AND SERVICES IS AT YOUR RISK. YOUR SOLE REMEDY AGAINST Company FOR USE OF THE PLATFORM OR SERVICES IS TO STOP USING THE SAME. NOTWITHSTANDING THE ABOVE, IF Company IS LIABLE TO YOU FOR ANY DIRECT DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS PLATFORM, SERVICES, CONTENT OR ACCOUNT, Company'S LIABILITY WILL NOT EXCEED $500.00 UNITED STATES DOLLARS (USD). THE FOREGOING LIMITATIONS APPLY EVEN IF ANY AVAILABLE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. APPLICABLE LAW, INCLUDING THE LAWS OF THE STATE OF NEW JERSEY, MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND EXPRESSLY WAIVE THE BENEFITS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE (AND ANY SIMILAR LAW OF ANY STATE OR OTHER JURISDICTION), WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

15. INDEMNIFICATION. BY AGREEING TO THESE TERMS, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COMPANY AND COMPANY PARTIES FROM AND AGAINST ANY AND ALL CHARGES, CLAIMS, DAMAGES, LOSSES, COSTS, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS' FEES) INCURRED AS A RESULT OF OR ARISING FROM A CLAIM, COMPLAINT, ALLEGATION, LAWSUIT, OR DEMAND ARISING OUT OF OR RELATING IN ANY WAY TO (A) YOUR ACCESS OR USE OF THE PLATFORM OR ANY BUSINESS DECISIONS YOU MAKE IN RELIANCE ON INFORMATION OR DATA OBTAINED THROUGH THE PLATFORM; (B) YOUR VIOLATION OF THESE TERMS; (C) YOUR INFRINGEMENT OR MISAPPROPRIATION OF COMPANY'S OR ANY THIRD PARTY'S INTELLECTUAL PROPRETY RIGHT OR OTHER PROPRIETARY RIGHT; OR (D) YOUR VIOLATION OF ANY APPLICABLE LAW.

16. Governing Law. Unless otherwise required by applicable law, these Terms, and your access to and use of the Platform, are governed by the laws of the State of Indiana, without regards to its conflict of laws principles.

17. DISPUTE RESOLUTION. YOU AGREE TO RESOLVE ANY DISPUTES ARISING UNDER THESE TERMS OR RELATING TO THIS PLATFORM ON AN INDIVIDUAL BASIS, AS SET FORTH BELOW.

a. WAIVER. YOU UNDERSTAND THAT BY AGREEING TO DISPUTE RESOLUTION ON AN INDIVIDUAL BASIS, (I) YOU ARE GIVING UP YOUR RIGHT TO A TRIAL BY JURY AND (II) YOU MAY NOT BRING A CLAIM AGAINST COMPANY IN A CLASS ACTION LAWSUIT, AND THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN ONE OR MORE PARTY'S CLAIMS IN A CLASS OR PROCEEDING.

b. Notice. If you desire to assert a claim against Company, you must first send to Company, by certified mail, a written notice of your claim ("Notice"). The Notice to Company should be addressed to the address listed below to contact us. If Company desires to assert a claim against you, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Company, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought.

c. Good Faith Discussions. You and Company must first attempt to resolve any dispute by good faith discussions or email. If the parties cannot resolve a dispute with good faith discussions, then either party may submit the dispute to binding arbitration as set forth in these Terms.

d. Time Limit. Any claim by you arising in connection with the Platform or Services must be commenced by you within one (1) year of the dispute giving rise to the claim.

e. Exceptions. Notwithstanding anything to the contrary in this Section, you and Company each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights.

f. Venue. Exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Tippecanoe County, Indiana.

18. Assignment. You may not assign your rights or delegate your duties under these Terms, including without limitation your Account, without our prior written consent. These Terms inure to the benefit of Company's successors and assigns.

19. Entire Agreement. These Terms and any Terms posted throughout the Platform (if any) are the entire agreement between you and Company with respect to your access to and use of your Account and the Platform and all Content and Services. These Terms do not amend and shall have no effect on any Master Subscription Agreement executed between you and Company.

20. Contact Us. If you have any questions, concerns, complaints or suggestions regarding our Terms or otherwise need to contact us, you may contact us at the following:

Linq Venture Holdings LLC DBA - Wabash Marketplace
3900 McCarty Lane
Lafayette, IN 47903
taassupport@onewabash.com
866-875-4295

‍

How we can help you?