LinksManagement Terms of Service
Revised: May 2018
PLEASE READ THIS CLIENT / AFFILIATE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY LinksManagement (“COMPANY”). YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT ON DEFAULT, IF YOU EFFECTUATE THE PURCHASE OF AT LEAST 1 LINK BY USING LINKSMANAGEMENT BUY LINKS INVENTORY. THIS AGREEMENT COVERS ALL LINKS WHICH ARE BEING PURCHASED OR HAVE BEEN ALREADY PURCHASED THROUGH HTTP://CP.LINKSMANAGEMENT.COM. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU WILL NOT HAVE ANY RIGHT TO USE THE SERVICES OFFERED BY THE COMPANY. COMPANY’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
The Web pages available at https://www.linksmanagement.com and http://cp.linksmanagement.com, and all linked pages unless indicated otherwise (“Site”), are owned and operated by Company, and are accessed by you (“Customer”) under the following terms and conditions. Company reserves the right to change Terms of Service without notice or liability to Customer by posting revised Terms of Service on the Site. Further use of the Site will constitute acceptance of revised Terms of Service, so please, check this page from time to time.
By accessing or using linksmanagement.com website in any way, and/or by purchasing services from this website, you expressly acknowledge and agree to be bound by these terms and conditions. If you do not agree to these terms, you must not use our site.
You also agree that you have read and understood the Acceptable Use Policy of PayPal. Your continued use of LinksManagement services confirms that you do not perform or willing to perform any prohibited activities listed there.
By accessing linksmanagement.com you also agree to the Acceptable Use Policy, Terms of Service, and legal documentation of Visa, Mastercard, Amex, PayPro, Discover, and other payment processors and gateways used by LinksManagement.
You may not use our service for any unlawful purposes or in furtherance of illegal activities. By using LinksManagement, you agree to comply with all applicable laws governing your online conduct and content.
By continuing to use the site you agree that you have read, understood and will oblige to these Terms of Services, LinksManagement Privacy Policies and Acceptable Use Policies of LinksManagement and all the payment processors and gateways used by LinksManagement. You are independently responsible for complying with all applicable laws in all of your actions related to your use of LinksManagement services, regardless of the purpose of the use.
1. MEMBERSHIP RESTRICTIONS
Individuals that are in anyway affiliated with, agents of, working for, or employed by any internet search engine organization may not register to use this site.
2. DESCRIPTION OF SERVICES
The Company is providing brokerage services between the site owner who sells internet advertising space (“Publisher”) and the Customer (“Services”). The Company also controls displaying internet advertisements on various websites that serve as publishers thereof. By using Services, you agree to become an advertising client on default. You also certify that you will use the Site only for the purpose of browsing the Company’s Buy Links inventory, with a sincere interest in buying or selling text link advertisements and you will not access the Site for any other reason.
Company reserves the right to market text link advertisements offers directly to your email address you use to sign up. You may opt out of these mailers at any time. We as a company that makes special offers and deals in selling our products reserve the right to change the terms and conditions to run such offers at any time.
4. EXCLUSIVITY PROVISIONS
A. This Agreement imposes no restrictions on Customer’s right to use any advertising services it deems appropriate.
B. Customer understands that other users will have access to the Company’s Services and Site, including competitors of Customer.
5. DISCLAIMER OF LIABILITY
A. Company will not have any duty to control the content that Customer or any other users make available through the Site, and Company is not liable for the accuracy of any content displayed through its Site. Customer assumes all risk related to its published content. Customer releases the Company from all liability related to the publication of its content through the Site.
B. THE SERVICES PROVIDED TO CUSTOMER ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND. COMPANY DOES NOT WARRANT THE RESULTS OF USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE RESULTS OF ANY ADVERTISING CAMPAIGN, AND CUSTOMER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER.
C. COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON OR THROUGH THE SITE, SERVICES OR ANY WEBSITE LINKED TO THE SITE. Company will not be liable for the privacy of any information or content stored on Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with Customer’s use of the Services.
The materials in our site are provided “as is” and without warranties of any kind either express or implied. The Internet Company LinksManagement disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Internet Company LinksManagement does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that our pages on any server are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the materials in our sites in terms of their correctness, accuracy, reliability, or otherwise. You (and not us) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The Internet Company LinksManagement WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
USE OF (OR INABILITY TO USE) THE SITE/S
USE OF (OR INABILITY TO USE) ANY SITE/S TO WHICH YOU HYPERLINK FROM OUR SITE/S
FAILURE OF OUR SITE/S TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
ERROR ON OUR SITE/S
OMISSION ON OUR SITE/S
INTERRUPTION OF AVAILABILITY OF OUR SITE/S
DEFECT ON OUR SITE/S
DELAY IN OPERATION OR TRANSMISSION OF OUR SITE/S
COMPUTER VIRUS OR LINE FAILURE
PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “CONSEQUENTIAL DAMAGES.”)
OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “INCIDENTIAL DAMAGES.”)
WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
If you have any additional questions or concerns about this Policy, please feel free to contact us.
6. LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY CUSTOMER THEREFOR; OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO CUSTOMER.
The following terms govern and apply to our contextual link building service located at www.linksmanagement.com.
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THE INTERNET COMPANY’S SERVICE AND IT’S POTENTIAL. THERE IS NO GUARANTEE THAT YOU WILL INCREASE YOUR PAGE RANK, INCREASE YOUR SEARCH ENGINE RANKINGS, INCREASE YOUR WEBSITE TRAFFIC OR EARNINGS USING OUR CONTEXTUAL LINK BUILDING SERVICE. EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE. YOUR LEVEL OF SUCCESS IN ATTAINING RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE SERVICE, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.
MATERIALS IN OUR PRODUCTS AND OUR WEBSITES MAY CONTAIN INFORMATION THAT INCLUDES FORWARD-LOOKING STATEMENTS THAT GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS ANTICIPATE, ESTIMATE, EXPECT, PROJECT, INTEND, PLAN, BELIEVE, AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE. ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE’S, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR SERVICE AND TECHNIQUES.
Facts and information at this website are believed to be accurate at the time they were placed on the website/s. Changes may be made at any time without prior notice. All data provided on our websites is to be used for information purposes only. The information contained on this website and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and is limited to information that is made available to The Internet Company LinksManagement and such information should not be relied upon as all-inclusive or accurate.
Customer agrees not to disclose Company Confidential Information without Company’s prior written consent. “Company Confidential Information” includes without limitation all Company software, technology, programming, technical specifications, materials, guidelines and documentation Customer learns, develops or obtains that relate to the Services or the Site, and any other information designated in writing by Company as “confidential” or any designation to the same effect. “Company Confidential Information” does not include information that has become publicly known through no breach by Customer or Company, or information that has been (a) independently developed without access to Company Confidential Information as evidenced in writing; (b) rightfully received by Customer from a third party; or (c) required to be disclosed by law or by a governmental authority.
9. PAYMENTS AND REFUND POLICY
Customer agrees to pay LinksManagement all charges made to Customer’s account for the Service in accordance with these Terms of Service.
If LinksManagement does not receive timely payment or if Customer exceeds prepayment hereunder:
- Customer will incur a debit balance for the value of any unpaid charges incurred under your account,
- Customer agrees to pay all amounts due on your account upon demand, and
- LinksManagement reserves the right to either suspend or terminate Customer’s account with LinksManagement.
Any fees for the Services which are charged to Customer account, as well as the initial and all deposit(s), are non-refundable after 30 days of payment.
Customer agrees to submit any disputes regarding any charge to their account in writing to LinksManagement within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
In the event Customer’s payment method cannot be charged for monthly subscription fees, Customer account will be locked. If account remains inactive for 180 days, the balance in the account will be charged as an inactive fee. If Customer fails to make payment as set forth herein, Customer will be responsible for all reasonable expenses (including attorneys’ fees) incurred by LinksManagement in collecting such amounts.
All prices are in United States dollars and do not include taxes that may be assessed by any jurisdiction. If withholding taxes or any other taxes are imposed by any jurisdiction on the transactions pursuant to this Agreement, Customer shall pay such taxes to ensure that LinksManagement receives the full amount invoiced to them without offset or deduction. Reports are free of charge, but the cost of certain reports (Competitor Research Analysis, On-page optimization analysis and recommendations, Link Profile Analysis, Keyword Research) is deducted from the refund.
Customer agrees to promptly:
- update all information to keep their account and credit card billing current, complete and accurate (such as a change in billing address or e-mail),
- notify LinksManagement in writing if they become aware of a potential breach of security, such as the unauthorized disclosure or use of their user name or password, and
- notify LinksManagement in writing if their credit card is canceled. Upon termination, suspension or discontinuation of the Service or Customer’s participation therein, all outstanding payment obligations incurred by Customer under the Service will become immediately due and payable.
Customer has the right to claim partial or full refund in the circumstances defined by the LinksManagement Refund Policy:
- LinksManagement guarantees 100% refund for a link if it was not successfully installed within 5 days on the publisher’s website for any reason.
- LinksManagement guarantees 100% refund for a link if Customer cancels it within 5 days after installation.
