We are a online “Social Workstation Hub”™ for websites, social networks, multi- crowd fundings, and online platforms for the working consumers and business professionals.
LINK-YAH, L.L.C. (collectively with its affiliated companies, “LINK-YAH™),,” “we,” “us” or ” our”) has created a website at www.Link-YAH.com (the “Website” or “Site”) that provides a Social Workstation Hub™ for social networking and other services for the working consumer and business professionals. To assist you in using the Website, we have created (i) these Terms of Use (the “Terms”), and (ii) a Privacy Policy. Our Privacy Policy explains how we treat information that you provide to us through the Website, and our Terms govern your use of our website and your participation in our Services provided through the Website. Our Terms and Privacy Policy apply to anyone accessing our Website (collectively, “you”), including (a) casual visitors to our Website who do not sign up for an account on the Website (“Site Visitors”), and (b) members who have registered with Link-YAH™ to use the Website (“Registered Members”). The terms “LINK-YAH™,” “we,” ” us” and “our” refer to LINK-YAH, L.L.C.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE WEBSITE OR PARTICIPATE IN OUR SERVICES. BY ACCESSING OR REGISTERING TO USE THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT ACCESS OUR WEBSITE OR REGISTER TO PARTICIPATE IN OUR SERVICES. YOU ARE PROHIBITED FROM USING THIS SITE. THE MATERIALS CONTAIN IN THIS WEBSITE ARE PROTECTED BY PENDING OR APPLICABLE COPYRIGHT AND TRADEMARK LAW.
1. Your Agreement.
These Terms govern: (i) your use of the Website; (ii) Registered Member’s receipt of, and participation in, ‘Link-YAH™ services offered through the Website, including those set out in Section 2 (Our Services; Overview) (collectively, the “Services”); (iii) Registered Member’s provision of content, including, but not limited to, Listing information and Posts (collectively, “Member Content”); and (iv) your use of information obtained through the Website, including information, software, logos, artwork, text, video, audio, pictures, content, trademarks, trade dress and other intellectual property owned by Link-YAH™), or our licensors and made available to you through the Website or Services (collectively, “Link-YAH™ Content”). Please read these Terms carefully; they impose legal obligations on you and on Link-YAH™ and establish our legal relationship. By using the Services or accessing our website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them. While you can visit the Website and review a range of information about Link-YAH™, our Website and our Services without registering, to participate in the Services, we require that you become a Registered Member. Registered Member are required to confirm their agreement to be bound by these Terms during the registration process (and from time to time as we may require) by clicking an “I Accept” button.
If Registered Members are agreeing to these Terms and our Privacy Policy on behalf of a company or other legal entity (your “Organization”), (i) Registered Member represent and warrant that Registered Member have authority to act on behalf of, and to bind your Organization and (ii) for all purposes in these Terms and the Privacy Policy, the term “you” means your Organization and Registered Members whose behalf you are acting.
When you use our Services, you are entering into a legal agreement, and you agree to all of these terms. You also agree to our Privacy Policy, which covers how we collect, use, share, and store your personal information.
You agree that by clicking “Join Now” “Join Link-YAH™”, “Linkin™), ” Linkup™” or similar, registering, accessing or using our services (including but not limited to Link-YAH™, our related mobile apps, developer platforms, premium services, or any content or information provided as part of these services, collectively, “Services”), you are entering into a legally binding agreement (even if you are using our Services on behalf of a company). If you reside in the United States, your agreement is with Link-YAH, L.L.C. and if you reside outside of the United States, your agreement is with Link-YAH, L.L.C.
This “Agreement” includes this Member Agreement and the Privacy Policy, and other terms that will be displayed to you at the time you first use certain features (such as starting a “LinkGroup™),,” downloading one of our software applications or purchasing advertisements or LinkMails™), as may be amended by Link-YAH™ from time to time. If you do not agree to this Agreement, do NOT click “Join Now”, “Link-UP” (or similar) and do not access or otherwise use any of our Services.
1.1. Purpose
Our mission with Link-YAH™ is to connect the world’s working-class consumers to income opportunities with our premiere professionals, to allow them to be more productive and successful. Our services are designed to promote economic growth and development opportunities for our members by enabling you and millions of others to come together, form business alliances, exchange ideas, learn, and find opportunities or employees, work, and make decisions in a network of trusted associates.
