TERMS AND CONDITIONS
Customer and/or an authorized purchaser will be deemed
to have accepted the Terms and Conditions by placing an order and/or service
request with Link Technologies, Inc. verbally, via e-mail, facsimile, Link
Technologies, Inc.’s websites or any means of communication causing Link
Technologies, Inc. to ship product to or provide service on the behalf of
the Customer. Link Technologies, Inc, acceptance of Customer’s order/service
request is conditioned upon Customer’s acceptance of the Terms and
Conditions. In the event that Customer’s order/service request is deemed to
be an offer, Link Technologies, Inc.’s acknowledgement or performance of the
order/service request is conditioned upon Customer’s acceptance of the Terms
and Conditions and the Customer’s acceptance of delivery regarding
Customer’s order/service request constitutes acceptance of the Terms and
Conditions. Link Technologies, Inc. may reject the order/service request for
any reason. Link Technologies, Inc. will not be bound by any terms and
conditions set forth in Customer’s order/service request, unless previously
agreed to in writing.
Link Technologies, Inc. and its associates attempt to
be as accurate as possible. However, Link Technologies, Inc. does not
warranty that product or services descriptions, or other content of this
site is accurate, complete, reliable, current, or error-free.
Prices for Products and Services will be as set forth
in Link Technologies, Inc.’s applicable price list, proposals or written
agreed upon pricing arrangements, which does not include applicable taxes,
as defined herein and shipping costs.
Customers opening a Help Desk Ticket with Link
Technologies, Inc. for Support via website, email, facsimile or telephone
will be charged a minimum of ½ hour Support time billable at the current
Support hourly rate. Payment is due according to terms indicated on Link
Technologies, Inc.’s invoice to Customer and to be made via method accepted
by Link Technologies, Inc. major credit cards accepted include MasterCard,
Visa, American Express, and Discover. Invoices paid via credit card that are
over $5,000.00 will be charged a convenience fee of 3%. Other accepted
payment methods are PayPal, Check, Cash, and ACH. All International orders
must be paid for in advance via Wire Transfer. All payments will be made in
US currency. Link Technologies, Inc. reserves the right to withhold shipment
of any part of an order or to require pre-payment of any given shipment if
Customer does not make timely payment. Customer will pay all applicable
taxes, duties, licenses, excises, taxes and tariffs levied upon the sale,
purchase or delivery of the Products. Customer also authorizes Link
Technologies, Inc. to collect on any invoice to customer that is more than
30 days past invoice date on face of invoice via ACH from the customer’s
checking or savings accounts or charge against customer’s credit card on
account. Customers with approved Credit Terms should pay invoices within 30
days and will be subject to the payment policy held within for late or
default open balances. After 30 days there will be no refunds given on back
ordered items.
TowerCoverage.com Accounts can be paid for via credit
card, PayPal and recur monthly.
Checks can only be accepted if the account is yearly. TowerCoverage.com
accounts paid via PayPal Subscription service will not be prorated for any
reason and are Non-Refundable. You may unsubscribe at any time to stop
recurring billing. For all 2 Day Free Trial accounts there is no
payment requirement, when the 2 Day Free Trial has concluded without
upgrading your account; the account will be set to Free Account Status. If
you choose to upgrade your Account recurring billing will begin at Term of
Service date. For all TowerCoverage.com Accounts and 14 Day Free Trial;
a PayPal Billing Agreement is required; recurring billing starts on the term
of service date for monthly and yearly accounts. Term of Service for 14 Day
Free Trial begins when the trail period is complete and automatically set to
a Tier 1 status for recurring billing if not canceled via PayPal Billing
Agreement service. TowerCoverage.com Accounts with the PayPal Billing
Agreement service are eligible for upgrades and will be prorated and
increase or decrease your recurring billing amount whichever shall apply
through the automated payment process in place. In the event you choose to
unsubscribe from our services recurring billing will continue until the
Customer’s term of service has expired. Accounts remaining inactive for 3
months or longer are subject to loss of all data held within.
Credit Cards:
Invoices paid via credit card that are over
$10,000.00 will be charged a convenience fee of 3%.
