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Terms of Service
General These Terms and Conditions are provided by ThankYouPath, a property owned and operated by Interlincx Media Corp. (“Interlincx”). Please review these Terms and Conditions before using this Website (“Website”). This is a legal agreement between you (“You” or “Your”) and Interlincx Media Corp. Access to and use of this Website is governed by these Terms and Conditions (the "Agreement"). By accessing or using this Website, You indicate your assent to be bound by the Agreement, and your acknowledgment of and agreement to its terms. You also agree to the Interlincx Privacy Policy (hyperlink out), which covers how we collect, use, share, and store your personal information. By using the Website, You further represent and warrant that you are 18 years old or older, and that you are otherwise legally qualified to enter into contracts under applicable law. If You do not understand this Agreement, or do not agree to be bound by it or the Privacy Policy, or are not legally qualified to enter into contracts, you must immediately leave the Website. Changes to Terms Interlincx reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Website or Services, at any time and in its sole and independent discretion. Any changes will be effective upon the posting of the revisions on the Website. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of the Website following Interlincx posting of any changes will constitute your acceptance of such changes or modifications. If You do not agree to any changes to this Agreement, do not continue to use the Website. Only Designated Account Use is Authorized Under this Agreement, Interlincx gives You permission to access and use the Website for your account use, and to copy, distribute and transmit the content of the Website only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Website for your account use. That means, that except as set forth above, You may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products, or service obtained by your use of the Website. This restriction means, among other things, that You may not mirror on your own website any portion of this Website or display through your own website any results pages or other information from the Website without our express written permission. Privacy Policy You understand and agree with us collecting, using, storing, and disclosing information about you in accordance with the Interlincx Privacy Policy. Please carefully read our full Privacy Policy (hyperlink out) before using the Interlincx Website as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you may submit to us. Consent to Receive Phone and Electronic Communications (Including Email and SMS) Without limitation, by providing your name, email, postal or residential address, and/or phone number through the Website, you hereby expressly consent to receive electronic and other communications from Interlincx and Advertisers, including email, SMS (or “text”) messages, instant messages, video conferencing, and other personal messages. You may opt-out of receiving electronic communications at any time by following the unsubscribe instructions contained in each electronic communication or, in the case of telephone calls, by instructing the caller to place your name and number on the caller’s Do Not Call list. Disclaimer of Warranties The Website are provided "as is," without warranty of any kind. INTERLINCX DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Limitation of Liability Neither Interlincx nor any of its officers, directors, agents, subsidiaries, affiliates, employees, successors, assigns, content providers or service providers will be liable to You for any indirect, incidental, special or consequential damages arising out of use of the Website, or inability to gain access to or use the Website. Interlincx will not be liable for any third-party material or websites it links to as part of the Website or for information contained in or part of the Website including but not limited to search results. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You. In such states, the respective liability of Interlincx, its employees, agents, successors, assigns, affiliates, and content or service providers is limited to the greatest extent permitted by such state law. Defamation, Copyright and Trademark Claims The technology underlying, and content within, the Website is owned by Interlincx and/or its licensors (including Interlincx merchants and other content providers) and is protected by copyright and other intellectual property or proprietary rights. If You use the Website other than as provided in these Terms and Conditions, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. As between You and Interlincx, Interlincx owns and retains all ownership of the technology underlying and content within the Website, and reserves all rights not explicitly granted to you in this Agreement. Interlincx is a provider of an interactive computer services for purposes of 47 U.S.C. section 230. As such, its liability for others' conduct and information is limited as described therein. Site Security While Interlincx uses reasonable efforts to safeguard the security of the Website and Services, there can be no guarantee that such safeguards will successfully prevent unauthorized alterations in the Website’s or Services content or functionality. Interlincx assumes no liability or responsibility for any unauthorized alterations in the content or functionality of the Website or Services. Indemnification You agree to indemnify and hold harmless Interlincx, its officers, directors, agents, subsidiaries, affiliates, employees, successors, assigns, content providers or service providers, for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) Your failure to comply with these Terms and Conditions, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content You submit, and (3) any activity in which You engage on or through Interlincx. Notice Interlincx