2. Our Services; Overview.
The Website provides a Social Workstation Hub™ for social networking and other services for the working consumer and business professionals. As a Registered Member, you can (i) join a network that includes entrepreneurs, financial consultants, business consultants, executives, business brokers, investment bankers, private lenders, family offices, real estate brokers, real estate agents, financial advisers , hedge funds, pension funds, insurance companies, c.p.a bond companies, attorneys and private equity groups; (ii) create a profile to describe you professionally and the business(es) with which you are involved; (iii) follow other Registered Members who sell goods and services that you are interested in and have followers automatically found for you; (iv) create listings for goods and services that you or your Organization are selling (each, a “Listing“) and upload posts regarding topics of interest to you and your followers (each, a “Post“), (v) search Listings on our Site for goods and services that are for sale and review the Posts of other Registered Members; (vi) obtain identity verification services and be able to determine whether other users identities have been verified; (vii) send secure messages to other users, which may be delivered via email (without the sender’s email being displayed); (viii) post information for other users you to review and have that information translated automatically into your followers’ language(s); and (ix) upload contacts from your address book to find and follow people you know who are also Registered Members. Each Registered Member will only be granted access to the Website to the extent appropriate for his/her relationship with Link-YAH™, and only in accordance with Section 5.2 (Grant of Rights to Registered Members).
Here are some oaths you the Registered Member make to us in this Agreement:
Registered Member’s eligible to enter into this Agreement and you are at least our “Minimum Age.” To use the Services, you agree that: (1) you must be the “Minimum Age” (defined below) or older; (2) you will only have one Link-YAH™ account which must be in your real name; and (3) you are not already restricted by Link-YAH™ from using these Services.
“Minimum Age” means (a) 18 years old for the People’s Republic of China, (b) 16 years old for the Netherlands, (c) 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, and (d) 13 years old for all other countries. However, if the Minimum Age Law is ever modified or currently requires that you must be older in order for Link-YAH™ to lawfully provide the Services to you (including the collection, storage and use of your information) then
the above Minimum Age requirement is such older age. The Services are not for use by anyone under the age of 13.
3. Obtaining a Password; Protecting Your Password.
When Registered Member complete our registration process Registered Member will create a password that will enable you to access our Platform. Registered Member agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. Registered Member agree to immediately notify us of any unauthorized use of your password or any other breach of security. Registered Member agree that Link-YAH™ cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3
3.1. Obtaining and Using a Password.
Only Registered Members who have a valid password are authorized to access the password-protected areas of the Website. Registered Members must keep in mind that we will treat anyone who uses their member’s name and password as that member. We will provide this individual with all of the rights and privileges that we provide to that Registered Member, and we will hold that Registered Member responsible for the activities of a person using the Registered Member’s password. We therefore recommend that Registered Members maintain their member’s name and password in confidence, and that they refrain from disclosing this information to anyone who might “pretend” to be that Registered Member with respect to the Website and their participation in the Services. We also ask that Registered Members notify us immediately if they suspect that someone is using their member’s name and/or password in this or any other inappropriate manner.
3.2. Your Membership
You’ll keep your password a secret. Registered Member will not share an account with anyone else and will follow our rules and the law. As between you and others, your account belongs to you the Registered Member. Registered Member agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., connections, groups) and (4) follow the law and the Dos and Don’ts below. Registered Member is responsible for anything that happens through your account unless you close it or report misuse.
Note that for Premiere Services purchased by another party for you to use (e.g. Recruiter seat bought by your employer), the party paying for the Premium Service controls such an account (which is different from your personal account) and may terminate your access to it.
4. Ownership; Reservation of Rights.
The Website, Services, and associated Link-YAH™ Content are the proprietary property of Link-YAH™ and our licensors and are protected by U.S. and international copyright and other intellectual property laws, or are used under the principles of fair use. Link-YAH™ and our licensors retain all rights with respect to the Website, Services and Link-YAH™ Content except those expressly granted to you in these Terms.
5. Grant of Rights.
We have the right to limit how you connect and interact on our Services.
We’re providing you notice about our intellectual property rights. Link-YAH™ reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. Link-YAH™ reserves the right to restrict, suspend, or terminate the Registered Member account if Link-YAH™ believes that
you may be in breach of this Agreement or law or are misusing the Services (e.g. violating any Do and Don’ts).
