Last updated: Feb. 6, 2019
Smart Tracking Technologies, LLC d/b/a LinkMyPet (referred to as “Link,” “Company,” “us”, “we” or “our”) designed the Link™ smart tracker product, including the hardware product and its accessories (“Accessories”) (together, “Smart Tracker”) to help you meet the demands of your dog’s and your life and make taking care of your dog as easy as possible. These terms and conditions, together with all agreements expressly incorporated by reference (collectively, these “Terms”), govern
- your access to and use of www.linkmypet.com or any www.linkmypet.com sub-domains (the “Site”) and the Link mobile application (“Link App”) (together, the “Digital Services”), including all content, functionality, and services offered on or through the Digital Services;
- your access to and use of our social media sites and platforms, including, but not limited to, Twitter, Facebook, and Instagram (our “Social Media Channels”) and/or participation in our social media promotions;
- the subscription services provided under your Link service plan (“Link Service Plan”);
- your use of our Smart Tracker (collectively, (i) through (iv) are the (“Link Services”); your access to and use of the software of any kind (“Product Firmware”) embedded in your Smart Tracker under our EULA; and
- all purchases through our Site or other transactions for the sale of goods or services formed through the Site or resulting from visits made by you, under our Sales Terms.
The terms “you,” “your” or “end user” as used in these Terms means any person or entity who accesses or uses the Link Services or Product Firmware or places orders through the Site and any person who creates a Link account and accepts these Terms, including Link customers and other owners of Smart Trackers. “Link Parties” collectively means Link and its affiliates, and its and their respective officers, members, directors, employees, service providers, agents, licensors, suppliers, successors and assigns. THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE ALL DISPUTES ARISING UNDER THEM, RATHER THAN JURY TRIALS OR CLASS ACTIONS. CERTAIN LIMITATIONS ON THE DIGITAL SERVICES AND PRODUCT FIRMWARE BELOW DESCRIBE SIGNIFICANT CONSTRAINTS OF THE DIGITAL SERVICES AND PRODUCT FIRMWARE, IN PARTICULAR IN REGARDS TO PERSONAL SAFETY AND URGENT USES.
These Terms give you specific legal rights, and you may also have additional legal rights, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law.
The Link Services and use of Product Firmware are intended solely for users who are 18 years of age or older. By accessing or using the Link Services or Product Firmware, you represent and warrant that (i) you are 18 or older and otherwise have capacity to contract and (ii) if you are accessing or using the Link Services on behalf of an entity, you have the authority to bind that entity to these Terms. Use of the Link Services is void where prohibited. Link does not offer Smart Trackers for sale or use outside of the United States and the Link Services are intended for a United States audience and controlled and offered by Link from the United States. Link makes no representations that the Link Services are appropriate or available for use in other locations. Those who access or use the Link Services from other jurisdictions are responsible for compliance with local law.
The Digital Services and Social Media Channels are not intended for children under 13 years of age. We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you believe that we might have any personal information from or about a child under 13, please contact us at email@example.com
When you use the Link App, you may be required to agree to additional terms and conditions. For example, we may require you to tick a box to indicate your acceptance of these additional terms and conditions. If you agree to such additional terms and conditions, they will be made a part of these Terms by this reference.
These Terms incorporate (a) the Apple, Inc. (“Apple”) Terms and Conditions (located at www.apple.com/legal/internet-services/itunes/us/terms.html) including, without limitation, the Licensed Application End User License Agreement (“Apple Terms”), and (b) the Google Inc. (“Google”) Google Play Terms of Service (located at https://play.google.com/about/play-terms.html) including, without limitation, the Google Play Business and Program Policies (located at http://play.google.com/about/android-developer-policies.html (“Google Play Terms”).
From time to time, we may offer customers who are active subscribers of a Link Service Plan the use of services provided by third party service providers (“Service Providers”), such as the Pet Poison Helpline™, as a subscriber benefit. Our Service Providers are independent contractors. You understand that each such service is not controlled by Link but rather by the Service Provider over which Link has no control or power. Link shall not be liable for the acts or omissions of such Service Providers and does not provide any representation, warranty or guarantee as to their services.
The following End User License Terms (“EULA”) additionally apply to govern your access and use of the Product Firmware embedded in your Smart Tracker, along with the terms and conditions of the Terms applicable to your access and use of the Product Firmware or that are otherwise generally applicable, including, without limitation, the Eligibility; No Use of Minors; Privacy; Children Under the Age of 13; Certain Limitations on the Digital Services and Product Firmware; Termination; Disclaimer of Warranties; Limitation of Liability; and Miscellaneous sections of these Terms. Please read all of these terms and conditions carefully. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS EULA OR YOUR ACCEPTANCE OF THE TERMS, NO LICENSE IS GRANTED (WHETHER EXPRESSLY, BY IMPLICATION OR OTHERWISE) UNDER THIS EULA CONCERNING ANY SOFTWARE THAT YOU DID NOT ACQUIRE LAWFULLY OR THAT IS NOT A LEGITIMATE, AUTHORIZED COPY OF LINK'S SOFTWARE. AS DESCRIBED BELOW, YOU HEREBY CONSENT TO AUTOMATIC SOFTWARE UPDATES OF THE PRODUCT FIRMWARE. IF YOU DO NOT AGREE TO SUCH UPDATES, YOU SHOULD NOT USE THE PRODUCT FIRMWARE. THE “CERTAIN LIMITATIONS ON THE DIGITAL SERVICES AND PRODUCT FIRMWARE” SECTION OF THE TERMS DESCRIBES IMPORTANT LIMITATIONS OF THE PRODUCT FIRMWARE AND RELATED SERVICES, PARTICULARLY IN CONNECTION WITH LIFE SAFETY AND CRITICAL USES. PLEASE READ THESE DISCLOSURES CAREFULLY, AS BY AGREEING TO THE TERMS YOU ARE ACKNOWLEDGING AND ACCEPTING THEM.
Subject to the terms and conditions of this EULA, Link grants to you a limited, non-exclusive, revocable, non-transferable, non-sublicenseable, right to access and use one (1) copy of the Product Firmware, in executable form, solely as embedded in the Smart Tracker you own or control, and solely in connection with the Smart Tracker, for your internal, non-commercial use.
You shall not, directly or indirectly:
- modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Product Firmware or any part thereof or otherwise use (including making any copies of) the Product Firmware beyond the scope of the license granted under Section 1 of this EULA (License);
- provide any other person, including any subcontractor, independent contractor, affiliate or service provider of yours, with access to or use of the Product Firmware;
- combine the Product Firmware or any part thereof with, or incorporate the Product Firmware or any part thereof in, any other programs;
- remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices provided on or with the Product Firmware, including any copy thereof;
- copy the Product Firmware, in whole or in part;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Product Firmware, or any features or functionality of the Product Firmware, to any third party for any reason, whether or not over a network or on a hosted basis, including in connection with the internet or any web hosting, wide area network (WAN), virtual private network (VPN), virtualization, time-sharing, service bureau, software as a service, cloud or other technology or service;
- use the Product Firmware in, or in association with, the design, construction, maintenance or operation of any hazardous environments or systems, including (a) power generation systems; (b) aircraft navigation or communications systems, air traffic control systems, or any other transport management systems; (c) safety-critical applications, including medical or life support systems, vehicle operation applications, or any police, fire, or other safety response systems; and (d) military or aerospace applications, weapons systems, or environments;
- use the Product Firmware in violation of any law, regulation, or rule; or
- use the Product Firmware for purposes of competitive analysis on the Product Firmware, the development of a competing software product or service, or any other purpose that is to Link's commercial disadvantage.
