Last updated: March 2, 2017
Terms of Service and Sale
Smart Pet Technologies, LLC d/b/a Link AKC (referred to as “Link AKC,” “Company,” “us”, “we” or “our”) designed the LINK AKC™ smart collar product, including the hardware product and its accessories (“Accessories”) (together, “Smart Collar”) 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.linkakc.com or any www.linkakc.com sub-domains (the “Site”) and the LINK AKC mobile application (“LINK AKC 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 AKC service plan (“LINK AKC Service Plan”); and
- your use of our Smart Collars (collectively, (i) through (iv) are the (“LINK AKC Services”); your access to and use of the software of any kind (“Product Firmware”) embedded in your Smart Collar 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.
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 AKC 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 AKC 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 AKC Services on behalf of an entity, you have the authority to bind that entity to these Terms. Use of the LINK AKC Services is void where prohibited. Link AKC does not offer Smart Collars for sale or use outside of the United States and the LINK AKC Services are intended for a United States audience and controlled and offered by Link AKC from the United States. Link AKC makes no representations that the LINK AKC Services are appropriate or available for use in other locations. Those who access or use the LINK AKC Services from other jurisdictions are responsible for compliance with local law.
Children Under the Age of 13
LINK AKC Limited Product Warranty
Our LINK AKC Limited Product Warranty, incorporated into these Terms, applies to Smart Collars or Accessories purchased by you from Link AKC or an authorized retailer of Smart Collars or Accessories.
Additional LINK AKC App Terms
When you use the LINK AKC 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.
Apple Terms and Google Play Terms
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”).
Use of Service Providers
From time to time, we may offer customers who are active subscribers of a LINK AKC 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 AKC but rather by the Service Provider over which Link AKC has no control or power. Link AKC 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.
End User License Terms
The following End User License Terms (“EULA”) additionally apply to govern your access and use of the Product Firmware embedded in your Smart Collar, 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 AKC’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 AKC 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 Collar you own or control, and solely in connection with the Smart Collar, 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 AKC’s commercial disadvantage.
Maintenance and Support
Link AKC 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 AKC makes generally available free of charge to all licensees of the Product Firmware then entitled to maintenance and support services. Link AKC may develop and provide Updates in its sole discretion, and you agree that Link AKC has no obligation to develop any Updates at all or for particular issues. Link AKC 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 AKC may provide some or all Updates via download from a website designated by Link AKC and that your receipt thereof will require an internet connection, which connection is your sole responsibility. Link AKC 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 AKC may issue as a separate or new product, and Link AKC may determine whether any issuance qualifies as a new version, new release, or Update in its sole discretion. Link AKC 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 AKC, 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 AKC in writing.
Link AKC 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 AKC 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 AKC 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 AKC prior to such disclosure to allow Link AKC an opportunity to contest the disclosure
- assert the privileged and confidential nature of the Confidential Information, and
- cooperate fully with Link AKC 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.
Access to the Digital Services
Subject to these Terms, Link AKC 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 AKC App, this right is limited to accessing the LINK AKC App solely to install the LINK AKC 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 AKC App. LINK AKC 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.
Accessing the Digital Services and Account Security
To access the Digital Services or some of the resources they offer or to activate your Smart Collar and set up a LINK AKC 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 Collars 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 AKC 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.
Accuracy and Completeness of Information
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 AKC is not responsible if information made available on or through the LINK AKC Services by Link AKC 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 AKC or third-party content, information, services, communications, or recommendations (“LINK AKC Content”). Such LINK AKC 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 AKC 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.
Consult Your Veterinarian
Product Use & Care
Please read and comply with all safety notices that accompany your LINK AKC Smart Collar, 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 AKC Services.
Alerts & Notifications
As part of the LINK AKC Services, you may receive notifications, text messages, alerts, or e-mails related to your use of the LINK AKC 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.
Certain Limitations on the Digital Services and Product Firmware
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 AKC’s control, such as wireless service limitations and failures. The LINK AKC App is designed to be utilized for non-urgent information and to bring you closer to your pet. Link AKC makes no representation or warranty that use of the LINK AKC App or Smart Collar will affect or increase any level of safety. YOU UNDERSTAND THAT EITHER WHEN USED ALONE OR WHEN COMMUNICATING WITH A SMART COLLAR, THE LINK AKC APP IS NOT A SUBSTITUTE FOR A PET MICROCHIP, THERMOMETER OR THERMOSTAT TO CHECK OR CONTROL AMBIENT TEMPERATURE. YOU UNDERSTAND THAT THE LINK AKC APP, PRODUCT FIRMWARE AND SMART COLLAR ARE NOT AN EMERGENCY NOTIFICATION SYSTEM, AND LINK AKC 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 AKC APP, PRODUCT FIRMWARE OR SMART COLLAR 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 AKC 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 AKC is not responsible for any damages allegedly caused by the failure or delay of the LINK AKC 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 AKC, 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 AKC 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 AKC 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 and LINK AKC trademarks, service marks, typefaces, company designs, logos and emblems on our Digital Services, Social Media Channels, Smart Collars, packaging and other Link AKC materials are protected by trademark law. The marks and design elements used on the Digital Services, our Social Media Channels, Smart Collars, packaging and other Link AKC materials are intellectual property of Link AKC 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.