Link-YAH™ reserves all of its intellectual property rights in the Services. For example, LINK-YAH™, Link-YAH™ (stylized), “Link-YAH (YAH) logos™, Linkin™, LinkMails™, LinkGroup™, Linkenger™, Linkle™ Social Workstation Hub™ and other Link-YAH™ trademarks, service marks, graphics, and logos used in connection with Link-YAH™ are trademarks or registered trademarks of Link-YAH, L.L.C. Other trademarks and logos used in connection with the Services may be the trademarks of their respective owners.
5.1. Grant of Rights to Site Visitors.
As a Site Visitor, subject to your compliance with these Terms, you are granted the right to access our website solely for your personal, non-commercial use. You may not (i) access, view, modify or otherwise use any portion of our website not made expressly accessible to you, or (ii) modify, copy, distribute or otherwise use the Website, Link-YAH™ Content or Services without our express permission.
5.2. Grant of Rights to Registered Members.
As a Registered Member, subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, worldwide right to access, execute, display, perform, and otherwise use the Website solely for your personal or your Organization’s internal use of the Services, provided that you shall not: (i) license, sublicense, sell, resell, distribute or otherwise commercially exploit the Website or the Services to any third party; (ii) modify or make derivative works based upon the Website, Link-YAH™ Content, or Services; or (iii) reverse engineer, reverse compile, or access the Website or Services in order to build a competitive product or service. You may access and view certain password-protected areas of our website for use solely in conjunction with the Services and as provided in these Terms, and you may not otherwise modify, copy, distribute, or otherwise use the Website, Link-YAH™ Content or Services.
5.3. Duration of Rights for Registered Members.
As a Registered Member, you will continue to enjoy your rights under Section 5.2 (Grant of Rights to Registered Members) for as long as you are a Registered Member, unless your password is revoked or suspended, as set out in Section 11 (Monitoring; Revocation or Suspension of Use Privileges).
5.3a Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Link-YAH™ web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on Link-YAH™ web site;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Link-YAH™ at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
6. Registered Members Grant of Rights.
Registered Member enable us to use your Public Information and to ensure we do not violate any rights you may have in your Public Information, you grant Link-YAH™ a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise, commercialize and exploit the copyright, publicity, and database rights you have in your Public Information, in
any media now known or not currently known, with respect to your Public Information.
6.1. Grant of Rights to Link-YAH™ in Member Content.
By submitting Member Content for participation in our Services, you grant Link-YAH™ the right to use, copy, storage, sell, reformat, index, modify, display and distribute your Member Content for the purposes of providing our Services. No compensation will be paid with respect to Link-YAH’s use of your Member Content unless otherwise stated.
6.2. Rights/Permissions You Must Have in Your Member Content.
In submitting Member Content, you represent and warrant that you have sufficient authority and rights to post such Member Content, and to provide the grant of rights to us in Section 6.1 (Grant of Rights to Link-YAH™ in Member Content).
6.3. Grant of Rights to other Members in Listings and Posts.
By posting a Listing or Post, you agree to allow the Listing or Post, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by members of the Site / Services. Link-YAH™ shall have the sole authority to choose the manner in which any Listing or Post will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Site and shall have the right to modify the Listing or Post solely as necessary to its provision of the Site and Services in the exercise of its rights under these Terms.
6.4. Right to Decline User Content.
We expressly reserve the right to refuse to use, remove, or disable Member Content (including listings) that we conclude, in our sole discretion, violates these Terms or our Privacy Policy, or we feel is incompatible with the purposes of the Website and our Services.
6.5. Registered Member Comments/Feedback.
Our Website may allow Registered Members to provide comments or feedback regarding our Website and our Services. By providing comments/feedback, you grant us the right to use your comments and feedback for the purposes of improving the Website and our Services.
7. Member Content.
You represent and warrant (i) that you have all necessary rights and authorizations to post any Member Content (including without limitation, Listings and Posts) you post on the Website, and (ii) the accuracy of the information contained in any Listing, Post or other information you provide as part of the Member Content. Link-YAH™ does not validate Member Content in any way but may, in its sole discretion but without any obligation to do so, remove Member Content that is alleged to have been submitted in violation of these Terms. Link-YAH™ may require additional evidence of compliance with this these Terms from members who are alleged to have submitted Member Content or other information in violation of these Terms.