- LinksManagement guarantees that permanent links will stay alive for at least 6 months.
- Customer will get a partial refund for the unused period if the successfully placed link was later removed by the publisher and not recovered within 12 days.
- LinksManagement guarantees that the page where the backlink is placed won’t have such attributes as “noindex” or “nofollow”, unless Customer want it to have these attributes by checking the appropriate checkbox or letting LinksManagement know in any other way.
- LinksManagement guarantees that the purchased ad link will contain the anchor text provided by Customer during the order placement.
More information about the refund events can be found in the Refund Policy section.
If either Customer or LinksManagement terminate the Services and notify the other party by any means, any fees paid hereunder are non-refundable and non-cancelable.
If Customer violates LinksManagement Terms of Service, they waive the right to qualify for payout and any fees paid hereunder are non-refundable and non-cancelable.
10. CREDIT CARD CHARGES
Customer authorizes LinksManagement to charge Customer’s credit card (as provided by you) for all charges to your account and renewal charges as they come due. A person, uploading money, makes a purchase of credits. If 30 days pass after the date of credits purchase, the funds spent on their purchase cannot be returned and may be spent on links, reports etc. Customer’s non-termination or continued use of the Service reaffirms that LinksManagement is authorized to charge your credit card or other source of payment. LinksManagement may submit those charges for payment and Customer will be responsible for such charges. LinksManagement reserves the right to modify, suspend or terminate the required method of payment for use of the Service at any time. If LinksManagement modifies the terms of the method of payment as outlined in this Section, the modifications will be reflected in an updated version of the Agreement posted on the LinksManagement Website. If you do not consent to such modified terms, you must immediately discontinue use of the Marketplace. Customer’s continued enrollment after any modifications constitutes your acceptance of the terms of the method of payment as modified. You understand that all of your active backlinks may be removed if your credit card or other payment source does not allow additional charges or rejects any charges made to it by LinksManagement in which your account equals or exceeds your budget amount. Unless Customer or LinksManagement discontinues your enrollment or participation in this Payment Plan, you understand that this pre-authorization is valid until the termination of the Agreement or the applicable Master Agreement with LinksManagement. For your future reference, you agree to retain, either by printing or otherwise saving, a copy of the Agreement, which provides the terms of your pre-authorization.
11. CONTESTING CHARGEBACKS
In certain cases, you may apply for chargebacks. You acknowledge and agree that if the chargeback dispute is resolved in company’s favor, the charged amount of money will NOT be returned to your LinksManagement account or any other your account. You understand and acknowledge that after you make a chargeback claim, open dispute or reversal, the service that LinksManagement offers (i.e. backlinks that you purchase to the chargeback amount) will be cancelled and CANNOT be returned after resolved chargeback case.
In addition, you will reimburse us all costs and expenses caused to us in connection with any Chargebacks or Refunds, including without limitation legal fees.
Your access to any of LinksManegement services can be terminated at any time and without prior notice, if you’re using our products for websites from the following categories (“Prohibited Categories”):
- sites that violate any law, statute, ordinance or regulation with their activities.
- sites that relate to actions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) pharmaceutical goods, including, but not limited to dietary supplements, drugs, herbs, vitamins, sports nutrition, etc., (d) alcohol, cigarettes, tobacco, etc., (e) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (f) stolen goods including digital and virtual goods, (g) the promotion of hate, violence, racial or other forms of intolerance that is discriminatory or the financial exploitation of a crime, (h) items that are considered obscene, (i) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (j) hacking, warez, cheat codes, unlicensed software, (k) adult and certain sexually oriented materials or services, (l) ammunition, firearms, or certain firearm parts or accessories, or (m) certain weapons or knives regulated under applicable law, (n) dating, (o) gambling, (p) sports betting.
- sites that relate to actions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) involve Forex trading, binary options, (e) are forums or announcement marketplaces, (f) are for the sale of certain items before the seller has control or possession of the item, (g) are by payment processors to collect payments on behalf of merchants, (h) are associated with the sale of traveler’s checks or money orders, (i) involve currency exchanges or check cashing businesses, (j) involve sale of fakes, (k) involve occult and magical services, (l) are medical websites without valid licenses (m) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (n) involve offering or receiving payments for the purpose of bribery or corruption.
- sites that involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.
In case you’re using LinksManagement for websites in these or related categories, your account will be permanently banned and no refund shall be provided under no circumstance for any of the services you have purchased with LinksManagement.
If the Customer violates LinksManagement Terms of Service or PayPal Acceptable Use Policy, the customer waives their right to qualify for payout and any fees paid hereunder are non-refundable and non-cancelable.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
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