Welcome to the LinkSquares website. Please review these Terms of Service (“Terms”), which govern your use of the website and services provided by it.
The website www.linksquares.com provides a system for tracking, signing and storing of agreements relating, contract negotiations. The Terms has been written to describe the conditions under which this Service is being made available to you. The Terms discuss important limitations about the way you may use and rely upon materials you find on the Service. Read the Terms carefully. By using this Service, you will be deemed to have accepted it. If you do not accept the Terms, you may not use this Service.
In this document, “we” or “us” means LinkSquare, Inc. and its owners, directors, officers, employees, partners, agents, representatives, affiliates, contractors, service providers, and/or designees; “both of us” means both you and us; “Terms of Service” or “Terms” means these Terms of Service and documents incorporated by reference; “Our Materials” means information, data, text, software, music, sound, photographs, graphics, video, messages or other materials that we may make available through the Service; “Service” means the service we provide you at the Site; “Site” means www.linksquares.com and any other website designated by us as being subject to the Terms; “you” means the person or company using the Services; and “Content” means information, data, text, software, music, sound, photographs, graphics, video, messages or other materials made available through the Service by you or other users of the Service.
We provide you with a variety of items through the Service. The Service may include certain communications from us, such as service announcements, and administrative messages, and that these communications are considered part of the use of the Service and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the Terms. The Service is provided “AS-IS” and we assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as internet service provider or airtime charges), and you are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Initial Service Period. You acquire rights to use the Service subject to these Terms by submission of Service Order(s), and payment of amounts due under those Service Orders, specifying the type, quantity and term (“Service Period”) of such Services, as a result of which you are entitled to the rights set forth in these Terms. “Service Order” means the document executed under or referring to these Terms specifying the kind and quantity of usage rights and the related Service Period, which may be a web-submitted form. No Service Order is valid or creates any rights under these Terms until accepted by us. We reserve the right to reject any Service Order for any reason or no reason.
Renewal Periods. The initial Service Period of any Service shall be extended for additional periods (each, a “Renewal Period”) unless terminated in writing by either of us not later than (a) sixty (60) days prior to the expiration of the then current Service Period if the Service Period is annual or greater or (b) seven (7) days prior to the expiration of the then current Service Period if the Service Period is less than annual (for example, monthly). Unless otherwise specified in the relevant Service Order, each Renewal Periods shall be of the same length as the original Service Period (but not more than 12 months each).
Except as set forth in “Other agreements”, below, we authorize you to use the Service only for your own personal, non-commercial purposes. Use of the Service for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. If you make copies of any of Our Materials, you must retain on any such copies all copyright and other proprietary notices contained in Our Materials as provided by us. You may not modify, publicly display, publicly perform, or distribute Our Materials. As between you and us, we own the Service, Site and Our Materials. The Service, Site and Our Materials are protected under United States and international copyright laws. Any unauthorized use of the Service, Site or Our Materials may violate copyright, trademark, and other laws.
We may provide software products or services under the terms of a separate agreement between you and us (each, an “Other Agreement”). Our obligations with respect to any product, service, or access that we make available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and the Terms shall not be deemed or construed to alter the terms of such Other Agreements.
Certain portions of the Service may require registration and provision by you of certain information regarding yourself to us. If you register, you represent that you are at least 18 years old and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You must: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You may receive or create a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account designation, and are fully responsible for all activities that occur under your password or account. You must (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You agree to pay all charges, recurring fees, applicable taxes and other charges (collectively herein “Charges”) incurred by you at the rates in effect for the billing period in which those charges are incurred. Charges may include among other things, fees for access based on usage of the Service. We may change rates or institute new charges at any time upon 30 days prior notice; relevant information will be posted at www.linksquares.com/prices or otherwise provided to you by us.
For most billing plans we will charge your designated credit card monthly, but some charges are billed on a different schedule. You are responsible for all charges incurred, including applicable taxes and purchases made by you or anyone who is using an authorized user account that you have caused to be created or for which you have otherwise indicated your agreement to be responsible for payment. This means that, unless your account or credit card information is obtained unlawfully or fraudulently, you will be responsible for all usage and purchases made on your card.
A service charge, up to the maximum allowed by the state you reside in, will be assessed to your account for each check that is returned to us for insufficient funds. Initial payment for usage are normally prepaid. Payments for additional usage is due prior to commencement of such usage. If your account is delinquent, your account (and accordingly use of the Service) may be suspended or canceled at our sole discretion. If your account is suspended, regular charges continue to accrue until you cancel your account. We may, at our sole discretion, charge a fee to reinstate a suspended account. Interest charges of 1% per month (or the highest rate permitted by law if lower than 1% per month) will accrue daily on any unpaid balance which is more than 30 days old. You agree to pay all sales and use taxes, duties, or levies which are required by law as well as all attorney and collection fees arising from efforts to collect any unpaid balance on your account.