Security and Usage Restrictions
The rights granted to you in these Terms are subject to the restrictions in this Section. You will use the LINK AKC Services only for personal, non-commercial use. You hereby warrant, represent and agree that you will not use the LINK AKC Services or contribute any Content in the following manner:
- rent, lease, sublicense, sell, transfer, assign, redistribute, host, or otherwise commercially exploit the LINK AKC 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 Collars;
- access the LINK AKC 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 AKC;
- access or use the LINK AKC 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 AKC;
- 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 AKC reserves the right, at any time, to modify, suspend, or discontinue the LINK AKC Services or any part thereof with or without notice to you. You agree that Link AKC will not be liable to you or to any third party for any modification, suspension, or discontinuance of the LINK AKC 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.
Interactive Features; Content
Link AKC 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 AKC, or other persons, or to share on social media sites, including, but not limited to, by using Link AKC’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 AKC 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 AKC 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.
You acknowledge and agree that Link AKC 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 AKC. 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 AKC Services; and/or
- banning you from our Site and Social Media Channels or terminating your license to use the Digital Services.
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 AKC 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: firstname.lastname@example.org.
Promotions, Contests, and Giveaways
Additional terms and conditions may apply to promotions, contests and giveaways sponsored by Link AKC 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 AKC 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 AKC Services, Smart Collars, 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 AKC under any fiduciary or other obligation. Link AKC 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 AKC may have similar ideas under development and does not waive any rights to use similar or related ideas previously known to Link AKC, developed by its employees or contractors, or obtained from other sources.
Link AKC 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 AKC’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.
1 Landmark Square, Suite 505
Stamford, CT 06901
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 AKC’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.
LINK AKC may provide you with access to a wireless network coverage map for the purpose of providing you with a means to confirm wireless coverage under a LINK AKC Service Plan and for no other purpose. Actual coverage areas may differ substantially from map graphics and coverage may be affected by such things as terrain, weather, foliage, building and other construction, signal strength, customer equipment and other factors. Link AKC does not guarantee or warrant the accuracy of the coverage information and shall have no liability whatsoever to end users for same.
Changes to Terms of Service and Sale
Disclaimer of Warranties
EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY SET FORTH IN THE LINK AKC LIMITED PRODUCT WARRANTY, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, EACH OF (I) THE LINK AKC SERVICES, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LINK AKC SERVICES AND (II) THE PRODUCT FIRMWARE, ARE PROVIDED BY LINK AKC ON AN “AS IS,” “WHERE IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. LINK AKC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE LINK AKC SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LINK AKC SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON OR USE OF THE LINK AKC CONTENT, LINK AKC SERVICES, OR CONTENT IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, LINK AKC 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 AKC DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. LINK AKC DOES NOT WARRANT THAT THE LINK AKC SERVICES, OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LINK AKC SERVICES, THE PRODUCT FIRMWARE, OR LINK AKC OR ITS HOSTING PROVIDERS’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO LINK AKC 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 AKC SERVICES OR YOUR ACCESSING OR DOWNLOADING OF ANY MATERIAL AVAILABLE THROUGH THE LINK AKC SERVICES OR THE PRODUCT FIRMWARE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE LINK AKC 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 AKC 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 AKC SERVICES AND PRODUCT FIRMWARE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE LINK AKC SERVICES OR ANY INFORMATION OR DATA MADE AVAILABLE THROUGH USE OF THE PRODUCT FIRMWARE.
EVEN IF THE LINK AKC APP IS TESTED AND THE SMART COLLAR IS OPERATING IN ACCORDANCE WITH SPECIFICATIONS, THERE CAN BE NO GUARANTEE THAT THE LINK AKC APP WILL NOT BE COMPROMISED OR CIRCUMVENTED OR THAT THE LINK AKC WILL PROVIDE ADEQUATE WARNING OR ALERT IN ANY GIVEN SITUATION, OR THAT THE LINK AKC 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 AKC APP AND SMART COLLAR 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 AKC PARTY WILL HAVE ANY LIABILITY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER LOSS BASED ON A CLAIM THAT THE LINK AKC 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.