You acknowledge that the Product Firmware contains trade secrets of Link, and, in order to protect such trade secrets, you agree not to disassemble, decompile, decode or reverse engineer, or otherwise attempt to derive or gain access to the source code of the Product Firmware or any part thereof nor permit any third party to do so. You are responsible and liable for all uses of the Product Firmware through access thereto provided by you, either directly or indirectly. Specifically, and without limiting the generality of the foregoing, you are responsible and liable for all actions and failures to take required actions with respect to the Product Firmware by any person to whom you may provide access to or use of the Product Firmware, whether such access or use is permitted by or in violation of this EULA. The Product Firmware may contain technological copy protection or other security features designed to prevent unauthorized use of the Product Firmware, including features to protect against any use of the Product Firmware that is prohibited under this Section. You shall not, and shall not attempt to remove, disable, circumvent, or otherwise create or implement any workaround to, any such copy protection or security features.
Maintenance and Support
Link may provide maintenance and support services, which will include provision of such updates, upgrades, bug fixes, patches, and other error corrections (collectively, “Updates”) as Link makes generally available free of charge to all licensees of the Product Firmware then entitled to maintenance and support services. Link may develop and provide Updates in its sole discretion, and you agree that Link has no obligation to develop any Updates at all or for particular issues. All Updates will be deemed Product Firmware, all subject to the terms and conditions of this EULA. You acknowledge and agree that Link may provide some or all Updates via download from a website designated by Link and that your receipt thereof will require an internet connection, which connection is your sole responsibility. Link has no obligations to provide Updates via any other media. Maintenance and support services do not include any new version or new release of the Product Firmware that Link may issue as a separate or new product, and Link may determine whether any issuance qualifies as a new version, new release, or Update in its sole discretion.
Link and its licensors are and will remain the sole and exclusive owners of all copyrights, trade secrets, and all other intellectual property rights and proprietary rights in and to the Product Firmware and any related specifications, instructions, documentation or other materials. You do not and will not have or acquire any ownership of these intellectual property rights or other proprietary rights in or to the Product Firmware. Link and its licensors reserve all rights in and to the Product Firmware not expressly granted to you in this EULA. The Product Firmware (and all copies thereof) is licensed to you, and not sold, under this EULA. There are no implied licenses under this EULA.
For purposes of this EULA, “Confidential Information” shall mean the Product Firmware and any and all other information disclosed to you that Link deems to be confidential at the time of its disclosure either in writing or orally, except for information which you can demonstrate:
- is or becomes generally known to the public through no fault of yours;
- is previously known to you or disclosed to you by a third party without restriction on disclosure; or
- was independently developed by you without access to the Confidential Information.
You shall protect and maintain the confidentiality of the Confidential Information at all times. You shall not disclose, disseminate or otherwise publish or communicate Confidential Information to any person or other third party without the prior written consent of Link. You shall not use any Confidential Information other than in the course of exercising your license as permitted hereunder. You shall notify Link in writing immediately upon discovery of any unauthorized access, use, or disclosure of Confidential Information or any other breach of this EULA, and will reasonably cooperate with Link to regain possession of Confidential Information and prevent any further unauthorized use. If you are legally required to disclose any of the Confidential Information, then, prior to such disclosure, you will
- immediately notify Link prior to such disclosure to allow Link an opportunity to contest the disclosure;
- assert the privileged and confidential nature of the Confidential Information; and
- cooperate fully with Link in protecting any such disclosure and/or obtaining a protective order.
In the event such protection is not obtained, you shall disclose the Confidential Information only to the extent necessary to comply with the applicable legal requirements. You acknowledge that the Product Firmware contains valuable Confidential Information of Link, including, without limitation, trade secrets and other proprietary information, and that any breach of this Section 5 (Confidentiality) of this EULA would constitute immediate, irreparable harm to Link for which monetary damages would be an inadequate remedy. In addition to all other remedies, Link shall be entitled to obtain specific performance and injunctive relief as a remedy for and to protect against any such breach of the EULA. If Link should seek an injunction hereunder, you hereby waive any requirement that Link submit proof of the economic value of any Confidential Information or post a bond or any other form of security.
Effect of Termination
In the case of termination of the Terms, the license granted hereunder will terminate and you must stop all use of the Product Firmware, but the terms in Section 2 (Restrictions) through Section 7 (U.S. Government Rights) of the EULA as well as the Limitation of Liability and Miscellaneous sections of the Terms applicable to the Product Firmware shall remain in effect after any such termination.
U.S. Government Rights
The Product Firmware is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if the end user is the U.S. Government or any contractor thereof, end user shall receive only those rights with respect to the Product Firmware as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other U.S. Government licensees and their contractors.
Link is a company dedicated to strengthening the bond between dog and owner. We’re thrilled to welcome you to our Link ecosystem, which includes our Smart Trackers and the Digital Services. As part of the Link Services, we provide active Link Service Plan subscribers with access to and use of our Link App and its content, functionality and services, including features such as activity monitoring, location (GPS) tracking, ambient temperature alerts, digital scrapbook creation and social sharing, and other features.
Subject to these Terms, Link hereby grants to you a limited, non-exclusive, revocable, non-transferable, non-sublicenseable right to access and use the Digital Services and our Social Media Channels. In the case of the Link App, this right is limited to accessing the Link App solely to install the Link App only for your use on your own mobile device(s) (e.g., iPhone, iPad, or Android smartphone) in connection with, and solely for the purpose of, your own personal, non-commercial use of the Link App. Link does not offer any specific uptime guarantee for the Digital Services.
You are responsible for making all arrangements necessary to have access to the Digital Services, including, as applicable, your use of a computer with adequate software or a supported mobile device with internet connectivity, and ensuring that all persons who access the Digital Services through your computer or mobile device are aware of these Terms and comply with them. We shall not have any responsibility or liability for any telephone, mobile data or other costs you may incur.