Other accepted payment methods are PayPal, Check,
Cash, and ACH. All International orders must be paid for in advance via Wire
Transfer. All payments will be made in US currency. No exceptions will be
made to this policy without prior notice of approval.
By submitting an order/service request,
subscriptions, invoices or the like you agree to hold harmless for any
disconnected services or other losses due to removal of configuration,
inability to access, or other means that Link Technologies, Inc. can
repossess its Intellectual Property rights. Services rendered, when
possible, will be reverted back to factory default configurations in an
attempt to collect debt. You agree that your account will be in good
standing. If a reasonable attempt has been made to contact you to regarding
collection of debt on your account, you agree Link Technologies, Inc. can
disable, remove configuration, and/or change network devices in which Link
Technologies, Inc. has currently or previously been given full rights and
permissions to perform said services in an attempt to collect such debt.
We will make a “Best Effort" on all services. This
includes but is not limited to managed mail, servers, billing systems etc.
However, there are NO guarantees on any service, it’s up time, or
performance. By you paying our invoice you agree to these terms. These
payments may or may not come before the services are performed. By placing a
credit card on file with Link Technologies, Inc, any services used can and
will be charged to the credit card as occurred. You agree that Link
Technologies, Inc. can collect these payments via your credit card without
contact to the Customer prior to the charges.
Customer grants to Link Technologies, Inc. and in which
retains a purchase money security interest in the Products and Services
provided under these Terms and Conditions and to all products and services
now and hereafter purchased and/or acquired by the Customer from Link
Technologies, Inc. and to any proceeds thereof; until the purchase price and
any other amounts due to Link technologies, Inc. has been satisfied in
entirety. Customer hereby authorizes Link Technologies, Inc. to prepare and
file financing statements as to products or services as collateral in any
such office Link Technologies, Inc. deems appropriate; further agrees to
promptly execute any other documentation requested by Link Technologies,
Inc. in order to protect and uphold the security interest held for products
or services. In the matter of default by the Customer of any obligations to
Link Technologies, Inc., Link Technologies, Inc. shall have all rights and
remedies of a secured party under the Uniform Commercial Code; in which
rights and remedies shall be cumulative and not exclusive.
Credit Terms are available to our Customers by
completing our Credit Application and paying a non-refundable $50.00
application and processing fee due upon completion of the application.
Credit Terms are contingent upon approval from a 3rd party agency and/or at
the discretion of Link Technologies, Inc. Credit Terms are for the purpose
of purchasing hardware only and may not be used for software, licensing,
services, labor, data files, subscriptions or hosting of any kind. Payment
is expected within 30 days of placing an order request and subject to our
payment policy held within these Terms and Conditions. You can obtain a copy
of our Credit Application on our website
CLICK HERE
or by contacting a member of our team.
Credits may be available to Customer pursuant to Link
Technologies, Inc.’s then applicable policies and programs which may
include, without limitation, Product returns, co-op advertising, rebates and
allowances. Customer may apply Credits to their account balance with Link
Technologies, Inc. Refunds will be issued, upon request of Customer, only in
the event of an overpayment. Link Technologies, Inc. reserves the right to
apply any unused Credits which are 60 days or over from the issue date to
the oldest outstanding invoice on the Customer’s account. Unused Credits for
product shall be applied to any invoice not within your existing credit
terms. Credits on account is Link Technologies, Inc. policy for returns.
There are NO CASH REFUNDS. All Credits on account will come to
expire 2 years after the original issuance.
These include but are not limited to subscriptions,
licenses, licensing, deployment and subscription data files, coordination,
training, and network support services. Other services rendered of any type
will not be eligible for refund or credit without prior approval at Link
Technologies, Inc.’s sole discretion.
A $25.00 fee will be charged for all returned checks in
addition to any and all fees charged and accrued by our financial
institution(s). The Customer will be fully responsible and hold Link
Technologies, Inc. harmless for any and all fees accrued by Link
Technologies, Inc. for defaulted payment of any form from the Customer. Non-
Payment for services will result in the service being interrupted, returned
to default, stored data loss, or any applicable process of return permitted
by law. Where re-instatement of services applies to a service provided
by Link Technologies, Inc. a service and support fee at Link Technologies,
Inc.’s current rates will be implemented. Default of payment within Credit
Terms will result in a late fee of one and one half percent (1.5%) per
month; (18%) eighteen percent annually of any outstanding balance owed, or
the maximum amount permitted under applicable law whichever is greater for
any balance remaining on account past due on account in accordance to the
customer’s terms of payment. Any balances remaining unpaid after 90 days
will be referred to an authorized Collection Agent. Link Technologies, Inc.
reserves the right to refuse or withhold shipment or service of an order
partial or full and to require pre-payment of any given product or service
if Customer does not make timely payment.
