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 collar 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”); and
- 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 DESCRIBES 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 protected]
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, these 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 Service Providers, such as SafetyCall’s Pet Poison Helpline™ (“Service Providers”), 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 (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 a. (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, except to the extent such restrictions are prohibited by law. 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. Link further agrees that all Updates will be deemed Product Firmware, all subject to the terms and conditions of this EULA. You acknowledge and agrees 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 has no obligation to provide maintenance and support services, including Updates:
- for any but the most current version or release of the Product Firmware;
- for any copy of Product Firmware for which all previously issued Updates have not been installed;
- if End User is in breach under this EULA; or
- for any Product Firmware that has been modified other than by or with the express authorization of Link, or that is being used with any hardware, software, configuration, or operating system not specified in the documentation for the Product Firmware (if any), or expressly authorized by Link in writing.
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.
- 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.
Effect of Termination
In the case of termination of the Terms under the Termination Section, the license granted hereunder will terminate and you must stop all use of the Product Firmware, but the terms in Section b. (Restrictions) through Section g. (U.S. Government Rights) 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) or the device(s) of the entity you represent (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 Interactive Features; Content, 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”).
You acknowledge and agree that Authorized Persons have no liability to you for any editing, blurring, alteration, distortion, faulty reproduction, or use in any composite form of the Content, and no compensation will be paid to you and Link may not provide you attribution for the Content or for the licenses and permissions you have granted to Authorized Persons.
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 us 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: (a) relating to or arising out of any 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, our sole discretion and for any reason, including for violation of the terms 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 LINK OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS OR THEIR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER LINK, SUCH 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 your Content removed from our Site or Social Media Channels, please send an e-mail message to: [email protected].
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
E-mail: [email protected]
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 New York, New York, 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 COLLAR 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 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 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 the 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 product, such as an iPhone or iPod Touch (an “iOS Device”) with the LINK App, you agree to the following terms and conditions (“Apple Special Terms”) to the extent they apply to your use of the iOS Device. Nothing in the Apple Terms or these Apple Special Terms will be deemed to change or limit our agreement with you.
Acknowledgement You and Link acknowledge that the Terms of Service and Sale are concluded between you and Link only, and not with Apple, and that as between Link and Apple, Link is solely responsible for the LINK App and the content thereof.
Additional License Terms Your right to use the LINK App is limited to use on an iOS Device owned or controlled by you as permitted by the Usage Rules contained in the Apple Terms and in accordance with these Terms of Service.
Additional Usage Rules In addition to those usage rules set forth in the Terms of Service and Sale above, you shall comply with the Usage Rules contained in the Apple Terms.
Maintenance and Support You and Link acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the LINK App.
Warranty As between Apple and Link, Link is solely responsible for any product warranties, to the extent not disclaimed or limited above. In the event of any failure of the Digital Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the LINK App you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation to you whatsoever with respect to the LINK App, and, subject to the above disclaimers and limitations of liability, as between Apple and Link, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of us to conform to any warranty will be Link's sole responsibility.
Product Claims You and Link acknowledge that as between Apple and Link, Link is responsible for addressing any claims of you or any third party relating to the LINK App or your possession and/or use of the LINK App, including, but not limited to:
- product liability claims;
- any claim that the LINK App fails to conform to any applicable legal or regulatory requirement; and
- claims arising under consumer protection or similar legislation.
Intellectual Property Rights You and Link acknowledge that, in the event of any third-party claim that the LINK App or your possession and/or use of the LINK App infringes that third party’s intellectual property rights, as between Apple and Link, we will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Third Party Beneficiary Apple and Apple’s subsidiaries are third party beneficiaries of the Terms of Service and Sale, and all agreements incorporated into the Terms of Service and Sale by reference. Upon your acceptance of the Terms of Service and Sale, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service and Sale against you as a third party beneficiary thereof.