You should let us know about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies. Additionally, if any charges are being collected by us on behalf of a supplier, then such supplier shall be an express third party beneficiary of this Section.
All currency references are in U.S. dollars. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. You, and not us, are responsible for any such taxes, levies, or duties related to your transactions, excluding only our United States federal or state income taxes.
You understand that all Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not us, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. We do not control the Content posted via the Service and, as such, do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
Any use of the Service is subject to our code of conduct found at www.linksquares.com/conduct. We may or may not pre-screen Content, but that we and our designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by us or submitted to us.
We may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect our (or our users or the public's) rights, property, or personal safety.
The technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
The Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by us and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
We do not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on areas of the Service accessible to other members, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the members to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or we remove such Content from the Service.
You may voluntarily provide (in connection with use of the Service, use of our products or otherwise) suggestions, comments or other feedback to us with respect to items or information provided by us on the Service or otherwise. We are not required to hold such feedback in confidence, and such feedback may be used by us for any purpose without obligation of any kind; provided, that we will not disclose the source of specific feedback without your consent; and nothing in the Terms restricts the use by you of such feedback or ideas that you provide to us.
You hereby indemnify and hold us and our subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, consultant and agents harmless from any claim or demand (including reimbursing us any reasonable attorneys' fees incurred by us in the defense of any such claim or demand), made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another. We retain the right to retain counsel of our choosing in our sole discretion. Furthermore, you must cooperate in good faith to assist us in our defense and any settlement negotiations related thereto, and to reimburse us for reasonable settlement amounts, if any.
You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that message board postings or other uploaded Content will be retained by the Service, the maximum number and size of postings that may be made through an account on the Service, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. We have no responsibility or liability for the deletion or failure to store any posting and other communications or other Content maintained or transmitted by the Service. We may modify these general practices and limits from time to time.
We may at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
We may, under certain circumstances and without prior notice, immediately terminate your account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, all terminations for cause shall be made in our sole discretion and we shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
The Service may provide, or third parties may provide, links to other web sites or resources. Because we have no control over such sites and resources, we are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, products, or other materials on or available from such sites or resources. We are not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content or services available on or through any such site or resource.
The Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
You may not access the Service by any means other than through the interface that is provided by us for use in accessing the Service.
In general, the Service is provided in a manner which does not result in your downloading or using any of our Software. In the event that we do, however, provide you with Software (such as a plug-in or similar item), we grant you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer in connection with your access to the Service; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You may not modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You may not rent, lease, loan, sell, distribute or create derivative works based on the Software, in whole or in part.
You may not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your account name), use of the Service, or access to the Service.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
All payments are non-refundable, and that no refunds will be due to you for any reason, even if, without limitation, you are not satisfied with the Service, you are not able to access the Service, the Service changes, or we freeze, change, or terminate your membership.
WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF MAY NOT APPLY TO YOU.
We may provide you with notices, including those regarding changes to the Terms, by either email, regular mail, or postings on the Service.
Any notice you desire to send to us must be sent exclusively by submitting an electronic message through the Contact section at www.linksquares.com (and selecting the appropriate category for your message), unless explicitly instructed to do otherwise in the Terms.
“LinkSquares” and the associated logo are our trademarks and service marks (the “Marks”). Without our prior permission, you may not display or use in any manner, the Marks.
Entire Agreement. The Terms constitutes the entire agreement between both of us and governs your use of the Service, superseding any prior agreements between both of us with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third-party content, or third-party software.
Choice of Law and Forum. The Terms and the relationship between both of us shall be exclusively governed by the laws of the United States and the Commonwealth of Massachusetts without regard to its conflict of law provisions. Your exclusive forum for bringing any claim or cause of action against us is the courts located in the City of Boston, Massachusetts U.S.A. You hereby accept and submit to the personal and exclusive jurisdiction of such courts in any proceeding or action. With respect to any such proceeding or action brought in such courts, you hereby irrevocably waive, to the fullest extent permitted by law: (a) any objection you may have now or in the future to such jurisdiction or venue, and (b) any claim that such action or proceeding has been brought in an inconvenient form. Nothing limits our right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or any other form of relief. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within ninety (90) days (or, if different, the minimum amount of time permitted by law) after such claim or cause of action arose or be forever barred.
