TERMS OF USE

Lynksin Golf Club (LGC) as a wholly owned subsidiary of Lynksin LLC (LYNKSIN, we, us, or our) is the owner and operator of the website https://www.lynksingolf.com/ and accompanying mobile application (together the “Site”), for services including, but not limited to, golf betting, game scheduling and social interaction (together the “Services”). This User Agreement (which includes the Terms of Use, Privacy Policy, Rules and Regulations) describes the relationship between us and the user (user, you or your) when using our Site. By using this Site, you are confirming that you have (1) read this User Agreement; (2) agree to the User Agreement; and (3) are at least 21 years of age. If you cannot confirm each of the previous affirmations; you are not in compliance with the User Agreeement and therefore cannot use our Site or Services therein. Use of our Site are conditioned on compliance with and acceptance of our User Agreement.

ELIGIBILITY

To be eligible to use the Services, Users must meet the following criteria and represent and warrant that they: (a) are a natural person of the minimum age (21) or older to apply; (b) are not currently restricted from the LYNKSIN’s Services, or not otherwise prohibited from having a LYNKSIN account, (c) are not a competitor of LYNKSIN or using LYNKSIN’s services for reasons that are in competition with LYNKSIN; (d) will only maintain one LYNKSIN account; (e) will use real and accurate information on LYNKSIN; (f) have full power and authority to enter into this agreement and doing so will not violate any other agreement to which you are a party; (g) will not violate any rights of LYNKSIN or any third party, including intellectual property rights such as copyright or trademark rights.

You must be a natural person, 21 years or older to register an account, use or participate in any contests or Services available on the LYNKSIN Site. 

You are responsible for the confidentiality of your user account name and password. You are further responsible for any activity, charges or damages that occur through or under your account. It is your responsibility to contact us immediately if you believe anyone other than yourself has access to or control of your account as LYNKSIN will not be held responsible for any loss or damage resulting from your failure to notify us of any breach or unauthorized access. You must provide accurate account information upon request from us and keep account information up to date.

You are deemed an authorized account holder if you are a natural person, at least 21 years of age, with a valid e-mail address. If you are deemed to be ineligible, you may not use this Site. LYNKSIN may require proof that you meet the minimum requirements for eligibility, such as an affidavit of eligibility, or documentation or proof of age.  This proof may be required during registration and/or before payment of any winnings. Such documentation or affidavit required must be returned within (7) days. If you do not comply within (7) days or if it is found that you are ineligible for any of the reasons herein, LYNKSIN reserves the right to withhold or revoke any prizes associated with your account or terminate the account.. Such prizes may be redistributed to other users of the Site or used to further the anti-fraud efforts of LYNKSIN.

Upon inputting a payment method to participate in a contest, the authorized account holder hereby affirms that it is the lawful owner of the payment method account used to make any deposit(s) on the Site. It shall be a violation of these User Agreement for any authorized account holder to submit payment using any payment method that it does not own. If any deposit is unsuccessfully charged, any winnings generated from contests through LYNKSIN shall be invalided, forfeited and deducted from your account balance in addition to the initial deposit. LYNKSIN reserves the right to close your account, without notice, if a deposit is unsuccessfully charged.

LINKS TO OTHER SITES

This Site may contain links to other independent third-party websites, and we provide links to third-party websites as part of our service (”Links”). These links are provided solely as a convenience to you and based upon your account information. We are not in control of nor responsible for and do not endorse these links or any product, service or information provided through these links. You are responsible for familiarizing yourself with the individual policies and terms of each of these links and should make whatever inquiries you feel necessary or appropriate before proceeding with any transaction with any third party. Some of the content we present will be from affiliated merchant sites, and sales through these affiliated sites may generate a commission payable to us. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of third party web sites, including, but not limited to, links and websites linking to this Site

CONDITIONS

  1. Right to Use Services

LYNKSIN grants users a limited, revocable, nonexclusive, non-assignable, non-sublicenseable license and right to access the Services, through a generally available web browser, mobile device or LYNKSIN’s mobile application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of LYNKSIN) to view information and use the Services that we provide on LYNKSIN’s Site and in accordance with this User Agreement. You agree to comply with this agreement and any additional applicable federal and state laws.

  1. Registration and Password

To participate in the use of our Site, you must create an account. Your account must be kept up to date with accurate information which includes the disclosure of an accurate and current email address. You shall be responsible for the creation and maintenance of a password for your account. By clicking the “Register” button you are also agreeing to electronic signatures, and acknowledge that clicking the “Register” button serves as one.

You also agree that your uploading and depositing of funds, when participating in contests, is strictly for the purpose of participating in that contest. LYNKSIN may, in its sole discretion, suspend or terminate any user account deemed to be depositing funds without the intention of participating in a contest. LYNKSIN may further report such action to the relevant authorities when appropriate.

Violation of any of these conditions, or any other part of these User Agreement may result in the suspension or termination of your account and/or revocation of any winnings yet to be distributed at the sole discretion of LINKSIN, at any time, with or without notice.

  1. Acceptable Use

Users of the Services agree to abide by LYNKSINI’s Acceptable Use. When using the Services Users MUST NOT participate in:

  1. Harassment, stalking, or otherwise unwelcomed communications.

2. Uploading, posting or otherwise making available information/comments that are false, misrepresent you or your situation both past and present, and unlawful, libelous, obscene, or otherwise objectionable. 

3. Creating and/or sending viruses, forging headers, unauthorized advertising or creating/setting up a network for a pyramid scheme.

4. Reverse engineering, disassembling or deciphering LYNKSIN’s source code. 

5. Using (in any way) information found on LYNKSIN’s Site for commercial purposes unless expressly agreed to by LYNKSIN.

6. Deep-linking to sites other than LYNKSIN’s homepage or other LYNKSIN pages.

7. Framing, mirroring or otherwise simulating LYNKSIN’s site and functions.

8. Trying to override LYNKSIN’s security protocols and/or interfering with LYNKSIN’s service in any way.

When using the Services, Users should:

  1. Comply with federal, state and other applicable laws.
  1. Provide accurate information, use real names, and maintain an up-to-date profile.
  1. Read and comply with the User Agreement.
  1. Automated queries prohibited

Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) are strictly prohibited on LYNKSIN and its related Services, unless a User has received express written permission from LYNKSIN. As a limited exception, publicly available search engines and similar Internet navigation tools may query LYNKSIN and provide an index with links to  LYNKSIN’s Web pages, only to the extent such unlicensed fair use is allowed by applicable copyright law. Search engines are not permitted to query or search information protected by a security verification system (“captcha”) which limits access to human users.

  1. Only beneficial use

Any activities (including but not limited to posting voluminous content) that are inconsistent with use of LYNKSIN in compliance with the User Agreement or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of LYNKSIN in any manner are expressly prohibited.

  1. Search engines to use tech

As a limited exception, publicly available search engines and similar Internet navigation tools may query LYNKSIN and provide an index with links to the LYNKSIN’s Web pages, only to the extent such unlicensed fair use is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system (“captcha”) which limits access to human users.

REFUND POLICY

All deposits made on our Site are final. No refunds will be issued. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the account was registered.

PAYMENT AND WITHDRAWL OF PRIZE MONEY

Winners of any contest may withdraw their prize through use of the “collect” button on the Site. As previously stated, winners may be asked to present an affidavit or proof of eligibility through identification or other documentation. Other information that may be required includes, but is not limited to tax forms, proof of residence and information relating to payment and deposit accounts. Failure to comply may result in disqualification and forfeiture of any prizes.

Any taxes associated with the receipt and collection of any prize are the sole responsibility of the winner. If the awarding of any prizes to winners of Contests is challenged by any legal authority, LYNKSIN reserves the right in its sole discretion to determine whether or not to award such prizes.

Upon approval by LYNKSIN, all withdrawal requests will be credited back to the same credit card or method of payment used to deposit funds on the Site. Withdrawals may be released to a different credit card or other payment method other than that which was used to make deposit(s) after the aggregate amount of such deposit(s) has already been released back to the credit card(s) or payment method(s) used for the deposit(s).

COMMUNICATIONS

When communicating with other Users via LYNKSIN’s Services, Users must conduct themselves properly in accordance with LYNKSIN’s User Agreement.

LYNKSIN, in its sole discretion, may close or transfer LYNKSIN User pages, or remove content from them if it violates this Agreement or other’s intellectual property rights. Information Users share may be seen, used, and copied by other Users. LYNKSIN cannot guarantee that other Users will not use the ideas and information that are shared on the Site. Do not post ideas or information that should be kept confidential or that is subject to third party rights that may be infringed by sharing it. LYNKSIN IS NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION USERS POST ON LYNKSIN (See Section INTELLECTUAL PROPERTY).

SUSPENSION AND TERMINATION OF ACCOUNT

LYNKSIN reserves the right to remove uploads, suspend and/or terminate accounts from the Services for reasons they deem necessary unless it is in violation of other contractual obligations outside this Agreement. Users are prohibited from posting materials that includes but is not limited to: (a) illegal content; (b) content in facilitation of the creation, advertising, distribution, provision, or receipt of illegal goods or services; (c) offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content); (d) content that discloses another’s personal, confidential or proprietary information; (e) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via LYNKSIN’s Services); (f) malicious content (including, without limitation, malware or spyware); (g) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to LYNKSIN would violate the User Agreement or LYNKSIN’s other legal rights; and (h) content that offers, promotes, advertises or provides links to unsolicited products or services.

Users must post all content personally and manually through all steps of the posting process. Third Party postings are not allowed unless otherwise agreed to by LYNKSIN in a contract outside of this agreement. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any Member who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) shall be responsible and liable to LYNKSIN for each instance of access to LYNKSIN (by any user or other third party) using that automated means.

Users may not circumvent any technological measure implemented by LYNKSIN to restrict the manner in which content may be posted or to regulate the manner in which content (including but not limited to email) may be transmitted to other Users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); Captcha circumvention, automation or outsourcing; multiple and/or fraudulent LYNKSIN accounts, including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content “spinning.”

If this User Agreement is violated at any time, LYNKSIN may terminate or suspend all or part of your account immediately, without prior notice or liability. Upon termination of your account, your right to use LYNKSIN’s services will immediately end. If you wish to terminate your LYNKSIN account, you may contact us via ______ notifying us of your wish to terminate your account. Even if an account is terminated, the following sections of this User Agreement shall continue to apply: CONDITIONS (except for Registration and Account Password and Security); CONDUCT (only User Content); INDEMNITY; DISCLAIMERS; LIMITED LIABILITY; OUR INTELLECTUAL PROPERTY RIGHTS; LINKS; SUSPENSION AND TERMINATION; NO THIRD PARTY BENEFICIARIES; BINDING ARBITRATION AND CLASS ACTION WAIVER; GENERAL INFORMATION. If your account is suspended, you must comply with the restrictions and limitations imposed on your account as part of the suspension, and you should communicate with LYNKSIN only regarding restoration of your account.

DISCLAIMER

THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SITE, IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE EXTENT PERMISSIBLE BY LAW, LYNKSIN AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. FURTHERMORE, LYNKSIN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE SITE, CONTENT AND SOFTWARE PROVIDED, FUNCTIONS AVAILABLE ON OR ACCESSED THROUGH THE SITE, ANY INFORMATION SENT OR PROVIDED BY USERS, ANY THIRD-PARTY OFFERINGS OR ADVERTISEMENTS, AND/OR SECURITY REGARDING THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE. LYNKSIN DISCLAIMS ANY WARRANTIES INCLUDING THOSE ARISING FROM THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITE AND ITS CONTENT; ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; THE SITE AND ITS CONTENT CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY COMPANY PARTY, AND THAT ACCESS TO OR USE OF THE SITE OR ITS CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. ANY RELIANCE UPON THE SITE AND ITS CONTENT IS AT YOUR OWN RISK AND THE COMPANY MAKES NO WARRANTIES. YOUR INTERACTIONS WITH OTHER USERS OR WITH THIRD-PARTY ADVERTISERS, INCLUDING PAYMENT AND DELIVER OF GOODS AND SERVICES AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS MADE, ARE SOLELY BETWEEN YOU AND THE OTHER USER OR THIRD-PARTY ENTITY. YOU THEREFORE AGREE THAT WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF SUCH INTERACTIONS OR DEALINGS. WE ARE UNDER NO OBLIGATION TO GET INVOLVED IN ANY DISPUTE BETWEEN YOU AND ANY THIRD PARTY AND YOU AGREE TO NOT MAKE ANY CLAIMS AGAINST US WITH RESPECT TO THIRD PARTY PURCHASES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.

LYNKSIN FURTHER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT ANY CONTENT GENERATE BY OTHER USERS OR THIRD PARTY ADVERTISERS INCLUDING, BUT NOT LIMITED TO, ANY EFFECTS THE CONTENT MAY HAVE ON YOU, HOW YOU MAY INTERPRET OR USE THE CONTENT; OR WHAT ACTIONS YOU MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE CONTENT. LYNKSIN IS NOT RESPONSIBLE OR LIABLE FOR ANY ACCURACY, APPROPRIATENESS, OR LEGALITY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE USE OF OUR SITE.

LYNKSIN RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE AND ITS CONTENT OR ANY OTHER FEATURE AT ANY TIME. IF YOU DOWNLOAD CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR ANY OTHER RESULTING CONSEQUENCE THAT MAY RESULT FROM THE DOWNLOADING OF ANY SUCH CONTENT.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless LYNKSIN and its parents, subsidiaries, affiliates, including third-party sellers, and agencies, including its officers, directors, employees, shareholders and representatives, from and against any and all claims, demands, losses, liabilities, expenses, damages, costs,  including attorneys’ fees and court costs, or actions of any kind whatsoever arising or resulting from your use of the Site, your violation of this User Agreement, intellectual property of LYNKSIN, fraudulent or malicious use of the Site, violation of the rules, defamation, invasion of privacy or arising from any content submitted, posted, or otherwise provided by you to LYNKSIN or any third-party advertisers and any breach by you, your affiliates, officers, directors, employees, agents and representatives of the User Agreement. LYNKSIN reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with LYNKSIN in the defense of such matter.

LIMITED LIABILITIY

Your use and access to this Site are at your our risk. You understand and agree that you are solely responsible for your use of this Site and that LYNKSIN limits its liability in connection with your use of the Site as set forth below:

Under no circumstance shall LYNKSIN, its parents, subsidiaries, or affiliates, including the directors, officers, employees, or any other representatives of each and any of them (together “Lynksin’s company”), be liable to you for any loss or damages of any kind, including, but not limited to, any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages, that are directly or indirectly related to the Site and any content provided by LYNKSIN, you or other users; the use of, inability to use or performance of the Site; any action taken by LYNKSIN or law enforcement regarding your use of the Site or content; any action taken in connection with intellectual property owners; or any errors or omissions in the Site’s technical operation, whether foreseeable or not, whether advised about the possibility of such damages including, but not limited to, loss of profits, goodwill, use, or data whether in an action of contract, negligence, strict liability, tort including, but not limited to, those caused in whole or in party by negligence, acts of God, telecommunications failure, or theft or destruction of the Site. In no event will LYNKSIN’s company be liable to you or anyone else for loss or injury, including, but not limited to, death or personal injury. LYNKSIN’s company is not responsible for any damage to any user’s computer, hardware, computer software, or other equipment or technology including, but not limited to, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction. You acknowledge and agree that your use of the Site are at your own risk and that information sent or received during your use of the Site may not be secure and you agree LYNKSIN will not be liable for any resulting damage.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or of liability for incidental or consequential damages. Therefore, some of the above limitations may not apply to you.

DAMAGES

A User must pay all actual damages and attorney’s fees from the harm that occurred from his violation of the User Agreement.

INTELLECTUAL PROPERTY

The content on our Site, including, but not limited to, the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features and the trademarks, service marks and logos contained therein (the “Intellectual Property”), are owned by or licensed to LYNKSIN, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We have adopted and implemented a policy that provides for the removal of any infringing Materials and for the termination, in appropriate circumstances, of users who are repeat infringers of intellectual property rights, including copyrights and trademarks. If you believe that one of our users is, through the use of our Site, unlawfully infringing your copyright(s), and wish to have the allegedly infringing Material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. 512(c)) must be provided to our designated copyright agent: (a) your physical or electronic signature; (b) identification of the copyrighted work(s) that you claim to have been infringed; (c) identification of the Materials on our services that you claim is infringing and that you request us to remove; (d) sufficient information to permit us to locate such Material; (e) your address, telephone number, and email address; (f) a statement that you have a good faith belief that use of the objectionable Materials are not authorized by the copyright owner, its agent, or under the law; and (g) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. Please note that, pursuant to 17 U.S.C.  512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

You further agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Site or the Intellectual Property therein.

You agree to grant to LYNKSIN, its parents, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of any uploads to the Site, including, but not limited to, your name, voice, likeness and other identifying information where part of an upload, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your uploads.

You represent and warrant that you are the owner of or have all rights required to grant to LYNKSIN the license above. You agree not to submit any uploads that contain any material that is, in the sole of LYNKSIN, inappropriate, obscene, vulgar, unlawful, defamatory, or otherwise objectionable or that violate any rights of third parties (hereinafter, “Prohibited Content”). Violation of this covenant may result in account suspension or termination.

You shall maintain ownership of any your legally owned content after providing it to us, subject to any rights granted in the User Agreement and any access granted to others. Upon removal of any uploaded content, our license to use such content will end following a reasonable amount of time to find and remove the content, unless use of such material started prior to removal, in which case we shall have the right to continue to use, reproduce, redistribute and sublicense the pre-existing use. You acknowledge that termination of your account does not automatically delete your uploads.

You agree that we have no obligation to monitor your uploads or the uploads of other users. You further agree LYNKSIN, its parents, subsidiaries, affiliates, employees or agents will not be liable for uploads or any loss or damages resulting from the uploads. You also agree that we may refuse or remove any upload without notice to you, even though we are not required to do so. You further acknowledge that we make no guarantee of privacy through the use of our Site and the choice to upload any private information is at your own risk.

MANDATORY ARBITRATION

Any and all disputes, claims or controversies arising out of or relating to this Service Agreement, the breach thereof, or any use of the Site, including all commercial transactions conducted through the Site (“Claims”), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association (“AAA”) in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. In agreeing to arbitrate all Claims, you and LYNKSIN waive all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall be held in Suffolk County, Massachusetts, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. This arbitration provision shall survive termination of this Agreement. Subject to the limitations set forth below, the arbitrator shall have authority to award legal and equitable relief available in the courts of the Commonwealth of Massachusetts, provided that:

The arbitrator shall not have authority to award punitive damages; and

Any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and LYNKSIN agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.

For any Claims that are not subject to arbitration: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within Suffolk County, Massachusetts (the “Forum”), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and LYNKSIN waive any and all rights to trial by jury with respect to any Claims.

In the event that either party initiates a proceeding involving any Claim other than an arbitration in accordance with this Section, or initiates a proceeding involving a Claim under this Section other than in the Forum, the other party shall recover all attorneys’ fees and expenses reasonably incurred in enforcing this Agreement to arbitrate and the Forum to which the parties have herein agreed.

LYNKSIN’S BENEFICIARIES

LYNKSIN may freely assign or delegate all rights and obligations under the User Agreement, fully or partially without notice to Users. LYNKSIN may also substitute, by way of unilateral novation, effective upon notice to you, LYNKSIN for any third party that assumes our rights and obligations under the User Agreement.  A User cannot assign their rights.

MISCELLANEOUS

This Service Agreement shall be interpreted, construed, enforced, and governed by the laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. Any claim or dispute between you and LYNKSIN that arises in whole or in part from the Service Agreement, the Site, mobile application, or any Contest shall be decided exclusively by a court of competent jurisdiction located in Suffolk County, Massachusetts.

Nothing in the User Agreement shall create or confer any rights or other benefits in favor of any third parties except as specifically provided herein. The Site may contain links to third party websites that are not owned or controlled by LYNKSIN. LYNKSIN has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites, and therefore will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve LYNKSIN from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each other website that you visit.

Nothing in the User Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and LYNKSIN.

Third-party online publishers that refer users to the LYNKSIN Site shall not be responsible or liable for the LYNKSIN Site or any of the content, software, or functions made available on, or accessed through, or sent from, the LYNKSIN Site.

In no event shall a Member seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.

If any provision of this User Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this User Agreement, which shall remain in full force and effect.

No waiver of any term of this User Agreement shall be deemed a further or continuing waiver of such term or any other term, and LYNKSIN’s failure to assert any right or provision under this User Agreement shall not constitute a waiver of such right or provision.

COMPLETE AGREEMENT

You agree that the User Agreement constitutes the entire, complete and exclusive agreement between you and LYNKSIN regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of the User Agreement.

MODIFICATION OF TERMS

With the exception of the terms regarding binding arbitration and waiver of class action rights, LYNKSIN reserves the right and sole discretion, to modify or replace the User Agreement at any time. The User Agreement currently posted on the site are the most up-to-date version at this time. You shall be responsible for reviewing and becoming familiar with any such modifications. We will notify you, through your chosen account email address, if a revision to the Terms, in our sole discretion, is material. Your use of the Services after any modification to the User Agreement constitutes your acceptance of the User Agreement as modified.

X