Customer must notify Link Technologies, Inc., by
calling Link Technologies, Inc. within three (3) days after delivery, of any
claimed shortages or rejections and Link Technologies, Inc. must receive a
notice in writing from Customer via email or facsimile within five (5) days
of the claim. Failure to give such notice of a claim will be deemed an
acceptance in full of any such delivery. Approval of any short shipment
claim is in Link Technologies, Inc.’s sole power and discretion. In the
event that Link Technologies, Inc. grants a short shipment claim, Link
Technologies, Inc. will replace the lost or damaged Product or issue a
Credit, in its sole discretion. In the event that Link Technologies, Inc.
does not approve the claim, the Customer will be required to pay the total
invoice in full.
Please submit these in writing to
invoices@linktechs.net Please provide documentation that
shows that the work was not preformed, or hardware was not delivered. If for
any reason Link Technologies, Inc. cannot rectify a dispute following policy
within shall be submitted to confidential arbitration in the State of
Missouri, except that, to the extent you have in any manner violated or
threatened to violate Link Technologies, Inc.’s intellectual property
rights, Link Technologies, Inc. may seek injunctive or other appropriate
relief in any state or federal court, and you consent to exclusive
jurisdiction and venue in such courts
Backordered inventory is inventory currently not in
stock that is sold and will be delivered when it becomes available. There
may be delays for the backorder items due to unforeseen circumstances during
the shipping process or inadequacies on the manufacturer’s side, etc. If you
order an item that is out of stock, we cannot guarantee an estimated time of
shipment, delivery or availability. We will do our best to make sure we
inform the Customer and get your items in a reasonable timeframe. Incoming
inventory will be allocated in the order in which we received order request
from our customers. When placing an order that contains items that are in
stock as well as items that are out of stock, the in-stock items will ship
according to our standard shipping policy.
Orders will ship in accordance with Link
Technologies, Inc.’s shipping policy on the date of shipment. All shipments
of Products by Link Technologies, Inc. to the Customer will be FOB (Free on
Board), from the point of shipment. Insurance coverage, transportation
costs and all other expenses applicable to shipment from Link Technologies,
Inc. to Customer’s identified delivery place will be the responsibility of
the Customer.
Some orders may take longer to ship, based upon
payment verification and current product availability. Please contact us if
you need an expedited service. Tracking will be emailed to you as soon as it
is available.
We only ship to a verifiable billing/shipping
address. All Ship To addresses must correspond to your billing address for
the acceptable form of payment rendered. In the event that we cannot
verify shipping information with you the Customer the shipment will be
placed on hold or canceled if no contact and/or verification is able to be
made by Link Technologies, Inc.
Special arrangements can be made for pallet shipping.
A signature is required upon delivery of any package
sent to the Customer by Link Technologies, Inc. For this policy to be lifted
a signed waiver of signature upon delivery document must be signed and on
file with Link Technologies, Inc. By returning the signed form to Link
Technologies, Inc. the Customer acknowledges and accepts all liability for
products shipped and releases Link Technologies, Inc. from any liability for
loss or damage arising from the instruction held therein. Contact one of our
Team Members to request a Signature Required Waiver Form for your
shipment(s).
Customer acknowledges that ownership of product and
responsibility for claims of shipping damage belongs to the Customer FOB
(Free on Board), from point of shipment. Customer may elect to ensure the
product with shipper at time of order or obtain an umbrella policy to cover
the Customer in the event product is damaged in shipment.
Customer will obtain all licenses, permits, and
approvals required by any government and will comply with all applicable
laws, rules, policies and procedures of the United States government.
