Linqrs.com Terms of Service
Last Updated: 12/17 2022
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO A BINDING ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 13.
These Terms of Use (the “Terms” or “Agreement”) set forth the terms and conditions under which individuals residing in the United States may use Linqrs.com and mobile app and/or the Linqrs.com Services (as defined below). Certain Linqrs.com Services are subject to additional policies, rules, and terms and conditions, which you may be required to agree to as a condition of using those Services (“Additional Terms”). In those cases, the applicable Additional Terms are outlined in the printed or online Service materials relating to those Services.
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Please read these Terms and any applicable Additional Terms before using the Site or the Services. By using the Site or the Services, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety whether or not you register as a user of the Site or Services (“Registered Users”).
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This Agreement contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against Linqrs.com to binding and final arbitration unless you opt out of the Agreement to Arbitrate (see Section 13 “Agreement to Arbitrate”) no later than 30 days after the date you first use the Linqrs.com Site or Services. Unless you opt-out: (1), you will only be permitted to pursue claims against Linqrs.com on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
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These Terms are subject to change by Linqrs.com at any time, subject to the following notification process. We will notify you about material changes in these Terms by sending a notice to the email address registered in your account or by placing a prominent notice on our Site so that you can choose whether to continue using our Services. Material changes will go into effect no less than 30 days after we notify you. Non-material changes or clarifications will take effect immediately upon posting the updated Terms on our Site. You should periodically check www.Linqrs.com for updates. Any use of the Site or the Services by you after the effective date of any changes will constitute your acceptance of such changes. These Terms supersede all prior versions of the Terms.
For purposes of these Terms, and except to the extent expressly excluded below, the “Site” shall mean www.Linqrs.com and any other websites, web pages, mobile applications, and mobile websites operated by Linqrs.com, Inc. (“Linqrs.com” or “we”) in the United States, and the “Services” shall mean any of the various services that Linqrs.com provides through the Site or any other channels, including without limitation, over the telephone. The “Site” and “Services” also include specific sites and services offered through Linqrs.com’s subsidiary, Blue Oceanus, Inc. (“Blue Oceanus”). However, the terms “Site” and “Services” do not include or involve the following:
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Websites, web pages, mobile applications, and mobile websites (and services offered through such channels) operated by Linqrs.com have separate terms of service that do not expressly incorporate these Terms by reference.
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Third-party entities such as professionals, insurance companies, and other corporate Linqrs providers may use the Linqrs.com Site or Services for marketing their services and/or recruiting employees.
1. Description of Services; Limitations; User Responsibilities
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1.1 About Our Services
Linqrs.com offers various Services to help its users find, coordinate, and maintain Professional quality services. The Services we offer include, among others:-
We provide a platform for individuals seeking Professional “white collar” services (such as insurance, finance, real estate, and legal
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We provide tools and information to help Seekers and Providers make more informed decisions.
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We provide a directory of entity Linqrs Providers that operate Linqrs-related businesses, such as insurance agents, financial advisors, real estate agents, and legal consultants.
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We provide an online and mobile app platform for Registered Users to communicate and share information with the Linqrs professionals who share a common interest.
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We offer through Braintree, Inc. (“Braintree”), a third party, a service that facilitates the payment of Linqrs Providers via credit card or debit card. These payment processing services are provided by Braintree and are subject to the Braintree Connected Account Agreement, which includes the Braintree Terms of Service (collectively, the “Braintree Services Agreement”). By agreeing to these Terms, Linqrs Providers that use the payment service also agree to be bound by the Braintree Services Agreement, as Braintree may modify the same from time to time. As a condition of Linqrs.com enabling payment processing services through Braintree, you agree to provide Linqrs.com accurate and complete information about you, and you authorize Linqrs.com to share it and transaction information related to your use of the payment processing services provided by Braintree. Linqrs.com assumes no liability or responsibility for any payments you may make through this service, and all such payments are non-refundable.
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As part of the functionality contained in one or more of our mobile applications, we offer the ability for Linqrs Seekers and Linqrs Providers to exchange information and conduct services. Linqrs Seekers and Linqrs Providers shall not be deemed to have any contractual relationship with Linqrs outside of the business conducted on the site or mobile application. Linqrs.com shall be solely responsible for providing any customer service, if any, to Linqrs Seekers or Linqrs Providers that elect to use the Linqrs Platform. Our Services continue to grow and change.
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1.2 Limitations of our Services
We offer Services to help our users find, coordinate and maintain stability for their families, however, except where specifically provided in these Terms, in any applicable Additional Terms, or on the Site itself.-
We do not employ any Linqrs Providers and are not responsible for the conduct, whether online or offline, of any Linqrs Seeker, Linqrs Provider, or other users of the Site or Services. Linqrs Seekers are responsible for any relationship they establish.
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Linqrs Seeker and Linqrs Provider content are primarily user generated. We do not control or vet user-generated content for accuracy, and we do not assume and expressly disclaim any responsibility for the accuracy or reliability of any information provided by Linqrs Providers or Linqrs Seekers on or off the Site. We do not assume and expressly disclaim any liability that may result from the use of information provided on our Site.
