Welcome to MarketLync®! MarketLync® is a platform to gain and share knowledge, empowering people to learn from others and better understand the world.
These terms of service (“Terms of Service”) set forth the agreement (“Agreement”) between you and MarketLync, Inc. (“MarketLync” “we” or “us”). It governs your use of the products and services we offer through our websites and applications (collectively the “MarketLync® Platform”).
Please make sure to read it, because, by using the MarketLync® Platform, you consent to these Terms of Service.
IMPORTANT ARBITRATION NOTICE: IF YOU ARE IN THE UNITED STATES, MEXICO, OR CANADA, YOU AGREE THAT DISPUTES BETWEEN YOU AND MarketLync®WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW IN SECTION 10.
The Mission of the MarketLync® Platform
MarketLync®‘s mission is to share and grow the world’s knowledge : The MarketLync® Platform is a place to ask questions and connect with people who contribute unique insights and quality answers. This empowers people to learn from each other and to better understand the world.
Using the MarketLync® Platform
Reporting Violations of MarketLync® Policies or Applicable Laws :
If you believe content on the MarketLync® Platform violates MarketLync’s Policies, intellectual property rights, copyright, trademark rights or otherwise violates applicable law you can report such violation by clicking the “Report Content” button. All reports will be investigated, however we have no obligation to delete content that you personally may find objectionable or offensive. We endeavor to respond promptly to requests for content removal, consistent with our policies and applicable law. If a user’s content is reported more than 3 times by other users, MarketLync® may automatically block such content, either temporarily or permanently, from appearing anywhere on the platform.
DISCLAIMERS AND LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF MarketLync® ENTITIES TO YOU.
“MarketLync® ENTITIES” MEANS MARKETLYNC, INC., AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF
Indemnification
You agree to release, indemnify, and defend MarketLync® Entities from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: i) your use of the MarketLync® Platform, ii) Your Content, iii) your conduct or interactions with other users of the MarketLync® Platform, or iv) your breach of any part of this Agreement. We will promptly notify you of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
Legal Disputes and Arbitration Agreement for users in the United States and Canada
Please Read the Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
Initial Dispute Resolution : We are available by email at contact@MarketLync.com, to address any concerns you may have regarding your use of the MarketLync® Platform. Most concerns may be quickly resolved in this manner. The parties agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations with us, before initiating a lawsuit or arbitration.
Agreement to Binding Arbitration : If an agreed upon solution is not reached through informal dispute resolution as outlined above within a period of thirty (30) days pursuant to the initial dispute resolution procedure provided in Section 10(a) above, then either party may initiate binding arbitration to formally resolve claims, subject to the terms and exclusion set forth below. All claims arising out of or relating to these Terms of Service (including their formation, performance, and breach), the parties’ relationship with each other, and/or your use of the MarketLync® Platform will be finally settled by binding arbitration in the State of Delaware. Each party will have the right to use legal counsel in connection with arbitration at its own expense.. The arbitrator, and not any federal, state or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. Either party may elect to appear at the arbitration by phone or, if mutually agreed, to conduct it online, in lieu of appearing live. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award will be in writing and provide a statement of the essential findings and conclusions, will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Service will be subject to the Federal Arbitration Act.
Rules : The AAA rules governing the arbitration may be accessed at https://www.adr.org/ . Each party will be responsible for its arbitration fees as set forth in the AAA Consumer Arbitration Rules. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that the right to discovery may be more limited in arbitration than in court.
Class Action and Class Arbitration Waiver : The parties each further agree that any arbitration will be conducted in our respective individual capacities only and not as a class action or other representative action, and each expressly waives its respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 10(b) will be deemed null and void in its entirety and the parties will be deemed to have not agreed to arbitrate disputes.
Exception : Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction and on an individual (non-class) basis only.
Exception : Intellectual Property and Content Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, this binding arbitration section does not apply to disputes relating to either party’s intellectual property rights (trademark, copyright, patent, and trade secret).
30 Day Right to Opt-Out : You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 10(b) and 10(c) by sending written notice of your decision to opt-out by emailing us at contact@MarketLync.com. The notice must be sent within thirty (30) days of registering to use the MarketLync® Platform, otherwise you will be bound to arbitrate disputes in accordance with the terms of those sections. If you opt out of these arbitration provisions, we also will not be bound by them.