Arbitration. Notwithstanding anything herein, if we elect in our sole discretion to resolve any claim through arbitration, you must cooperate fully with and be bound by such arbitration, without further recourse of any kind. The American Arbitration Association (“AAA”) shall preside over such arbitration. Such arbitration shall be exclusively governed by the laws of the United States and the Commonwealth of Massachusetts without regard to its conflict of law provisions. All proceedings shall take place in the City of Boston metropolitan area. If there is a conflict between the rules of the AAA and any provision of the Terms, the Terms shall govern. You are responsible for all costs that you incur in the arbitration, including without limitation, expert witnesses or attorneys. The reasonable filing fees and arbitrator’s costs and expenses shall be advanced by us. However, if the arbitration is decided in our favor, you must reimburse us for all of our fees, costs, and expenses related to the arbitration, including without limitation, all fees, costs, and expenses related to filing, arbitrators, expert witnesses, attorneys, and other third parties.
Waiver and Severability of Terms. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
No Third Party Beneficiaries. Except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.
Restrictions on Assignment. These Terms and all of the rights, interest or obligations hereunder may be not assigned, directly or indirectly, including, without limitation, by operation of law, by either of us, without the prior written consent of the non-assigning party, not to be unreasonably withheld, delayed or conditioned; provided, however, either party may assign the Terms without any such requirement of consent, in whole or in part to any affiliate, subsidiary or successor in interest in the event of a merger, consolidation, acquisition, reorganization, change in control or otherwise, provided that: (i) the assigning and acquiring entity notify the non-assigning party at the time of such assignment and the acquiring entity agrees in writing to be bound by the Terms, and (ii) the acquiring entity is no a competitor of the non-acquiring entity.
Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Use of Company name and Logo. You agree to have your company name and logo used in marketing materials.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Agreement to Terms. In order to use the Service, you must first agree to the Terms. You may not use the Service if you do not accept the Terms. You can accept the Terms by executing a Service Order referring to the Terms; by clicking to accept or agree to the Terms, where this option is made available to you by us in the user interface for any service; or by actually using the Service. You agree that we will treat your use of the Service as acceptance of the Terms from that point onwards.
Eligibility to Use the Service. You may not use the Service and may not accept the Terms if (a) you are not of legal age (either under the laws of the Commonwealth of Massachusetts or the laws of the jurisdiction of which you are a resident or from which you use the Service) to form a binding contract with us, or (b) you are a person barred from using the Service under the laws of the United States or other countries including the country in which you are resident or from which you use the Service.
Use by Minors. Any individual under the age of 18 years (“Minor”) must have a parent or guardian accept the Terms in order for such Minor to use the Service. A parent or guardian who accepts the Terms on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the Terms, including any payment obligation. A parent or guardian who accepts the Terms on behalf of a Minor will continue to be primarily liable for the obligations mentioned in the Terms even when the Minor has attained the age of 18, unless the parent or guardian obtains our express written consent to the contrary.
Acceptance of Terms by an Organization. If you are entering into the Terms on behalf of a company or other organization, you must have the authority to bind your company or organization to the Terms and commit funds on its behalf. Titles that typically carry that authority include, without limitation: Chairman, Principal, President, Officer, Vice President, Director, Controller, Finance Manager or Purchasing Manager. We may reject the Terms if we determine, in our sole discretion, that you do not have the appropriate authority. In any case, if you are entering into the Terms on behalf of a company or other organization, you represent that you have the authority to bind it to the Terms and commit funds on its behalf, and the terms “you” and “your” will refer to that company or organization.
Representation of Eligibility. In any of the above cases, case, you represent that you satisfy all of the above eligibility conditions. If you do not satisfy the above conditions, or if you do not agree with the Terms, you may not use the Service or any portion thereof; in that case we may also terminate the Terms and your use of the Service immediately without liability to you.
Acceptance by Electronic Submissions. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by the Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, you hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed through the Service. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
We may desire to make changes to the Terms from time to time to update it, for example to add references to different products and services, including increasing the price of the Service, and such changes may be made accordance with any one of the following procedure:
(a) By Agreement. A modification, amendment, or waiver of any provision of the Terms shall be effective if in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted.
(b) New Service Period. We may specify amended or updated terms that apply to renewal terms, in which case we will make a new copy of the Terms available to you at least thirty (30) days prior to the renewal date, and such amended or updated terms will be applicable without your express written consent (with the understanding that you can prevent such terms from being applicable to you by cancelling the renewal within 30 days of receipt such a change notice).