TERMS AND CONDITIONS
ACCEPTANCE OF 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.
PRODUCT AND SERVICES
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.
PURCHASING AND PAYMENT
Prices for Products and Services will be as set forth in Link Technologies, Inc.’s then 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.
TowerCoverage.com Accounts can be made via PayPal only and are recurring monthly or yearly on term of service date. Payment may be made for yearly accounts on an invoice through one of our representatives by one of the acceptable forms of payment; acceptable forms 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. No exceptions will be made to this policy without prior notice of approval. 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 chose 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 any and all data held within.
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 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, its 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 AND REFUNDS
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.
NON REFUNDABLE SERVICES 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.
NON-PAYMENT OR DEFAULT
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 email@example.com 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.
LARGE OR OVERSIZED SHIPMENTS
Special arrangements can be made for pallet shipping.
REQUIRED SIGNATURE FOR DELIVERY
A signature is required upon delivery of any package sent to the Customer by Link Technologies, Inc. In order 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 any and 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).
SHIPPING AND FREIGHT INSURANCE
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 insure 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.
RISK OF LOSS
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.
GENERAL RETURN AND WARRANTY INFORMATION
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.
UBIQUITI RETURN AND WARRANTY INFORMATION
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 or NETONIX RETURN AND WARRANTY INFORMATION
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.
MIKROTIK RETURN AND WARRANTY INFORMATION
For ALL MikroTik products you must open a ticket with the manufacturer via firstname.lastname@example.org 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.
RMA (Returned Merchandise Authorization) POLICY
For all products requesting a Returned Merchandise Authorization you must follow our policy within these TERMS AND CONDITIONS. Complete, sign and return the RMA (Returned Merchandise Authorization) Request form located on our website. Follow the link: RMA FORM or contact us we would be happy to assist you.
Upon completion and return of the Customer’s RMA (Returned Merchandise Authorization) Request Form you will receive a 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 7 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.
CROSS-SHIPMENT / ADVANCED REPLACEMENT
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.
We may terminate or suspend access to any or all of 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.
LIMITATION OF LIABILITY
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.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
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 "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.
The drawings, text, logos, descriptions, data, documents, content and organization, digital or printed owned by Link Technologies, Inc. and of the described content there within are proprietary to Link Technologies, Inc. and protected by law of intellectual property, including but not limited to United States Trademark law. Whether Link Technologies, Inc. owns copyrights in these works or not, their content and the selection, arrangement, coordination, permissions and 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.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our sites, policies, and these Terms of Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
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.