All products and/or services, purchased from Link
Technologies, Inc. are made pursuant to a shipment contract. In other words,
the risk of loss and title for such items pass to you upon our delivery to
the carrier. Link Technologies, Inc, does not guarantee products or services
unless explicitly written in a direct agreement with Link Technologies, Inc.
Customer may return Products purchased from Link
Technologies, Inc. and receive a Credit up to the amount invoiced for the
Product, minus shipping and handling charges subject to Link Technologies,
Inc.’s then current return policy and will be processed on a case by case
basis. Any Product returned within 30 days of the original purchase invoice
date and “as new” resalable condition criteria is met will be eligible for a
full refund of purchase. All other returns are subject to a restocking fee
of up to 40% of the original purchase pricing. Link Technologies, Inc.
offers a 1 year limited warranty on hardware sold by Link Technologies, Inc.
subject to conditions elsewhere in this policy.
Notwithstanding the foregoing, Link Technologies,
Inc. makes NO warranty or representations and NO returns regarding Services,
Subscriptions, Data Files, or otherwise. Credit on account or exchange ONLY
on ALL approved hardware purchases. NO CASH REFUNDS. All other returns of
Products are subject to Link Technologies, Inc.’s prior approval and
applicable fees.
Link Technologies, Inc. without exception, does not
warranty any Product or Service that has been damaged by power surge, over
voltage or physical damage caused unintentional or otherwise in any
circumstance.
Per manufacturer policy, Link Technologies, Inc. does
not provide returns, exchanges or refunds for any Ubiquiti products. All
sales are final as UBNT products have a Manufacturer's Warranty, therefore
all UBNT issues including product refunds, repairs or exchanges are handled
directly through UBNT. Please contact Ubiquiti directly for services and
support.
For UBIQUITI Warranty information
CLICK HERE.
Mimosa
and Netonix manufacturers are willing to handle repairs and replacement for
manufacturer defective products directly. Products can be sent
directly to the manufacturer for testing, repair or replacement according to
their policies and procedures.
If the product is DOA (Dead on Arrival), please contact Link Technologies,
Inc. directly. If you prefer to have Link Technologies, Inc to investigate
the issue, please follow normal RMA (Returned Merchandise Authorization)
procedures as outlined below. Link Technologies, Inc will perform
testing on Mimosa and Netonix products which may include a bench testing fee
at the current hourly support rate, repair, and return shipping cost. Please
note that advanced replacement is not available for these products.
For MIMOSA Service and Support
CLICK HERE. For NETONIX
Orders and Returns
CLICK HERE.
For ALL MikroTik products you must open a ticket with
the manufacturer via
support@mikrotik.com prior to returning the product to Link
Technologies, Inc. and note the MikroTik ticket number on your Link
Technologies, Inc. RMA
(Returned Merchandise Authorization) form. For all MikroTik products
a per item deposit will be required. This will be refunded if MikroTik
covers the repair or replacement and return shipping. If the repair or
replacement is not covered the deposit will be used toward
repair/replacement cost and shipping if there is any additional cost the
balance will be collected before the item is returned.
Per Policy ALL MikroTik products MUST BE
“net-installed” by the Customer prior to return. A technical support fee
will be accessed in accordance to our current rates for MikroTik products
that are repaired with “net-install” returned through Link Technologies,
Inc.’s RMA (Returned
Merchandise Authorization) process.
All Powerlink products are sold with a 1 year
manufactures warranty. The product warranty starts at the date of purchase
and covers only manufacture defects. Any damage not considered normal wear
and tear, including, but not limited to, broken plastic and/or tabs, impact
points, or cracks will invalidate the warranty on this unit. All units must
have their serial numbers clearly visible on the factory sticker, if not, we
will not be able to warranty the unit. To spare you shipping costs, you will
be required to submit photos of the Powerlink prior to shipping it back to
Link Technologies, Inc.
To process an RMA, fill out the RMA form online (via
https://hd.linktechs.net ) and attach pictures of both
front and back of the unit/units. If the form is not clearly labeled, and
filled out correctly, your RMA request may go unanswered, and/or we may
request further information.
