LinkAider Terms of Service
The following are the terms and conditions for use of the LinkAider service described herein (the “Service”) between Ivinco, Ltd. (”Company”) and you (either an individual or a legal entity that you represent as an authorized employee or agent) (”You”). Please read them carefully.
BY CLICKING ON THE “I AGREE” BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ( the terms “you” or “yours” includes the person or entity that is registered with the Service as well as any third parties accessing the Service on your behalf ) ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE (”Agreement”).
The Web pages available at http://linkaider.com & http://app.linkaider.com, and all linked pages unless indicated otherwise (”Site”), are owned and operated by the Company. The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
ACCOUNT
To register for the Service and create an account, you must complete the registration process by providing Company with complete and accurate information as prompted by the registration form, including e-mail address and password. You shall protect your password and take full responsibility for your own and third party activities that occur under your account. You agree to notify Company immediately of any unauthorized use of your account or any other breach of security.
Payment Terms
Some of the Services require payment of fees. You shall pay all applicable fees, as described on the Site in connection with such services selected by you.
Company reserves the right to change its price list and to institute new charges at any time, upon prior notice to you, which may be sent by email or posted on the Site.
Account Cancellation
You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by using your Account Information page.
Any fees paid before you cancel the Service are non-refundable and non-cancelable. Upon cancellation of your account, your right to use the Service will immediately cease.
INFORMATION RIGHTS
You have the exclusive right to use all data derived by your use of the Service, including reports, for any purpose related to your business and you shall retain ownership of all confidential information and statistics generated in your account by your use of the Service.
REPRESENTATIONS AND WARRANTIES; DISCLAIMERS
The information, reports and services included in or available through the Service may include inaccuracies or typographical errors. Company may make improvements and/or changes in the Service at any time, without obligation to notify any person or entity of such changes.
Company does not represent or warrant that (i) the Service will be error-free or accessible at all times, (ii) defects will be corrected, (iii) the Service or the server that makes it available, are free of viruses or other harmful component, or (iv) the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that Company shall not be responsible for unauthorized access to or alteration of your data.
THE SERVICE, THE SERVICE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY COMPANY EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, THE DOCUMENTATION AND REPORTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
Technical support is only provided to paying account holders and is only available via email.
You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Company) of other our customers, we reserve the right to immediately disable your account until you can reduce your bandwidth consumption.
SERVICE LEVELS
Company does not guarantee, and shall have no liability for, any Service down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of your equipment, systems or local access services, (iii) for previously scheduled maintenance, or (iv) relating to events beyond Company’s control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Company or your servers are located or co-located.
LIMITATIONS OF LIABILITY
COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF SERVICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.
COMPANY’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE FEES PAID TO COMPANY FOR USE OF THE SERVICE.
TERM AND TERMINATION
Either party may terminate this agreement at any time and for any reason. In addition, this agreement will terminate immediately, without notice, if you fail to comply with the terms of this Agreement.
Upon any termination of this agreement, (i) Company will cease providing the Service; (ii) you will not be entitled to any refunds of any usage fees or any other fees; and (iii) all of your historical report data will no longer be available to you.
MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES
Company here serves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time, by posting the new agreement to the Site. You are responsible for regularly reviewing the policy. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of Company, (ii) you accept updated terms online, or (iii) you continue to use the Service after Company has posted updates to the Agreement or to any policy governing the Service.
COMPLIANCE
You will not use the Service in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, or any other right of any person or entity.
