Terms of Service
These Terms of Service constitute the agreement ("Agreement") between LINX Satellite, Inc., a Utah corporation ("we," "us" “Company” or "LINX ") and the user ("you," "user" or "Customer") for the provision and use of LINX residential and small business communications services and any related products or services ("Service"). This Agreement governs both the Service and any devices, such as an IP phone, Multimedia Terminal Adapter, Analog Telephone Adapter or any other IP connection device ("Device" or "Equipment"), used in conjunction with the Service.
BY SUBSCRIBING TO OR USING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE.
1. SERVICE
1.1 Term. You agree to purchase phone service for a minimum of 24 months from the date of initial activation of each service (“Initial Term”). The service term will automatically continue from year to year after the Initial Term unless cancelled be either of Us in writing no later than thirty (30) days before the end of the Initial Term or a renewal term. If after activation, but before the end of the Initial Term or renewal term, You elect to terminate this Agreement or Your service is disconnected for any reason, and monthly fees or other fees and charges have not been paid in full, Your account or Your Qualifying Card, will automatically be charged a cancellation fee for by Us equal to $15.00 multiplied by the number of months remaining in the Initial Term or renewal term. Expiration of any Term or termination of Service will not excuse you from paying all accrued and unpaid charges due under this Agreement.
1.2 Customer Service. We assume no obligation to provide support services for any third party products or services, or for problems with our service caused by third party products or services. Unless you have entered into a separate services agreement with us, we may change the customer service options at any time.
1.3 Use of Service and Device. The Service and Equipment are provided to you solely for your use. You shall not resell or transfer the Service or Equipment to another party without our prior written consent. All Equipment provided to you under this Agreement for phone services remains the property of the Company at all times and you agree that within 30 days of termination or disconnection of Service as described below, you will return all Equipment in good operating condition, normal wear and tear expected, to the Company or be subject to applicable charges found in Section 1.8. You are responsible for and shall bear all costs and expenses to return such Equipment. You are prohibited from using the Service or Equipment for: (1) auto-dialing, continuous or extensive call forwarding; (2) telemarketing (including, without limitation, call center activities, charitable or political solicitation or polling); (3) fax or voicemail broadcasting or fax or voicemail blasting; (4) any unlawful purpose; (5) any actions deemed threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or any similar behavior; and (6) any similar activities (each a “Prohibited Use”). If the Company determines, in its sole and absolute discretion, that you have at any time used the Service or Equipment for any Prohibited Use, the Company may: (1) immediately terminate or modify your Service; (2) charge an administrative fee of US$100.00 per day of Service during which Customer engaged in the Prohibited Use; and/or (3) take all other actions necessary to prevent the Prohibited Use. If your Service is terminated by the Company pursuant to Section 1, in addition to all other charges provided herein, you will be responsible for the full charges through the Term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service. If we believe that you have used the Service or Equipment for any Prohibited Use, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, LINX will provide information in response to law enforcement requests, subpoenas, court orders, to protect it's rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others.
1.4 Use of Service and Equipment by Customers Outside the
1.5 Copyright; Trademark; Unauthorized Usage of Device; Firmware or Software.(a) Copyright; Trademark. The Service and Device and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on our websites are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All of our websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") are and will at all times remain our exclusive property. Nothing in this Agreement grants you the right or license to use any of our marks.
(b) Unauthorized Usage of Device; Firmware or Software. You have not been granted any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. You expressly agree that the Device is exclusively for use in connection with the Service and that we will not provide any passwords, codes or other information or assistance that would enable you to use the Device for any other purpose. We reserve the right to prohibit the use of any interface device that we have not provided to you. You hereby represent and warrant that you possess all required rights, including software and/or firmware licenses, to use any interface device that we have not provided to you. In addition, you shall indemnify and hold us harmless against any and all liability arising out of your use of such interface device with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.
1.6 Tampering with the Device or Service. You shall not change the electronic serial number or equipment identifier of the Device or perform a factory reset of the Device without our prior written consent. We reserve the right to terminate your Service if we believe, in our sole and absolute discretion, you have tampered with the Device. In the event of such termination, you will remain responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will immediately become due and payable. You shall not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose.