Upon receiving an RMA number, it will be your
responsibly to ship the unit in question to our warehouse, with the proper
form and RMA number on the shipping label. It is advised that you ship with
a tracking number and shipping insurance to cover the cost of the unit in
the event it is lost or does not reach us. Upon receiving your RMA we will
inspect the unit to verify the unit has not had physical damage, and that it
conforms to our policy stated above. If the unit passes inspection, we
reserve the right to ship a replacement unit to you at our cost. This unit
may or may not have the same serial number, if your serial number has
changed the remainder of your warranty will be placed on the new serial
number unit. If the unit must be shipped to the overseas manufacturer for
repair or replacement, you will be notified of and estimated time of the
repair.
For all products requesting a Returned Merchandise
Authorization you must follow our policy within these TERMS AND CONDITIONS.
Please visit
https://hd.linktechs.net, here you will be able to
create a free account, and once created, you will have the option to enter a
RMA. Fill out the RMA form on-line. We always recommend you
adding a few pictures of the unit in question.
Upon completion and return of the Customer’s RMA
(Returned Merchandise
Authorization) Request Form you will receive an RMA
(Returned Merchandise
Authorization) number issued by Link Technologies, Inc. If we receive
returns that we have not issued a RMA
(Returned Merchandise
Authorization) number for, they will be refused and returned to the
sender. Shipping and handling charges are non-refundable for any reason.
Link Technologies, Inc. limited warranty is 1 year on new products from the
date of the invoice unless otherwise noted in the sale description and
agreed to by both parties in writing. Physically damaged items or items not
in "as-new” condition will not be accepted for return. Our dealer warranty
for replacement is 10 days. This is ample time to cover products that may
unfortunately be DOA (Dead on Arrival).
After your RMA
(Returned Merchandise Authorization) Request form has been processed,
we will contact you to let you know whether or not your item is eligible for
return. We may verify some details of the order or the problematic item with
you before issuing you a RMA (Returned Merchandise Authorization) number for your return.
Sometimes a product may appear to have problems but is simply not configured
properly. In situations like this we may be able to resolve the problem over
the phone through Link Technologies, Inc.’s trouble shooting processes.
Once a RMA
(Returned Merchandise Authorization) number has been issued to you,
the returned item must be at our facility within 14 business days.
You are responsible for the cost of shipping returned
products back to us. We carry well-known name brands, and expect incidents
of DOA (Dead on Arrival) products to be low. We strongly suggest that you
ship by a traceable method to ensure your item arrives to us within the
policy time frame.
The returned item(s) MUST be returned with the
manufacturer’s original packaging and accessories it was shipped in, unless
otherwise agreed to by Link Technologies, Inc. This includes all cables,
user manuals, registration or warranty cards, and other accessories. There
are no refunds on products and/or services after 30 days from date of
original purchase invoice.
Returned item(s) should be in as new condition, with
no evidence of physical damage or tampering. When shipping your return back,
please package the item(s) properly. Your return must meet or exceed the
shipping carrier’s packaging standards. (Manufacturer’s product and
packaging placed within a sturdy box with at least 2” of padding on all
sides.) Write the RMA
(Returned Merchandise Authorization) number issued to you on the
envelope or box.
We will make every effort on our part to contact you
with status updates as they become available. However, please note that we
require a minimum of 10 business days after receipt of RMA
(Returned Merchandise
Authorization) product for processing and evaluation prior to making
a decision on possible repair or replacement.
All products not found to be defaulted within the
guidelines and policies herein may be subject to a restocking fee of up to
40% of the products original purchase price.
RMA
(Returned Merchandise Authorization) Cross-shipment is defined as
Link Technologies, Inc. shipping replacement product to the customer at the
same time as the customer is shipping the potentially defective item back to
Link Technologies, Inc. It is Link Technologies, Inc. policy not to
cross-ship new product for any reason without payment and agreement to
advanced replacement policy. There is a reason for this - when you have a
defective item from the manufacturer, and we send it in for repair or
replacement, it returns to us as a repaired/replacement item. It is NOT
considered, by the manufacturer, as a NEW item. Even if it is a warranty
replacement from the manufacturer, and thus a new unit), the serial number
or MAC address will trace as a warranty item.