To access the Digital Services or some of the resources they offer or to activate your Smart Tracker and set up a Link account, you may be asked to provide certain registration details or other information. You represent and warrant that:
- all required registration information you submit is correct, current, and complete;
- you will maintain the accuracy of such information;
- your use of the Digital Services does not violate any applicable law or regulation; and
- your facility(ies) or your residence(s) where the Smart Trackers are located for use and from where you are accessing and using the Digital Services are in the United States.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Digital Services or portions of them using your user name, password, or other security information. You agree not to use the account, user name, password, or other security information of another user at any time. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You are responsible for all activity that occurs in association with your account and for the confidentiality and security of your personal information and Content (as defined in the Interactive Features; Content section of these Terms), sent from or stored on your mobile device by the Digital Services. Link is not liable for any losses or damages caused by your failure to maintain the confidentiality or security of your account credentials or such personal information or Content.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Our goal is to provide useful content to you to help you develop an even closer bond with your best friend, such as the information we provide in our online newsletter, The Wanderer, activity recommendations and social media posts. However, Link is not responsible if information made available on or through the Link Services by Link or any user or other person or entity, or by our Service Providers, is not accurate, reliable, effective, complete, or current. We make no endorsement, representation, warranty, or guarantee of any kind about any such Link or third-party content, information, services, communications, or recommendations (“Link Content”). Such Link Content is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. We do not represent, warrant, or guarantee that any Service Provider, user, or other person or entity contributing to the Link Services has achieved any particular level of expertise or knowledge or has any specific qualifications or credentials, including, without limitation, as to the subject matter to which their contributions relate. We do not independently verify or attempt to confirm any information they provide, nor their qualifications or credentials. Maps, directions, and other GPS or navigation data, including data relating to your pet’s current location, ambient temperature data, and other data may be unavailable, inaccurate, or incomplete.
We reserve the right to modify the contents of the Digital Services and our Social Media Channels at any time, but we have no obligation to update any information on the Digital Services or our Social Media Channels. You agree that it is your responsibility to monitor changes to the Digital Services and our Social Media Channels.
Please read and comply with all safety notices that accompany your Link Smart Tracker, including those located on our Help page, if any. You acknowledge and agree that you are solely responsible for the health and safety of your pet, for employing good judgment and common sense, and for complying with applicable law in using the Link Services.
As part of the Link Services, you may receive notifications, text messages, alerts, or e-mails related to your use of the Link Services (“Notifications”). You agree to the receipt of these Notifications and may not opt-out of receiving them. You can manage and opt-out from receiving non-service related communications such as marketing e-mails and keep your e-mail address up-to-date from your account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
You acknowledge that the Digital Services, including remote access and mobile notifications and alerts, as well as the Product Firmware, are not intended to be 100% reliable and 100% available. We cannot and do not guarantee that you will receive mobile notifications or alerts in any given time or at all. The Digital Services and Product Firmware are subject to interruptions from time to time and failures for a variety of reasons beyond Link's control, such as wireless service limitations and failures. The Link App is designed to be utilized for non-urgent information and to bring you closer to your pet. Link makes no representation or warranty that use of the Link App or Smart Tracker will affect or increase any level of safety. YOU UNDERSTAND THAT EITHER WHEN USED ALONE OR WHEN COMMUNICATING WITH A SMART TRACKER, THE LINK APP IS NOT A SUBSTITUTE FOR A PET MICROCHIP, THERMOMETER OR THERMOSTAT TO CHECK OR CONTROL AMBIENT TEMPERATURE. YOU UNDERSTAND THAT THE LINK APP, PRODUCT FIRMWARE AND SMART TRACKER ARE NOT AN EMERGENCY NOTIFICATION SYSTEM, AND LINK WILL NOT SEND EMERGENCY SERVICES OR PERSONNEL TO YOU IN THE EVENT OF AN URGENT SITUATION. YOU AGREE THAT YOU WILL NOT RELY ON THE LINK APP, PRODUCT FIRMWARE OR SMART TRACKER FOR ANY INDIVIDUAL’S PERSONAL SAFETY OR YOUR PET’S SAFETY OR FOR AN EMERGENCY OR ANY OTHER URGENT PURPOSES. MOBILE NOTIFICATIONS AND ALERTS FROM YOUR LINK APP ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. All life threatening and emergency events should be directed to the appropriate response services. You acknowledge these limitations and agree that Link is not responsible for any damages allegedly caused by the failure or delay of the Link App or Product Firmware (including to any person or property). You acknowledge that it is your responsibility to educate yourself on how to respond to an emergency and to respond according to the specifics of your situation.
The Digital Services, our Social Media Channels and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Link, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You acknowledge and agree that Link and its licensors own all right, title and interest, including all intellectual property rights and other proprietary rights, in and to the Digital Services and our Social Media Channels, and no rights in the foregoing are transferred to you hereunder. Text, images, graphics, sound, animations, videos and other content, as well as the arrangement of the same on the Digital Services or our Social Media Channels, are protected by copyright and other intellectual property rights and proprietary rights of Link and its third-party licensors. The content of our Digital Services and Social Media Channels may not be copied, disseminated, altered or made accessible to third parties for commercial purposes.
All Link trademarks, service marks, typefaces, company designs, logos and emblems on our Digital Services, Social Media Channels, Smart Trackers, packaging and other Link materials are protected by trademark law. The marks and design elements used on the Digital Services, our Social Media Channels, Smart Trackers, packaging and other Link materials are intellectual property of Link or its licensors. You will not copy, use, infringe upon, misappropriate or otherwise violate these marks and design elements. Our Digital Services and Social Media Channels may also display other product, service and/or company names that may be the trademarks of their respective owners.
The rights granted to you in these Terms are subject to the restrictions in this Section. You will use the Link Services only for personal, non-commercial use. You hereby warrant, represent and agree that you will not use the Link Services or contribute any Content in the following manner:
- rent, lease, sublicense, sell, transfer, assign, redistribute, host, or otherwise commercially exploit the Link Services or any part thereof;
- modify, make derivative works of, disassemble, reverse compile, attempt to find the source code of, or reverse engineer any part of, the Digital Services, our Social Media Channels, or our Smart Trackers;
- access the Link Services in order to build a similar or competitive service;
- except as expressly stated herein, copy, reproduce, distribute, republish, download, post, display or transmit any part of the Digital Services or our Social Media Channels;
- upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter, interfere with or disrupt a computer or communication network, handheld device, mobile device, data, the Digital Services, our Social Media Channels, our wireless service carrier’s network, or any other system, device or property;
- access (or attempt to access) any of the Digital Services or our Social Media Channels by means other than through the interface that is provided by Link;
- access or use the Link Services in a way intended to avoid incurring fees;
- remove, obscure, or alter any proprietary rights notices (including copyrights and trademark notices);
- circumvent, disable, or otherwise interfere with the security or functionality of the Digital Services or our Social Media Channels or of features that prevent or restrict use or copying of any content or that enforce limitations on use of the Digital Services, Social Media Channels or their content;
- attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Digital Services, the server(s) on which the Digital Services are stored, or any server, computer, or database connected to the Digital Services;
- infringe or violate the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party;
- violate any law, statute, ordinance, or regulation;
- impersonate any person or entity, including without limitation any employee or representative of Link;
- jeopardize the security of a user’s account or anyone else’s account;
- attempt, in any manner, to obtain the password, account, or other security information from any other user; or
- run Maillist, Listserv, or any form of auto-responder or “spam” on the Digital Services or our Social Media Channels, or any processes that otherwise interfere with the proper working of the Digital Services or our Social Media Channels (including by placing an unreasonable load on the Digital Services’ infrastructure).
Link reserves the right, at any time, to modify, suspend, or discontinue the Link Services or any part thereof with or without notice to you. You agree that Link will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Link Services or any part thereof. The Digital Services or any part thereof may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances.