7.1 Disclaimer
The materials on Link-YAH’s web site are provided “as is”. Link-YAH™ makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Link-YAH™ does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
7.2 Limitations
In no event shall Link-YAH™ or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Link-YAH’s Internet site, even if Link-YAH™ or a Link-YAH™ authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
7.3 Revisions and Errata
The materials appearing on Link-YAH’s web site could include technical, typographical, or photographic errors. Link-YAH™ does not warrant that any of the materials on its web site are accurate, complete, or current. Link-YAH™ may make changes to the materials contained on its web site at any time without notice. Link-YAH™ does not, however, make any commitment to update the materials.
7.4 Links
Link-YAH™ has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Link-YAH™ of the site. Use of any such linked web site is at the member’s own risk.
7.5 Site Terms of Use Modifications
Link-YAH™ may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
7.6 Governing Law
Any claim relating to Link-YAH’s web site shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions.
8. Fees and Payment Obligations.
8.a General. Access to our websites and use of selected features of our Membership is free. We may charge fees for various premium features and services that we offer, and we will notify you of those charges at the time that we offer you the premium features or services for a fee. We may, in our sole discretion, and by notifying you on our website, change this policy and begin charging for access to our website and other features and services, and we may, in our sole discretion, add, remove or change the features and services we offer or the fees (including the amount or the type of fees) we charge at any time. If we introduce a new service or charge a new fee, we will establish and notify you of the fees for that service at the launch of the service or start of charging a new fee. If we notify you of new fees or change the fees for an existing service, you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable service. We are not responsible for any charges or expenses you incur resulting from being billed by us in accordance with these Terms of Service (e.g., overdrawn accounts, exceeding account limits, etc.).
To the extent that you use Amazon Payments, PayPal or another payment mechanism (e.g., check or cash), to pay fees assessed, dues or services by a Premiere Sponsor, you acknowledge that Link-YAH™ does not control the transaction, and that you bear all risk in connection with the transaction. Refunds of any payment you make to any Premiere Sponsor are subject to that Premiere Sponsor’s, Bi- Laws, policies and applicable law. If you believe any payment to a Premiere Sponsor is in error, you must contact the Premiere Sponsor to seek resolution. You should use common sense and be careful in deciding whether to make a payment to a Premiere Sponsor.
Premiere Sponsor have full discretion whether and how to spend money in connection with their Alliances. We cannot ensure that an Premiere Sponsor is legitimate and truthful, that he or she will use payments as promised, or that you will be happy with how your payment is spent. Your correspondence or business dealings with, or participation in promotions of Link-YAH™, including payment and related services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the applicable Premiere Sponsor.
8.b LinkGroup™ Fees; New LinkGroup™ Activation Fee. Registered Members are responsible for the payment of Link-YAH’s LinkGroup™ Fees for each LINKGROUP™ that they organize. LinkGroup™ Fees are paid through the subscription to Link-YAH’S website hosting services for LinkGroup™ (a “Basic LinkGroup™ Fee Subscription”). Each Basic LinkGroup™ Fee Subscription permits the Register Member to organize three (4) LinkGroup™. Registered Members Organizers who allow their Basic LinkGroup™ Fee Subscription to lapse are subject to removal as the Organizer of the LinkGroup™ that they lead, and their LinkGroup™ may be terminated or transferred to another Registered Member Organizer for a transfer fee. Basic LinkGroup™ Fee Subscriptions are billed, as elected by the Registered Member, on either a monthly, quarterly, semi-annual, or annual recurring basis and are payable in advance of the subscription period with no refunds, and may be cancelled as set forth in Section 8.d below. Basic LinkGroup™ Fee Subscriptions are non-transferable. By purchasing a Basic LinkGroup™ Fee Subscription, you authorize us to keep your subscription current by charging your credit card checking account, debit card or PayPal account the monthly subscription fee and all applicable taxes until you discontinue your Basic LinkGroup™ Fee Subscription. To discontinue future billings of your subscription, follow the ‘Your Account’ link displayed on each website page when you are signed in. Registered Member Organizers who start new LinkGroups™ are responsible for the payment of a LinkGroup™ Activation Fee, which will be billed at the time a new LinkGroup™ is started. We reserve the right to limit the number of LinkGroup™ accounts that may be charged to a particular PayPal, credit card or other account.