1.7 Theft of Service. You shall notify us immediately, in writing a letter or email to our customer support, if the Device is stolen or if you become aware at any time that your Service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. When you write, you must provide your account number and a detailed description of the circumstances of the Device theft, fraudulent use or unauthorized use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. Until such time as we receive notice of the theft, fraudulent use or unauthorized use, you will be liable for all use of the Service from a Device stolen from you and any and all stolen, fraudulent or unauthorized use of the Service.
1.8 Return of Device and Phone. If a phone was provided to you for free during the Initial Term and your service is terminated during the Initial Term you will be charged $35.00. Customers may return the Device to us within thirty (30) days of the termination of Service or the customer will be charged $80.00 for the Device provided:
* the Device is in original condition, reasonable wear and tear excluded;
* the original proof of purchase are returned with the Device, together with the original packaging, all parts, accessories, and documentation;
* you pay all costs of shipping the Device back to us.
If you receive cartons or Devices that are visibly damaged, you must note the damage on the carrier's freight bill or receipt and keep a copy. In such event, you must keep the original carton, all packing materials and parts intact in the same condition in which they were received from the carrier and contact our customer care department immediately at support@linxcommunications.com or 1-800-404-5469.
1.9 Number Transfer on Service Termination. Upon the termination of your Service, we may, in our sole and absolute discretion, release to your new service provider the telephone number that you ported (transferred or moved over) to us from your previous service provider and used in connection with your Service if:
* such new service provider is able to accept such number;
* your account has been properly terminated;
* your account is completely current, including payment for all charges and applicable termination fees; and
* you request the transfer upon terminating your account.
You may be able to take, or "port," your current number to another service provider. If you ask your new service provider to port a number from us, we will terminate our Service for that number promptly after we receive notification from our competitive local exchange carrier that the porting of your number to your new service provider has been completed successfully. We will terminate our Service in this fashion even if you have not independently called us to request disconnection. Once your Service is terminated in this manner, you will remain responsible for all charges and fees through the end of the current billing cycle, including any unbilled charges, as well as for any disconnection or recovery fees that may be applicable. If a port is unsuccessful for any reason, then unless you independently call us to request disconnection or unless we determine to disconnect your line as stated in these Terms of Service, your Service and your Agreement with us will not terminate, you will remain a Linx customer, and you will continue to be responsible for all charges and fees associated with your Linx Service.
1.10 Service Distinctions. The Service is not a telecommunications service and we provide it on a best efforts basis. There are important distinctions that exist between telecommunications service and the Service offering that we provide. The Service is subject to different regulatory treatment than telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies. The Service requires a high speed broadband connection which we do not provide. Events beyond our control may affect our service, such as power outages, fluctuations in the internet, your underlying ISP or broadband service, or maintenance. We will act in good faith to minimize disruptions to your use of and access to our service.
1.11 Ownership and Risk of Loss. You do not own the Device but lease it from the Company for a pre-determined amount, at least $1.00 a month or more, and bear all risk of loss of, theft of, casualty to or damage to the Device, from the time it is shipped to you until the time (if any) when it is returned to us in accordance with this Agreement.
1.12 No 0+ or Operator Assisted Calling; May Not Support x11 Calling. The Service does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls or calling card calls). The Service may not support 311, 511 and/or other x11 (other than certain specified dialing such as 911 and 411, which are provided for elsewhere in this Agreement) services in one or more (or all) service areas.
1.13 No Directory Listing. The phone numbers you obtain from us will not be listed in any telephone directories. Phone numbers transferred from your local phone company may, however, be listed.
1.14 Incompatibility With Other Services.
(a) Non-Voice Equipment Limitations. You acknowledge that our Service may not be compatible with all non-voice communications equipment, including but not limited to home security systems, TTY, medical monitoring equipment, certain versions of TIVo, satellite television systems, PBX, Centrex, other private telephone networks, or computer modems. You waive any claim against Linx for interference with or disruption of these services and equipment, as well as any claim that Linx is responsible for any disruption to your business, if applicable.
(b) Certain Broadband and Cable Modem Services. You acknowledge that some providers of broadband service may provide modems that prevent the transmission of communications using the Service. We do not warrant that the Services will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of the Service with any particular broadband service.
1.15 Residential Use of Service. If you subscribe to our residential service plans, we provide you with service and the device solely for single family, normal residential, non-commercial use. Single family refers to you and those of your immediate family members who reside in your personal residence – e.g., spouse, domestic partner, and/or children. If you subscribe to a service plan which permits use of more than one device with the same voice line, the basis for assessing such use will not change.