Link may provide interactive features on or through the Digital Services or our Social Media Channels, including, without limitation, message boards, messaging/chat features, information sharing features (including the ability to e-mail information directly to other users), content sharing features, profiles, forums, and bulletin boards (collectively, “Interactive Features”) that allow users to post, submit, publish, display or transmit to other users, Link, or other persons, or to share on social media sites, including, but not limited to, by using Link's hashtag(s) (“post”) information, data, content or materials, including, without limitation, any and all image(s), text, photograph(s), video(s), and sound recordings (“User Submissions”).
Any User Submissions you post to or through the Digital Services or our Social Media Channels will be considered non-confidential and non-proprietary. By posting User Submissions, you hereby grant the Link Parties (“Authorized Persons”) a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable license, right and permission to publish, copy, alter, modify, edit, adapt, create derivative works, distribute, publicly perform, display, exhibit, transmit, broadcast, digitize, market, advertise, sell, rent, license, exploit, use, and otherwise disclose to third parties, for any purpose, including for marketing, advertising and promotional purposes, in any and all media or marketing platforms, now known or hereafter known, including the right to sublicense (through unlimited levels of sublicenses),
- such User Submissions;
- your name and/or handle, image, likeness, voice, appearance, biographical information, the image of your pet(s) and other property;
- all copyrights and other intellectual property and proprietary rights in the foregoing; and
- all modifications to and derivative works of the foregoing (collectively, “Content”).
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ALL LEGAL AND EQUITABLE RIGHTS RELATING TO ANY AND ALL CLAIMS, DEMANDS, ACTIONS, SUITS, OR OTHER PROCEEDINGS OF ANY KIND, LIABILITIES, LOSSES, DAMAGES, COSTS AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR COPYRIGHT OR TRADEMARK INFRINGEMENT, INFRINGEMENT OF MORAL RIGHTS, DEFAMATION, INVASION OF RIGHTS OF PRIVACY, RIGHTS OF PUBLICITY, INTRUSION, FALSE LIGHT, PUBLIC DISCLOSURE OF PRIVATE FACTS, PHYSICAL OR EMOTIONAL INJURY OR DISTRESS, OR ANY SIMILAR CLAIM OR CAUSE OF ACTION IN TORT, CONTRACT, OR ANY OTHER LEGAL THEORY, NOW KNOWN OR HEREAFTER KNOWN, IN ANY JURISDICTION THROUGHOUT THE WORLD (“CONTENT CLAIMS”) ARISING FROM AUTHORIZED PERSONS’ EXERCISE OF THE LICENSE RIGHTS GRANTED HEREIN OR USE OR EXPLOITATION OF THE CONTENT OR USER DATA, AND AGREE NOT TO MAKE OR BRING ANY CONTENT CLAIM AGAINST ANY AUTHORIZED PERSON, AND FOREVER RELEASE AND DISCHARGE AUTHORIZED PERSONS FROM LIABILITY UNDER SUCH CONTENT CLAIMS.
You hereby warrant, represent and agree that
- any and all Content posted by you on Social Media Channels will be in compliance with the terms and conditions of such Social Media Channels, and you will carefully read the privacy policies of such Social Media Channels;
- you own or have obtained the necessary licenses, rights, consents, and permissions to publish the Content;
- each person depicted in the Content, if any, is over the age of 18 and has provided valid consent to the use of their name and/or handle, image, likeness, voice, and appearance;
- the Content does not contain third-party copyrighted material or material that is subject to other third-party intellectual property or proprietary rights, or, that you have permission from the rightful owner of the Content or you are otherwise legally entitled to use the Content and to grant Authorized Persons all of the rights and licenses granted herein;
- you will not inaccurately tag Content or encourage users to inaccurately tag Content; and
- the Content does not contain viruses or programs that could damage the operation of other people’s computers or are deliberately disruptive, or contain any content that is deemed by Link to be harmful, fraudulent, deceptive, misleading or unlawful, spamming or link baiting, harmful, threatening, abusive, harassing, offensive, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or discriminatory in any way, or otherwise depicts inappropriate behavior or violence.
Link does not claim ownership of or endorse Content and disclaims any and all liability with respect to the Content. You agree to indemnify, defend and hold harmless Authorized Persons from and against any and all claims, demands, actions, suits or other proceedings of any kind brought against any of them by any third party and from any and all damages, liabilities, losses, costs and expenses, including, without limitation, reasonable attorneys' fees and costs awarded against or otherwise incurred by Authorized Persons in connection with or arising from any such claim, lawsuit, action, demand or other proceeding relating to or arising out of any (a) breach or alleged breach of any of your warranties, representations, or agreements hereunder; (b) violation of these Terms; or (c) violation of any law(s), regulation(s), or third-party rights.
You acknowledge and agree that Link is under no obligation to use the Content. We reserve the right, in our sole discretion and for any reason, including for violation of these Terms, to edit, remove or refuse to use Content or other material from or on our Digital Services or Social Media Channels, without notification to you. We may take any action with respect to any Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Digital Services, our Social Media Channels or the public, or could otherwise create liability for Link. This includes
- disclosing your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their rights of publicity or privacy;
- taking appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Digital Services, our Social Media Channels or other Link Services; and/or
- banning you from our Site and Social Media Channels or terminating your license to use the Digital Services.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Digital Services or our Social Media Channels. YOU SHALL INDEMNIFY AND HOLD HARMLESS THE LINK PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, LOSSES, DAMAGES, FINES AND EXPENSES RESULTING FROM ANY ACTION TAKEN BY ANY OF THE LINK PARTIES DURING OR AS A RESULT OF THEIR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY OF THE LINK PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review all Content or other material or content posted by third parties before it is posted on the Digital Services or our Social Media Channels, and cannot ensure prompt removal of objectionable material after it has been posted. Although Link may, from time to time, monitor or review discussions, chats, postings, transmissions, and other user-generated materials, we are under no obligation to do so. Accordingly, we assume no liability for any action or inaction regarding such Content or other material or content. We are not responsible, or liable to any third party, for the Content or accuracy of any Content posted by you or any other user of the Digital Services.
If you want to request that your Content be removed from our Site or Social Media Channels, please send an e-mail message to: firstname.lastname@example.org. We do not have any obligation to honor any request to remove Content.
Additional terms and conditions may apply to promotions, contests and giveaways sponsored by Link and its partners. Please carefully review those terms and conditions. Participating or entering any contest or promotion on any Social Media Channels sponsored by us is considered a complete release of such Social Media Channels and Link from and against any and all claims, demands, actions, suits, or other proceedings of any kind, liabilities, losses, damages, costs and expenses, with respect to or arising out of or related to the entrant’s participation in the contest or promotion. You acknowledge and agree that such contest or promotion is in no way sponsored, endorsed or administered by, or associated with, the Social Media Channels.
You may choose to, or we may invite you to, submit comments, suggestions, or ideas about the Link Services, Smart Trackers, Accessories, Product Firmware, products, services, contests or promotions, including how to improve them (“Ideas”). By submitting any Ideas, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction, and will not place Link under any fiduciary or other obligation. Link may use, exploit, copy, modify, publish, or redistribute the Ideas for any purpose and in any way without any compensation to you. You also agree that Link may have similar ideas under development and does not waive any rights to use similar or related ideas previously known to Link, developed by its employees or contractors, or obtained from other sources.
