Last Updated: October 28, 2016
PLEASE BE AWARE THAT SECTION 19 OF THIS AGREEMENT CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION AND THAT WILL BE ON AN INDIVIDUAL BASIS (NOT AS A MEMBER OF A CLASS). ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THIS AGREEMENT, YOUR ACCESS OR USE OF THE APP, OR TO ANY ASPECT OF YOUR RELATIONSHIP WITH BELINKED WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. IF YOU ELECT TO PURCHASE A PREMIUM FEATURE OF THE APP, YOU ACKNOWEDGE THAT IT MAY HAVE AN AUTOMATIC RENEWAL SUBSCRIPTION FOR WHICH YOU WILL BE CHARGED. YOUR SUBSCRIPTION WILL RENEW IF YOU DO NOT CANCEL IT PRIOR TO YOUR RENEWAL DATE. (SEE SECTION 6 BELOW).
There may be times when we offer a special feature that has its own terms and conditions that apply in addition to this Agreement. In those cases, the terms specific to the special feature control to the extent there is a conflict with this Agreement.
By using the App you represent and warrant that (i) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions hereof and (ii) you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.
BeLinked grants you a limited, non-exclusive license to access and use the App for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else.
Except as expressly permitted by BeLinked in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the App nor will you take any measures to interfere with or damage the App. All rights not expressly granted by BeLinked are reserved.
The App is for personal use only. You may not use the App in connection with any commercial endeavors, including but not limited to (i) advertising or soliciting any user to buy or sell any products or services not offered by BeLinked or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. Users of the App may not use any information obtained from the App to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the App for any purpose. BeLinked may investigate and take any available legal action in response to illegal and/or unauthorized uses of the App, including against users that collect usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the App.
You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify BeLinked of any disclosure or unauthorized use of your username or password or any other breach of security, and ensure that you log out from your account at the end of each session.
To use the App, you must register an account using your LinkedIn® login, meaning you are authorizing us to access certain information in your LinkedIn® account, including information about LinkedIn® connections you might share in common with other App users. By allowing us to access your LinkedIn® account, you expressly acknowledge and agree that we may obtain and share your name and a profile picture, as well as the name and profile picture of your LinkedIn® connections who are common LinkedIn® connections with other App users in your network or geolocation. Please be aware that the App has geolocation enabled by default and we cannot disable it. Please take precautions to protect your password and contact us at help@BeLinkedApp.com if you believe your account has been accessed by an unauthorized person.
YOU MAY SUBSCRIBE TO PREMIUM FEATURES ON THE APP (“PREMIUM FEATURES”) VIA AN APPLE IN-APP PURCHASE, OR AN ANDROID IN-APP PURCHASE. THE PREMIUM FEATURES ARE A MONTHLY SUBSCRIPTION FOR WHICH YOU MAY BE CHARGED EACH MONTH (“SUBSCRIPTION”) UNTIL YOU CANCEL FOLLOWING THE DIRECTIONS BELOW. THE FOLLOWING TERMS APPLY
(A) Your Subscription will continue indefinitely until terminated in accordance with this Agreement. Unless BeLinked sends you a notice of a price change, the Subscription price during the renewal period will continue at your original Subscription price. Monthly Subscriptions are not refundable. If you cancel a monthly Subscription, you may use your Subscription until the end of your then-current Subscription term; your Subscription will not be renewed after your then-current term expires. If you have any problems, please email help@BeLinkedApp.com.
(1) Subscription Through Apple In-App Purchase:
To subscribe to the Premium Features via the Apple App Store, you will make an in-App purchase. The terms of your subscription are subject to the payment terms that we present to you in the Apple App when you are making your in-App purchase as well as Apple’s terms and conditions available at http://www.apple.com/legal/internet-services/itunes/appstore/jm/terms.html. To have automatically renewing subscriptions with Apple, you must use a valid payment method with Apple or have enough credit to cover the amount of your payment.
You can cancel automatic renewals of your Subscription via the Apple App by going to “Menu” and then “App Settings” and then following the instructions or you can cancel by visiting: https://support.apple.com/en-us/HT202039.
(2) Subscription Through Android In-App Purchase:
To subscribe to the Premium Features via an Android App, you will make an in-App purchase. The terms of your subscription are subject to the payment terms that we present to you in the Android App when you are making your in-App purchase as well as Google’s terms and conditions available at https://play.google.com/about/play-terms.html. To have automatically renewing subscriptions with Google, you must use a valid payment method with Google or have enough credit to cover the amount of your payment.
You can cancel automatic renewals of your Subscription via the Android App by following the instructions within the Android App or you can cancel by visiting: https://support.google.com/googleplay/answer/7018481
This Agreement is effective on the date you first use the App and continues until terminated in accordance with the provisions hereof.
