Terms & conditions
Linknovate, Inc. Terms of Service
Welcome to Linknovate.com, the website and online service of Linknovate, Inc. (collectively "Linknovate", "we", or "us"). These terms and conditions (collectively the “Terms” or the “Agreement”) apply to our online and/or mobile services, website and any web services or applications owned, controlled, or offered by Linknovate (collectively the “Service”).
OVERVIEW OF LINKNOVATE SERVICE AND UPDATES
USE OF SERVICES
Account types. Your Linknovate account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. Your account (including feedback) is not transferable, and any transfer or attempted transfer to another party is null and void.
Unauthorized use; Passwords. You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account.
Account Settings; Use of e-mail address. You may control your User profile and how you interact with the Service by changing the settings in the Account Settings section. By providing us your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in the Account Settings section. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Use of Personal Information in Communications. To prevent direct or indirect attempts to circumvent the Service, Linknovate has the right, but not the obligation, to prevent Users from including email addresses, phone numbers, and other personal information in communications sent via the Service.
Linknovate Content. Except for your content posted by you on the Service, you agree that the Service and all software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and other content within the Service and all Intellectual Property Rights in the foregoing (collectively, the “Linknovate Content”) are the exclusive property of Linknovate and its licensors. Except as expressly provided herein, nothing in these Terms shall be deemed to create a license to Linknovate Content, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Linknovate Content. Use of the Linknovate Content for any purpose not expressly permitted by these Terms is not permitted.
Our license to you. Subject to the terms and conditions of these Terms, we grant you a limited, non-transferable, and revocable license to use the Service, including accessing and viewing Linknovate Content, as expressly permitted by the features of the Service. Linknovate may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, Linknovate reserves all other rights and no other rights are granted by implication or otherwise.
LICENSES AND SERVICE ACCESS
Restrictions on Use. You agree that you will not use any robot, spider, scraper or other automated means to access the Service for any purpose without our express written permission. Additionally, you agree that you will not engage in any of the following prohibited activities: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to the Service) from the Service, any software code that is part of the Service, or any services that are offered on the Service without the our express written permission; (c) interfere or attempt to interfere with the proper operation of the Service or any activities conducted on the Service; (d) bypass any measures we may use to prevent or restrict access to the Service or any subparts of the Service including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (e) transmit spam, chain letters, or other unsolicited communications; (f) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (g) upload invalid data, viruses, worms, or other software agents through or to the Service; (h) collect or harvest any personally identifiable information, including account names, from the Service; (i) access any content on the Service through any technology or means other than those provided or authorized by the Service; (j) impersonate another person or otherwise misrepresent your affiliation with a person or entity, (k) conduct fraud, (l) hide or attempt to hide your identity; or (m) directly or indirectly, advertise or promote another website, product, or service or solicit other Users for other websites, products or services.
Changes, Termination, and Suspension. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
Linknovate cares about the integrity and security of your personal information and User content. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information or User content for improper purposes. You acknowledge that you provide your personal information and User content at your own risk.
RESOLUTION OF DISPUTES
Overview. If a dispute arises between you and Linknovate, our goal is to resolve such dispute quickly and cost-effectively. Accordingly, you agree that any claim or controversy you have with us at law or equity that arises out of or relates to this Agreement or the Services will be resolved in accordance with the terms of this Section 8. Before resorting to these alternatives, you agree to first contact Linknovate directly to seek dispute assistance using the support@Linknovate.com address.
Arbitration. In the unlikely event that Linknovate has not been able to resolve a dispute with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Linknovate agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, and administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND LINKNOVATE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
THIRD PARTY LINKS
THE SERVICE IS PROVIDED BY LINKNOVATE ON AN "AS IS," “AS AVAILABLE” BASIS, AND WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHETHER ARISING OUT OF STATUTE, IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE. WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE SERVICE BY ANY THIRD PARTY.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR OUR LICENSORS OR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER USER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE WILL HAVE NO LIABILITY TO YOU THAT ARISES OUT OF OR RELATES TO ANY TRANSACTION THAT IS PERFORMED USING THE SERVICE OR ANY DISPUTE, CONTROVERSY OR CLAIM THAT ARISES OUT OF OR RELATES TO TRANSACTIONS PERFORMED BETWEEN YOU AND OTHERS THROUGH THE SERVICE. IN ADDITION, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (WHETHER DIRECT OR INDIRECT) ARISING OUT OF OR RELATED TO EXPERIMENTAL SERVICES OR SERVICE CONTRACTS ENTERED INTO WITH RESPECT TO EXPERIMENTAL SERVICES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY STATED IN THIS AGREEMENT, IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF (A) $1,000, OR (B) THE AGGREGATE AMOUNT OF FEES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY.
The Service is controlled and operated from its facilities in the United States. Linknovate makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
If you have a dispute, controversy or claim with or against another User or a third party, you agree to, and do hereby, release Linknovate (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “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."