Link respects the rights of all copyright holders and has adopted and implemented a policy that provides for the removal from its Digital Services and Social Media Channels of materials that infringe the rights of copyright holders. If you believe that any material on our Digital Services or Social Media Channels infringes upon any copyright that you own or control, please provide Link's Copyright Agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Link's Copyright Agent for notice of claims of copyright infringement on or regarding the Digital Services or our Social Media Channels can be reached as follows:
Smart Tracking Technologies, LLC
4887 Belfort Road, Suite 400
Jacksonville, FL 32256
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to Link's Copyright Agent:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Jacksonville, Florida, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY SET FORTH IN THE LINK LIMITED PRODUCT WARRANTY, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, EACH OF (I) THE LINK SERVICES, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LINK SERVICES AND (II) THE PRODUCT FIRMWARE, ARE PROVIDED BY LINK ON AN “AS IS,” “WHERE IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. LINK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE LINK SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LINK SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON OR USE OF THE LINK CONTENT, LINK SERVICES, OR CONTENT IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, LINK DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, SATISFACTORY QUALITY, AND QUIET ENJOYMENT. LINK DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. LINK DOES NOT WARRANT THAT THE LINK SERVICES, OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LINK SERVICES, THE PRODUCT FIRMWARE, OR LINK OR ITS HOSTING PROVIDERS’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO LINK PARTY WILL BE LIABLE FOR ANY LOSSES CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, EAVESDROPPERS, HACKERS, INTERCEPTORS, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT OR OTHERWISE DAMAGE YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, MOBILE DEVICE, OR ANY OTHER MATERIALS DUE TO YOUR USE OF THE LINK SERVICES OR YOUR ACCESSING OR DOWNLOADING OF ANY MATERIAL AVAILABLE THROUGH THE LINK SERVICES OR THE PRODUCT FIRMWARE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE LINK SERVICES (OR ANY PART OF THE FOREGOING), OR ANY INFORMATION, CONTENT, MATERIALS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LINK SERVICES, OR THE PRODUCT FIRMWARE OR ANY PART THEREOF
- WILL WORK WITH ANY ASSOCIATED EQUIPMENT, DEVICES, SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES;
- WILL DELIVER RESULTS THAT ARE INTENDED, ACCURATE OR RELIABLE;
- WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE; OR
- WILL MEET YOUR EXPECTATIONS.
YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE LINK SERVICES AND PRODUCT FIRMWARE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE LINK SERVICES OR ANY INFORMATION OR DATA MADE AVAILABLE THROUGH USE OF THE PRODUCT FIRMWARE.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON OR USE OF THE LINK SERVICES OR ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE LINK SERVICES, OR THE PRODUCT FIRMWARE OR ANY INFORMATION OR DATA MADE AVAILABLE THROUGH USE OF THE PRODUCT FIRMWARE, IS AT YOUR SOLE RISK, AND LINK HEREBY DISCLAIMS ANY AND ALL LOSSES, LIABILITIES, OR DAMAGES RESULTING FROM SUCH USE.
EVEN IF THE LINK APP IS TESTED AND THE SMART TRACKER IS OPERATING IN ACCORDANCE WITH SPECIFICATIONS, THERE CAN BE NO GUARANTEE THAT THE LINK APP WILL NOT BE COMPROMISED OR CIRCUMVENTED OR THAT THE LINK APP WILL PROVIDE ADEQUATE WARNING OR ALERT IN ANY GIVEN SITUATION, OR THAT THE LINK APP WILL PREVENT ANY PERSONAL INJURY OR PROPERTY LOSS DUE TO A LOST PET OR FOR ANY OTHER REASON. YOU UNDERSTAND THAT A PROPERLY USED LINK APP AND SMART TRACKER MAY ONLY REDUCE THE RISK OF A LOST PET OR OTHER DAMAGING EVENTS OCCURRING, BUT IT IS NOT INSURANCE OR A GUARANTEE THAT SUCH WILL NOT OCCUR OR THAT THERE WILL BE NO PERSONAL INJURY OR PROPERTY LOSS AS A RESULT. CONSEQUENTLY, NO LINK PARTY WILL HAVE ANY LIABILITY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER LOSS BASED ON A CLAIM THAT THE LINK APP FAILED TO GIVE WARNING. FOR ALL THESE REASONS, YOU ARE RESPONSIBLE FOR MAINTAINING APPROPRIATE CAUTION AND INSURING LIFE AND PROPERTY WITH THE TYPES AND AMOUNTS OF INSURANCE YOU DEEM APPROPRIATE.
IN NO EVENT SHALL THE LINK PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING UNDER OR RELATING TO THE LINK SERVICES, THE PRODUCT FIRMWARE OR YOUR USE THEREOF, OR THESE TERMS (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, PROFITS, GOODWILL, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), AND INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES RESULTING FROM ANY
- ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT;
- LOST CONTENT OR USER DATA (INCLUDING DUE TO UNAUTHORIZED DISCLOSURE, ACCESS TO, OR PROCESSING OF, PERSONAL DATA OR CONTENT);
- PERSONAL OR BODILY INJURY, DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE LINK SERVICES;
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR HOSTING PROVIDER’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
- LACK OF SECURITY, INVASION OR LACK OF PRIVACY, VIOLATION OF THE RIGHT OF PUBLICITY, OR DEFAMATION;
- ANY FAILURE, DISRUPTION, DELAY, DOWNTIME, UNAVAILABILITY, UNRELIABILITY, NON-PERFORMANCE, INTERRUPTION, OR CESSATION OF TRANSMISSION OF, TO, OR FROM THE DIGITAL SERVICES OR SOCIAL MEDIA CHANNELS OR THE SERVICE OR COVERAGE OF OUR UNDERLYING WIRELESS CARRIER’S NETWORK;
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR DIGITAL SERVICES OR SOCIAL MEDIA CHANNELS BY ANY THIRD PARTY;
- ANY INVESTMENTS, EXPENDITURES OR COMMITMENTS RELATED TO USE OF OR ACCESS TO THE LINK SERVICES; COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; COST OF REPLACEMENT OR RESTORATION OF ANY COMPROMISED CONTENT;
- LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DIGITAL SERVICES OR OUR SOCIAL MEDIA CHANNELS OR OTHERWISE PROVIDED IN CONNECTION WITH THE LINK SERVICES,
- ACT OR OMISSION OF A THIRD PARTY INCLUDING, BUT NOT LIMITED TO, INTENTIONAL OR NEGLIGENT ACTS OF THIRD PARTIES THAT DAMAGE OR IMPAIR OUR UNDERLYING WIRELESS CARRIER’S NETWORK OR DISRUPT SERVICE; OR
- DAMAGE OR INJURY CAUSED BY SUSPENSION OR TERMINATION OF SERVICE BY OUR UNDERLYING WIRELESS CARRIER, IN EACH CASE, WHETHER CHOATE OR INCHOATE, WHETHER BASED ON STATUTE, WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LINK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
WITH REGARDS TO LINK'S WARRANTY OBLIGATIONS TO YOU WITH RESPECT TO THE SMART TRACKER, ACCESSORIES AND PRODUCT FIRMWARE, THE LINK LIMITED PRODUCT WARRANTY PROVIDED WITH EACH SMART TRACKER AND ITS ACCESSORIES IS YOUR SOLE AND EXCLUSIVE REMEDY AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF SUCH LIMITED WARRANTY.