If you use an Android device (“Android Device”) and download the LINK App through Google Play, you agree to the following terms and conditions (“Google Play Special Terms”) to the extent they apply to your use of the Android device. Nothing in the Google Play Terms or these Google Play Special Terms will be deemed to change or limit our agreement with you.
Acknowledgement You and Link acknowledge that the Terms of Service and Sale are concluded between you and Link only, and not with Google, and that as between Link and Google, Link is solely responsible for the LINK App and the content thereof.
Technical Support You may only contact Link concerning any defects or performance issues in the LINK App downloaded and installed from Google Play. Link is solely responsible for, and Google will have no responsibility to undertake or handle support and maintenance of the LINK App services offered through the LINK App. Link will respond to customer support inquiries within three (3) business days or less.
Intellectual Property Rights You and Link acknowledge that, in the event of any third-party claim that the LINK App or your possession and/or use of the LINK App infringes that third party’s intellectual property rights, as between Google and Link, we will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
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 COMPANY AND 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 COMPANY 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 AT&T 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 Ordering. 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, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell 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.
Cancellation. 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 charging base station) and Accessories (leather collar, collar carrier, charging cord and wall plug) (“Smart Tracker Components”).
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/delivery. 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 losses, damages or penalties due to any delays in shipments or deliveries.
Return Policy/90-Day Product Guarantee
We want our customers to be excited about their LINK and we are pleased to offer a 90-day Product Guarantee on smart collars and accessories purchased from us on linkmypet.com. If you are having trouble with your LINK please first contact Customer Service so that we can try to help you!
However, if you are unsatisfied with LINK and wish to return, 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 e-commerce site, linkmypet.com, so if you purchased LINK from an authorized third-party retailer like Amazon, Chewy, etc., please contact that retailer for the return.
- Return request must be made to LINK Customer Service within 90 days of purchase from linkmypet.com
- Returned product must include its original packaging with all original components
- Product must be in its original working condition, as determined by our sole discretion
- Damaged product, including dog-induced damage, is 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, refunds will be processed within approximately the next two (2) billing cycles of your payment method statement from the date we receive your merchandise. 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 Collar to Link damaged, as determined at 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 Collar 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.
Partner Program Return and Cancellation Terms
- If service plan is cancelled within year one of activation a $50 early cancellation fee will be applied to the refund as part of the free product partnership program
- The $50 cancellation fee can be waived if service plans is cancelled within the 90 Day Trial window and product is returned as per the Return Criteria and Service Cancellation Policy above.
- Refunds for service plan will only apply to unused Service Plan time
Exchanges If you are an active service plan holder and need to exchange a component from your smart collar kit, 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.
Resale Purchases made through the Site are intended for end users only, and are not authorized for resale.
Puppy Guarantee Our Puppy Guarantee allows you to exchange the first Smart Collar you buy for your dog to a larger size one time, at any time in the first year of ownership (from the date of your Smart Collar Activation). Since the LINK Smart Collar was designed to ergonomically fit a wide range of neck sizes, it is only the collar itself that will need to be upsized as the puppy grows, not the other Smart Collar Components that came with your original order (such as the base station or the carrier). Just contact our Customer Service Department letting us know that you would like to take advantage of our Puppy Guarantee.
Compatibility You acknowledge that you have verified the compatibility of the Smart Collar you are purchasing with other required equipment (e.g., ensuring that your mobile device and/or operating system is compatible with the Smart Collar). You are solely responsible for determining the compatibility of the Smart Collar with other equipment, and you accept that lack of compatibility is not a valid claim under the warranty provided with your Smart Collar and does not otherwise constitute a basis for receiving a refund after the 90-day refund policy identified above.
LINK Service Plan Required A LINK Service Plan is required in order to activate and use the Smart Collar features and functionality (“Smart Collar Activation”). You can either prepay and register for a LINK Service Plan during the checkout process on linkmypet.com (for smart collar orders placed on our website) or once you have received your Smart Collar by following the in-app activation steps. Service plan start is the day of activation.