Advanced replacement is defined as
Link Technologies, Inc. ships a replacement product to the customer prior to
receiving/evaluating the alleged defective product. If an advanced
replacement is requested you must place an order request with Link
Technologies, Inc. and pay for the product invoice in accordance to policy.
Link Technologies, Inc. may replace product in advance at the customer’s
request so long as the customer agrees with the following terms.
Payment for advanced replacement product, applicable
taxes and shipping cost must be received upfront prior to advance
replacement product shipping. In the event Link Technologies, Inc. replaces
a product in advance for the Customer the sale is to be considered and
deemed final and non-refundable.
If RMA
(Returned Merchandise Authorization)
product is received, reviewed and determined to have a manufacturer defect
covered by warranty and is repairable: the product will be repaired and
returned to the customer at no additional fee. The advanced
replacement invoice will not be refunded or credited. (Customer may
end up with 2 units)
If RMA
(Returned Merchandise Authorization)
product is received, reviewed and determined to have a manufacturer defect
covered by warranty: the amount of the product on the original purchase will
be credited back to the customer’s account for future products and services
(following the Purchasing and Payment policy herein). The advanced
replacement invoice will not be refunded or credited.
If RMA
(Returned Merchandise Authorization)
product is received, reviewed and determined to either NOT to have a
manufacturer defect or the problem is NOT covered by warranty: the Customer
agrees to pay return shipping and/or disposal fee on the RMA
(Returned Merchandise Authorization)
product, keep the advanced replacement product, and the Customer will not be
refunded/credited for any of the original invoice or advanced replacement
invoice. (Customer may end up with 2 working units)
Advanced replacement is not guaranteed by Link
Technologies, Inc. The option is reviewed on a case-by-case basis.
A Customer’s request for advanced replacement does not require Link
Technologies, Inc. to do so.
We may terminate or suspend access to any or all our
services immediately, without prior notice or liability, for any reason
whatsoever, including without limitation should Link Technologies, Inc.’s
Terms and Conditions become breached by the Customer. Upon termination, your
right to use the Service will immediately cease. If you the Customer wishes
to terminate your account, you may simply discontinue using the Service or
unsubscribe from the Service and/or Subscription. Termination by the
Customer or by Link Technologies, Inc. shall not relieve the Customer of any
liability for outstanding orders request, orders currently being processed,
unpaid invoices, open balances or subscriptions that term of service has not
expired.
Customer covenants and agrees to defend, indemnify
and hold harmless Link Technologies, Inc., its parents, affiliates and
subsidiaries, and their respective officers, directors, shareholders,
employees, contractors, agents and representatives, of, from and against any
and all actions, causes of action, claims, costs, damages, expenses,
interest, judgments, liabilities, penalties, and suits whatsoever
(including, but not limited to, reasonable attorney’s fees, court costs,
expert witness fees and expenses of litigation) whatsoever imposed upon,
incurred by or asserted against Link Technologies, Inc. and/or any of its
parents, affiliates, subsidiaries, officers, directors, shareholders,
employees, contractors, agents and representatives, which arise, directly or
indirectly, out of any use by the Customer of Services provided by Link
Technologies, Inc. or from the Customers breach or violation of any of the
terms and conditions hereof.
Under no circumstances and under no legal theory
(tort, contract or otherwise) shall Link Technologies, Inc. be liable to the
Customer or any other person nor party for damages of any kind or nature
including, but not limited to, any direct, indirect, special, incidental,
consequential or punitive damages of any character whatsoever, arising out
of its provision of Services, or its failure to provide the Services,
including, but not limited to, damages for loss of goodwill, work stoppage,
computer failure or malfunction, or losses of data or information due to
delays, non-deliveries, mismanaged deliveries or interruptions in service,
regardless of the cause therefore.
By visiting linktechs.net or its related sites, you
agree that the laws of the State of Missouri, without regard to principles
of conflict of laws, will govern these Terms and Conditions and any dispute
of any sort that might arise between you and Link Technologies, Inc. or its
associates.