1.16 Small Business Plans. If you subscribe to any of our small business plans, we provide our Service, features and the device to you solely for use as a small business user or domestic business traveler. The following uses are not considered small business uses and are not permitted under small business plans: autodialing; continuous or extensive call-forwarding or conferencing, inbound/outbound centralized or distributed call center activity, telemarketing of any kind (including, but not limited to, charitable or political solicitation or polling); fax or voicemail broadcasting and fax or voicemail blasting. If you subscribe to Business Plus, you are responsible for supplying, operating, and supporting the standard SIP based Customer Premise Equipment for use with the service. As the subscriber and operator or administrator of this equipment, you are responsible for maintaining the security of the equipment, including but not limited to the physical and network security elements of your device.
1.17 Inconsistent with
· Commercial, not-for profit, governmental use or other similar use
· The use of the service at a multi-residential address for more than one single residence; or
· The use of the service by others who do not reside in your personal residence primarily by reason of its unlimited feature
1.18 Passwords. You will be asked to create a password in order to gain access to your account information on-line or when contacting a Linx agent by phone. You agree to keep all passwords and account information confidential and are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality, and for all activities that occur under your password. You must immediately notify us if you suspect any breach of security such as loss, or unauthorized disclosure or use of your password and account.
1.19 Changes to Service Plans. Our Service is subject to our business policies, practices and procedures, which we can change at any time without notice. Unless otherwise prohibited by applicable law, we can also change the terms and conditions of your Service plan (such as features and prices) at any time, with or without notice. If we do give you notice, it may be provided on your account web page or monthly bill, in a newsletter, in a mailing, by e-mail, by telephone or other communication permitted under applicable law.
2. EMERGENCY SERVICES - 911 DIALING
2.1 Non-Availability of Traditional 911. E911 service is different from traditional wireline 911. E911 calls are directed to a Public Service Answering Point (PSAP). The PSAP answers the call and dispatches the appropriate emergency services. The 911 Dialing feature may not work at all when used in conjunction with a Soft Phone, Virtual Numbers or Subscriber provided Customer Premise Equipment. The documentation that accompanies each Device that you purchase should include a sticker concerning the potential non-availability E911 dialing (the "911 Sticker"). It is your responsibility to place the 911 Sticker on each Device that you use with the Service. If you did not receive a 911 Sticker with your Device, or you require additional 911 Stickers, please contact our customer care department at (800) 404-5469.
2.2 Registration of Physical Location Required. For each phone number that you use for the Service, you must register with LINX the physical location where you will be using the Service with that phone number. When you move the Device to another location, you must register your new location. If you do not register your new location, any call you make using the E911 Dialing feature may be sent to an emergency center near your old address. We will register your initial location with the address provided when you subscribe to the Service. Thereafter, you may register a new location by contacting Linx support at (800) 404-5469. For purposes of the E911 Dialing feature, you may only register one location at a time for each phone line you use with the Service.
2.3 With E911, when you dial 911, local emergency operators answering the call may not see your telephone number or your registered address. The emergency center may not be equipped to receive, capture or retain your telephone number and registered address, so you must be prepared to give them this information. Until you give the operator your phone number, he/she may not be able to call you back or dispatch help if the call is dropped or disconnected, or if you are unable to speak.
2.4 Service Outages.
(a) Service Outages Due to Power Failure or Disruption. E911 Dialing does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 Dialing, will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the Device prior to utilizing the Service, including E911 Dialing.
(b) Service Outages Due to Internet Outage or Suspension or Termination of Broadband Service or ISP Service. Service outages or suspensions or terminations of service by your broadband provider or ISP will prevent all Service, including E911 Dialing, from functioning.
(c) Service Outage Due to Suspension or Termination of Your LINX Communications Account. Service outages due to suspension or termination of your account will prevent all Service, including E911 Dialing, from functioning.
(d) Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts. Your ISP or broadband provider or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. In that event, provided that you alert us to this situation, we will attempt to work with you to resolve the issue. During the period that the ports are being blocked or your Service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, your Service, including the 911 Dialing feature, may not function. You acknowledge that LINX is not responsible for the blocking of ports by your ISP or broadband provider or any other impediment to your usage of the Service, and any loss of service, including 911 Dialing, that may result. In the event you lose service as a result of blocking of ports or any other impediment to your usage of the Service.