WITH REGARDS TO ALL OTHER CLAIMS, IN NO EVENT SHALL THE LIABILITY OF THE LINK PARTIES EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, THE LESSER OF (I) YOUR ACTUAL DIRECT DAMAGES OR (II) US $1000.
You agree to indemnify, defend and hold harmless the Link Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to
- your violation of these Terms,
- your use of the Link Services, including, but not limited to any use of Link's or its Service Providers’ content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Digital Services,
- Content or Ideas you provide, or
- your violation of any law or the rights of any third party.
Link reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Link and you agree to cooperate with our defense of such claims.
You agree not to settle any such claim without Link's prior written consent. Link will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
If you use an iOS or Android device, such as an iPhone or Android phone, nothing in the Apple Terms or Google Play Terms will be deemed to change or limit our agreement with you.
The following additional terms and conditions apply to your use of the subscription services provided by our underlying wireless service carrier under your Link Service Plan.
- END USER HAS NO CONTRACTUAL RELATIONSHIP WITH THE UNDERLYING WIRELESS SERVICE CARRIER AND END USER IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN LINK AND THE UNDERLYING CARRIER. END USER UNDERSTANDS AND AGREES THAT THE UNDERLYING CARRIER HAS NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO END USER. IN ANY EVENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, END USER’s EXCLUSIVE REMEDY FOR CLAIMS ARISING IN ANY WAY IN CONNECTION WITH THIS AGREEMENT, FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF SERVICE PROVIDED HEREUNDER, IS LIMITED TO PAYMENT OF DAMAGES IN AN AMOUNT NOT TO EXCEED THE AMOUNT PAID BY END USER FOR THE SERVICES DURING THE TWO-MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE.
- END USER AGREES TO INDEMNIFY AND HOLD HARMLESS THE UNDERLYING WIRELESS SERVICE CARRIER AND ITS OFFICERS, EMPLOYEES, AND AGENTS AGAINST ANY AND ALL CLAIMS, INCLUDING WITHOUT LIMITATION CLAIMS FOR LIBEL, SLANDER, OR ANY PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, ARISING IN ANY WAY, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH THIS AGREEMENT OR THE USE, FAILURE TO USE, OR INABILITY TO USE THE SMART TRACKER EXCEPT WHERE THE CLAIMS RESULT FROM THE UNDERLYING CARRIER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS INDEMNITY WILL SURVIVE THE TERMINATION OF THE AGREEMENT.
- END USER HAS NO PROPERTY RIGHT IN ANY NUMBER ASSIGNED TO THE DEVICE AND UNDERSTANDS THAT ANY SUCH NUMBER CAN BE CHANGED FROM TIME TO TIME.
- END USER UNDERSTANDS THAT LINK AND THE UNDERLYING CARRIER CANNOT GUARANTY THE SECURITY OF WIRELESS TRANSMISSIONS, AND WILL NOT BE LIABLE FOR ANY LACK OF SECURITY RELATING TO THE USE OF THE SERVICES.
- THE SERVICE IS FOR END USER’S USE ONLY AND END USER MAY NOT RESELL THE SERVICE TO ANY OTHER PARTY.
- END USER UNDERSTANDS THAT THE UNDERLYING CARRIER DOES NOT GUARANTEE ANY END USER UNINTERRUPTED SERVICE OR COVERAGE. THE UNDERLYING CARRIER DOES NOT WARRANT THAT END USERS CAN OR WILL BE LOCATED USING THE SERVICE. THE UNDERLYING CARRIER MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR PERFORMANCE REGARDING ANY SERVICES OR GOODS, AND IN NO EVENT SHALL THE UNDERLYING CARRIER BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, FOR ANY: (A) ACT OR OMISSION OF A THIRD PARTY INCLUDING, BUT NOT LIMITED TO, INTENTIONAL OR NEGLIGENT ACTS OF THIRD PARTIES THAT DAMAGE OR IMPAIR THE NETWORK OR DISRUPT SERVICE; (B) MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, FAILURES TO TRANSMIT, DELAYS, OR DEFECTS IN THE SERVICE PROVIDED BY OR THROUGH THE UNDERLYING CARRIER; (C) DAMAGE OR INJURY CAUSED BY SUSPENSION OR TERMINATION BY THE UNDERLYING CARRIER; OR (D) DAMAGE OR INJURY CAUSED BY A FAILURE OR DELAY IN CONNECTING A CALL TO ANY ENTITY, INCLUDING 911 OR ANY OTHER EMERGENCY SERVICE. TO THE FULL EXTENT ALLOWED BY LAW, THE END USER RELEASES, INDEMNIFIES AND HOLDS THE UNDERLYING CARRIER HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OF ANY PERSON OR ENTITY FOR DAMAGES OF ANY NATURE ARISING IN ANY WAY FROM OR RELATING TO, DIRECTLY OR INDIRECTLY, SERVICES PROVIDED BY THE UNDERLYING CARRIER OR ANY PERSON’S USE THEREOF, INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF THE UNDERLYING CARRIER.
The following Sales Terms (“Sales Terms”) additionally apply to the sale and license of the Smart Tracker and Accessories by Link, along with the terms and conditions of the Terms applicable to such sale and license or that are otherwise generally applicable, including, without limitation, the Termination, Disclaimer of Warranties, Limitation of Liability, and Miscellaneous sections. Our Smart Tracker requires an active Link Service Plan and is designed to be used with the Link App, the use of which is governed by the Terms. The Product Firmware contained in the Smart Tracker is licensed to you, not sold, in accordance with the EULA. Please read all of these terms carefully.
Ordering Smart Tracker and Accessories from the Site. You can browse and place orders for our Smart Trackers or Accessories through the Site. You agree that your order is an offer to buy or license, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell or license the products to you.
After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Link and you will not take place unless and until you have received your order confirmation e-mail.
You may cancel your order at any time prior to shipment by calling our Customer Service Department at 866-303-1876. Link reserves the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or any portion of your order is cancelled, or if additional information is needed to complete and accept your order.
If an order is on back order, we will send you an e-mail indicating that this is the case, followed by an order confirmation e-mail when the items in question are in stock. Link reserves the right to restrict multiple quantities of a product being shipped to any one customer or postal address.
Each Smart Tracker delivered will include the hardware product (module tracking unit) and Accessories (clip collar attachment, elastic collar attachment, micro USB charging cable and wall charger).
Shipments; Delivery; Title and Risk of Loss. We will arrange for packing and shipment of the Smart Trackers or Accessories to you. Shipping options for the Smart Tracker or Accessories will be presented to you during checkout. You will pay all shipping and handling charges specified during the ordering process.