Each LINK Service Plan is for cellular service that allows the Smart Collar (and related 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 your Smart Collar for use, your LINK Service Plan is associated with that Smart Collar and you may not transfer your LINK Service Plan for use with any other Smart Collar, including any next generation Smart Collar you may purchase.
LINK Service Plan Options; Automatic Renewal
Pre-paid LINK Service Plans (purchased as an add-on to a smart collar purchase during the checkout process of orders placed on linkmypet.com):There are three (3) different introductory LINK Service Plans available for pre-pay: (1) a six- month plan at a rate of $8.50 per month and a pre-paid total of $51.00 (2) a one-year plan billed at a rate of $7.50 per month and a pre-paid total of $90.00; and (3) an introductory two-year plan billed annually at a rate of $6.50 per month and a pre-paid total of $156.00.
These low prices are only available during the checkout process of LINK smart collars purchased on our website.
Once you complete the transaction you will receive a confirmation email with a unique code. You will need to use that code during the in-app setup and activation steps in order to redeem your pre-paid service plan. During the activation process, a credit card will be required for purposes of auto-renewal. Plans must be activated one of year (12 months) of prepaid service plan purchase.
The introductory six-month, one-year and two-year LINK Service Plans will automatically renew at the end of the six-month, one- or two- 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.
If you decline to pre-pay a service plan you can purchase your service plan during the in-app setup sequence, but will not be eligible for this low rate.
LINK Service Plan Options (purchased during smart collar activation):
There are three (3) different LINK Service Plans available for purchase during your LINK smart collar activation: (1) $9.95 per month; (2) an introductory one-year plan billed at a rate of $7.95 per month for a total of $95.40 paid at activation; and (3) an introductory two-year plan billed annually at a rate of $6.95 per month (for a total of $166.80 for two years); The introductory monthly, one-year and two-year LINK Service Plans will automatically renew at the end of the monthly, one- or two-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 time by contacting our Customer Service Department at 866-303-1876. Used Service Plan time is nonrefundable. If you purchased your LINK smart collar from an authorized retailer and return your product to them, you will still need to contact LINK Customer Service to cancel your Service Plan.
For the monthly LINK Service Plan, if you choose to cancel, your cancellation will take effect at the end of the billing term in which you cancelled, and there is no refund. If you prepaid a year, two-year or three-year plan your refund is calculated as follows: your refund will be the difference between what you prepaid (taxes excluded) and the used months (used months are billed at the monthly rate of $9.95). All refunds will be credited back to the credit card you used to pay for the LINK Service Plan. All cellular functionality of the Smart Collar and Accessories will end upon cancellation of a LINK Service Plan. Please see Return Policy/90-Day Product Guarantee for instructions on how to return the Smart Collar and Accessories.
Please note that our 90-Day Product Guarantee only applies to orders made through our Site and to amounts paid for Smart Collars and does not apply to amounts paid for LINK Service Plans.
If your credit card is invalid for any reason, 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 the entire service under your LINK Service Plan, you may request a refund in writing within 90 days after the cancellation 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. If Link makes a material adverse change to your LINK Service Plan or to the terms specifically related to our LINK Service Plans in these Terms, you may terminate your LINK Service Plan and request a refund in writing within 15 days of such change and Link 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 These terms specifically related to our LINK Service Plans in these Terms will remain in force so long as you are an active, paid subscriber of a LINK Service Plan. Subject to the termination and refund rights above, 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 or address you gave when you registered for a LINK Service Plan.
Prices and Payment Terms All descriptions of the Smart Collar or Accessories, LINK Service Plans, prices, and payment terms posted on this 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 Collar, 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. 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 the Smart Collars, Accessories and LINK Service Plans are processed through one of our third-party payment service providers, currently Celery and Stripe (each, 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,
- you will pay any charges that you incur in connection with the service under your LINK Service Plan, including any applicable taxes,
- 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 Collars, 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
We do not accept: CODs, Layaway Plan, Personal Checks and Money Orders.
