Updated: January 04, 2024
This agreement, established between you ("you", "your" or "User") and CarryLinks, a Montana Limited Liability Company ("CarryLinks", "we", "us", or "our"), governs your utilization of CarryLinks Services. CarryLinks failure to exercise or enforce any right or provision outlined in the agreement does not imply a waiver of that right or provision. Your use of CarryLinks Services beyond the initial reading of this agreement signifies your legal acceptance and binding agreement to these terms. It is crucial to thoroughly review these terms as they delineate vital information regarding your rights and responsibilities, including the arbitration of legal disputes.
The most up-to-date version of the terms can be accessed by clicking the "Terms" hypertext link. It is encouraged to regularly review these terms to stay informed about any updates or modifications. This agreement asserts that the right to use CarryLinks is personal to the User and not transferable to any other individual or entity.
CarryLinks reserves the right to add, update, modify, change, or discontinue any aspect or feature of CarryLinks at any time. Such alterations are effective immediately upon notice, which may include posting on CarryLinks Services and/or via email. Your continued use of CarryLinks after such notice signifies your acceptance of the changes, modifications, or additions to CarryLinks terms.
2. Age Requirement
By using the Services, you confirm that you are at least 18 years old. If you are a Minor (under 18 but at least 13), you agree to use the Services with parental consent and have obtained permission. Parents or guardians of Minors agree to bind Minors to these terms, taking responsibility for any breaches. Users under the age of 13 years old are not allowed to use or submit information to the Services.
3. Member Account
If any part of the Services requires a User to open an account, the User must complete the registration process. This involves providing CarryLinks with current, complete, and accurate information as prompted by the applicable registration form.
To complete the signup process, the User is required to provide their first name, last name, and a valid email address. The User should not impersonate any person or entity, and the email address should continue to be valid as long as the User is using the Services. Accounts with invalid email addresses, such as fake email addresses, temporary email addresses, and emails that create hard bounces are strictly prohibited, and CarryLinks reserves the right to delete these accounts without prior notification.
Accounts registered by "bots" or other automated methods are strictly prohibited. CarryLinks has the right to terminate these accounts without prior notice.
It is the User's entire responsibility to maintain the security of all their account activities and password. The User is required to choose a strong password when registering or changing their password. The User should maintain the confidentiality of their password and account, and they should not share their password with any person. Users creating CarryLinks accounts via social media buttons (such as Google and Facebook) are highly encouraged to create new passwords for CarryLinks after they log in to their CarryLinks account.
Users are committed to promptly informing CarryLinks of any unauthorized use of their account or any security breach. CarryLinks bears no liability for losses incurred by the User due to someone else using their password or account, whether with or without their knowledge. It is important to note that the User may be held accountable for losses incurred by CarryLinks or another party resulting from someone else's use of their account or password. Unauthorized usage of anyone else's account without the account holder's permission is strictly prohibited.
6. Lawful Use
CarryLinks should be used for lawful purposes only. Users are responsible for any links and material they upload to Services, and they are prohibited from posting links and material that are unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable. Additionally, any content encouraging criminal offenses or violating the law is not allowed. Users are expected to comply with all applicable laws while using the Services. Any conduct by a User that, at CarryLinks' discretion, restricts or inhibits any other User from using or enjoying CarryLinks will not be permitted. CarryLinks reserves the right to remove any content that is unlawful as well as the right to terminate any account that is associated with any unlawful activity.
CarryLinks uses third-party ads provider(s), such as Google AdSense. While we strive for relevant and quality ads, note that third-party ads providers operate under their own terms and privacy policies. By using CarryLinks, you acknowledge and agree to the inclusion of third-party ads. For details on their practices, please review the terms and policies of the third-party ads providers.
8. Disclaimer of Warranties
CarryLinks provides services on an "as-is" and "as-available" basis, with no warranties, expressed or implied. We do not guarantee the availability, reliability, or accuracy of Services, and Users use them at their own risk.
We make no warranties regarding third-party content, links, or materials. CarryLinks disclaims all warranties, including fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law.
CarryLinks may modify or discontinue Services at any time. Users are responsible for any damage to their systems resulting from Service use.
This disclaimer applies fully and survives the termination of User access to CarryLinks Services.
9. Limitation of Liability
In no event will CarryLinks, its founders, members, employees, or any other individuals or entities involved in creating, producing, or distributing CarryLinks services be liable for any damages. This includes, without limitation, direct, indirect, incidental, special, exemplary, consequential, or punitive damages. CarryLinks is not liable for damages resulting from the loss of business profits, business interruption, loss of business information, loss of data, and the like, whether in an action based on contract, tort, or otherwise arising out of or in connection with your access or use of the Services.
This disclaimer of liability also extends to damages caused by communication line failure, unauthorized access, alteration of, or use of the account, whether for breach of contract, negligence, or any other posting or communication by any User or third party, whether or not made available through the Services. None of the mentioned parties shall be liable for any third-party claims or losses of any nature, including lost profits, punitive, or consequential damages.
Some jurisdictions may not allow the disclaimer of warranties or exclusions of damages, so these provisions may not apply to you to the extent prohibited by law.
The User agrees to defend, indemnify, and hold harmless CarryLinks, its founders, members, and employees from all claims and demands, expenses, damages, and liabilities (including attorneys' fees, expert witness fees and expenses) caused by the User's use of the Services, their business or personal activities, or any content, products, or services furnished by you, or your breach of these terms. The provisions of this section apply to all content available in the Services.
11. Subscription Tiers and Features
CarryLinks presents two subscription tiers: Free and Premium. Upon creating an account, the User is initially placed in the Free subscription tier, granting access to complimentary features. Free Users will encounter ads displayed on both their private and public pages. The User should not block these ads to continue receiving free features from CarryLinks. Optionally, Users have the choice to elevate their subscription to Premium membership, unlocking additional features and eliminating restrictions on certain functionalities. Premium Users, in contrast, enjoy an ad-free experience on their private and public pages. For Premium Users, it is important to note that ads may still appear on pages other the User's own "User" and "Public" pages. CarryLinks retains the right to introduce new features and make adjustments, restrictions, and/or deletions to existing ones.
By default, Users are in the Free tier, and no credit card information is required. Upgrading to Premium membership can be done at any time. When upgrading to the Premium tier, Users agree to the features and pricing of the Premium tier, and they must enter valid credit card information. The User is responsible for making sure that the credit card information is current and that the card has sufficient funds and is activated.
Upon activation of the Premium tier, you authorize us to charge you in advance monthly, every six months, or annually, per your request when you upgrade your account, at the then current rate.
Paid Premium subscriptions are automatically renewed at the end of each subscription period until canceled. Subscription fees are charged to the last payment method used.
CarryLinks does not save the User's credit card information. All payments are processed securely through Stripe. All digital communication between CarryLinks and Stripe is secure and encrypted.
CarryLinks may change the price of the Service at its sole discretion. If the price changes, Users with recurring subscriptions will be notified prior to the end date of their current payment cycle. If the User does not agree to the price change, the User must cancel the Premium subscription before the end of their current subscription. Not cancelling the subscription before the end of the current payment period reflects the User's agreement to continue the subscription with the new price change.
At CarryLinks' discretion, a User who becomes a Premium member for the first time may receive a full or partial refund for Premium membership payments if they cancel their subscription within the initial 24 hours of upgrading to Premium status. However, after this initial 24-hour period, CarryLinks will not provide any refunds or credits, including refunds for partial days of service or downgrades.
The User can cancel their Premium membership at any time to stop recurring payments. Access to Premium features will continue until the end date of the current subscription period. Upon the expiration of the subscription period, the User's account will automatically revert to the Free tier, retaining basic functionality while no longer enjoying the Premium features. Failure to pay for a paid subscription will result in reverting the User to the Free tier. Requesting to cancel your subscription by email is not considered cancellation. To cancel a subscription, Premium Users should do so from the Settings page.
15. Promotions and Referrals
By engaging in CarryLinks' optional promotional and referral programs, Users who choose to particiapte in such programs acknowledge and agree to comply with the stipulated terms. Users have the opportunity to refer friends and acquaintances to CarryLinks and may receive benefits or incentives contingent on the success of these referrals. The referred User must adhere to the required rules to be considered a successful referral. Rewards or incentives are subject to change. Any fraudulent or dishonest referral activities may lead to the removal of benefits and potential account consequences. For a comprehensive understanding of the terms and benefits associated with participation, Users are advised to consult the specific details and conditions outlined in the programs' documentation when available. CarryLinks also reserves the right to modify and/or cancel these programs at any time without prior notice or liability. We encourage Users to follow CarryLinks on its social media channels and to receive and read CarryLinks newsletters to learn more about such opportunities and to stay updated.
CarryLinks or User may terminate this agreement at any time and for any reason. The indemnity, limitation of liability, payment provisions, and all other provisions of these terms that, by their nature, are intended to survive any termination of these terms shall do so. Without limiting the foregoing, CarryLinks shall have the right to immediately terminate User's account in the event of any conduct by User which CarryLinks, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this agreement.
Premium Users may terminate their CarryLinks account at any time prior to the end of your current billing period. However, no refunds or credits will be offered by CarryLinks. You agree that CarryLinks, in its sole and exclusive discretion, may terminate the User account or remove and discard all or any part of your account or any content uploaded by you, at any time. CarryLinks may also in its sole and exclusive discretion and at any time discontinue providing access to its services, or any part thereof, with or without notice. You agree that any termination of your access to the services or your account may be affected without prior notice, and you agree that CarryLinks will not be liable to you or any third party for any such termination.
17. Inactive Accounts
At CarryLinks, we may classify an account as inactive if there is no login or other user activity for a continuous period of two years. Users with inactive accounts will receive notifications via the email address associated with their account, notifying them of the impending classification.
Users who believe their account was incorrectly classified as inactive can contact CarryLinks' customer support for resolution. It is important to note that CarryLinks reserves the right to update and modify this policy regarding inactive accounts at any time. Users are encouraged to review this policy periodically.
By continuing to use CarryLinks, you agree to abide by the terms outlined in this Inactive Accounts section. If you do not agree with these terms, it is advised to refrain from using the Services.
18. Links to Third Party Sites
CarryLinks is not responsible for the contents, changes, or updates to third party sites nor is CarryLinks responsible for any content contained in a linked website or for webcasting or any form of transmission received from any linked website. CarryLinks neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on CarryLinks by anyone other than authorized CarryLinks representatives while acting in their official capacities. CarryLinks IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY CarryLinks OF THE SITE. Under no circumstances will CarryLinks be liable for any loss or damage caused by a User's reliance on information obtained through CarryLinks. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through CarryLinks.
19. User-Generated Links
CarryLinks provides users with the capability to upload and share links on their Public pages. However, we expressly disclaim responsibility for the content and legitimacy of links uploaded by Users. Users are solely responsible for the links they share, and CarryLinks does not endorse, warrant, or guarantee the accuracy, legality, or safety of any linked content. By utilizing our platform, Users acknowledge and agree that CarryLinks assumes no liability for any consequences arising from the use or access of user-generated links. We encourage Users to exercise discretion and diligence when accessing external content through the links shared on Public pages.
CarryLinks does not monitor the User's links. However, CarryLinks shall have the right, but not the obligation, to monitor the content of links that are made "public" on the User's Public page to determine compliance with this agreement and any operating rules established by CarryLinks and to satisfy the law, regulation, or authorized government request. This includes, but is not limited to, the User's name, banner(s), profile image, bio, links, comments, and replies. Without limiting the foregoing, CarryLinks shall have the right to remove any content and/or block and/or delete accounts that CarryLinks, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. Any rights not expressly granted herein are reserved.
21. DMCA Policy
If you suspect that your copyrighted work has been replicated in a manner constituting copyright infringement and is accessible through the Services, please inform CarryLinks in accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"). To validate your complaint under the DMCA, submit the following details in writing to CarryLinks:
- An electronic or physical signature from a person authorized to act on behalf of the copyright owner.
- Identification of the copyrighted work you allege has been infringed.
- Identification of the URL where the allegedly infringed material is located on the Services.
- Contact information, including your address, telephone number, and email address, sufficient for CarryLinks to reach you.
- A statement affirming your good faith belief that the material's use, as complained of, is not authorized by the copyright owner, its agent, or the law.
- A statement, made under penalty of perjury, verifying the accuracy of the provided information and confirming your status as the copyright owner or an authorized representative.
22. Dispute Resolution Policy
We encourage users to first attempt to resolve any disputes or concerns informally by contacting CarryLinks customer support. Many issues can be resolved promptly through open communication.
In the event that an informal resolution is not possible, both parties agree to participate in mediation facilitated by a neutral third party. The mediator's role is to assist in reaching a mutually acceptable resolution. Both parties shall share the costs of mediation equally unless agreed upon otherwise.
If mediation does not result in a resolution, both parties agree to submit the dispute to binding arbitration. The arbitration shall be conducted by a single arbitrator in accordance with the rules of the American Arbitration Association. The arbitrator's decision will be final and binding, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Each dispute will be arbitrated on an individual basis and not on a class-wide or consolidated basis. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
This Dispute Resolution Policy shall be governed by and construed in accordance with the laws of the state of Montana, without regard to its conflict of law principles.
By using CarryLinks, Users agree to comply with this Dispute Resolution Policy. This policy ensures a fair and efficient process for resolving disputes, promoting positive User experiences on our platform.
23. Changes to the Terms
We may update these terms to reflect changes and updates in our Services, and we will notify Users via their account emails. The date when this policy is updated will be shown on this page. Acceptance of the new terms is implied by continuing to use the Services after the effective date.
P.O. Box: 2375
Missoula, MT 59806 USA