(e) Other Service Outages. If there is a Service outage for any reason, such outage will prevent all Service, including 911 Dialing, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement.
2.5 Re-Activation Required if You Change Your Number or Add or Port New Numbers. 911 Dialing does not function if you change your phone number or if you add or port new phone numbers to your account, unless and until you successfully register your location of use for each changed, newly added or newly ported phone number. Please register IMMEDIATELY.
2.6 Network Congestion; Reduced Speed for Routing or Answering 911 Dialing Calls. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 Dialing call made utilizing the Service as compared to traditional 911 dialing over traditional public telephone networks.
2.7 Possible Lack of Automatic Number Identification. It may or may not be possible for the local emergency personnel to automatically obtain your phone number when you use 911 Dialing. Our system is configured to send the automatic number identification information; however, one or more telephone companies, not us, route the traffic to the emergency response center and that center may not be capable of receiving and passing on that information. As a result, the operator who answers your 911 Dialing call may not be able to automatically obtain your phone number and call you back if the call is not completed or is not forwarded, is dropped or disconnected, if you are unable to speak to tell the operator your phone number, or if the Service is not operational for any reason.
2.8 Disclaimer of Liability and Indemnification. We do not have any control over whether, or the manner in which, calls using our 911 Dialing service are answered or addressed by any local emergency response center. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing 911 Dialing calls to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither LINX nor its officers, directors, employees, affiliates or agents may be held liable for any claim, damage, or loss. You hereby waive any and all such claims or causes of action, arising from or relating to our 911 Dialing service unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless LINX, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the Service to be able to use 911 Dialing or access emergency service personnel.
2.9 Alternate 911 Arrangements. If you are not comfortable with the limitations of the 911 Dialing service, you should consider having an alternate means of accessing traditional 911 or E911 services or terminating the Service.
3. CHARGES; PAYMENTS; TAXES; TERMINATION
3.1 Billing. When the Service is activated, you must provide us with a valid email address and a credit or debit card number from a card issuer that we accept. We reserve the right to stop accepting credit or debit cards from one or more issuers. Late payments will be subject to a late payment fee of $15 or 15% of the billed amount, whichever is greater, and returned electronic check payments will be subject to a returned check fee of $15. If your credit or debit card expires, you close your account, your billing address changes, or your credit or debit card is cancelled and replaced on account of loss or theft, you must advise us at once. We will bill all charges, applicable taxes and surcharges monthly in advance (except for usage-based charges, which will be billed monthly in arrears, and any other charges which we decide to bill in arrears) to your credit or debit card, including but not limited to:
* activation fees;
* monthly Service fees;
* international usage charges;
* advanced feature charges;
* equipment purchases;
* termination fees; and
* disconnection fee;
* shipping and handling charges
The amount of such fees may change from time to time. Notification of monthly charges will be sent to you via your email address on file with us or by paper bill. We reserve the right to bill at more frequent intervals if the amount you owe to us at any time exceeds $75. Any usage charges will be billed in increments that are rounded up to the nearest minute except as otherwise set forth in the rate schedules found on our website.
3.2 Billing Disputes. You must notify us in writing within seven (7) days after receiving your credit or debit card statement if you dispute any LINX charges on that statement or you will be deemed to have waived any right to contest such charges. All notices of disputed charges should be sent to:
LINX Support
LINX Communications
1875 N. 1120 W.
-or- support@linxcommunications.com
3.3 Other Commitments. If a promotional or plan benefit (such as an equipment upgrade, a free month of service, free installation, a rebate, or other incentive) is provided to you at no charge or at a specified amount off of our then current normal charge and is premised on your maintaining Linx service for a particular length of time then, unless otherwise specified in the offer you received, the specified period begins on the day that you accept the promotion or benefit which is generally the date of your order but may be the date your first payment is processed. If you terminate your Service before that period of time expires, then you will be subject to a recovery fee equal to the amount of the promotional or plan benefit that was specified on the date that it was provided to you, less the amount, if any, that you paid for the promotional or plan benefit in connection with your acceptance of same. You remain responsible for all usage charges that are outside of the promotional or plan benefit.