*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.
United States Only ALTHOUGH OUR SITE AND LINK APP MAY BE ACCESSIBLE WORLDWIDE VIA THE INTERNET, THE SMART COLLARS 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 IN OTHER COUNTRIES OR THE U.S. TERRITORIES OR POSSESSIONS. IF YOU CHOOSE TO PURCHASE OR USE SMART COLLARS OR LINK SERVICE PLANS FROM OUR SITE OR LINK MOBILE 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 COUNTRY. WE APPRECIATE YOUR INTEREST IN LINK™ SMART COLLARS AND SERVICE PLANS AND WILL POST UPDATES ON OUR SITE IF AND WHEN OUR SMART COLLARS AND LINK SERVICE PLANS ARE MADE AVAILABLE IN OTHER COUNTRIES AND/OR IN THE U.S. TERRITORIES AND POSSESSIONS.
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 Collar, its 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 Collar or its Accessories or LINK Service Plans.
THESE REFERRAL PROGRAM TERMS & CONDITIONS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE ALL DISPUTES ARISING UNDER IT, RATHER THAN JURY TRIALS OR CLASS ACTIONS. Please see the General Terms & Conditions for details at linkmypet.com/privacy.
Customer Referral Program Participation and Eligibility
Making Referrals: Subject to these Customer Referral Terms & Conditions, Advocates are eligible receive a $20 Amazon Gift Card (“Referral Credit”) for each order of the Link Smart Collar purchased by one of their Referrals (“Referral Order”). In connection with the Customer Referral Program, there will be no additional credits or anything else of any value owed, refundable, payable, refunded, paid, or granted to any person above the sale purchase price of the Link Smart Collar actually paid by the Advocate who made the Referral.
In order to receive Referral Credit, Advocates must enter all required information for Referrals set forth below into the Referral Site at www.linkmypet.com/referrals (“Referral Site”) no later than (“Eligibility Period”). Link may decide in its sole discretion to extend the Eligibility Period of the Customer Referral Program.
To refer friends as Referrals, Advocates must:
Be a new customer and have placed an order with Link of the Link Smart Collar (i.e., canceled orders are not eligible);
Make a purchase on www.linkmypet.com in an amount greater than the minimum amount specified in the referral offer prior to the promo code’s expiration
Use a referral link to obtain the promo code
Be an individual person and of the age of majority in the state where you are resident in the U.S. at the time of participation.
If you are an Advocate, you agree to let your Referrals know that you may receive a Referral Credit if the Referral places a Referral Order. Advocates will not receive any Referral Credit if any Referral is rejected or information about the Referral is not received for any reason, or if Advocates or their Referrals fail to comply with any of these Customer Referral Terms & Conditions. Individuals who have opted-out of marketing emails from Link may not receive the Referral Email.
Referrals; Referral Credit for Advocates. If you are a Referral, you must place a Referral Order within thirty (30) days from receipt of the e-mail sent by Link (or our service provider, Talkable) to you on behalf of the Advocate regarding the Customer Referral Program and containing the Advocate’s name (“Referral Email”). For Link to validate and apply the Referral Credit to the Advocate’s account, (a) the Referral Order must remain active prior to the shipment of the Link Smart Collar to the Referral (i.e., no cancellations prior to this time), and (b) the Link Smart Collar must be paid in full. After making a Referral Order, Referrals will be eligible to participate in the Customer Referral Program as Advocates (as described above).
