Terms of Service
The following are the terms and conditions for use of the 360Gadget, Inc. (“360Gadget”) services (the “Service” or “Services”) and the www.linksalpha.com website, and its respective content together with the Services available from the website and application www.linksalpha.com (the “Site”). Collectively, the Service and the Site are referred to as the “Service” or the “Services”. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY CLICKING THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS AND/OR USING THE SERVICE, YOU AGREE THAT YOU (EITHER AN INDIVIDUAL OR A LEGAL ENTITY THAT YOU REPRESENT AS AN AUTHORIZED EMPLOYEE OR AGENT) (“YOU”) ARE ELIGIBLE FOR AN ACCOUNT AND YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF SERVICE (THE “TERMS OF SERVICE” OR “AGREEMENT”). IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, THEN YOU MAY NOT ACCESS THE SERVICE, OR ANY PART THEREOF. 360GADGET’ PROVISION OF THE SERVICES ARE EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, TO THE EXCLUSION OF ALL OTHER TERMS, INCLUDING, WITHOUT LIMITATION, TERMS ON ANY PURCHASE ORDER; IF THESE TERMS OF SERVICE ARE CONSIDERED AN OFFER BY 360GADGET, YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
360GADGET may revise these Terms of Service from time to time, including any of the policies which may be applicable to the use of the Services by posting such revisions at www.linksalpha.com/about/tos or any such other URL that 360Gadget may provide and we may send registered users an email notice of the change. By continuing to use the Services after 360Gadget has posted updates to the Agreement, You agree to the revisions and agree to be bound by them.
360Gadget may offer new Services at a later date and such new Services will be subject to these Terms of Service. By continuing to use these Services after the introduction of new Services, You agree to be bound by these Terms of Service with respect to the new Services.
- Subscription Plans and Quotas. You can view Subscription Plans, associated fees and quotas set forth on the Pricing Page (www.linksalpha.com/account)
- Free Plan. Unless You have upgraded to a paid subscription, You are automatically subscribed to the Free subscription plan. The Free subscription plan makes available certain quota on services offered by www.linksalpha.com website. You can view this quota, after signing up at www.linksalpha.com, from the Pricing page - www.linksalpha.com/account
- Fees. Unless otherwise stated, subscription fees for 360Gadget Services are (i) payable in U.S. Dollars and (ii) based on Services purchased and not on actual usage. 360Gadget’ current pricing policies and Subscription fees are set forth on the Pricing Page (www.linksalpha.com/account).
- Invoicing and Payment. Subscription fees are billed in advance for the initial Subscription period and for each renewal Subscription period thereafter on a monthly basis unless You and 360Gadget Inc agree in writing to a different billing frequency. You will be charged by 360Gadget via your Google Checkout account on file for each recurring billing cycle. As part of this agreement you authorize 360Gadget to charge your Google Checkout account for all Services selected by You via the Site, or as set forth in a MSA, including for the initial Subscription period and any renewal Subscription periods at the then current Subscription rates. By using the Service, You consent to receiving electronic communications from 360Gadget. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Service. These electronic communications are part of your relationship with 360Gadget and you receive them as part of your Subscription to the Service. You agree that any notices, agreements, disclosures or other communications that we send You electronically will satisfy any legal communication requirements, including that such communications be in writing.
- Subscription period. Service Subscription periods that You purchase commence on the start date when you select to purchase on the Site and continue for the Subscription period specified therein. All Subscriptions shall be subject to an initial period of at least one (1) month. 360Gadget does not prorate for partial months. All Subscriptions shall automatically renew at the then current Subscription rates for additional periods equal to the expiring Subscription period, unless either 360Gadget or You give the other notice of non-renewal at least 30 days before the end of the relevant Subscription period.
Changes to Subscription Plan Levels and Refunds.
- Upgrades/Downgrades. If You choose to upgrade or downgrade Your Subscription plan, Your Google Checkout will be charged or You will be invoiced, as per the new rate plan you have selected. Your earlier subscription plan will be cancelled and your Google Checkout will be issued a refund for the partial month. The date of the upgrade will be set as you regular billing date, and going forward your Google Checkout account on file will be charged or You will be invoiced, as applicable on this new date for the new rate for your new Subscription plan.
- Downgrades. Downgrading Your Subscription plan may lead to reduction of your account features and options as described on the Pricing page - www.linksalpha.com/account.
- Refunds. Notwithstanding Section 3 above (Subscription period) 360Gadget may provide You with a refund of Your new paid Subscription within the first three (3) days of a new Subscription period, and only if You properly cancel your new Subscription through the Site as set forth in the Cancellation section below within the first three (3) days of a new Subscription period. 360Gadget does not issue refunds for any other reason.
- Past Due Charges. If any payments are not received from You 1 or more days past due, 360Gadget may, without limiting other rights and remedies, suspend Services to You until such amounts are paid in full.
- Taxes. Unless otherwise stated, Service fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, “Taxes”). You are responsible for paying all Taxes associated with its purchases hereunder. If 360Gadget has the legal obligation to pay or collect Taxes for which You are responsible under this paragraph, the appropriate amount shall be invoiced to and paid by You, unless You provide 360Gadget with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, 360Gadget is solely responsible for taxes assessable against it based on its income, property and employees.
- Changes to Subscription Fees. 360Gadget may change the prices and related quotas of any or all Subscription plans upon thirty (30) days notice to You. Such notice may be provided at any time by posting the changes to the Pricing Page (www.linksalpha.com/account). 360Gadget will not be liable to You or to any third party for any modifications, price changes, or suspension or discontinuation of the Site or Services.
To register for the Service, 360Gadget enables you to signup using either your Google Account or your Facebook account or your Twitter account. Post signup, 360Gadget may ask you for additional information including account holder’s name, email address, company name, phone number, and Google Checkout account. You must complete the registration process by providing 360Gadget with current, complete and accurate information. You are solely responsible for the protection of information given out as part of your account and take full responsibility for Your own, and third party, use of Your accounts. You are solely responsible for any and all activities that occur under Your account. You agree to notify 360Gadget immediately upon learning of any unauthorized use of Your account or any other breach of security.
You may not open multiple Accounts to simulate or act as a single Account or otherwise access the Service in a manner intended to avoid incurring fees.
You may cancel your Subscription at any time by navigating to the Pricing page(www.linksalpha.com/account). You are solely responsible for properly canceling Your account through this link. Email or phone or FAX request to cancel Your account will not be considered effective or proper for cancellation. 360Gadget will cancel Your account upon notice of account closure through this link. All of Your saved data and/or Submissions may be immediately deleted from the Service upon cancellation, and this information may not be recoverable once Your account is canceled. If You cancel Your account before the end of Your current paid up Subscription period, Your cancellation will take effect immediately and You will not be charged or invoiced again. If You cancel Your account before the end of Your Subscription period but have not paid all of the applicable fees for the Subscription period, You agree to pay for any unpaid Subscription fees remaining in the current Subscription period regardless of Your Subscription cancellation.
“Content” includes, without limitation, any information or data, text, software, scripts, graphics, photos, and interactive features provided by 360Gadget or its partners through the Services, excluding Submissions (as defined below). The Site and the Service and any Content made available on or through the Service is provided only for (a) your own personal use or (b) your internal business use. For the avoidance of doubt, if you have purchased a Subscription to the Services, you may make copies of portions of the Content provided to you in reports and you may incorporate such copies into presentations and reports, all solely for your own personal use and/or your internal business use or the internal business use of your clients. You shall not use any automated data mining tools or techniques on or in connection with the Services or reformulate any copies of the Content for use in commercial products or services or for general resale or distribution. You will not make the Service available for time sharing, application service provider or service bureau use. You will comply with all applicable laws and regulations in Your use of and access to the Service and Content. You agree not to use the Site or Services for any purpose that is unlawful or prohibited by these Terms of Service. You agree to abide by all applicable local, state, national and international laws and regulations. You shall not use any robot, spider, scraper or other automated means to access the Services for any purpose. Additionally, You will not: (i) interfere or attempt to interfere with the proper working of the Site or Services or any activities conducted on the Site; or (ii) bypass any measures 360Gadget uses to prevent or restrict access to the Site or Services.
Unless otherwise expressly noted on the Service, 360Gadget reserves all rights, title and interest in and to the Services and the Content, including all related intellectual property rights. You agree that the Site and Service contains Content specifically provided by 360Gadget or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly permitted in these Terms of Service, You will not nor will You allow any third party to (i) copy, modify, adapt, translate or otherwise create derivative works of the Service or Content; (ii) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Service; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the Service; (iv) remove any proprietary notices or labels placed by the Service; or (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service.
360Gadget may remove any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
The Site or Services may permit You to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under 360Gadget’ control, and You acknowledge that 360Gadget is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by 360Gadget or any association with its operators. Any dealings that You have with third parties, merchants or advertisers found on the Site are between You and the third party, merchant or advertiser and You acknowledge and agree that 360Gadget is not liable for any loss or claim You may have against a third party, merchant or advertiser. In no event shall 360Gadget be liable to anyone for any damage arising from or caused, directly or indirectly, by the creation or use of a third party’s web site, or the information or material accessed through such web sites. You further acknowledge and agree that 360Gadget shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
Any reports, and any other materials, information, ideas, concepts, feedback and know-how provided by You to 360Gadget concerning the Service (“Evaluations”) will be the property of 360Gadget. You agree to assign, and hereby assign, all right, title and interest worldwide in the Evaluations, and the related intellectual property rights, to 360Gadget and agree to assist 360Gadget, at 360Gadget’ expense, in perfecting and enforcing such rights.
360Gadget may terminate Your access to all or any part of the Site and Services at any time, with or without cause, with or without notice, effective immediately.
360Gadget will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for: (a) planned downtime, maintenance activities and efforts to maintain session control, or (b) any unavailability caused by circumstances beyond 360Gadget’ reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving 360Gadget employees), or Internet service provider failures or delays.
360Gadget or its suppliers may, at any time, without notice or liability, restrict the use of the Site or Services or limit the availability in order to perform maintenance activities and to maintain session control.
360Gadget automatically measures and monitors network performance. 360Gadget does not share information collected for the purpose of network or computer performance monitoring or for providing customized technical support outside of 360Gadget or its authorized vendors, contractors and agents.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
THE USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK, AND YOU ACKNOWLEDGE AND AGREE THAT THE SITE, CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT, 360GADGET, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENT, SUBSIDIARIES, AGENTS, AFFILIATES, AND THIRD PARTY LICENSORS AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SITE, CONTENT, AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
a) 360GADGET DOES NOT WARRANT THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE, AND (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
b) 360GADGET WILL NOT BE LIABLE FOR LOSS OF YOUR DATA OR SUBMISSIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL 360GADGET (OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENT, SUBSIDIARIES, AGENTS OR AFFILIATES) OR ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF REVENUE, OR LOSS OF DATA, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF 360GADGET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.
THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY.
You agree to defend, indemnify and hold harmless 360GADGET from and against all liabilities, costs and expenses, including reasonable attorney’s fees, related to or arising from: (a) any violation of applicable laws, regulations or this Agreement by You; (b) the use of the Site or Services by You; (c) negligent acts, errors, or omissions by You; (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of 360GADGET; or (e) third party claims for infringement of any intellectual property rights arising from Your Submissions or Your use of the Services or Site.
All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement shall survive such termination, cancellation or expiration.
You shall not to assign or otherwise transfer, this Agreement in whole or in part, and any attempt to do so shall be void. 360GADGET may assign all or any part of this Agreement without notice and You agree to make all subsequent payments as directed.
You and 360Gadget agree that Your use of the Services and this Agreement will be governed by the substantive laws of the state of Delaware without reference to its principles of conflicts of laws. YOU AND 360GADGET CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN THE STATE OF DELAWARE FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICE. Except as otherwise required by law, including Delware laws relating to consumer transactions, any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
360Gadget’ failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties. 360Gadget makes no representation that the Service is appropriate or available for use in locations outside of Delaware, and accessing the Service is prohibited from territories where such Service is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.