Title and risk of loss pass to you upon our transfer of the Smart Trackers or Accessories to the carrier. Scheduled shipping and delivery dates are estimates only and cannot be guaranteed. We will make commercially reasonable efforts to ship the Smart Trackers or Accessories to you by the scheduled delivery dates, but we are not liable, under any circumstances, for any expenses, losses, damages or penalties due to any delays in shipments or deliveries.
Return Policy/30-Day Product Guarantee
We want our customers to be excited about their Smart Trackers and Accessories, and we are pleased to offer a 30-day product guarantee on Smart Trackers and Accessories purchased from us on the Site. If you are having trouble with your Smart Tracker or Accessories, please first contact Link Concierge so that we can try to help you!
However, if you are unsatisfied with your Smart Tracker or Accessories and wish to return them within 30 days after your purchased them from the Site, please contact Customer Service to request a Return Merchandise Authorization (RMA). You are responsible for the return shipping fees, and your RMA will include our shipping address so that you can send it back to us via a carrier of your choice. Used service plan time is non-refundable.
We can only refund orders made through our Site, so if you purchased any products from an authorized third-party retailer like Amazon, Chewy, etc., please contact that retailer for its return policies.
- Return request must be made to Link Customer Service within 30 days of purchase from the Site
- Returned product must include its original packaging with all original components
- Returned product must be in its original working condition, as determined by us in our sole discretion
- Damaged products, including dog-induced damage, are non-refundable
- You must include a copy of your receipt or proof of purchase
- The return must be postmarked within 14 days of RMA issuance
Once we receive your return, we will inspect it and, if it meets the above criteria, we will process a refund. Your refund will be credited back to the same payment method used to make the original order on the Site. Taxes and expedited shipping fees are non-refundable.
Damaged or missing components:
- If you return a Smart Tracker or Accessories to Link damaged, as determined by us in our sole discretion, and/or without all parts and Accessories originally included with your purchase, we retain the right to either refuse acceptance of such return or charge you a restocking fee of 15% of the original price of the Smart Tracker or the retail value of the missing parts and Accessories, whichever is higher.
Risk of loss
- You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
Exchanges If you are an active Link Service Plan holder and need to exchange a component from your Smart Tracker, please contact Customer Service. You may be responsible for replacement fees and shipping costs if the request falls outside of items covered in your warranty.
No Resale Purchases made through the Site are intended for end users only and are not authorized for resale.
Compatibility You acknowledge that you have verified the compatibility of the Smart Tracker and Accessories you are purchasing or licensing with other required equipment (e.g., ensuring that your mobile device and/or operating system is compatible with the Smart Tracker and Accessories). You are solely responsible for determining the compatibility of the Smart Tracker and Accessories with other equipment, and you accept that lack of compatibility is not a valid claim under the warranty provided with your Smart Tracker or Accessories and does not otherwise constitute a basis for receiving a refund.
Link Service Plan Required A Link Service Plan is required in order to activate and use the smart tracker features and functionality. Your activation of a smart tracker’s features and functionality using a Link Service Plan is sometimes referred to herein as “Smart Tracker Activation”. You can either prepay and register for a Link Service Plan during the checkout process on the Site(for smart tracker orders placed on the Site) or once you have received a smart tracker (for orders placed via an authorized third-party retailer) by following the in-app activation steps. A Link Service Plan starts on the day of activation.
Each Link Service Plan is for cellular service that allows the Smart Tracker and Accessories to connect to the cellular network for access to certain features of the Link platform. We may also provide you with additional “members-only” content and materials. Once you purchase a Link Service Plan and activate the smart tracker for use, your Link Service Plan is associated with that smart tracker and you may not transfer your Link Service Plan for use with any other smart tracker, including any next generation smart tracker you may purchase.
Link Service Plan Options; Automatic Renewal
Link Service Plan Options (purchased during smart tracker activation):
There are four (4) different Link Service Plans available for purchase during your Link smart tracker activation: (1) $9.99 per month; (2) a one-year plan billed at a rate of $8.25 per month for a total of $99.00 billed annually; (3) a two-year plan billed every two years at a rate of $7.75 per month (for a total of $186.00 for two years); (4) a three-year plan billed every three years at a rate of $6.88 per month (for a total of $248.00 for three years). The monthly, one-year, two-year, and three-year Link Service Plans will automatically renew at the end of the monthly, one-, two-, or three-year period (as applicable) and you will then be charged the standard fee in effect at the time based on the applicable plan unless you cancel your Link Service Plan (see Link Service Plan Cancellation). All rates here are not inclusive of sales tax. You agree to pay Link the stated fees for the Link Service Plan you selected for the duration of time and the amount you selected on the sign-up page. You authorize Link to (i) charge these fees to the credit card you designate, and (ii) automatically renew the charges for the duration of your Link Service Plan unless you cancel your Plan, which you may do at any time (see Link Service Plan Cancellation). One of our Payment Service Providers will process all payments. Please see Prices and Payment Terms for additional terms and restrictions on payments.
Link Service Plan Cancellation Options: You may cancel your Link Service Plan at any point by contacting our Link Concierge at 866-303-1876 or by logging in to the Link My Pet app with your email address and password then tapping Settings > Subscriptions > Close Account. The app will walk you through the verification process and allow you to cancel in app. Cancellations will take effect at the end of the billing term and there is no service plan refund. If a cancellation is requested within 30 days of purchase, monthly service plan cancellations will take effect at the end of the billing term in which you canceled and there is no refund. If you prepaid a year, two-year or three-year plan, your refund is calculated as the difference between what you prepaid (taxes excluded) and one month used at the monthly rate of $12.99. Amazon prepaid plan customers and third-party retailer purchases: You must still cancel your service with us, but the product refund would come from the retailer you purchased through.
If your credit card is invalid for any reason, is charged back, or if Link does not receive payment, we reserve the right to cancel your Link Service Plan immediately.
Link Service Plan Refund Policy and Termination: If Link cancels your Link Service Plan without you having requested such cancellation, failed to pay, or otherwise providing cause for such cancellation, you may request a refund in writing within 90 days after the cancellation, in which event we will refund you on a pro-rata basis the portion of the Link Service Plan fees paid by you for the remainder of the time left in your Link Service Plan. Termination of your Link Service Plan and the refund rights above are your sole remedies under these Terms and against Link in connection with Link’s provision of the Link Service Plan.
Amendment: You agree that Link reserves the right to amend the services under Link Service Plans and these terms associated therewith at any time and for any reason. Any changes may be posted to the Site or sent to you by e-mail or postal mail at the e-mail address or mailing address you provided when you registered for a Link Service Plan.
Prices and Payment Terms: All descriptions of the Smart Tracker or Accessories, Link Service Plans, prices, and payment terms posted on the Site are within our sole discretion and subject to change at any time without notice. Link can withdraw products from the Site at any time and for any reason. The price charged for a Smart Tracker, Accessory or Link Service Plan and payment terms will be the price and payment terms in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes and to renewals after such changes. Prices listed through the Site are stated in U.S. dollars, and do not include taxes or shipping and handling charges. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. Payments for products purchased through the Site and for Link Service Plans are processed through our third-party payment service providers, currently Stripe (a “Payment Service Provider”). Payment must be received by our Payment Service Providers before our acceptance of an order. Each of our Payment Service Providers accepts the payment methods listed below. Link does not view or store your full credit card information. For all purchases, our Payment Service Providers will collect your payment method details and charge your payment method in connection with an order.
