Linkable Networks, Inc. U.S. Terms of Service

WELCOME TO LINKABLE NETWORKS, INC US (“LINKABLE NETWORKS”). THIS IS AN AGREEMENT WHICH GOVERNS AND AFFECTS YOUR RIGHTS WITH LINKABLE NETWORKS AND THE CARD LINKED OFFER SERVICES (THE “LINKABLE NETWORKS SERVICE”) WHICH LINKABLE NETWORKS PROVIDES THROUGH THE “MYLINKABLES.COM” DOMAIN NAME (THE “WEBSITE”) EITHER DIRECTLY OR THROUGH THE USE OF ANY MOBILE APPLICATION. BY CLICKING THE “AGREE” BUTTON BELOW AND REGISTERING TO USE THE SERVICES, OR BY ACCESSING THE LINKABLE NETWORKS SERVICE IN ANY MANNER, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS OF USE FOR THE SERVICES (INCLUDING WITHOUT LIMITATION ANY UPDATES, MODIFICATIONS, OR REINSTALLATION OF ANY SOFTWARE OR PATCHES TO ADDRESS SECURITY, INTEROPERABILITY AND/OR PERFORMANCE ISSUES), AS THE SAME MAY BE AMENDED FROM TIME TO TIME. THE MOST CURRENT VERSION OF THIS AGREEMENT MAY BE FOUND BY CLICKING ON THE “TERMS OF SERVICE” LINK LOCATED ON THE WEBSITE. THE MOST CURRENT VERSION WILL SUPERSEDE ALL PREVIOUS VERSIONS.

YOU AFFIRM THAT YOU ARE RESIDENT IN THE UNITED STATES AND THAT YOU WILL ONLY ACCESS THE WEBSITE THROUGH AN INTERNET SERVICE PROVIDER IN THE UNITED STATES, YOU ARE NOT USING A PROXY SERVER AND THAT YOU ARE NOT ACCESSING THE WEBSITE THROUGH AN AUXILIARY COMPUTER WHICH IS INTENDED TO DECEIVE YOUR GEOGRAPHIC LOCATION.

YOU AFFIRM THAT YOU HAVE NOT ESTABLISHED ANY OTHER ACCOUNT OR REGISTRATION WITH LINKABLE NETWORKS AND THIS ACCOUNT AND PASSWORD IS THE ONLY ACCOUNT AND REGISTRATION WHICH YOU MAINTAIN WITH LINKABLE NETWORKS.

BEFORE YOU MAY USE THE SERVICES, YOU MUST READ AND AGREE TO THESE TERMS OF SERVICE. THANK YOU.

Acceptance of Terms of Service

BY USING LINKABLE NETWORKS, INC.’S (“LINKABLE NETWORKS,” “WE” OR “US”) LINKED OFFER SERVICES, WHETHER DELIVERED BY MEANS OF THIS WEBSITE OR THROUGH USE OF ANY LINKABLE NETWORKS MOBILE APPLICATION (COLLECTIVELY, THE “LINKABLE NETWORKS SERVICE”), YOU, THE USER (“YOU”) ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE (THIS “AGREEMENT”). THIS IS A LEGALLY BINDING AGREEMENT. If you do not agree to this Agreement, you are not permitted to register for the Linkable Network Service or receive the benefits of any Offers (as defined below).


Description of the service

The Linkable Networks Service is an online application that enables promotional offers for discounts and rebates (“Offers”) made primarily by third parties (“Merchants”) to be linked to your existing credit or debit cards (collectively your “Payment Card”). When you use a Payment Card that you have linked to an Offer to purchase the item promoted by the Offer, your use of the Linkable Networks Service will enable you to receive the value of the Offer from the Merchant.


Limitations on use

You must be at least 18 years old to use the Linkable Networks Service. If you are not 18, you are not permitted to use the Linkable Networks Service.


Registration

In order to use the Linkable Networks Service, you are required to register with us and provide us with certain information. You, the end user, agree to provide true, accurate, current and complete information about yourself and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. You are responsible for your own registration and all use of the Linkable Networks Service under it. You shall not share your password nor use the Linkable Networks Service through using the registration of any third party. Your registration, and this Agreement, are personal to you, and are not transferable by you to any third party without the prior written consent of Linkable Networks. Please understand that at no time will Linkable Networks have access to your Payment Card account number.


Offer Linking and Confirmation

The Linkable Networks Service will allow you to link Offers to your Payment Card. The linking process is initiated by your selecting an Offer to be linked to a Payment Card. The selection process will vary based on the Offer medium. In all instances, Linkable Networks will send you an email or other electronic communication confirming that the selected Offer has been linked to your Payment Card. Please note than an Offer is not linked until you receive confirmation. Once you receive confirmation, you will automatically receive the benefit of the Offer if you comply with the Offer requirements, unless you subsequently opt out of the Offer, and if the Merchant has complied with its obligations to fulfill the Offer.


Offer Terms and Conditions

Offers will be subject to additional terms and conditions that are specific to the Offer. The Offer terms and conditions will be available to you by inclusion in, or hyperlink reference to, such terms and conditions in the advertisement or email that promotes the Offer (or as part of the Offer confirmation email), and such terms and conditions also will form part of this Agreement. Such terms and conditions may specify, without limitation: the identity of the Merchant(s) honoring the Offer; the value of the Offer; the number of times the Offer may be redeemed; the date and time on which the Offer expires; any merchandise and/or services excluded from the Offer; or that an Offer that may only be used with a specific Payment Card issuer. Copying, tampering with, altering, selling or otherwise dealing in any Offer is prohibited. Any fraudulent use of any Offer or use of the Offer in violation of this Agreement or the terms and conditions specific to the Offer renders the Offer void. Offers are void to the extent prohibited by law. Unless expressly allowed by the Merchant, Offers cannot be combined with any other offers, vouchers, certificates or promotions that may be offered by the Merchant.

The Offer is specific to the Merchant that issued it, and it may not be used for the redemption of goods and services from any other Merchant. The issuing Merchant is solely responsible for all aspects of redemption of the Offer, including the quality of the goods and services, paying for or honoring the Offer, and any liabilities, injuries, losses or damages you may suffer in connection with the use or redemption of the Offer or the underlying goods or services purchased. You must comply with all applicable terms and conditions of the Offer in order to be eligible for the benefits of the Offer. Failure to satisfy the terms and conditions of an Offer will result in the forfeiture of any rights to the value of an Offer.


Offer Redemption

An Offer is redeemed when you use the Payment Card to which an Offer has been linked to make a purchase that complies with the specific Offer terms and conditions. The Merchant making the Offer will be exclusively responsible for funding the Offer. Linkable Networks’ sole responsibility is to arrange for credit of the Offer benefit to your Payment Card or to another payment mechanism authorized by you after the Merchant honors the Offer; Linkable Networks will have no liability to you in the event that any Merchant fails to honor the Offer. In some circumstances, Linkable Networks itself may provide Offers to you; Linkable Networks will be responsible for honoring Offers that Linkable Networks itself makes. In the event the Merchant fails to properly fund the Offer, Linkable Networks shall inform you by e-mail (or text if you have provided us with your cell phone number) and instruct you to contact the Merchant for follow-up instructions.


Payment Card Account Access and Information

Linkable Networks maintains agreements with banks and other third party service providers to receive the necessary information to provide its Linkable Networks Service and to enable the transfer the value of the Offers redeemed by you to your Payment Card or other payment mechanism. By way of example, Linkable Networks may have an agreement with your card issuing bank providing for the registration of your Payment Card so that the Payment card can be linked to an Offer. However, even if Linkable Networks does not have an agreement with your Payment Card issuer, it has an agreement with a third-party service provider which has mechanisms in place for you to register your Payment Card so that your Payment Card still can be linked to an Offer. Once your Payment Card is registered, you will have a username and password given to you so that you can take advantage of the Linkable Networks Service. By using the Linkable Networks Service, you understand that Linkable Networks (and if applicable, a third party service provider) may access third party sites only as designated by you, on your behalf, and for the sole purpose of retrieving information requested by you, and to register for accounts requested by you (in this case, registering your Payment Card for the Offers). So that your Payment Card can be registered, You hereby grant Linkable Networks (and, if applicable, our third-party service provider) authority to access third party internet sites, servers or documents, retrieve information, and use your information, only as described above, and as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN LINKABLE NETWORKS OR OUR THIRD-PARTY SERVICE PROVIDER ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, LINKABLE NETWORKS AND/OR OUR THIRD-PARTY SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you.


LINKABLE NETWORKS Does Not Charge You Fees for the LINKABLE NETWORKS Service

The Merchant pays for the Linkable Networks Service! However, when you use the Linkable Networks Service, you may be subject to charges imposed by your wireless or other applicable carrier or other service providers for usage of your cellphone or mobile device or for text messaging. Payment of such charges is solely your responsibility.


Intellectual Property

Linkable Networks and/or its licensors are the sole owners of the LINKABLE NETWORKS Service and all text, images, sound, music, marks, logos, software, domains, and other content made available through it (“Linkable Networks Propertyā€¯). The Linkable Networks Property is protected by U.S. and international copyright and other intellectual property laws. The Linkable Networks Property is for your own personal and non-commercial use only, and Linkable Networks grants you a limited license to use the Linkable Networks Property solely on and in order to use the Linkable Networks Service. Without limitation, this means that you may not sell, export, license, modify, copy, reproduce, reverse engineer, reverse compile, create derivative works of, distribute or transmit the Linkable Networks Property (including, without limitation, any Java applets associated with the Linkable Networks Service) without Linkable Networks’ prior express written permission. Any unauthorized use of the Linkable Networks Service will terminate the limited license granted by us.

Linkable Networks and other marks, graphics, logos, icons and service names related to the Linkable Networks Service are registered and unregistered trademarks or trade dress of Linkable Networks, Inc. They may not be used without Linkable Networks’ prior express written permission. All other trademarks not owned by Linkable Networks that appear in connection with the Linkable Networks Service are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Linkable Networks.


Content You Provide

In the event you register your Payment Card with our third-party service provider, or directly through Linkable Networks as a result of Linkable Networks’ agreement with your bank, you are licensing to Linkable Networks and our third-party service provider the information, data, passwords, materials or other content (collectively, “Content”) you provide through or to the Linkable Networks Service. Linkable Networks (and, if applicable, our third-party service provider) may use, modify, display, distribute and create new material using such Content to provide the Linkable Networks Service to you. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, Linkable Networks and our third-party service provider may use the Content for the purposes set out above. As between Linkable Networks and our third-party service provider, Linkable Networks owns your confidential account information, understanding that the information will only be used for purposes of the Linkable Networks Service.


Electronic Communication

By using the Linkable Networks Service, you consent to receiving electronic communications and notices from Linkable Networks, including telephonically or by text. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.


Your Conduct

You agree not to engage in any inappropriate activity in connection with your use of the Linkable Networks Service, including but not limited to uploading, posting, e-mailing or otherwise sending or transmitting any material that contains viruses or any other harmful computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Linkable Networks Service; interfering with the servers or networks connected to the Linkable Networks Service or violating any of the procedures, policies or regulations of networks connected to the Linkable Networks Service, the terms of which are incorporated herein; impersonating any other person while using the Linkable Networks Service; conducting yourself in a vulgar, offensive, harassing or objectionable manner while using the Linkable Networks Service; using the Linkable Networks Service for any unlawful purpose; and/or reselling or exporting the software associated with the Linkable Networks Service. You shall comply with all applicable laws and regulations in connection with your use of the Linkable Networks Service.


Privacy

Any personal information that you submit or we collect when you are using the Linkable Networks Service is subject to the Linkable Networks Privacy Policy, the terms of which are incorporated into this Agreement. You can access our Privacy Policy here.


Use of Information and Comments Submitted

If you elect to submit any comments, information or ideas to Linkable Networks about the Linkable Networks Service (not including the personal information and Payment Card information you submit in order to use the Linkable Networks Service), Linkable Networks may use such comments, information or ideas without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Linkable Networks Service or other products or services.


Disclaimer and Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE LINKABLE NETWORKS SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LINKABLE NETWORKS AND ANY OF ITS SERVICE PROVIDERS (INCLUDING OUR THIRD-PARTY SERVICE PROVIDER) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

LINKABLE NETWORKS (AND, IF APPLICABLE, OUR THIRD-PARTY SERVICE PROVIDER) MAKES NO WARRANTY THAT (i) THE LINKABLE NETWORKS SERVICE OR REGISTRATION OF ANY PAYMENT CARD WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LINKABLE NETWORKS SERVICE OR REGISTRATION OF ANY PAYMENT CARD WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER GOODS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LINKABLE NETWORKS SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LINKABLE NETWORKS OR OUR THIRD-PARTY SERVICE PROVIDER THROUGH OR FROM THE LINKABLE NETWORKS SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.


Limitation of Liability

YOU AGREE THAT NEITHER LINKABLE NETWORKS OR OUR THIRD-PARTY SERVICE PROVIDER NOR ANY OF ITS OR THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF ITS OR THEIR AFFILIATES WILL BE LIABLE FOR ANY DAMAGES, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF LINKABLE NETWORKS OR OUR THIRD-PARTY SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE LINKABLE NETWORKS SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE LINKABLE NETWORKS SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE LINKABLE NETWORKS SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE LINKABLE NETWORKS SERVICE.


Indemnity

You agree to protect and fully compensate Linkable Networks and our third-party service provider and its or their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of the Linkable Networks Service, the registration of the Payment Card with our third-party service provider if applicable, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.


Release of Linkable Networks with Respect to Merchants’ Obligations

You acknowledge that the Merchant, and not Linkable Networks, is responsible for the redemption of the Offer and the quality of the goods and services supplied by the Merchant. You hereby release Linkable Networks from any and all claims and liability related to any goods or services of any Merchant, any act or omission of any Merchant, any issues in connection with the redemption of the Offer, and any act or omission of any other user of the Linkable Networks Service.

You acknowledge that you are aware of the following provisions of section 1542 of the California Civil Code (and similar provisions under other states’ law):
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor”
You expressly and voluntarily waive each and all claims, rights, or benefits you have or may have, whether such claims are currently known, unknown, foreseen or unforeseen, under section 1542 of the California Civil Code, or any other similar law of any other jurisdiction, to the full extent that you may lawfully waive such claims, rights and benefits in connection with this release.


Disputes

You agree that this Agreement and any claim, dispute or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law and equitable claims) between you and Linkable Networks arising from or relating to this Agreement, its application, interpretation or breach, termination or validity, the relationships which result from this Agreement, the Linkable Networks Service, Linkable Networks’ advertising or any related transaction shall, to the maximum extent permitted by applicable law, be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws rules. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Linkable Networks Service will be heard and resolved in the federal and state courts located in Boston, Massachusetts. Any claim or cause of action arising out of or related to your use of the Linkable Networks Service must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.


Right to Suspend or Terminate

Linkable Networks reserves the right in its sole discretion to suspend or terminate or restrict your use of the Linkable Networks Service at any time, with or without notice, for any or no reason whatsoever. Without limitation of the foregoing, Linkable Networks may in any event suspend or terminate your use of the Linkable Networks Service in the event you breach any provision of this Agreement.


Force Majeure

In no event shall Linkable Networks be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside Linkable Networks’ reasonable control.


General

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section. Our failure to enforce any provision of this Agreement shall not constitute a waiver of that or any other provision. You shall not assign or transfer this Agreement or any right or obligation hereunder to any third party. This Agreement sets forth the entire understanding and agreement between you and Linkable Networks with respect to the subject matter hereof.

To the extent your payment card is registered for an Offer through our third-party service provider, you agree that our third-party service provider is a third party beneficiary of this Agreement, with all rights to enforce such provisions as if our third-party service provider were a party to this Agreement.


Terms and Conditions Applicable to Use of Linkable Networks Notification Text Message (SMS) Service – 32075

Description and Message Frequency: If you register for Linkable Networks Notification Text Message Service, all associated text messages will be sent strictly on an opt-in basis. You can still elect to opt out at any point thereafter. Standard text messaging to registered user may occur at (i) the time of Offer selection/linkage, (ii) after an Offer is redeemed, (iii) as part of communications you agree to accept as part of linking and Offer to your Payment Card and (iv) when the Offer savings are credited to your Payment Card or sent to you by another authorized payment mechanism. Additional optional text messaging may occur relative to Offer expiration notifications, geo-specific Offer presentations, Offer notifications unrelated to user-selected card linked Offer transactions, and other notifications or messaging that are made available.

Linkable Networks supports most major carriers in the United States. Please check here for list of applicable supported carriers.

Cost: There are no premium charges for joining the Linkable Networks Notification Text Message Service. Standard carrier message and data rates apply to all text messages sent to or from Linkable Networks. For more information, check your mobile phone service plan or visit your carrier’s website.

Opt-Out: To opt-out of Notification Text Message Service, reply LINKSTOP to 32075. A response will be sent confirming opt-out.

Support: For support or information about our Notification Text Message Service, reply LINKHELP to 32075. Optionally, you may email us at support@mylinkables.com

Privacy: Please refer to our Privacy Policy for information about usage of personal information relating to your use of the LINKABLE NETWORKS Notification Text Message Service.


Contact Information

Linkable Networks, Inc.
268 Summer Street
5th Floor
Boston, MA 02210


Effective Date

This Agreement was last modified on: August 26, 2011