Terms of Service

[DRAFT] Updated: August 19, 2016

This is a draft of the Terms of Service, and it is very likely to change regularly during CarryLinks' Beta phase. Please come back to this page to check if there are any updates.

1. Acceptance

Thank you for visiting and using CarryLinks.com. 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, mobile app, 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 of Use (“TOU”). 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 TOU can be reviewed by clicking the "Terms of Use" hypertext link located at the bottom of our Web pages.

This Agreement incorporates by reference other provisions applicable to use of CarryLinks, including but not limited to supplemental terms and conditions set forth hereof (“Supplemental Terms”) and governs the use the specific material contained in CarryLinks by User. The right to use CarryLinks is personal to User and is not transferable to any other person or entity. CarryLinks shall have the right at any time to update, modify, change or discontinue any aspect or feature of CarryLinks or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on CarryLinks or by electronic mail. Any use of CarryLinks by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions to CarryLinks Terms of Use. These Terms, any Premium Services Terms, and our Privacy Policy (collectively, the "Agreement"), supersede all prior agreements or understandings between the parties, whether written or oral. The Premium Services Terms may include rules, policies and conditions covering such matters as cancellations and refunds. In the event of any conflict between these Terms and the Premium Services Terms, the Premium Services Terms shall take precedent with respect to the particular Premium Services at hand. CarryLinks and its users are independent contractors, and no agency, employment or partner relationship exists between CarryLinks and any of these persons. The Agreement is assignable by CarryLinks, but is not assignable by you without our prior written consent. No waiver of any term of the Agreement will be valid unless in writing and acknowledged in writing by the party against whom enforcement is sought. No failure on our part to enforce strict performance of any part of the Agreement will constitute a waiver of any provision of, or any of our rights, under the Agreement. The section headings used herein are for convenience only and shall not be given any legal import.

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. The foregoing provisions of Section 5 are for the benefit of CarryLinks, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. 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 express 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 affiliates, members, managers, directors, officers, employees, agents, 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 affiliates, its and their respective owners, directors, officers, members, employees, and agents 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 site.

4. Termination

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.

5. 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 password and username. 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.

6. Links to Third Party Sites

CarryLinks is not responsible for the contents, changes, or updates to such 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.

7. Monitoring

CarryLinks does not monitor the links that its users upload. However, CarryLinks shall have the right, but not the obligation, to monitor the content of CarryLinks when users interact with one another, to determine compliance with this Agreement and any operating rules established by CarryLinks and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, CarryLinks shall have the right to remove any material 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.