Updated: February 10, 2022
The terms listed below (the "Terms") are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Website and any related applications, such as browser plugins/extensions.
This Agreement is between you (“you” or “your” and CarryLinks, a Montana limited liability company (“CarryLinks”, “we”, “us”, or “our”) and governs your use of the CarryLinks.com website, browser plugins/extensions, and any related tools or services (collectively, the “Services”. By using these Services (other than for initial reading of this Agreement), you agree to be legally bound by these Terms. Please review these Terms carefully, as they contain important information regarding your rights and obligations, including arbitration of legal disputes. The most current version of the Terms can be reviewed by clicking the "Terms" hypertext link located at the bottom of our web pages.
2. User Conduct
User shall use CarryLinks for lawful purposes only and shall not post or transmit through CarryLinks any material violating or infringing in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. Any conduct by a User that, in CarryLinks discretion, restricts or inhibits any other User from using or enjoying CarryLinks will not be permitted. Note: you must be 13 years of age or older to use the Services, and by using the Services, you confirm that you are at least 13 years old.
3. Disclaimer: Limitation of Liability
User expressly agrees that use of CarryLinks is at the User’s sole risk. The Services as well as all information and content which may be provided through the Services are provided AS IS and without any representations or warranties, whether expressed or implied, including warranties of accuracy, non-Infringement, or fitness for a particular purpose other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this Agreement.
In no event will CarryLinks, its founders, directors, members, managers, employees, third party service providers or any other person or entity involved in creating, producing, or distributing CarryLinks or CarryLinks Software be liable for any damages including, without limitation, direct, indirect, incidental, special, exemplary, consequential, or punitive damages nor is CarryLinks liable for damages resulting from loss of business profits, business interruption, loss of business information, loss of data, and the like whether in an action based in contract, tort or otherwise arising out of or in connection with your access or use of the Services. This disclaimer of liability also applies to damages caused by communication line failure, unauthorized access to, alteration of, or use of record whether for breach of contract, negligence, or any other posting or other communication by any User or third party whether or not made available through the Services. None of the foregoing parties shall be liable for any third party claims or losses of any nature, including, but not limited to lost profits, punitive, or consequential damages. Some jurisdictions do not allow the disclaimer of warranties or exclusions of damages. So, these provisions may not apply to you to the extent prohibited by law. User agrees to defend, indemnify, and hold harmless CarryLinks, its founders, directors, officers, members, and employees from all claims and demands, expenses, damages and liabilities (including, without limitation, attorneys' fees) caused by your use of the Services, your business or personal activities, or any content, products or services furnished by you, or your breach of these Terms. User hereby acknowledges that the provisions of this section shall apply to all content on the website and plugins.
4. Member Account, Password, and Security
If any part of CarryLinks Services requires User to open an account, User must complete the registration process by providing CarryLinks with current, complete and accurate information as prompted by the applicable registration form as well as choose a strong password when applicable (e.g., creating an account using third party websites, such as Facebook and Google). User is entirely responsible for any and all activities occurring under User's account, for maintaining the confidentiality of User's password and account, and for ensuring all use of User's account complies fully with the provisions of this Agreement. User agrees to notify CarryLinks immediately of any unauthorized use of User's account or any other breach of security. CarryLinks will not be liable for any loss that User may incur as a result of someone else using User's password or account, either with or without User's knowledge. However, User could be held liable for losses incurred by CarryLinks or another party due to someone else using User's account or password. User may not use anyone else's account at any time, without the account holder's permission.
CarryLinks offers two subscriptions tiers: Free and Premium. When User creates an account, they are in the Free subscription tier. Free users can enjoy the free features offered by CarryLinks. Free users will have ads shown on their private and public pages. Optionally, Users can upgrade their subscription to Premium membership to enjoy more features and remove restrictions from other features. Premium Users will not have ads on their private and public pages. Ads might show on non-User related pages whether User is in the Free or Premium tier. CarryLinks reserves the right to add more features and modify, restrict and/or delete existing ones.
We may, at our sole and exclusive discretion, offer you a referral program whereby you may earn free premium membership for a certain amount of time for referring a certain number of people to create, activate, and use CarryLinks Services. CarryLinks reserves the right to modify and/or cancel referral programs at any time without notice.
6. Recurring Billing
When signing up for a Premium tier offered by CarryLinks, you agree to the features and pricing of the selected tier. Upon activation of the Premium tier, you authorize us to charge you monthly, every six months, or annually, per your request when you upgrade your account, at the then current rate.
CarryLinks may change the price of the Service at any time at CarryLinks sole and exclusive discretion, and if User has a recurring subscription, CarryLinks will notify User by email, or other reasonable manner, at least 15 days before the price change. If User does not agree to the price change, User must cancel premium subscription before the price change takes effect. Premium membership will continue until the end date of the current subscription, and no refund will be given to User.
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.
You may terminate your Premium membership at any time prior to the end of your current billing period. You agree that CarryLinks, in its sole and exclusive discretion and for any or no reason, may terminate any account you may have with CarryLinks or use of the Properties and 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 any account you may have may be effected without prior notice, and you agree that CarryLinks will not be liable to you or any third party for any such termination. Termination of your account does not relieve you of any payment obligations.
8. 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 link contained in a linked site or for webcasting or any form of transmission received from any linked site. 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 employee spokespersons 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.
CarryLinks does not monitor User’s private links. However, CarryLinks shall have the right, but not the obligation, to monitor the content of CarryLinks on public pages, to determine compliance with this Agreement and any operating rules established by CarryLinks and to satisfy any law, regulation or authorized government request. This includes, but not limited to, the User’s user name, banner(s), profile image, bio, links, comments, and replies. Without limiting the foregoing, CarryLinks shall have the right to remove any content 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.