Limitation of Liability
IN NO EVENT SHALL THE LINK AKC PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING UNDER OR RELATING TO THE LINK AKC 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 AKC 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 AKC 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 AKC 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 AKC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITH REGARDS TO LINK AKC’S WARRANY OBLIGATIONS TO YOU WITH RESPECT TO THE SMART COLLAR, ACCESSORIES AND FIRMWARE, THE LINK AKC LIMITED PRODUCT WARRANTY PROVIDED WITH EACH SMART COLLAR 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 AKC 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 AKC 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 AKC Services, including, but not limited to any use of Link AKC’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 AKC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Link AKC and you agree to cooperate with our defense of such claims.
Apple iOS Special Terms and Conditions
If you use an iOS product, such as an iPhone or iPod Touch (an “iOS Device”) with the LINK AKC 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 AKC acknowledge that the Terms of Service and Sale are concluded between you and Link AKC only, and not with Apple, and that as between Link AKC and Apple, Link AKC is solely responsible for the LINK AKC App and the content thereof.
Additional License Terms Your right to use the LINK AKC 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 AKC acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the LINK AKC App.
Warranty As between Apple and Link AKC, Link AKC 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 AKC 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 AKC App, and, subject to the above disclaimers and limitations of liability, as between Apple and Link AKC, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of us to conform to any warranty will be Link AKC’s sole responsibility.
Product Claims You and Link AKC acknowledge that as between Apple and Link AKC, Link AKC is responsible for addressing any claims of you or any third party relating to the LINK AKC App or your possession and/or use of the LINK AKC App, including, but not limited to:
- product liability claims;
- any claim that the LINK AKC App fails to conform to any applicable legal or regulatory requirement; and
- claims arising under consumer protection or similar legislation.
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.
Google Play Special Terms and Conditions
If you use an Android device (“Android Device”) and download the LINK AKC 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 AKC acknowledge that the Terms of Service and Sale are concluded between you and Link AKC only, and not with Google, and that as between Link AKC and Google, Link AKC is solely responsible for the LINK AKC App and the content thereof.
Technical Support You may only contact Link AKC concerning any defects or performance issues in the LINK AKC App downloaded and installed from Google Play. Link AKC is solely responsible for, and Google will have no responsibility to undertake or handle support and maintenance of the LINK AKC App services offered through the LINK AKC App. Link AKC will respond to customer support inquiries within three (3) business days or less.
Intellectual Property Rights You and Link AKC acknowledge that, in the event of any third-party claim that the LINK AKC App or your possession and/or use of the LINK AKC App infringes that third party’s intellectual property rights, as between Google and Link AKC, we will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Wireless Carrier Terms
The following additional terms and conditions apply to your use of the subscription services provided by our underlying wireless service carrier under your LINK AKC 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 COLLAR 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 Collar and Accessories by Link AKC, 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 Collar requires an active LINK AKC Service Plan and is designed to be used with the LINK AKC App, the use of which is governed by the Terms. The Product Firmware contained in the Smart Collar is licensed to you, not sold, in accordance with the EULA. Please read all of these terms carefully.
Ordering Smart Collars and Accessories from the Site Ordering. You can browse and place orders for our Smart Collars 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 AKC 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 (888) 300-6608, seven (7) days a week, excluding New Year’s Eve and Day, Memorial Day, July 4, Thanksgiving Day, Christmas Eve & Day. If you cancel prior to shipment, you will not be charged. Link AKC 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 AKC reserves the right to restrict multiple quantities of a product being shipped to any one customer or postal address.
Each Smart Collar 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 Collar Components”).
Shipments; Delivery; Title and Risk of Loss. We will arrange for packing and shipment of the Smart Collars or Accessories to you. Shipping options for the Smart Collar 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 Collars 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 Collars 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/30-Day Money Back Guarantee We want our customers to be totally excited about their Smart Collars, and are pleased to offer a 30-Day Money-Back Guarantee. If you are not 100% satisfied, we will accept a return of the Smart Collar for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within thirty (30) days of your Smart Collar Activation and provided such Smart Collar is returned in its original condition, as determined in our sole discretion. To return Smart Collars, you must include all Smart Collar Components and include their original packaging when sending them back to us.
If you return a Smart Collar to Link AKC 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.
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.
Refunds are 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.