3.4 Termination; Discontinuance of Service. We reserve the right to suspend or discontinue the Service generally, or to terminate your Service, at any time in our sole and absolute discretion. If we discontinue the Service generally, or terminate your Service without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month's charges. If your Service is terminated on account of your breach of any provision of this Agreement, or as otherwise provided in this Agreement, you will be responsible for the full month's charges to the end of the Term, including, without limitation, unbilled charges, plus the Termination Fee, if applicable, all of which will immediately become due and payable. In order to terminate your service, you must contact Linx, at the following toll-free number,(800) 404-5469, or by mail at 1875 N. 1120 W.,
- If we determine that you have used our Service or the Device for an unlawful or inappropriate purpose. If we determine that the use or content does not conform to the requirements in this agreement or that it interferes with our ability to provide Service to you or others.
-If any charge to your payment method is declined or reversed, your payment method expires and you have not provided us with a valid replacement payment method, or in case of any other non-payment of account charges.
-If we determine that you have used our Service or your Device in violation of laws of jurisdictions outside of Linx service areas.
-If we determine that your use of the Service, features, or the Device is, or at any time was inconsistent with normal inbound or outbound usage patterns for the type of service or plan that you have purchased, or that you have at any time used the Service, feature or the Device for any of these or similar activities.
-If we determine that you have tampered with your Device.
Our action or inaction under this section does not constitute any review or approval of your action or use or content.
3.5 Payment and Collection.
(a) Payment. We accept payment by credit or debit card and by check or cash. Your subscription to the Service authorizes us to charge your credit or debit card. This authorization will remain valid until thirty (30) days after we receive written notice from you terminating our authority to charge your credit or debit card, whereupon we will charge your credit or debit card for the termination fee, if applicable, and any other outstanding charges and terminate your Service. We may terminate your Service at any time in our sole and absolute discretion if any charge to your credit or debit card is declined or reversed, your credit or debit card expires and you have not provided us with a valid replacement credit or debit card or in case of any other non-payment of account charges.
(b) Collection. If your Service is terminated, you will remain fully liable to us for all charges pursuant to this Agreement and any and all costs we incur to collect such amounts, including, without limitation, collection costs and attorney's fees. Any charges due by you to the Company may be collected by any/all means, including without limitation, charging your credit card or debit/check card or checking account that you initially provided to Us (“Qualifying Card”). In the event the Company elects to charge your Qualifying Card, you hereby authorize the issuer of the Qualifying Card to pay the authorized amount without submission of a signed receipt, and agree that this Agreement constitutes authorization. You authorize Us to continue to charge, and/or place holds with respect to, the authorized amounts, or any portion thereof, to the Qualifying Card until such amounts are paid in full. The Company shall have no liability whatsoever for any insufficient funds, rejected debit, or other charges incurred by you as a result of such attempts to charge, and/or place holds on, the Qualifying Card. In the event your account is placed into collections, you further agree to pay all costs related to collections (up to 40% in addition to the amount due) and any attorney fees and court costs. Any past due balances will accrue interest at the rate of 18% per annum. You further agree that this Agreement shall be governed by the laws of the State of
3.6 Notices. You agree to promptly update your account information whenever your personal or billing information changes (including, for example, your name, address, e-mail address, telephone number, and credit/debit card number and expiration date). You acknowledge and agree that Linx will be sending you information regarding your service, including via e-mail, over the Internet. If notices are sent by us to the last email address provided by you, you agree that we have provided sufficient email notice and you waive any rights to assert failure of notice.
You understand that it is difficult for us to distinguish between credit and debit cards. You agree to waive your rights under Regulation E to receive ten (10) days advance notice from us regarding the amount that we will debit from your account. While we may send you messages about your billing from time to time, we are not obligated to do so. We may change or cease our messages at any time without notice to you.
3.7 Taxes. You are responsible for all applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service or a Device. Such amounts are in addition to payment for the Service or Devices and will be billed to your credit card as set forth in this Agreement. If you are exempt from payment of such taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such certificate.
3.8 Termination Fee. If after activation, but before the end of the Initial Term (See Section 1.1), you elect to terminate this Agreement or your service is disconnected for any reason, and monthly fees or other fees and charges for the Initial Term have not been paid in full, your account or your Qualifying Card, will automatically be charged a cancellation fee equal to $15.00 multiplied by the number of months remaining in the Initial Term plus a disconnection fee of $39.99. Any time you disconnect your service a $39.99 disconnection fee will apply.
3.9 Payphone Charges. If you use our Toll Free feature or any toll free feature that we offer in the future, we will be entitled to recover from you any charges imposed on us either directly or indirectly in connection with toll free calls made to your number. We may recover these amounts by means of a per-call charge, rounded up to the nearest cent, or in such other fashion as we deem appropriate for the recovery of these costs.
3.10 Charges for Directory Calls (411). We will charge you $1.25 for each call made to LINX directory assistance.
4. LIMITATION OF LIABILITY; INDEMNIFICATION; WARRANTIES
4.1 As Is Services. You agree that our Services are provided “as is,”.
4.2 Limitation of Liability. You hereby agree to hold Company harmless for any delay or failure to provide the Service, including 911 Dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:
* an act or omission of an underlying carrier, service provider, vendor or other third party;
* equipment, network or facility failure;
* equipment, network or facility upgrade or modification;
* force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions;
* equipment, network or facility shortage;
* equipment or facility relocation;
* service, equipment, network or facility failure caused by the loss of power to you;
* outage of, or blocking of ports by, your ISP or broadband service provider or other impediment to usage of the Service caused by any third party;
* any act or omission by you or any person using the Service or Device provided to you; or
* any other cause that is beyond our control, including, without limitation, a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications (including, without limitation, 911 Dialing) to be connected or completed, or forwarded.
Our aggregate liability under this agreement will in no event exceed the Service charges with respect to the affected time period.
4.3 No Credit Allowances for Interruption of Linx Service. We will not give you credit for any interruption of Linx Service, including international calling services.
4.4 Disclaimer of Liability for Damages. IN NO EVENT WILL LINX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE 911 DIALING SERVICE OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
4.5 Indemnification. You shall defend, indemnify, and hold harmless LINX, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of the Service, relating to the Services, including, without limitation, 911 Dialing, or the Equipment.
4.6 No Warranties on Service. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE OR DEVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER LINX NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES DEVICES, OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THE SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF LINX OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY LINX OR LINX AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.
4.7 Device Warranties.
(a) Limited Warranty. Except as set forth herein, if you received the Device new from us and the Device included a limited warranty at the time of receipt, you must refer to the separate limited warranty document provided with the Device for information on the limitation and disclaimer of certain warranties. Remedies for breach of any such warranties will be limited to those expressly set forth in such documentation.
(b) No Warranty. If your Device did not include a limited warranty from us at the time of receipt, you are accepting the Device "as is". You are not entitled to replacement, repair or refund in the event of any defect.
5. MISCELLANEOUS
5.1 Governing Law. This Agreement and the relationship between you and us are governed by the laws of the State of
5.2 Mandatory Arbitration and No Jury Trial. Any dispute or claim between you, any member of your household or any guest or employee of you and us arising out of or relating to the Service or Device will be resolved by arbitration before a single arbitrator administered by the American Arbitration Association (the “AAA”) in accordance with its Commercial Arbitration Rules. The arbitration will take place in
5.3 Time for Filing Claims. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed with the AAA within one year after such claim or cause of action arose or be forever barred.
5.4 No Waiver of Rights. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
5.5 Survival. The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive.
5.6 No Third Party Beneficiaries. No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
5.7 Entire Agreement. This Agreement, including any future modifications or postings (as may occur within the terms of the Agreement, and the rates for Services found on our website constitute the entire agreement between you and LINX and govern the use of the Service by you, members of your household, guests and employees. This Agreement supersedes any prior agreements between you and LINX and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.
5.8 Severability. If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
6. FUTURE CHANGES TO THIS AGREEMENT
We may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on www.linxcommunications.com (each a “Posting”). Postings will become binding on you on the date they are posted to our website and no further notice by us is required upon your continued use of the Service. This Agreement, as amended by any subsequent Posting, supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms included with the packaging of the Device and also supersedes any written terms provided to Retail Customers in connection with retail distribution, including, without limitation, any written terms enclosed within the packaging of the Device.
7. PRIVACY
The Service utilizes, in whole or in part, public Internet and third-party networks to transmit voice and other communications. LINX is not liable for any lack of privacy which may be experienced with regard to the Service.