may give notice to its users by means of a general notice on this Website, electronic mail to a user’s e-mail address on its records, or by written communication sent by first class mail to a user’s address on its records. Site Modification For as long as Interlincx continues to offer the services, Interlincx shall provide and seek to update, improve and expand the services. Interlincx may modify, replace, refuse access to, suspend or discontinue services, partially or entirely, in our sole discretion. All of these changes shall be effective upon their posting on this Website or by direct communication to you unless otherwise noted. You agree that Interlincx shall not be liable to you or any third party for any modification, suspension, or termination of the Website. Jurisdiction and Venue/Choice of Law The Website is located and operated by Interlincx Media Corp. in West Hollywood, California. This Agreement shall be interpreted and enforced as though executed in Los Angeles, California, and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. A. Binding Arbitration. If You and Interlincx cannot resolve a debt, liability, suit, right, demand, obligation, promise, act, contract, cost, expense, damage, legal claim, complaint, action, or cause of action of any nature, character, and description (“Claim”) through out-of-court, informal negotiations, either party may elect to have the Claim finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other(s). YOU HEREBY ACKNOWLEDGE THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT WITH A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. The arbitration shall be commenced and conducted in the State of California under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), as modified by this Agreement, available at the AAA website www.adr.org or by calling the AAA at 1-800-778-7879. Except as otherwise provided for herein, Interlincx will pay the AAA filing, administration, and arbitrator fees. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedures 11(b)), then the payment of all such fees will be governed by the AAA Rules. In that case, you hereby agree to reimburse Interlincx for all payments disbursed that are your obligation to reimburse under the AAA Rules. If you are unable to pay the arbitration fee, Interlincx will pay it directly upon receiving a written request and a sworn statement that you are unable to pay. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to resolve, except that issues relating to the enforceability of the arbitration provision, which are for a Court of Competent Jurisdiction to resolve. The arbitration may be conducted in person, through document submission, through telephone, or online. The arbitrator will issue a decision in writing, but need only provide a statement of reasons if requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Interlincx may litigate to compel arbitration in court, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator. B. Restrictions Against Joinder of Claims. You and Interlincx agree that any arbitration shall be limited to each Claim individually. YOU AND INTERLINCX HEREBY AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN YOUR OR INTERLINCX’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. In the event that this specific provision is found to be unenforceable in a court of competent jurisdiction, the Claim will still be finally and exclusively resolved by binding arbitration upon the election of either party, and any election to arbitrate by one party shall be final and binding on the other(s). In addition: (1) no arbitration shall be joined with any other arbitration, and (2) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures, and (3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals. C. Remedies in Aid of Arbitration; Equitable Relief. This agreement to arbitrate will not preclude you or Interlincx from seeking provisional remedies in aid of arbitration, including, without limitation, orders to stay a court action, compel arbitration or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or Interlincx from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. As used herein, “Court of Competent Jurisdiction” means any federal or state court: (1) that has jurisdiction over the subject matter; and (2) that is located in the county of Los Angeles, California. D. Laws of the State of California. This Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed, entered in to, and performed in the State of California and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. The proper venue for any judicial action arising out of or relating to the Website or these Terms and Conditions (namely, in aid of arbitration as set forth above) will be the State and Federal courts located in Los Angeles, California. The parties hereby stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial service of process. Entire Agreement This Agreement constitutes the entire agreement between Interlincx and You concerning your use of the Website. This Agreement may only be modified by a written amendment signed by an authorized executive of Interlincx or by the unilateral amendment of this Agreement by Interlincx and by the posting by Interlincx of such amended version. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement and all of your rights and obligations hereunder will not be assignable or transferable by you without the prior written consent of Interlincx. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. You and Interlincx are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Except as expressly stated in this Agreement, there are no third-party beneficiaries to this Agreement. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by you would cause irreparable injury to Interlincx, and would therefore entitle Interlincx to injunctive relief. The headings in this Agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions or provisions of this Agreement.
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