THE SITE(S) AND/OR SERVICES LISTED ARE PROVIDED BY
LINK TECHNOLOGIES, INC. ON AN "AS IS” AND "AS AVAILABLE” BASIS LINK
TECHNOLOGIES, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE
THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW, LINK TECHNOLOGIES, INC. DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LINK
TECHNOLOGIES, INC. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL
SENT FROM LINK TECHNOLOGIES, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. LINK TECHNOLOGIES, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF
ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN
STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF
THE ABOVE DISCLAIMERS, EXCLUSIONS, OR IMITATIONS MAY NOT APPLY TO YOU, AND
YOU MIGHT HAVE ADDITIONAL RIGHTS. THE CUSTOMER ACKNOWLEDGES, UNDERSTANDS AND
AGREES THAT LINK TECHNOLOGIES, INC. EXERCISES NO CONTROL WHATSOEVER OVER THE
CONTENT, ACCURACY OR QUALITY OF THE DATA AND INFORMATION PASSING THROUGH ITS
NETWORK OR ANY PRODUCTS OR SERVICES ORDERED BY CUSTOMER VIA ITS NETWORK. THE
SERVICES, AND ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED BY CUSTOMER
THROUGH ITS USE OF THE SERVICES, ARE PROVIDED "AS-IS”. LINK TECHNOLOGIES,
INC. MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY NATURE OR DESCRIPTION,
EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES TO BE PROVIDED
INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, QUALITY,
PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
THIS DISCLAIMER OF WARRANTIES CONSTITUTES AN ESSENTIAL PART OF THIS
AGREEMENT. LINK TECHNOLOGIES, INC. MAKES NO WARRANTIES OF ANY
KIND WITH REGARD TO PRODUCTS OR SERVICES. LINK TECHNOLOGIES, INC.
DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE
PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL
LINK TECHNOLOGIES, INC. BE LIABLE FOR ANY LOSS, DAMAGE OR COST
FOR BREACH OF WARRANTY. LINK TECHNOLOGIES, INC. WILL NOT, IN ANY
EVENT, BE LIABLE FOR ANY LOSS OF REVENUE, PROFIT, LOSS OF DATA, INTERRUPTION
OF BUSINESS OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY
OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF
LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT OR
SERVICES, OR IN ANY WAY CONNECTED TO THIS AGREEMENT, EVEN IF LINK
TECHNOLOGIES, INC. HAS BEEN ADVISED OF SUCH DAMAGES. THE FOREGOING
LIMITATION OF LIABILITY WILL APPLY WHETHER ANY CLAIM IS BASED UPON
PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY
STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, OR OTHERWISE. IN NO
EVENT WILL LINK TECHNOLOGIES, INC.’S LIABILITY TO CUSTOMER EXCEED THE
PURCHASE PRICE PAID FOR THE PRODUCT THAT IS THE BASIS OF THE CLAIM. CUSTOMER
ACKNOWLEDGES, UNDERSTANDS AND AGREES THAT LINK TECHNOLOGIES, INC. EXERCISES
NO CONTROL WHATSOEVER OVER THE CONTENT, ACCURACY OR QUALITY OF THE DATA AND
INFORMATION PASSING THROUGH ITS NETWORK OR ANY PRODUCTS OR SERVICES ORDERED
BY CUSTOMER VIA ITS NETWORK. THE SERVICES, AND ANY INFORMATION, PRODUCTS OR
SERVICES OBTAINED BY CUSTOMER THROUGH ITS USE OF THE SERVICES, ARE PROVIDED
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ESSENTIAL PART OF THIS AGREEMENT.
The drawings, text, logos, descriptions, data,
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structure of the content in full are the sole property of Link Technologies,
Inc. Use of the above stated materials does not give right to modify,
reproduce, copy, publish, display, or create derivative works without the
written agreement and permission of Link Technologies, Inc. corporate
officers.
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that condition shall be deemed severable and shall not affect the validity
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THIS CONTRACT CONTAINS A BINDING ARBITRATION
PROVISION WHICH MAY BE ENFORCED BY THE PARTIES
ARBITRATION UNDER THIS AGREEMENT SHALL BE CONDUCTED
UNDER THE RULES THEN PREVAILING OF THE AMERICAN ARBITRATION ASSOCIATION. THE
ARBITRATOR’S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY
COURT OF COMPETENT JURISDICTION TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT SHALL BE JOINED TO AN
ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER
THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE.