Terms of Service
The Linc Active™ LLC
Terms & Conditions
NOTIFICATION OF ARBITRATION CLAUSE AND CLASS ACTION/JURY TRIAL WAIVER PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL BINDING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION, AS SET FORTH BELOW.
“Agreement” means these Terms & Conditions and the Refund Policy.
"Personally Identifiable Information" means any information that identifies a natural person, such as name, Social Security Number or other government-issued number, date of birth, address, telephone number, biometric data, and the like.
“Person” means a natural person, entity organized under the laws of a governmental authority or unincorporated association or organization, unless otherwise specified.
“Website” means any and all pages of the website (individually and collectively) you are viewing at the moment, and also includes any and all websites on which the Agreement is posted.
“User” or “you” or "your" refers to any and all natural persons who visit, create an account with, access or use this Website in any way imaginable, whether through existing technology or through technology not heretofore manufactured, devised or discovered, or who request, purchase, subscribe to, access, or otherwise use the goods and services offered on this Website.
You agree to keep your password confidential and not to distribute it or otherwise allow anyone other than you to access your account. Your password is the key to all of the information in your account. Any communication you make on this Website or over the Internet, whether sent via e-mail, via a form on the Website, or a message board, etc., should be regarded as an insecure communication, unless we explicitly state on a particular web page that you can expect the communication to be secure or encrypted.
Refusal & Termination of Service
The Linc Active™ reserves the right to terminate or refuse service to anyone, at any time, for any reason or no reason at all, without prior notice, including, without limitation, for violating any provision of this Agreement.
You may not use or otherwise export or re-export the Website and/or its content, except as authorized by United States law. The Website and its content may not be exported or re-exported (i) into (or to a national or resident of) any U.S.-embargoed country, (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, or (iii) to anyone on the U.S. Department of Commerce's Table of Denial Orders. You represent and warrant that you are not a resident or national of any such country on any such list, and are not located in, under the control of, acting on behalf of or in concert with, a resident or national of any such country or on any such list. License to Use the Website The Linc Active™ grants, subject to the terms of this Agreement, a limited, non-transferable, non-sublicensable, non-exclusive license to use the software, content and documentation which it owns, or of which it is a licensee, for the limited purposes accessing, exploring and using the Website in real time in a manner consistent with the terms of the Agreement. Intellectual Property Rights in the Website Unauthorized duplication of this Website, in whole or in part, or of any plans, designs, specifications, data or content made available from the Website (except as expressly authorized herein) is a violation of the Copyright Act of 1976.
Unless otherwise stated, The Linc Active™ owns the copyright in this Website and is the owner or a licensee of the content hereon, including, without limitation, all “works” as defined in the Copyright Act of 1976, text, graphics, images, video material, audio material, audiovisual material, and other content, regardless of media format, whether now existing or hereafter arising (“Copyright Material”). The Copyright Material is protected by United States and international copyright laws. You may display and download portions of the Website solely for your own personal, non-commercial use. You agree not to change or delete any proprietary notices from materials downloaded from the Website. All other uses, including, without limitation, the reproduction, copying, modification, distribution, sale, lease, transmission, republication, performance, display, or any commercial use of the content on this site are strictly prohibited by law.
The Linc Active™ is a trademark owned by The Linc Active™ (individually and collectively the “Trademarks”). The Trademarks may not be used in any manner by any person or in connection with any product or service, without the express written authorization of an officer or director of The Linc Active™. All other trademarks, service marks, and trade names are the property of their respective owners and are used on this site by virtue of a right or license from their respective owners. Notice and Procedure for Making Claims of Copyright Infringement
Notice of Claimed Infringement
Pursuant to 17 U.S.C. § 512, claims of copyright infringement must be submitted to the following designated agent:
Fasthoff Law Firm PLLC
21 Waterway Ave.,
The Woodlands, TX 77380
hank @ fasthofflawfirm.com
To be effective, the notification must be a written communication that includes the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) A reasonably detailed description of the alleged infringing material, or, if multiple copyrighted works are alleged to be infringing, a representative list of such works on this website;
(iii) A reasonably detailed description of where the alleged infringing material is located on this website;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) 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
(vi) 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.
If you believe that your content that was removed pursuant to a Digital Millennium Copyright Act notice we received is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to law, to post and use the content, you may send a counter-notice containing the following information to the Copyright Agent at the address listed above:
(i) Your physical or electronic signature;
(ii) 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;
(iii) 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
(iv) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Kendall County, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
The Linc Active™ values and encourages feedback. Pursuant to The Linc Active’™ policy, however, we do not accept or consider creative ideas, suggestions, or materials other than those specifically requested from you by The Linc Active™. If you choose to send any creative submissions to us, whether at The Linc Active's™ request, or despite our request that you do not send submissions to us, then you hereby irrevocably assign and transfer to The Linc Active™ any and all rights, throughout the universe, in and to each submission (including the individual elements of each submission), without any compensation therefore, including, without limitation, all domestic and foreign copyrights, trademark rights (and goodwill appurtenant thereto), patent rights, trade secret rights, know-how, and all other intellectual property rights and other rights, whether now existing or hereafter arising. To the extent moral rights may not be assigned or transferred, you hereby irrevocably waive enforcement of any and all moral rights. The Linc Active™ shall be entitled to complete unrestricted use of the submissions and all content, data and information contained therein for any purpose, whether commercial or otherwise, without compensation to, or recognition or acknowledgment of, the author(s) or provider(s) of the submissions.
User Representations & Warranties
You represent and warrant that you are at least 18 years of age and have reached the age of majority in the location where you reside. If you desire to participate in one or more sweepstakes, contests or promotions that may be offered by The Linc Active™, you further represent that you are a lawful resident of one of the states for which registration for sweepstakes, contests or promotions is permitted. You further represent and warrant that you possess the legal right and ability to enter into this Agreement and to use the Website in accordance with this Agreement. You agree to be financially responsible and otherwise responsible for your use of the Website, and to comply with your responsibilities and obligations as stated in this Agreement. You further agree to (i) provide true, accurate, current and complete information about you as requested by the forms available on this Website; and (ii) to maintain and update your information to keep it secure, true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, The Linc Active™ has the right to terminate your account and refuse any and all current or future use of the Website. You further represent and warrant that you will not provide to us the name, address, email address, phone number, or other personal identifying information of any person under the age of 13. Violation of this provision is grounds for immediate cancellation of any orders, goods, and services offered hereunder.
Governing Law, Jurisdiction, & Venue; Arbitration
All uses of the Website, and all content contained herein, including, without limitation, any disputes arising under or related to this Agreement, shall be governed by and interpreted pursuant to the laws of the State of Texas and the United States of America without regard for conflicts of laws principles. All disputes arising under or relating to the Agreement and/or your visitation, access or use of the Website, shall be submitted to and resolved by binding arbitration in Kendall County, Texas, and any award shall be confirmed exclusively in the courts situated in Kendall County, Texas. You further irrevocably agree and consent to the exclusive jurisdiction and venue of the courts situated in Kendall County, Texas for the purposes of reviewing, confirming or otherwise relating to any arbitration award, and you hereby expressly waive jurisdiction and venue in any other forum for such purposes. Any arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all findings of fact and conclusions of law, and shall be kept confidential and not disclosed for any purpose except as required by law, e.g., disclosure to tax advisors for the purpose of filing a tax return. Any such arbitration shall include a written record of the arbitration hearing.
WAIVER OF CLASS ACTION/JURY TRIAL
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. YOU MAY NOT JOIN OR CONSOLIDATE CLAIMS OR PARTIES IN ARBITRATION, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, AND YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO FILE ANY SUCH CLAIM OR PARTICIPATE IN ANY PROCEEDING IN ANY SUCH CAPACITY. YOU FURTHER HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL. INDEMNIFICATION YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS The Linc Active™ AND ITS PARENT (IF ANY), SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THE FOREGOING’S PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, PARTNERS, SHAREHOLDERS, OWNERS, ASSOCIATES, JOINT VENTURERS, CONTRACTORS, ATTORNEYS, INSURERS, AGENTS AND REPRESENTATIVES (INDIVIDUALLY AND COLLECTIVELY, THE “INDEMNIFIED PARTIES”), FROM AND AGAINST ALL LIABILITIES, DAMAGES, CLAIMS, CAUSES OF ACTION, COSTS, ATTORNEY’S FEES, AND ALL OTHER COSTS AND EXPENSES, IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO (I) YOUR ACTUAL OR ALLEGED BREACH OF THIS AGREEMENT (II) YOUR ACTUAL OR ALLEGED NEGLIGENT, WILFUL OR INTENTIONAL ACTIONS OR OMISSIONS ARISING OUT OF OR RELATING TO YOUR REGISTRATION, VISITATION OR USE OF THIS SITE; PURCHASE, POSSESSION, USE OR NONUSE OF ANY MERCHANDISE OR SWEEPSTAKES ENTRY AND/OR PURCHASE, POSSESSION, USE OR NONUSE OF SWEEPSTAKES WINNINGS; AS WELL AS YOUR PARTICIPATION IN ANY SWEEPSTAKES, CONTEST OR OTHER PROMOTION. THE INDEMNIFIED PARTIES MAY, AT THEIR SOLE DISCRETION, CHOOSE TO PARTICIPATE IN THE DEFENSE OR ANY MATTER OR CLAIM OR NEGOTIATED SETTLEMENT. NO SETTLEMENT THAT MAY HAVE THE POTENTIAL TO AFFECT AN INDEMNIFIED PARTY’S RIGHTS IN ANY WAY SHALL BE ENTERED INTO WITHOUT SUCH INDEMNIFIED PARTY’S PRIOR WRITTEN APPROVAL.
LIMITATION OF LIABILITY
ACCESS TO AND USE OF THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS. YOU AGREE THAT The Linc Active™ AND ITS PARENT (IF ANY), SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THE FOREGOING’S PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, PARTNERS, SHAREHOLDERS, OWNERS, ASSOCIATES, JOINT VENTURERS, CONTRACTORS, ATTORNEYS, INSURERS, AGENTS AND REPRESENTATIVES (INDIVIDUALLY AND COLLECTIVELY, THE “LIMITED PARTIES”), SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, OR FOR ANY INDEMNITY, REGARDLESS OF THE NATURE OR CAUSE OF THE DAMAGES OR INDEMNITY, THAT ARISE OUT OF OR RELATE TO YOUR VISITATION OR USE OF THIS SITE; PURCHASE, POSSESSION, USE OR NONUSE OF MERCHANDISE OR A SWEEPSTAKES ENTRY, OR THE OFFERING OF CONTENT, INFORMATION, GOODS, SERVICES, OR OTHER MATERIAL ON, OR ACCESSIBLE THROUGH, THIS WEBSITE AND/OR IN ANY EMAILS, NEWSLETTERS, OR IN ANY EXTERNALLY-LINKED THIRD PARTY SITE. WITHOUT LIMITING THE FOREGOING, THE LIMITED PARTIES SHALL NOT BE LIABLE FOR ACTUAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, AND/OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER CAUSE, LOSS, ACTION, CLAIM, OR DAMAGE, INCLUDING LOSS OF TIME, LOSS OF OPPORTUNITY, LOSS OF BUSINESS, LOSS OF EARNINGS, OR INJURY TO PERSON (INCLUDING DEATH) OR PROPERTY.
DISCLAIMER OF ALL OTHER WARRANTIES
ALL PRODUCTS, SERVICES, MATERIALS, INFORMATION, AND OTHER CONTENT ON THIS SITE ARE PROVIDED ON AN “AS IS” BASIS. The Linc Active™ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY TYPE, NEITHER EXPRESS NOR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, MATERIALS, CONTENT, PRODUCTS, OR SERVICES CONTAINED HEREIN. The Linc Active™ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ALL TYPES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SITE USAGE POLICY
The Website may be used only for lawful purposes. The transmission, storage, routing, or presentation of any information, data or material in violation of any applicable local, state, or federal law or regulation, or in violation of this Site Usage Policy is strictly prohibited. Examples of such information, data, or material include unauthorized reproduction, publication, distribution or other use of copyrighted works, patents, inventions, trademarks, trade secrets; research, development, plans, materials or other data that are prohibited by the United States Export Control Regulations; or the dissemination of harmful, harassing, or fraudulent content. Any conduct by any user that constitutes harassment, fraud, stalking, abuse, or a violation of applicable law is strictly prohibited. Using the Website to perform, or solicit the performance of, any illegal activity is also strictly prohibited. In addition to the forgoing, the following uses are strictly prohibited and all users agree not to engage in such conduct, directly or indirectly:
a. Posting or transmitting any unsolicited advertising, promotional materials, junk mail, "spam," chain letters/emails, telephone calls or any other form of solicitation to anyone.
b. Spamming any email address that appears on the Website.
c. Posting any multi-level-marketing, pyramid scheme, "club membership," distributorship or sales representative agency arrangement or other business or commercial opportunity.