ORGANIZERS ACKNOWLEDGE AND AGREE THAT RECEIPT OF ANY FEE FROM ANY THIRD PARTY OR GATEWAY IS A THIRD PARTY OR GATEWAY TRANSACTION BETWEEN YOU AND SUCH THIRD PARTY OR GATEWAY, AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY OR GATEWAY TRANSACTIONS.
If you believe that any accounting by a Third Party or Gateway is in error, you must contact such other Third Party or Gateway, and not Link-YAH™ to seek resolution. Your correspondence or business dealings with any Third Party or Gateway, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Third Party or Gateway.
8.c Promotions; Coupon Codes; LinkGroup™ Sponsorships. We may from time to time offer promotions where we may discount or waive certain LinkGroup™ fees, Basic LinkGroup™ Fee Subscriptions, LinkGroup™ Activation Fees, or other fee-based products or services. We may offer coupon codes as a mechanism for processing a discount or credit. Coupon codes have no cash value, are not retroactive, and unless specified, are non-transferable and expire within 30 days of date of issue. Additionally, we may ship free LinkGroup™ promotional materials to an address you specify in order to promote your LinkGroup™, or we may offer your LinkGroup™ third party sponsorship opportunities (“Sponsorships”). To accept a Sponsorship, offer and receive any applicable Sponsorship payments, the Registered Member Organizer must setup a Suntrust Checking account or within 30 days of the Sponsorship offer. If an LinkGroup™ Registered Member Organizer does not setup an Suntrust Checking account or another account as necessary by Link-YAH™ within 30 days of the Sponsorship offer, the Registered member and applicable LinkGroup™ forfeit all right to any payment based upon that offer. Offers, promotions, and Sponsorships are subject to change.
8.d Risk Free Trial. If for any reason you are dissatisfied during the first 30 days of your initial Basic LinkGroup™ Fee Subscription, you may request a cancellation of your initial Basic Group Fee Subscription service payment for the next billing cycle. Link-YAH’s LinkGroup™ Activation Fees You will not receive a refund. We
reserve the right to refuse service to a Link-YAH™ LinkGroup™ that in our determination is abusing this policy or otherwise acting in bad faith.
8.1.
You agree to pay Link-YAH™ for the Services using the payment method indicated and provide Link-YAH™ express authorization to charge said fees as agreed to at the time of registration or renewal. Fees owed depend on the specific type and quantity of Services subscribed to by you from time to time (no payment is required for the Basic Membership). Payment of fees shall not be contingent on any events other than the provision of the subscribed Services. You agree to be responsible for any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts for the Services.
8.2.
Link-YAH™ shall notify you electronically 30 days in advance before making any changes to such fees. You will not be entitled to a refund if you do not use Services for which you have previously paid.
8.3.
Registered Member subscription to our Services will remain in effect until you cancel it, which you may do at any time by contacting us in accordance with Section 17 (Contact Us). If you subscribe to the Basic Membership for our Services, your cancellation will take effect immediately. If you subscribe to the “Pro Membership” for our Services, your cancellation will take effect at the end of the then current billing period, and you will continue to have access to our Services until then. We will send you a confirmation email when your cancellation is processed. It is your responsibility to promptly provide Link-YAH™ with any contact or billing information changes or updates (including phone number, credit card numbers, email addresses, etc.). Account updates may
be made on the Site. We may provide the ability to set up automatic debit or other recurring payment options for payment of your Fees. If you provide financial account information for automatic debit and/or recurring payment of the Fees, authorize Link-YAH™ to debit your credit card, checking or savings account on file for the Fees. We will only use your financial account information as provided in our Privacy Policy.
8.4
You’ll honor your payment obligations, and you are okay with us storing your payment information. Also, there may be fees and taxes that are added to our prices.
We don’t guarantee refunds.
If you purchase any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription.
Also:
Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
You authorize us to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your service (e.g. subscriptions) and to facilitate easy payment for new services.
You must pay us for applicable fees and taxes unless you cancel the Premium Service, in which case you agree to still pay these fees through the end of the applicable subscription period. Learn how to cancel or change your Premium Services.