Ineligible Referrals: You cannot receive Referral Credit for referring yourself, and unless otherwise noted, the Customer Referral Program may not be available for certain other Link “Friends and Family” programs, special dealer plans/accounts, accounts owned by Link employees, and others deemed ineligible in Link’s sole discretion (collectively, “Ineligible Referrals”). In addition, Referrals made through non-authorized Link sales channels are not eligible for the program, and at a minimum constitute a violation of the General Terms & Conditions. You may only participate in the Customer Referral Program with one (1) account. Any attempt by any person to use multiple accounts to receive credit towards more than one (1) Link Smart Collar will, at a minimum, be deemed a material violation of these Customer Referral Terms & Conditions and any Referral Credit inadvertently granted to such persons by Link will be deemed void. Without limitation of the foregoing in this Section 4, Link reserves the right to void any Referral Credits based on the following: (a) any violation or abuse of the Customer Referral Program; (b) any fraudulent activity, or (c) if Link, in its sole discretion, finds that you have violated any of the Customer Referral Terms & Conditions.
Order Cancellations. If you cancel your order purchase of the Link Smart Collar, you will no longer be eligible to participate in the Customer Referral Program. Upon cancellation of your order with Link, you may not make Referrals or receive Referral Credits, and you will forfeit any Referral Credits that may be pending.
Program Participation/Opt-Out. To participate in the Customer Referral Program and earn Referral Credits, all customers who order the Link Smart Collar will be automatically opted-in to participate in the Link Customer Referral Program. Customers can opt out of receiving communication about the Customer Referral Program at any time by emailing: [email protected].
Credit Redemption. Referral Credits are non-transferable, non-assignable, and cannot be redeemed or exchanged for cash, credit, or other merchandise.
Tax. Please note that the value of the Referred Credits may be taxable income to you. You are responsible for any and all federal or state tax liabilities associated with the Customer Referral Program. Please consult your tax advisor if you have questions related to taxes and the Customer Referral Program.
Additional Terms and Conditions. The Customer Referral Program is a limited time offer. Link reserves the right to terminate and/or modify this offer at any time without prior notice. Participation in the Customer Referral Program is prohibited where void by applicable law or regulation. We reserve the right to change the terms and conditions of the Link Customer Referral Program at any time, without notice, at our sole discretion. We reserve the right to not award a credit or to disqualify someone from the Customer Referral Program if we feel, in our sole discretion, that fraudulent behavior or other unethical conduct has occurred in any way that compromises the fairness the Customer Referral Program in any way or violates these Customer Referral Terms & Conditions. Referral Credits cannot be combined with other promotions and are not valid for previous offers or orders. Spam, unsolicited commercial email, or any form of illegal means of communication is illegal, prohibited, and will be grounds for termination of your account and participation in this Customer Referral Program. Fraudulent or unethical means of communication such as using bots, fictitious identities, fake emails, or scripts is also prohibited and will, at a minimum, result in similar actions by Link with respect to terminating your account and participation in the Customer Referral Program. Link’s services are subject to additional terms, conditions, and other restrictions. See linkmypet.com/privacy for details.
Limitation of Damages. As noted above, the General Terms & Conditions for Link (located at linkmypet.com/privacy) are incorporated by reference into these Customer Referral Terms & Conditions, and includes the “Limitation of Liability” provision therein, except that as it applies to the Customer Referral Program, the last sentence of such provision shall read as follows:
“IN NO EVENT SHALL THE LIABILITY OF LINK AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, MEMBERS, DIRECTORS, CONTRACTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, THE LESSER OF (I) YOUR ACTUAL DIRECT DAMAGES OR (II) THE ORDER PURCHASE PRICE PAID FOR THE LINK SMART COLLAR BY THE ADVOCATE OR REFERRAL (AS APPLICABLE).”
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 New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.
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 OF SERVICE AND SALE 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 New York, New York, 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 COLLAR, 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 Nation 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 Collars, 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 of Service and Sale, the Apple Terms, or the Google Play Terms, these Terms of Service and Sale 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.
Notices 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 will be effective upon posting. 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 facsimile transmission to 203-961-3994; or
- 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 [email protected].
If you have any questions regarding our Sales Terms or placing orders for Smart Collars or Accessories, please contact us at [email protected].
© Copyright 2019 Smart Tracking Technologies, LLC. All rights reserved.