d. Including any hidden text in your postings, including words in white or otherwise invisible font.
e. Deleting or revising any material posted by any other person or entity.
f. If you have a password allowing access to a nonpublic area of the Website, you are prohibited from sharing or disclosing it to any third party, and from allowing any third party to access the Website under your account.
g. Using, or attempting to use, any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, bots, avatars or intelligent agents) to navigate or search the Website, other than (i) the search engine and search agents available on the Website, and (ii) generally available third party web browsers.
h. Accessing the Website by any means other than through the interface that is provided for use in accessing the Website.
i. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising a part of the Website.
j. Aggregating, copying or duplicating in any manner any of the materials or information available from the Website.
COLLECTION OF YOUR INFORMATION
We may collect information about you in a variety of ways. The information we may collect via the Site depends on the content and materials you use, and includes: Personal Data Demographic and other personally identifiable information (such as your name and email address) that you voluntarily give to us when choosing to participate in various activities related to the Site, such as making a purchase, registering an account, sending feedback or responding to surveys. If you choose to share data about yourself via your profile or other interactive areas of the Site, please be advised that all data you disclose in these areas is public and your data will be accessible to anyone who accesses the Site. Derivative Data Information our servers automatically collect when you access the Site, such as your native actions that are integral to the Site, as well as other interactions with the Site via server log files. Financial Data Financial information, such as data related to your payment method (e.g. valid credit card number, card brand, expiration date) that we may collect when you purchase, order, or request information about our goods or services from the Site. Data from Social Networks User information from social networking sites, such as YouTube, Facebook, Google+, Instagram, Pinterest, or Twitter, including your name, your social network username, location, gender, birth date, email address, profile picture, and public data for contacts, if you connect your account to such social networks. This information may also include the contact information of anyone you invite to use and/or join the Site. Geo-Location Information We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using the Site, to provide location-based services and for other purposes. If you wish to change our access or permissions, you may do so in your device’s settings. Push Notifications We may request to send you push notifications regarding your account or the Site. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings. Third-Party Data Information from third parties, such as personal information or network friends, if you connect your account to the third party and grant the Site permission to access this information. Data From Contests, Giveaways, and Surveys Personal and other information you may provide when entering sweepstakes, games, tournaments, contests or giveaways and/or responding to surveys.
USE OF YOUR INFORMATION
Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Site to: 1. Administer sweepstakes, promotions, games and contests. 2. Respond to a subpoena. 3. Compile anonymous statistical data and analysis for use internally or with third parties. 4. Create and manage your account. 5. Deliver targeted advertising, coupons, newsletters, and other information regarding promotions and the Site to you. 6. Email you regarding your account or order. 7. Enable user-to-user communications. 8. Fulfill and manage purchases, orders, payments, and other transactions related to the Site. 9. Generate a personal profile about you to make future visits to the Site more personalized. 10. Increase the efficiency and operation of the Site. 11. Monitor and analyze usage and trends to improve your experience with the Site. 12. Notify you of updates to the Site 13. Offer new products, services, mobile applications, and/or recommendations to you. 14. Perform other business activities as needed. 15. Prevent fraudulent transactions, monitor against theft, and protect against criminal activity. 16. Process payments and refunds. 17. Request feedback and contact you about your use of the Site. 18. Resolve disputes and troubleshoot problems. 19. Respond to product and customer service requests. 20. Send you a newsletter. 21. Solicit support for the Site.
DISCLOSURE OF YOUR INFORMATION
SECURITY OF YOUR INFORMATION
We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. We cannot guarantee complete security if you provide personal information.
POLICY FOR CHILDREN
We do not knowingly solicit information from or market to children under the age of 13. If you become aware of any data we have collected from children under age 13, please contact us using the contact information provided below.
CONTROLS FOR DO-NOT-TRACK FEATURES
OPTIONS REGARDING YOUR INFORMATION
CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below. If you are under 18 years of age, reside in California, and have a registered account with the Site, you have the right to request removal of unwanted data that you publicly post on the Site. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Site, but please be aware that the data may not be completely or comprehensively removed from our systems. Transfer of Data You agree that any data we collect may be stored, processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this policy. The information that we collect may be transferred to the following countries whose data protection laws may be less restrictive and not equivalent to those in the European Economic Area: the United States of America. Unless otherwise stated, the data is processed in the United States of America and at any other location where other parties processing information are located.