Taxes are calculated based on the billing information that you provide us at the time of purchase.
For Link-YAH™, you can get a copy of your paid invoice through your account settings under “Purchase History” or you can request your invoice through Customer Support.
9. Electronic Communications.
You consent to receive communications from us electronically in accordance with our Privacy Policy. We will communicate with you by email or by providing notices via the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that these communications be in writing.
You’re okay with us using our websites, mobile apps, and email to provide you with important notices. This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with us.
If the contact information you provide isn’t up to date, you may miss out on these notices.
You agree that we may provide notices to you in the following ways: (1) a banner notice on the Service, or (2) an email sent to an address you provided, or (3) through other means including mobile number, telephone, or mail. You agree to keep your contact information up to date.
10. Code of Conduct.
As a condition to your use of the Website and the Services, you agree to follow our Code of Conduct, set out below. Under this Code, you will not:
11. Monitoring; Revocation or Suspension of Use Privileges.
We reserve the right at any time to (i) monitor your use of the Website, and (ii) terminate or suspend your use of some or all of the Website or Services if you engage in activities that we conclude, in our discretion, breach our Code of Conduct or otherwise violate these Terms or our Privacy Policy. Although we have no – and assume no – obligation to monitor activities on the Website, please understand that we may employ filters designed to detect and block inappropriate content described in our Code of Conduct. We reserve the right to request edits to your submission, to refuse to post or to remove any information or materials, in whole or in part, that we believe, in our sole discretion, is incompatible with our Code of Conduct.
You should also understand that our Code of Conduct is based in many instances on principles of applicable law. Violations of our Code of Conduct accordingly may expose you to criminal charges, and civil liability to harmed parties for compensatory damages and attorney’s fees. Link-YAH™ reserves the right at all times to disclose information it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, consistent with our Privacy Policy.
12. Links to Third-Party Sites.
The Website may contain links or produce search results that reference links to third party websites (collectively, “Linked Sites”). Link-YAH™ has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions or materials available on Linked Sites. Link-YAH™ does not endorse the content of any Linked Site, nor does Link-YAH™ warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk.
12.1 Other Content, Sites and apps
When you see or use others’ content and information posted on our Services, it’s at your own risk.
Third parties may offer their own products and services through Link-YAH™, and we aren’t responsible for those third-party activities.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Link-YAH™ generally does not review content provided by our members. You agree that we are not responsible for third parties’ (including other Members’) content or information or for any damages as result of your use of or reliance on it.
Registered Members are responsible for deciding if you want to access or use third party apps or sites that link from our Services. If you allow a third-party app or site to authenticate you or connect with your Link-YAH™ account, that app or site can access information on Link-YAH™ related to you and your connections. Third party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent, it may be required by applicable law, Link-YAH™ is not responsible for these other sites and apps — use these at your own risk.
13. Member Disputes.
Link-YAH™ is not responsible for and is not liable for the Member Content or conduct of Registered Members. You are solely responsible for your Member Content, conduct, and interaction with other Registered Members, both online and offline. We have no obligation to become involved in disputes between Registered Members. If you have a dispute with one or more Registered Members, you hereby release Link-YAH™ (and our officers, managers, directors, agents, employees, subsidiaries and affiliates) from claims, demands and damages (actual and consequential) of
every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
14. Warranty Disclaimer.
LINK-YAH™ DOES NOT PROMISE THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT YOU WILL OBTAIN SPECIFIC RESULTS FROM YOUR USE OF THE WEBSITE AND PARTICIPATION IN THE SERVICES OR YOUR USE OF ANY CONTENT, SEARCH OR LINK ON IT. THE WEBSITE, SERVICES AND CONTENT WITHIN, INCLUDING LISTINGS AND POSTS, ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHEN YOU ACCESS THE WEBSITE AND SERVICES, YOU DO SO AT YOUR OWN RISK. LINK-YAH™ DOES NOT REPRESENT OR WARRANT THAT MATERIALS YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES. THE INFORMATION PROVIDED ON THE WEBSITE IS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE, NOR IS IT A SUBSTITUTE FOR PROFESSIONAL ADVICE. TO THE EXTENT ALLOWED UNDER LAW, LINK-YAH™ (AND THOSE THAT LINK-YAH™ WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
LINK-YAH™ EXPRESSLY DISCLAIMS: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES AND CONTENT IS AT YOUR SOLE RISK.
15. Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL LINK-YAH™ BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE WEBSITE, SERVICES OR LINK-YAH™ CONTENT. IN NO EVENT SHALL LINK-YAH’S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO LINK-YAH™ FOR THE SPECIFIC SERVICES UPON WHICH THE CLAIM IS BASED. TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS LINK-YAH™ HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), LINK-YAH™ (AND THOSE THAT LINK-YAH™ WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT). IN NO EVENT SHALL THE LIABILITY OF LINK-YAH™ (AND THOSE THAT LINK-YAH™ WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIERE SERVICE, IF ANY, OR (B) US $250.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND LINK-YAH™ AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF LINK-YAH™ HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
16. Indemnity.
You agree to defend, indemnify and hold Link-YAH™ and its subsidiaries, affiliates, officers, directors, managers, agents and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to (i) your breach of these Terms; or (ii) a dispute between you and another user in connection with a listing.
17. Contact Us and General Terms
Here are some important details about how to read the Agreement.
If a court with authority over this Agreement finds any part of it not enforceable, Registered Member and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, Registered Member and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding, and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when Registered Member engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don’t act to enforce a breach of this Agreement, that does not mean that Link-YAH™ has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you the Registered Member agree that Link-YAH™ may assign this
Agreement to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Agreement.
We reserve the right to change the terms of this Agreement and will provide Registered Member notice if we do and we agree that changes cannot be retroactive. If Registered Member don’t agree to these changes, you must stop using the Services.
Registered Member agree that the only way to provide us legal notice is at the addresses provided in Section 17.1
17.1. Contact for Alleged Copyright Infringement.
Link-YAH™ respects the intellectual property rights of others and requires that its users do the same. If you believe that content on the Website or other activity taking place on the Website constitutes infringement of a work protected by copyright, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, as follows:
Copyright Office
Link-YAH, L.L.C.
P.O. BOX 5318
Macon, GA 31208
Email: legal@link-yah.com
Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
17.2. Report Inaccurate Personally Identifiable Information.
If you notice any inaccurate personally identifiable information on our Site that relates to you, please contact us by email or post to the email or postal address stated above.
17.3. General Inquiries.
If you have any questions about these Terms, the practices of this Website, or your dealings with Link-YAH™, please contact us using the contact form at https://link-yah.com/help/writetous
18. Modifications to these Terms.
We may modify and change these Terms over time. We will not “retroactively” change these Terms, and any modifications we make shall take effect proactively, once you next access the Website. Please feel free to print out a copy of the current Terms for your records.
19. Assignment.
These Terms shall not be assignable by you, either in whole or in part. Link-YAH™ reserves the right to assign its rights and obligations under these Terms.
20. General.
These Terms shall be governed in all respects by the laws of the State of Georgia without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts in the State of Georgia, in the judicial district where Link-YAH™ resides. The parties further agree that any cause of action arising under this Agreement shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Link-YAH’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between Link-YAH™ and you with respect to the subject matter hereof and
supersede any prior or contemporaneous understanding, whether written or oral.
21. Survival.
The following provisions shall survive the termination of these Terms and shall apply indefinitely: (i) Section 4 (Ownership; Reservation of Rights); (ii) Section 9 (Electronic Communications); (iii) Section 13 (User Disputes); (iv) Section 14 (Warranty Disclaimer); (v) Section 15 (Limitation of Liability); (vi) Section 16 (Indemnity); (vii) Section 19 (Assignment); (viii) Section 20 (General); and (ix) Section 21 (Survival).
22. Relationship to Privacy Policy.
These Terms must be read in conjunction with our Privacy Policy. The provisions of our Privacy Policy are incorporated herein. To the extent these Terms conflict with the terms of our Privacy Policy, the terms of our Privacy Policy shall control.
23. Effective Date.
The effective date of these Terms is November 08, 2024
Your privacy is critical to us. Likewise, we have built up this Policy with the end goal you should see how we gather, utilize, impart and reveal and make utilization of individual data. The following blueprints our privacy policy.
We are focused on leading our business as per these standards with a specific end goal to guarantee that the privacy of individual data is secure and maintained.