Exchanges During the first 12 months from the delivery date of your Smart Collar, if you are not able to make your Smart Collar work and you have worked with us directly to resolve the issue, we may determine that an exchange is necessary. If in our sole discretion we determine that an exchange is necessary, we will refer you to customer service to arrange for a replacement of the affected Smart Collar Component(s).
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 AKC 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 at (888) 300-6608 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 30-day refund policy identified above.
LINK AKC Service Plan Required A LINK AKC Service Plan is required in order to activate and use the Smart Collar features and functionality (“Smart Collar Activation”). You will be able to register for a LINK AKC Service Plan via the LINK AKC once you have received your Smart Collar. Each LINK AKC 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 AKC platform. We may also provide you with additional “members-only” content and materials.
LINK AKC Service Plan Options; Automatic Renewal There are three (3) different LINK AKC Service Plans available: (1) $9.95 per month; (2) an introductory one-year plan billed at a rate of $95.40; and (3) an introductory two-year plan billed annually at a rate of $83.40 per year (for a total of $166.80 for two years). The introductory one-year and two-year LINK AKC Service Plans will automatically renew at the end of the one or two-year period (as applicable) and you will then be charged the standard monthly fee in effect at the time (currently $9.95) on a monthly basis unless you cancel your LINK AKC Service Plan (see LINK AKC Service Plan Cancellation). All rates here are not inclusive of sales tax.
You agree to pay Link AKC the stated fees for the LINK AKC Service Plan you selected for the duration of time and the amount you selected on the sign up page. You authorize Link AKC to (i) charge these fees to the credit card you designate, and (ii) automatically renew the charges for the duration of your LINK AKC Service Plan unless you cancel your Plan, which you may do at any time (see LINK AKC 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 AKC Service Plan Cancellation Options At any time during the first 30 days of the LINK AKC Service Plan you may cancel the Service Plan for a full refund. You may also return the Smart Collar and Accessories for a full refund during this period. All cellular functionality of the Smart Collar and Accessories will end upon cancellation. Please see Return Policy/30-Day Money Back Guarantee for instructions on how to return the Smart Collar and Accessories. After the 30-day introductory period, you may cancel your LINK AKC Service Plan at any time by signing into your LINK AKC account. For the monthly LINK AKC 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. For the one-year and two-year introductory LINK AKC Service Plans, we will refund you on a pro-rata basis the portion of the Service Plan fees paid for the remainder of the time left in your LINK AKC Service Plan at the monthly rate of $9.95. All refunds will be credited back to the credit card you used to pay for the LINK AKC Service Plan.
Amendment These terms specifically related to our LINK AKC Service Plans in these Terms will remain in force so long as you are an active, paid subscriber of a LINK AKC Service Plan. Subject to the termination and refund rights above, you agree that Link AKC reserves the right to amend the services under LINK AKC 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 AKC Service Plan.
Prices and Payment Terms All descriptions of the Smart Collar or Accessories, LINK AKC 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 AKC can withdraw products from the Site at any time and for any reason. The price charged for a Smart Collar, Accessory or LINK AKC 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 AKC 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 AKC 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 AKC 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 AKC Service Plan,
- you will not transfer your LINK AKC Service Plan or password to anyone else, and
- you will report to us any unauthorized or prohibited access or use of your LINK AKC Service Plan.
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 AKC APP MAY BE ACCESSIBLE WORLDWIDE VIA THE INTERNET, THE SMART COLLARS AND LINK AKC SERVICE PLANS OFFERED ON OUR SITE AND VIA THE LINK AKC 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 AKC SERVICE PLANS FROM OUR SITE OR LINK AKC 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 AKC™ SMART COLLARS AND SERVICE PLANS AND WILL POST UPDATES ON OUR SITE IF AND WHEN OUR SMART COLLARS AND LINK AKC SERVICE PLANS ARE MADE AVAILABLE IN OTHER COUNTRIES AND/OR IN THE U.S. TERRITORIES AND POSSESSIONS.
Intellectual Property Link AKC 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 AKC 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 AKC 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 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 AKC 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 AKC or you may demand that any dispute between Link AKC 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 AKC 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 AKC 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”).
- make the Product Firmware, Smart Collars, Accessories, LINK AKC 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.
- 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.
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 AKC 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.
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 Pet Technologies, LLC, 1 Landmark Square, Suite 505, Stamford, CT 06901.
Contact Information To ask questions or provide comments on these Terms of Service and Sale and our privacy practices, please contact us at email@example.com.
If you have any questions regarding our Sales Terms or placing orders for Smart Collars or Accessories, please contact us at firstname.lastname@example.org.
© Copyright 2017 Smart Pet Technologies, LLC. All rights reserved.