This release will not apply if the cause of the dispute is our failure to meet one of our obligations under the Terms of Service.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Linknovate without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Unless otherwise expressly stated in these Terms, Linknovate may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on Linknovate.com, as determined by Linknovate in our sole discretion. Linknovate reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Linknovate is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
ENTIRE AGREEMENT / SEVERABILITY
These Terms, together with any amendments and any additional agreements you may enter into with Linknovate in connection with the Service, shall constitute the entire agreement between you and Linknovate concerning the Service. If any provision or portion of a provisions of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining portion of such provision and any other provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Linknovate’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
If you wish to report a violation of the Terms of Service, have any questions or need assistance, please contact Linknovate Customer Support at email@example.com
You take full responsibility for all taxes and fees of any nature associated with Services, including any sales tax related to the purchase or sale of Commercial Products. Except for collecting EU VAT and remitting it to the EU, Linknovate shall not be liable for any taxes or other fees to be paid in accordance with or related to the Commercial Products. When purchasing or selling Commercial Products, it is your responsibility to determine whether or not sales taxes apply to a transaction and to collect, report and remit the correct amounts to the appropriate authority. Any tools provided as Materials or in connection with the Services indicating estimated taxes due are for illustration purposes only. You take full responsibility for all taxes and fees of any nature associated with Services, including any sales tax related to the purchase or sale of Commercial Products. Linknovate is required to Linknovate Value Added Tax of the European Union (“EU VAT”) from non-taxable EU customers, therefore, EU VAT shall be charged to these customers on top of our Fees
You may agree to a one (1) month or twelve (12) month month contract agreement with Linknovate.
At the end of the contract term, your contract will automatically renew for an additional contract term until explicitly cancelled by you. Cancellation must be issued via your website manager interface or via Linknovate's support addresses. Any cancellation issued via your website manager interface must be done at least one (1) day prior to the end of the contract term. Any cancellation not issued via the website manager interface must be done three (3) days prior to the end of the contract term to allow for adequate processing time.
Services may be terminated by us, without cause, at any time.
Services may be terminated by you, without cause, by following the cancellation procedures. At the end of the contract term, your contract will automatically renew for an additional contract term until explicitly cancelled by you. Cancellation must be issued via your website manager interface or via Linknovate's support addresses. Any cancellation issued via your website manager interface must be done at least one (1) day prior to the end of the contract term. Any cancellation not issued via the website manager interface must be done three (3) days prior to the end of the contract term to allow for adequate processing time.
Linknovate may terminate Services at any time, without penalty and without notice, if you fail to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services.
As used in this policy, the terms "using" and "processing" information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.
INFORMATION COLLECTION AND USE
Our primary goals in collecting information are to provide and improve our Site, services, features and content, to administer your Membership (together, the "Service") and to enable users to enjoy and easily navigate the Site.
PERSONALLY IDENTIFIABLE INFORMATION
When you register with us through the Site and become a registered user of Linknovate (a “Registered User”) we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you ("Identity Information"). Identity Information includes, but is not limited to, your name, email address, title/position, organization, and other biographical information, but does not include your billing information. In order to process some of your transactions through the Site, we may ask for additional information to assist with billing ("Billing Information") (Identity Information and Billing Information together, "Personal Information"). We use your Personal Information mainly to provide the Service and administer your inquiries.
We also collect the other information that you provide as part of registration and the administration and personalization of your profile page (e.g., without limitation, zip code (on its own) and individual preferences or demographic information) ("Non-Identifying Information").
We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service, complete your transactions, and administer your inquiries. We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Site and Service are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.
We may also use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications. Please note that we may also use your Personal Information to contact you with information related to your use of the Service; you may not opt out of these notifications.
When you visit the Site, whether as a Registered User or a non-registered visitor just browsing, our servers automatically record information that your browser sends whenever you visit a website ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site and the Service and for the Site's technical administration, to increase our Site's functionality and user-friendliness, and to better tailor it to our visitors' needs. We also use this information to verify that visitors to the Site meet the criteria required to process their requests. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.
Our Web pages may contain electronic images known as Web beacons (sometimes called single-pixel gifs) which may be used along with cookies to compile aggregated statistics to analyze how our site is used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.
COMMUNICATING WITH USERS OF LINKNOVATE
As part of the Service, Users may communicate with other Users through use of the "Contact" or “Send a Message” features on the site. Depending on the User’s settings and the circumstances, messages may be sent from Linknovate to User’s email addresses. Email addresses collected and used by Linknovate will be used only for the purpose of sending the email communication to the addressee.
You can import contacts from your email account address book to invite them to create an Account or to view a specific project. During this process we collect, but do not store, the username and password for the email account you wish to import your contacts from and will only use it for that purpose only.
Identity theft and the practice currently known as "phishing" are of great concern to Linknovate. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your login password or any other personal information in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission's website at ftc.gov.
COMPLIANCE WITH LAWS AND LAW ENFORCEMENT
Linknovate cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Linknovate or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.
Linknovate may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
CHANGING OR DELETING YOUR INFORMATION
All Members may review, update, correct or delete the Personal Information in their registration profile by contacting us at support@Linknovate.com or editing the relevant part of their profile. If you would like us to delete your record in our system, please contact us and we will attempt to accommodate your request if we do not have any legal obligation to retain the record. See below for privacy contact information.
Linknovate is very concerned with safeguarding your information. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can contact us at support@Linknovate.com.
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
LINKS TO OTHER SITES
Our Site may contain links to other websites. If you choose to visit an advertiser by "clicking on" a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party's website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
With your consent we may post your testimonial along with your name. If you want your testimonial removed please contact us firstname.lastname@example.org