You represent and warrant that
- the account, order, and payment method information you supply to us or our Payment Service Providers, as applicable, is true, correct and complete;
- you are duly authorized to use such payment method for the purchase;
- charges incurred by you will be honored by your payment method company;
- you will pay all charges incurred by you at the posted prices, including all applicable taxes, if any;
- you will not allow anyone else to use your Link Service Plan;
- you will not transfer your Link Service Plan or password to anyone else; and
- you will report to us any unauthorized or prohibited access or use of your Link Service Plan.
If any of your account, order, or payment method information changes, you agree to promptly update this information, so that we or our Payment Service Providers may complete your transactions and contact you as needed. We are not liable for any unauthorized use of your credit card, debit card, or other payment method by a third party in connection with your use of the Site or Smart Trackers, Accessories or Link Service Plans.
Payment Methods: Credit cards accepted: American Express, Discover, MasterCard, Visa, Diner’s Club and JCB.
Other forms of payment: Credit card gift cards from Visa, MasterCard and American Express. Credit card gift cards can only be redeemed for orders less than the full amount available on the gift card. Orders cannot be split between two forms of payment when using a credit card gift card.
We do not accept: CODs, layaway plan, personal checks or money orders.
United States Only: ALTHOUGH OUR SITE AND LINK APP MAY BE ACCESSIBLE WORLDWIDE VIA THE INTERNET, THE SMART TRACKERS, ACCESSORIES AND LINK SERVICE PLANS OFFERED ON OUR SITE AND VIA THE LINK APP CURRENTLY ARE MADE AVAILABLE ONLY FOR USE IN THE CONTINENTAL UNITED STATES AND HAVE NOT BEEN DESIGNED OR TESTED FOR USE OUTSIDE THE CONTINENTAL UNITED STATES. IF YOU CHOOSE TO PURCHASE OR USE SMART TRACKERS, ACCESSORIES OR LINK SERVICE PLANS FROM OUR SITE OR LINK APP OUTSIDE OF THE CONTINENTAL UNITED STATES, YOU DO SO AT YOUR OWN RISK AND ARE SOLELY RESPONSIBLE FOR COMPLYING WITH THE APPLICABLE LOCAL LAWS OF YOUR JURISDICTION.
Intellectual Property Link and its licensors are and will remain the sole and exclusive owners of all copyrights, patents, trademarks, trade secrets, and other intellectual property rights and proprietary rights in and to the Smart Trackers, Accessories, Link Service Plans and any related specifications, instructions, documentation or other materials. You do not and will not have or acquire any ownership of these intellectual property rights or proprietary rights in or to, or relating to, the Smart Tracker or Accessories or Link Service Plans.
Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers, manufacturers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Governing Law. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida.
Arbitration. YOU AND LINK AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS SHALL BE FINAL AND BINDING ARBITRATION.
Either Link or you may demand that any dispute between Link and you about or involving your use of the Site or our Social Media Channels must be settled by arbitration utilizing the Commercial Arbitration Rules of the American Arbitration Association (AAA) in Jacksonville, Florida, USA, provided that the foregoing shall not prevent Link from seeking injunctive relief in a court of competent jurisdiction. Judgment on the award may be entered in any court of competent jurisdiction.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE LINK SERVICES, SMART TRACKER, ACCESSORIES OR PRODUCT FIRMWARE OR RELATED TO AN ORDER, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.
Export Compliance. You shall comply with
- all laws, restrictions, regulations and orders of the United States, the United Nations organization, the member states of the European Union and the European Free Trade Association, and any other country, including, without limitation, all laws and prohibitions, license requirements and other conditions applicable to the export, re-export, transfer or resale of products or the provision of services and related technical data, including laws relating to sanctions against other countries promulgated by the U.S. Department of Treasury (or similar agencies in other countries);
- all import restrictions and license requirements relating to the sale or use of the product in the import restriction issuing country; and
- the terms of any and all licenses issued for the export or import of the products (“Import and Export Laws”).
You shall not
- make the Product Firmware, Smart Trackers, Accessories, Link App or other services we offer, related technology or any product of any of the foregoing (the “Controlled Items”) available in any country in contravention of any Import and Export Laws, or any other law, and
- make the Controlled Items available in a country for which an export or import license or other governmental approval is required without first obtaining all necessary licenses or other approvals. Without limiting the foregoing, you acknowledge and agree that none of the Controlled Items will be acquired for, shipped, used, transferred or otherwise exported or re-exported, directly or indirectly, to countries, entities or individuals as to which the United States maintains an embargo, sanction, or other limitation on the provision of products or services.
By using the Controlled Items, you represent and warrant that
- you are not located in, under the control of, or a national or resident of a country that is subject to a U.S. government embargo or sanction, or that has been designated by the U.S. government as a “terrorist supporting” country and
- you are not listed on any U.S. government list of prohibited or restricted or sanctioned parties.
Order of Precedence. To the extent there may be a conflict among these Terms, the Apple Terms, or the Google Play Terms, these Terms control.
No Assignment. These Terms, and all rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by Link without restriction. Any attempted assignment by you will be null and void.
No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.
To You. We may provide any notice to you under these Terms by:
- (i) sending a message to the e-mail address you provide or
- by posting to the Site.
Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting to the Site will be effective upon posting to the Site. It is your responsibility to keep your e-mail address current.
To Us. To give us notice under these Terms, you must contact us as follows:
- by sending a message to email@example.com
- by personal delivery, overnight courier or registered or certified mail to Smart Tracking Technologies, LLC, 4887 Belfort Road, Suite 400, Jacksonville, FL 32256.
We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
Contact Information. To ask questions or provide comments on these Terms of Service and Sale and our privacy practices, please contact us at firstname.lastname@example.org.
© Copyright 2020 Smart Tracking Technologies, LLC. All rights reserved.
This device complies with Part 15 of the FCC Rules. Operation is subject to the following two conditions:
- This device may not cause harmful interference, and
- This device must accept any interference received, including interference that may cause undesired operation.
Warning: Changes or modifications not expressly approved by Smart Tracking Technologies could void the user’s authority to operate the equipment.
This device FCC ID: 2AXHH-LT3A, contains the following FCC IDs - 2AXHHNRF9160, 2ABPY-5B9198
Note: This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to Part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one of the following measures:
- Reorient or relocate the receiving antenna.
- Increase the separation between the equipment and receiver.
- Connect the equipment into an outlet on a circuit different from that to which receiver is connected.
- Consult the dealer or an experienced radio/TV technician for help.
This portable transmitter with its antenna has shown compliance with FCC’s SAR limits for general population / uncontrolled exposure. The maximum listed SAR level is < 1.6 W/kg (body).
The antenna used for this device must not be co-located or operating in conjunction with any other antenna or transmitter.