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We do not refer or recommend Linqrs Seekers or Linqrs Providers, nor do we make any representations about the suitability, reliability, timeliness, or accuracy of the services provided by Linqrs Providers or the integrity, responsibility, or actions of Linqrs Seekers or Linqrs Providers whether in public, private or offline interactions. Any screening of a Linqrs Seeker or Linqrs Provider and his, her, or its information by Linqrs.com is limited and should not be taken as complete, accurate, up-to-date, or conclusive of the individual’s or entity’s suitability as an employer or Linqrs provider.
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We are not an employment agency, and we do not secure or procure employees for any Linqrs Seekers, nor do we secure or procure opportunities for employment for any Linqrs Providers.
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We do not control, monitor, supervise, or oversee the quality, timing, hours, pay, legality, or any other aspect of services delivered by Linqrs Providers, nor do we require Linqrs Providers to accept or work any jobs or deliver any services at all.
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We do not provide medical, diagnostic, treatment, or clinical services or engage in any conduct that requires a professional license.
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We may offer certain Registered Users the opportunity to verify certain information such as their email address, cell phone number, or state license information. If we indicate that certain information has been verified, the user has complied with the process we have established for verifying such information. However, we do not guarantee, nor do we represent or warrant, that the information is accurate or that it belongs to the Registered User who supplied it.
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1.3 User Responsibilities
Registered Users are solely responsible for maintaining active licenses, interviewing, vetting, performing background and reference checks, verifying information provided by, and selecting an appropriate Linqrs Seeker or Linqrs Provider for themselves or their family.
2. Eligibility to Use the Site and Services
By requesting to use, registering to use, and/or using the Site or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet the following eligibility criteria:
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You intend to use the Site and Services solely to find or manage Linqrs or Linqrs-related services or for finding or sharing information relating to Linqrs services.
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Our Services are available only to individuals who are eighteen (18) years of age or older. If you do not meet this age requirement, do not register to use the Site or Services.
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The Site and the Services are currently available only to individuals who reside legally in the United States or the territory of Puerto Rico.
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If you register as a Linqrs Provider, you must be permitted to work legally within the United States or Puerto Rico.
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Neither you nor any member of your household may have ever been:
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the subject of a conviction, arrest, charge, complaint, restraining order, or any other legal action involving:
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any felony;
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any other criminal offense involving violence, physical, sexual, or emotional abuse or neglect, theft, drugs, or
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any offense, violation, or unlawful act that involves endangering the safety of others, fraud, dishonesty, or reckless or negligent conduct.
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registered, or currently required to register, as a sex offender with any government entity.
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3. Rules for User Conduct and Use of Services
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3.1 Registration, Posting, and Content Restrictions
The following rules pertain to “Content,” defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through the Site or Services, whether to Linqrs.com or to other Registered Users or Site Visitors, or those other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, “post”):-
Any Content you post, upload or transmit to or through the Site or Services is solely to find or manage Linqrs or Linqrs-related services or to find or share information relating to Linqrs.
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You are responsible for providing accurate, current, and complete information regarding your registration for the Site and the Services.
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You will register your account in your legal name, even if you seek Linqrs for another individual or family member.
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You are solely responsible for any Content you share on the Site or transmit to other Site users. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually-oriented, threatening, harassing, defamatory, racially offensive, or illegal material or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from Linqrs.com where this is not the case. You will not provide inaccurate, misleading, defamatory, or false information to Linqrs.com or to any other user of the Site, and all opinions stated as part of Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others, including without limitation that you have authorization from a parent or guardian of any minor who is the subject of any Content you post to post such Content.
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You understand and agree that Linqrs.com may, in its sole discretion, review, edit, and delete any Content, in each case in whole or in part, that in the sole judgment of Linqrs.com violates these Terms or which Linqrs.com determines in its sole discretion might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or others.
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You have the right, and hereby grant, to Linqrs.com, its Affiliates, licensees, and successors an irrevocable, perpetual, non-exclusive, fully paid-up, transferable, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public sharing and use of your Content by Linqrs.com will not infringe or violate the rights of any third party.
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Your use of the Services, including but not limited to the Content you share on the Site or mobile application, must be in accordance with all applicable laws and regulations.
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We welcome your feedback and questions about the Site and Services. However, you agree that any comments, ideas, messages, questions, suggestions, or other communications you send to us or share with us through any channel (including, without limitation, the Site, email, telephone, surveys, and our social media accounts) shall be and remain the exclusive property of Linqrs.com. We may use all such communications, all without notice to, consent from, or compensation to you.
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As Linqrs Seeker and Linqrs Provider Content are primarily user generated, we do not control or vet such Content for accuracy. We do not assume and expressly disclaim any responsibility for the accuracy or reliability of any Content provided by Linqrs Providers or Linqrs Seekers on or off the Site, including any Content that may include misstatements or misrepresentations or that may be defamatory or disparaging. Users hereby represent, understand, and agree to hold Linqrs.com harmless for any misstatements, misrepresentations, or other disparaging or defamatory statements made by or on behalf of them on this Site or in any other venue. Opinions, advice, statements, offers, or other information or content made available on or through the Site but not directly by Linqrs.com are those of their respective authors. Such authors are solely responsible for such content. Linqrs.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will Linqrs.com or its Affiliates be responsible for any loss or damage resulting from (a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or (b) reviews or comments made about you on the Site by other users. You agree that Linqrs.com has no obligation to remove any reviews or other information posted on the Site about you or any other person or entity. If you disagree with a review, you may post one rebuttal to the review, provided your rebuttal complies with these Terms. You may not terminate your registration and re-register to prevent a review from being associated with your account. The author of a review can always remove or request the removal of a review they have written.
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3.2 Exclusive Use
If you are a Linqrs Seeker, you may use your account only to find services for yourself, your parents, your children, your grandchildren, and individuals for whom you are otherwise the legal guardian or children of another Linqrs Seeker with whom you are entering a shared arrangement. If you are a Linqrs Provider, you may use your account only to find Linqrs jobs for yourself. You are responsible for all activity on and using your account, and you may not assign or otherwise transfer your account to any other person or entity. -
3.3 Prohibited Uses
By using the Site or Services of Linqrs.com, you agree that you will not, under any circumstances:-
use the Site, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
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use the Site or Services for any fraudulent or unlawful purpose, for any purpose unrelated to Linqrs, or any other purpose not expressly intended by Linqrs.com;
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harass, abuse or harm another person or group, or attempt to do so;
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use another user’s Linqrs.com account;
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provide false or inaccurate information when registering an account on Linqrs.com, using the Services or communicating with other Registered Users;
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attempt to re-register with Linqrs.com if we have terminated your account for any or no reason or terminate your registration and re-register to prevent a review from being associated with your account;
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interfere or attempt to interfere with the proper functioning of Linqrs.com’s Services;
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make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
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bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data (whether manually or through automated means);
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use the communication systems provided by or contacts made on Linqrs.com for any commercial solicitation purposes other than those expressly permitted by Linqrs.com;
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publish or link to malicious content intended to damage or disrupt another user’s browser or computer. To protect our users from prohibited activity, we reserve the right to take appropriate actions, including but not limited to restricting the number of messages a user may send in any 24 hours to an amount we deem appropriate in our sole discretion. Should Linqrs.com find that you violated the terms of this Section or any terms stated herein, Linqrs.com reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services. Using the Site and/or Services, you agree that Linqrs.com may assess. You will be obligated to pay $10,000 per each day that you: (i) maintain Linqrs Provider or Linqrs Seeker information (including but not limited to names, addresses, phone numbers, or email addresses) or copyrighted material that you scraped (either directly or indirectly manually or automatically) from the Site, or (ii) otherwise misuse or misappropriate Site Content, including but not limited to, use on a “mirrored,” competitive, or third-party site. This obligation shall be in addition to any other rights Linqrs.com may have under these Terms or applicable law. Further, to protect the Site's integrity and the Services, Linqrs.com reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
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4. Background and Verification Checks
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4.1 Linqrs Providers Can Order or Authorize Background Checks about Themselves. They Can Authorize the Sharing of Them with Other Members Linqrs.com offers to individuals who have registered as Linqrs Providers and Linqrs Seekers one or more background check services from third-party consumer reporting agencies (“Background Checks”). Certain background checks may be made available by both Linqrs Seekers and Linqrs Providers, while others may only be made available for purchase by Linqrs Seekers or Linqrs Providers. All background checks require payment of a separate fee by the Member initiating the background check request and are subject to the consent of the Linqrs Provider on whom the check is being performed. Each of these Background Checks is regulated by the Fair Credit Reporting Act (“FCRA”), and the background reports resulting from these services are considered “consumer reports” under FCRA. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers’ compensation, driving, employment, military, civil, and educational data and reports. Linqrs.com will receive a copy of each Background Check you order or authorize through Linqrs.com. You are responsible for ensuring that the email address you provide to Linqrs.com is correct, knowing that sensitive information will be sent to it. If you are a Linqrs Provider and authorize a third-party background check ordered by a Linqrs Seeker, the results of that background check will be made available to the Linqrs Seeker who ordered it, regardless of its contents. If you are a Linqrs Provider and ordered a Background Check on yourself from a third-party consumer reporting agency through Linqrs.com, we may indicate in your profile that you have completed that check. However, without your authorization, we will not share the results with any other site visitor or Registered User.
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4.3 Special Responsibilities of Users of Background Check under FCRA The use of any background check reports obtained through the Site is governed by the federal Fair Credit Reporting Act (“FCRA”) and specific state laws. If you order or request access to a background check on a Linqrs Seeker, you are considered an end user of the check and must agree to a required End User Certification before processing the check. This End User Certification requires you to certify that you will comply with the FCRA and any applicable state laws and summarizes key legal obligations. A summary of your responsibilities in using the information contained in the background check can be found at https://www.ftc.gov/tips-advice/business-center/guidance/using-consumer-reports-what-employers-need-know. If there is harmful data in a check you receive. You choose to take “adverse action” (i.e., if you choose to pass on that individual’s candidacy) based on this harmful data, you must agree to take certain procedural steps, which can be found at https://www.ftc.gov/tips-advice/business-center/guidance/using-consumer-reports-what-employers-need-know. These include notifying the individual who is the subject of the report of your decision to take adverse action based on information contained in the report and the subject’s right to contest the accuracy or completeness of the report. Depending on the specific background check you order, Linqrs.com may provide a mechanism for you to request that the consumer reporting agency who performed the check complete these steps on your behalf. You are responsible for making any required notifications when such a mechanism is unavailable. If the subject contests the report with the consumer reporting agency, you are required to suspend the hiring process while the agency researches the accuracy and completeness of the report.
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4.4 Linqrs.com May Review and Use Background Checks You Order or Authorize About Yourself By registering for and using the Site or Services as an individual Linqrs Provider, and subject to your authorization, you acknowledge and agree that Linqrs.com may review and use any Background Checks you have ordered or authorized about yourself to protect the safety and integrity of our Site and its users, which may, in the case of certain Linqrs Providers, be considered an employment purpose under the FCRA. Linqrs.com reserves the right to terminate your membership based on the information contained in such report, even if such information was subsequently dismissed. If Linqrs.com terminates your membership or access to the Site based on information in a Background Check, we will notify you and provide you with the name and contact information of the consumer reporting agency that created the report. We will also provide you a copy of the report unless the consumer reporting agency has already provided you with a copy or access. You hereby represent, understand, and expressly agree that Linqrs.com does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these Background Checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it and not Linqrs.com.
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4.5 Linqrs.com May Order and Use Background Screenings About You By registering for and using the Site or Services as a Linqrs Seeker or Linqrs Provider, you hereby acknowledge and agree that Linqrs.com has the right, but not the obligation, to use a third-party consumer reporting agency on an ongoing basis to use your personal information to run periodic background screenings on you to protect the safety and integrity of our Site and its users (“Preliminary Membership Screens”), which may, in the case of certain Linqrs Providers, be deemed to be an employment purpose under the FCRA. Subject to certain additional disclosures and authorizations, if applicable to you as a Linqrs Provider, Linqrs.com may order these screenings when you register with Linqrs.com and after that in connection with your continued use of our Services and/or interaction with our Site (such as by contacting or communicating with other members, posting or updating a job or profile, ordering or authorizing a Background Check, etc.). FCRA may also regulate these Preliminary Membership Screens, and the background reports resulting from these services may be considered “consumer reports” under FCRA. You understand and agree that Linqrs.com may review the information provided by the third-party consumer reporting agency and that Linqrs.com retains the right to terminate your Linqrs.com registration based on the information it receives from these checks, even if such information was subsequently changed or corrected. If Linqrs.com terminates your membership or access to the Site based on information in a background report, we will notify you and provide you with the name and contact information of the consumer reporting agency that created the report. We will also provide you access to a copy of the report unless the consumer reporting agency has already provided you with a copy or access to it. You hereby represent, understand, and expressly agree that Linqrs.com does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it (and not Linqrs.com) within the period specified in your notice. Notwithstanding this, you agree that Linqrs.com is under no obligation to reinstate any accounts it may have terminated, even if the information that led to the termination is subsequently changed or corrected. BY AGREEING TO THESE TERMS AND USING OUR SITE, AND, IF APPLICABLE TO YOU AS A LINQRS PROVIDER, SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW LINQRS.COM TO PERFORM THESE INTERNAL BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE INTERNAL BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE LINQRS.COM.
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4.6 Linqrs.com May Regularly Verify Your Identity and the Accuracy of Your Representations and Warranties By registering as a Linqrs Provider or Linqrs Seeker, and, if applicable to you as a Linqrs Provider, subject to your additional authorization, you authorize Linqrs.com and acknowledge that for purposes of promoting the safety and integrity of its Site and Service, Linqrs.com reserves the right, but not the obligation, to utilize third-party service providers to verify on an ongoing basis that your registration data is accurate and that the representations and warranties in Section 2 above addressing legal matters such as complaints, arrests, sex offender status, etc. are also true (“Verification Checks”). These third parties may use data from a variety of sources, under a variety of circumstances, for these site safety purposes, including, without limitation, information from national criminal databases, sex offender registries, specific media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, and other data. You agree that Linqrs.com may take such action in response to Verification Checks as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your membership, should it determine that you have violated any representation or warranty or any other provision of these Terms or are otherwise unsuitable for Linqrs.com. You also hereby represent, understand, and expressly agree that Linqrs.com does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check. We do not typically communicate the results of a Verification Check to any third party. However, we reserve the right to do so for law enforcement or other safety-related purposes in accordance with applicable laws. BY AGREEING TO THESE TERMS, AND, IF APPLICABLE TO YOU AS A LINQRS PROVIDER SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW LINQRS.COM TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE LINQRS.COM.
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4.7 Important Limitations About Background Checks; Release of Liability for Results of Background Checks, Internal Background Checks, and Verification Checks SPECIAL NOTICE FOR MASSACHUSETTS AND NEW HAMPSHIRE: Criminal County Searches conducted in Massachusetts and New Hampshire as part of the Criminal Records Check and the Criminal+MVR Records Check (for individuals who are believed to have lived in one or both of these states during the seven years preceding the background check request) search only the Superior Court and a single District Court in the county seat or its equivalent for each county listed below. Criminal records (including misdemeanors and felonies) from other courts in these states will not be searched. This is an illustrative, non-comprehensive list of certain state and county limitations of the background checks offered through Linqrs.com; additional limitations may apply in certain jurisdictions, including on the federal level. For example, in many states, only certain registered sex offender information is reported. For many states, only a subset of felony convictions are reported (not misdemeanors, charges, or arrest records). In addition to legal and reporting system limitations of background checks, each check is performed with the authorization of the person being checked, using information he or she provides, such as a home address, date of birth, and name. If a candidate provides incorrect information, the check might be run with inaccurate identifying data, which can impact the validity of the criminal check. Finally, criminal records are not always reported accurately or promptly, and human and electronic errors can result in inaccurate or incomplete reporting. Consequently, even the most comprehensive background check offered may not disclose all criminal records in all jurisdictions. If you decide to access, use, or share information provided by a Background Check, you agree to do so in accordance with applicable law. You also agree to release, indemnify and hold harmless Linqrs.com from any loss, liability, injury, death, damage, or costs that may result from your use of, reliance on, or sharing of the information contained in a Background Check, regardless of the cause, including, without limitation, due to the inaccuracy or incompleteness of any such information. You expressly acknowledge that Linqrs.com has no obligation to perform Background Checks, Internal Background Checks, or Verification Checks on any Registered Users. To the extent Linqrs.com performs such checks on certain Registered Users, the checks are limited. They should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those users have provided or of their eligibility to use the Services.
5. Termination
Linqrs.com reserves the right, in its sole discretion, to immediately terminate your access to all or part of the Linqrs.com Site and/or Services, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your account with Linqrs.com, with or without notice for any reason or no reason in its sole discretion, including without limitation if Linqrs.com should determine that you are not eligible to use the Services, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation as a Registered User, have misused or misappropriated Site content, including but not limited to use on a “mirrored,” competitive, or third-party site. Upon termination, Linqrs.com shall be under no obligation to provide you with a copy of any content posted by or about you on the Site. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination. You understand and agree that, following any termination of any individual’s use of the Site or the Services, Linqrs.com has the right, but not the obligation, to send a notice of such termination to other Registered Users with whom we believe the individual has corresponded. Our decision to terminate an individual’s registration and/or to notify other Registered Users with whom we believe the individual has corresponded does not constitute. It should not be interpreted or used as information on the individual’s character, general reputation, personal characteristics, or mode of living.
6. Privacy
Linqrs.com uses the information you provide on the Site or via the Services or in accordance with our Privacy Policy. For more information, see our full Privacy Policy, the terms of which are incorporated herein.
7. Links To External Sites
Links from the Site to external sites (including external sites that Linqrs.com frames) or inclusion of advertisements and other third-party content on the Site do not constitute an endorsement by Linqrs.com of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such third-party content but are for user’s reference and convenience. Linqrs.com does not control third-party sites or content and is not responsible for them. Such sites and content are governed by their respective owners’ terms of use and privacy policies and not these Terms or Linqrs.com’s Privacy Policy. Linqrs.com disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold Linqrs.com harmless from any liability resulting from using links that may appear on the Site.
8. Payment And Refund Policy
To utilize some Linqrs.com Services or product offerings, the user of such Services or product offerings must pay Linqrs.com either a recurring subscription, one-time or other fees. In addition, the user is responsible for any state or local sales taxes associated with the Services or product offerings purchased.
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8.1 Billing and Payment
If you sign up for a Linqrs.com paid membership subscription or a Service or product that includes a recurring fee, you agree to pay Linqrs.com all charges associated with the subscription, Service, or product you choose, as described on the Site at the time you submit your payment information. You also authorize Linqrs.com or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the terms of your chosen subscription, Service, or product. Linqrs.com reserves the right to correct any errors or mistakes, even if it has already requested or received payment. To the extent you elect to purchase other Services or product offerings we may offer for a non-recurring fee, you authorize Linqrs.com to charge your chosen payment provider for the Services and/or products you purchase. You agree that if Linqrs.com already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional Services or products you purchase. -
8.2 Automatic Subscription Renewal and Cancellation
ALL PAID MEMBERSHIP SUBSCRIPTIONS AND RECURRING FEE-BASED SERVICES OR PRODUCTS WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY THE USER. FOR PAID MEMBERSHIP SUBSCRIPTIONS, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF YOUR CHOSEN TERM PERIOD FOR AN ADDITIONAL EQUIVALENT PERIOD AT THE SUBSCRIPTION RATE, AND FREQUENCY DISCLOSED TO YOU ON THE SITE WHEN YOU ORIGINALLY SUBSCRIBED UNLESS OTHERWISE PROVIDED AT THE TIME YOU SUBSCRIBED. IF YOU CHOOSE A SUBSCRIPTION TERM IN EXCESS OF ONE MONTH THAT ALLOWS YOU TO BE CHARGED MONTHLY OVER THE SUBSCRIPTION PERIOD, AND YOU DECIDE TO CANCEL YOUR SUBSCRIPTION DURING THE SUBSCRIPTION PERIOD, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL CONTINUE TO BE BILLED FOR THE SUBSCRIPTION MONTHLY UNTIL THE END OF THE THEN-CURRENT SUBSCRIPTION TERM. FOR OTHER SERVICES OR PRODUCTS WITH RECURRING FEES, YOU WILL BE CHARGED THE FEE ASSOCIATED WITH SUCH PRODUCT OR SERVICE AT THE INTERVAL SPECIFIED AT THE TIME OF PURCHASE UNTIL YOU EXPRESSLY CANCEL THE SERVICE OR PRODUCT. You may cancel your paid membership subscription anytime by following your account settings page instructions. If you cancel a paid subscription, you typically will be permitted to use your subscription until the end of your then-current subscription term. Your paid subscription will not be renewed after your then-current term expires. Still, your payment method will be charged, and you will be required to pay any cancellation or other fees associated with your early termination and disclosed to you at the time you signed up for the subscription plan. -
8.3 Installment Plan Options
From time to time, we may offer products or Services (including but not limited to premium subscriptions) that include an option to pay some or all of the applicable fees in installments. In the case of recurring subscriptions, the installment payment option may apply only to the initial subscription term and not to any renewal or recurring terms or payments. By selecting an installment payment option, you agree to pay Linqrs.com all charges associated with the subscription, Service, or product you purchase, as described on the Site when you submit your payment information. You also authorize Linqrs.com or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the terms of your chosen installment plan. If you purchase a Service (such as a premium subscription) you agree and understand that, unless otherwise required by applicable law, you are committing to make all of the agreed-upon installment payments, regardless of whether you cancel the purchased Service. Suppose you cancel your subscription before completing all installment payments due. Unless otherwise required by applicable law, the remaining subscription balance will remain due and payable pursuant to the installment payment schedule you agreed to. If Linqrs.com cannot charge any payment to your chosen payment method, we reserve the right to pursue any remedy that may be available to us, including the right to suspend or terminate your premium subscription and/or your Linqrs.com account. You agree that Linqrs.com and its Affiliates have no liability related to the exercise of these remedies. Notwithstanding the foregoing, nothing in this Section is intended to limit or alter Linqrs.com’s right to terminate your account at any time pursuant to Section 5 above. -
8.4 Free Trial Offers
Linqrs.com may offer limited-time free trial subscriptions to certain users from time to time. Users who sign up for a Linqrs.com Service on a free trial basis may have limited access to the Service and/or features of the Site. If a user signs up for a free trial subscription, unless he or she cancels before the expiration of the free trial period, the user will be charged the price then in effect for a subscription to the Service unless otherwise informed by Linqrs.com at the time of original subscription. If a user does not want to continue with the Service after the expiration of the free trial period, the Linqrs Seeker or Linqrs Provider must downgrade or cancel their subscription and request a refund of the subscription fee within thirty (30) days of being charged the subscription fee for the Service. Upon cancellation, the Linqrs Seeker or Linqrs Provider’s credit card will be refunded for the amount of the most recent subscription charge so long as he or she has not used the subscription after the expiration of the free trial period. -
8.5 Reward Points
As part of your membership or as a promotion, providers will receive immediate access to all incoming leads at no further cost. -
8.6 Refund Policy
Except as set forth in these Terms or as described on the Site at the time you make a purchase, all payments for subscriptions, services or products made on or through the Site or Services are non-refundable. There are no refunds or credits for unused or partially used subscriptions, services, or products, even if you cancel your membership or a subscription, service, or product in the middle of a term.
9. Release of Liability for Conduct and Disputes
By using this Site or our Services, you hereby represent, understand, and expressly agree to release and hold Linqrs.com (and Linqrs.com’s officers, directors, shareholders, employees, parents, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers, or your employer, if you enrolled in Linqrs.com through their employer’s benefits program, (“Affiliates”)) harmless from any claim or controversy that may arise out of:
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the actions or inactions of, or the relationship between, you and any Linqrs Seeker, Linqrs Provider or another user (s) of the Site that is not Backup Linqrs Providers employed by one of our subsidiaries; and
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any information, instruction, advice, or services created by any Linqrs Seeker, Linqrs Provider, or another third party that appeared on, or was communicated through, the Site Linqrs.com and its Affiliates expressly disclaims any liability whatsoever for any damage, suits claims, and/or controversies that have arisen or may arise, whether known or unknown, from the above.
10. Age Restrictions
Linqrs.com is intended for people 18 or over. Linqrs.com will not knowingly collect any information from individuals under 13. Should we determine that you do not meet the age requirements for using our Site or Services, your registration will be terminated immediately.
11. Disclaimers; Limitations; Waivers; Indemnification
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11.1 No Warranty
The information and materials contained on the Site, including text, graphics, information, links, or other items, are provided “as is” or “as available.” Further, opinions, advice, statements, offers, or other information or content made available through the Services but not directly by Linqrs.com, are those of their respective authors and should not necessarily be relied upon. Such authors are solely responsible for such content. Linqrs.com DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN LINQRS.COM; (3) WARRANT THAT YOUR USE OF THE SITE OR SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, LINQRS.COM EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES, AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW, OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. -
IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, LINQRS.COM MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES AS A Linqrs PROVIDER OR TO EMPLOY THE SERVICES OF A LINQRS PROVIDER. WITH RESPECT TO CORPORATE LINQRS SEEKERS, THE INFORMATION AND MATERIAL CONTAINED ON THE SITE ARE PROVIDED FOR YOUR INTERNAL USE ONLY. THEY MAY NOT BE COPIED OR REDISTRIBUTED FOR ANY REASON. THIS INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE INFORMATION IS THE INTELLECTUAL PROPERTY OF THE CORPORATE LINQRS SEEKER, LINQRS.COM, OR ITS INFORMATION PROVIDERS. IN NO EVENT WILL LINQRS.COM OR ITS INFORMATION PROVIDERS BE LIABLE IN ANY WAY WITH REGARD TO SUCH INFORMATION. YOUR USE OF THE INFORMATION MUST, IN ALL CASES, COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
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11.2 Assumption of Risk
While Linqrs.com takes specific steps to help promote the safety of our Site and Services, finding Linqrs or Linqrs-related services via an online platform like ours comes with certain inherent risks. We do not provide training, supervision, or monitoring of Linqrs Seekers or Linqrs Providers. We cannot guarantee that your interactions with other Registered Users, site visitors, their families, or others associated with them will always be 100% safe and respectful. You agree to assume all risks when using the Site and the Services, including but not limited to injury, illness, death, and all other risks associated with any online or offline interactions with users of the Site or the Services. You also agree not to rely solely on steps Linqrs.com may take to vet or screen Linqrs Providers or Linqrs Seekers and/or their Content, or otherwise to promote the safety of the Site and Services. You further agree to take all necessary precautions when interacting with other site visitors, Registered Users, their families, and others associated with them. -
11.3 Limitation of Liability
Incidental Damages and Aggregate Liability. In no event will Linqrs.com be liable for any indirect, special, incidental, or consequential damages, losses, or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Linqrs.com, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL LINQRS.COM’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR IF YOU HAVE NOT PAID LINQRS.COM FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00. NO LIABILITY FOR NON-LINQRS.COM ACTIONS. IN NO EVENT WILL LINQRS.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR OTHERWISE, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES OR ANY AGREEMENT OR RELATIONSHIP FORMED USING THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES, OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU. In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Linqrs.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist. -
11.4 Indemnification
By agreeing to these Terms, users of the Site and Services agree to indemnify, defend and hold harmless Linqrs.com and its Affiliates from and against any and all claims, losses, expenses, or demands of liability, including reasonable attorneys’ fees and costs incurred by Linqrs.com and its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, (ii) use of the Site or Services by you in violation of these Terms of Use or in violation of any applicable law, or (iii) any relationship or agreement formed with a Linqrs Seeker or Linqrs Provider using the Site or Services. Users further agree that they will cooperate as reasonably required to defend such claims. Linqrs.com and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of Linqrs.com. Users further agree to hold harmless Linqrs.com and its Affiliates from any claim arising from a third party’s use of information or materials that users post to the Site.
12. Copyright Notices/Complaints
It is Linqrs.com’s policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from our Site infringe your copyright, you may request the removal of those materials (or access thereto) from the Site by contacting Linqrs.com’s copyright agent (identified below) and providing the following information:
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Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
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Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
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Your name, address, telephone number, and (if available) e-mail address.
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A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
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A statement that the information that you have supplied is accurate and indicates that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
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13. Agreement to Arbitrate
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13.1 Agreement to Arbitrate
This Section 13 is referred to in these Terms as the “Arbitration Agreement.” Unless you opt-out in accordance with the opt-out procedures outlined in Section 13.8 below, you agree that all claims relating to or arising out of these Terms or the breach thereof, whether sounding in contract, tort, or otherwise, that have arisen or may arise between you and Linqrs.com or a Linqrs.com Affiliate, whether relating to these Terms (including any alleged breach thereof), the Services, the Site, or otherwise, shall be resolved exclusively through final binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except you may assert individual claims in small claims court, if your claims qualify. A neutral arbitrator, not a judge or jury, will determine your rights. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. -
13.2 Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND LINQRS.COM AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION, ACTION, OR PROCEEDING. UNLESS YOU AND LINQRS.COM EXPRESSLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AGAINST LINQRS.COM AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER LINQRS.COM USERS. Suppose any court or arbitrator determines that the class action waiver outlined in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis. In that case, the arbitration provision set forth above shall be deemed null and void, and the parties shall be deemed to have not agreed to arbitrate disputes. -
13.3 Pre-Arbitration Dispute Resolution
Linqrs.com is always interested in resolving disputes amicably and efficiently. So before you commence an arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. -
13.4 Arbitration Procedures
If we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration and not in courts of general jurisdiction. The arbitration will be conducted by a neutral arbitrator in accordance with the rules of JAMS that are in effect at the time the arbitration is initiated (collectively referred to as the “JAMS Rules”), as modified by this Arbitration Agreement, and excluding the JAMS Class Action Procedures. For information on JAMS, please visit its website, https://www.jamsadr.com/. Information about JAMS’s Rules and fees for consumer disputes can be found on the JAMS consumer arbitration page, https://www.jamsadr.com/rules-comprehensive-arbitration/. Suppose there is any inconsistency between the JAMS Rules and this Arbitration Agreement. In that case, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including, without limitation, the limitation of liability provisions in Section 11. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. To commence an arbitration against Linqrs.com, you must write a demand for arbitration that includes a description of the dispute and the number of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims against you. The arbitration shall be held in the county where you reside or at another mutually agreed location. Suppose the value of the relief sought is $10,000 or less. In that case, you or Linqrs.com may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Linqrs.com subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or Linqrs.com unless the arbitrator requires otherwise. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise, and all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Delaware, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Linqrs.com users but by prior arbitrations involving the same Linqrs.com user to the extent required by applicable law. -
13.5 Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the JAMS Rules unless otherwise provided in this Agreement to Arbitrate. If you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines that you should not be required to pay your portion of the Arbitration Fees, Linqrs.com will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive compared to litigation costs, Linqrs.com will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be responsible for all other fees it incurs in connection with the arbitration, including, without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Linqrs.com for all fees associated with the arbitration paid by Linqrs.com on your behalf that you otherwise would be obligated to pay under the JAMS rules. -
13.6 Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties. -
13.7 Opt-Out Procedure
You can reject this Arbitration Agreement by mailing us a written opt-out notice (“Opt-Out Notice”) in accordance with the terms of this Section. For new Linqrs.com users, the Opt-Out Notice must be postmarked no later than 30 Days after the date you use our Site or Services for the first time. If you are already a current Linqrs.com user and previously accepted the Linqrs.com Terms before the introduction of this Arbitration Agreement, the Opt-Out Notice must be postmarked no later than December 17, 2022. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to log in to the Linqrs.com account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way to opt-out of the Arbitration Agreement. If you opt-out of the Arbitration Agreement, Linqrs.com will likewise not be bound by these arbitration provisions. All other terms of these Terms will continue to apply. Opting out of the Arbitration Agreement does not affect any previous, other, or future arbitration agreements you may have with us. Linqrs.com users who accepted a previous version of these Terms that included an arbitration agreement and who did not timely opt out of that arbitration agreement remain bound by the last arbitration agreement that they accepted. Upon receipt of a valid Opt-Out Notice, Linqrs.com will provide the opting-out user with a copy of the arbitration agreement from the last version of the Terms that the user accepted, if any exists. -
13.8 Future Changes to this Arbitration Agreement
Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, such change shall not be effective until at least 60 days from the date of posting, and shall not apply to any claim that was filed in a legal proceeding against Linqrs.com before the effective date of the change. Moreover, suppose we seek to terminate this Arbitration Agreement from these Terms. In that case, such termination shall not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site and shall not be effective as to any claim filed in a legal proceeding against Linqrs.com before the effective date of removal.
14. Governing Law and Jurisdiction
These Terms and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise, shall be governed by the laws of the State of Delaware, including Delaware’s statutes of limitations governing your claim, without giving effect to its principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of Section 13, the Arbitration Agreement. Unless you and we agree otherwise if the Arbitration Agreement is found not to apply to you or a particular claim or dispute (except for small-claims court actions), either as a result of your decision to opt-out of the Arbitration Agreement or as a result of a decision by the arbitrator or court order, you agree that any claim or dispute that has arisen or may arise between you and Linqrs.com must be resolved exclusively by a state or federal court located in the State of Delaware. You and Linqrs.com agree to submit to the personal jurisdiction of the courts located within the State of Delaware for the purpose of litigating all such claims or disputes.
15. Consent to Electronic Communication
Using the Site or Services of Linqrs.com, you agree to allow Linqrs.com to communicate with you electronically. You consent to the electronic delivery of notices, documents, or products (including, without limitation, reports or copies of Background Checks and Preliminary Membership Screens) from Linqrs.com via the Linqrs.com Site, mobile application, online messaging platform, or e-mail. You also agree to check your Linqrs.com account, alerts, messages, and the e-mail account reflected on your Linqrs.com on a reasonably regular basis to stay apprised of important notices and information about your account.
16. Miscellaneous
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor, or employee of the other. Neither party shall have or hold itself out to any third party as having any authority to make any statements, representations, or commitments of any kind or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality, or unenforceability of any term or provision of these Terms shall in no way affect the validity, legality, or enforceability of any other term or provision. Each Affiliate (as defined in Section 1.2) is expressly made a third-party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors, and assigns of the parties hereto.
17. Severability
Suppose a court decides that any term or provision of these Terms other than Section 13.2 is invalid or unenforceable. In that case, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision. These Terms shall be enforceable as so modified. If a court decides that any of the provisions of Section 13.2 are invalid or unenforceable, then Section 13 shall be null and void. The remainder of the Terms will continue to apply.