Exclusive Venue for Litigation : To the extent that the arbitration provisions set forth in Section 10(b) do not apply, or if you have opted out of arbitration, the parties agree that any litigation between them must be filed exclusively in state or federal courts located in New Castle County Delaware. The parties expressly consent to exclusive jurisdiction in Delaware for any litigation. In the event of litigation relating to these Terms of Service, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
General Terms
Changes to these Terms of Service : We may amend this Agreement (including any policies, such as the Privacy Policy, that are incorporated into this Agreement) at any time, in our sole discretion. If we amend material terms to this Agreement, such amendment will be effective after we send you notice of the amended agreement. Such notice will be in our sole discretion, and the manner of notification could include, for example, via email, posted notice on the MarketLync® Platform, or other manner. Your failure to cancel your account, or cease use of the MarketLync® Platform, after receiving notification of the amendment, will constitute your acceptance of the amended terms. If you do not agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your account or to cease use of the MarketLync® Platform.
Use Outside of the United States : MarketLync® expressly disclaims any representation or warranty that the MarketLync® Platform complies with all applicable laws and regulations outside of the United States. If you use the MarketLync® Platform outside of the United States, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the MarketLync® Platform.
Export : The MarketLync® Platform is controlled and operated from our United States offices in Delaware. MarketLync® software is subject to United States export controls. No software for MarketLync® may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations. You represent that you are not (1) located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and (2) listed on any U.S. government list of prohibited or restricted parties.
Applications and Mobile Devices : If you access the MarketLync® Platform through a MarketLync® application, you acknowledge that this Agreement is between you and MarketLync® only, and not with another application service provider or application platform provider (such as Apple Inc. or Google Inc.), which may provide you the application subject to its own terms. To the extent you access the MarketLync® Platform through a mobile device, your wireless carrier’s standard charges, data rates, and other fees may apply.
Survival : The following provisions will survive expiration or termination of this Agreement: Section 2(e)(Termination), 2(g)(Feedback), Section 3(Your Content), Section 4(a)-(b) and (d)-(f)(Our Content and Materials), Section 8 (Disclaimers and Limitation of Liability), Section 9 (Indemnification), Sections 10 (Legal Disputes and Arbitration Agreement), and Section 11 (General Terms).
Notice for California Users : Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The MarketLync® Platform is provided by MarketLync, Inc., located inDelaware. If you have a question or complaint regarding the MarketLync® Platform, please contact MarketLync® at support@MarketLync.com . California residents may reach the Department of Consumer Affairs Consumer Information Division at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916)445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
Assignment : You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent; any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
Electronic Communications : You consent to receive communications from us by email in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
Entire Agreement/ Severability : This Agreement supersedes all prior terms, agreements, discussions and writings regarding the MarketLync® Platform and constitutes the entire agreement between you and us regarding the MarketLync® Platform (except as to services that require separate written agreement with us, in addition to this Agreement). If any provision in this Agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the Agreement, which will remain in full force and effect.
Interpretation : In construing or interpreting the terms of this Agreement: (i) the headings in this Agreement are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting this Agreement.
Notices : All notices permitted or required under this Agreement, unless specified otherwise in this Agreement, must be sent in writing as follows in order to be valid: (i) if to you, by us via email to the address associated with your account, and (ii) if to us, by you via contact@MarketLync.com. Notices will be deemed given (a) if to you, when emailed, and (b) if to us, on receipt by us.
Relationship : This Agreement does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.
Waiver : No waiver of any terms will be deemed a further or continuing waiver of such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
Further Assurances : You agree to execute a hard copy of this Agreement and any other documents, and to take any actions at our expense that we may request to confirm and effect the intent of this Agreement and any of your rights or obligations under this Agreement.
Contact : Feel free to contact us through contact@MarketLync.com with any questions about these terms. MarketLync® is a Delaware corporation whose registered agent is United States Corporation Agents, Inc. located at 221 N. Broad Street, Suite 3A, Middletown, DE 19709.
Get the support and guidance that you need to drive growth for your business.