BeLinked may suspend, disable, or delete your account (or any part thereof) if BeLinked determines in its sole and absolute discretion that you have violated any provision of this Agreement or that your conduct or content would possibly damage BeLinked’s reputation or goodwill. If BeLinked deletes your account for the foregoing reasons, you may not re-register under a different name. Upon termination, all licenses granted by BeLinked hereunder will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. BeLinked shall not be responsible for the loss of any such content.
Although it is BeLinked’s intention for the App to be available as much as possible, there will be occasions when the App may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, BeLinked reserves the right to remove any content or features from the App for any reason, without prior notice. Content or features removed from the App may continue to be stored by BeLinked, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. You also acknowledge that the Internet may be subject to breaches of security and that the submission of content or other information may not be secure.
Any user has the option and ability to delete his or her own account and profile. A user may terminate his or her account by going to the “App Settings” located in the “Menu” within the App, and selecting "Delete BeLinked Profile."
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER APP USERS. YOU UNDERSTAND THAT BELINKED CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. BELINKED ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. BELINKED MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USER. BELINKED RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
BeLinked is not responsible for the conduct of any user of the App. You understand that BeLinked makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the App. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
IN NO EVENT SHALL BELINKED BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANY OTHER USER IN CONNECTION WITH THE USE OF THE APP, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE APP OR PERSONS YOU MEET THROUGH THE APP. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE APP, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
BeLinked reserves the right to modify the App at any time. You are responsible for providing your own access to the App. BeLinked has no obligation to screen or monitor any content and does not guarantee that any content available on the App complies with this Agreement or is suitable for all users.
BELINKED PROVIDES THE APP ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU THEREFORE USE THE APP AT YOUR OWN RISK. BELINKED EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW. Without limiting the foregoing, BeLinked makes no representations or warranties of any kind including but not limited to:
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the App, and no warranties shall apply after such period.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CUMULATIVE LIABILITY OF BELINKED, ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, YOUR USE OF THE APP OR TO ANY ASPECT OF YOUR RELATIONSHIP WITH BELINKED, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT RECEIVED BY BELINKED FROM YOU DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, OR (B) $100. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN YOU AND BELINKED, THAT THE PARTIES TO THIS AGREEMENT HAVE RELIED UPON SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, AND THAT ABSENT SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, THE TERMS AND CONDITIONS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION 8 SHALL NOT EXTEND TO CLAIMS FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE BY USERS WHO RESIDE IN THE STATE OF NEW JERSEY OR TO CLAIMS BY NEW JERSEY RESIDENTS FOR ANY DAMAGES CAUSED BY BELINKED’S FRAUD, DECEPTION, FALSE PROMISE, MISREPRESENTATION, OMISSION OF ANY MATERIAL FACT OR INTENTIONAL OR RECKLESS MISCONDUCT.
In using the App, you must behave in a civil and respectful manner at all times. Further, you will not:
BeLinked has the right, but not the obligation, to monitor all conduct on and content submitted to BeLinked or the App and to delete any content at any time at its sole discretion.
You are solely responsible for the content that you publish or display (hereinafter, “post”) on the App, or transmit to other users. You will not post on the App, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to BeLinked or to any other user. If information provided to BeLinked, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. By way of example, you may not upload, post, or transmit any content that:
You may not include in your user profile any telephone numbers, street addresses, last names, URLs or email addresses.
BeLinked owns and retains all proprietary rights in the App, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The App contains the copyrighted material, trademarks, and other proprietary information of BeLinked and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the App, without first obtaining the prior written consent of BeLinked or, if such property is not owned by BeLinked, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content in the App, including copyright, trademark and other intellectual property notices.
You hereby grant BeLinked and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content posted to the App. In addition, you waive any so-called “moral rights” in your content. You further grant all users of the App permission to view your content for their personal, non-commercial purposes. You hereby grant BeLinked the perpetual, royalty-free right to use any communications or suggestions on improving or adding new features to the App.
For each piece of content that you submit, you represent and warrant that: (i) you have the all rights necessary to submit the content to BeLinked and grant the licenses set forth above; (ii) BeLinked will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless BeLinked and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on or use of the App; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to BeLinked or the App violates any law or infringes any third party right, including any intellectual property or privacy rights.
BeLinked respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to the App do not infringe any third party copyright. BeLinked will promptly remove materials in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. In addition, BeLinked may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
You may submit this information via:
If you believe that your content has been removed by mistake or misidentification, please provide BeLinked with a written counter-notification containing the following information:
Your electronic or physical signature.
You may submit this information via:
Please note that we will provide complete counter-notifications to the person making the DMCA claim. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the disabled materials. Until that time, your materials will remain disabled.
Warning: In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make DMCA your notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of the requirements, your notification or counter-notification may not be processed. In addition, please make sure that all of the information you provide is accurate.
UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.
You may send a DMCA notice, a DMCA counter-notification, or any inquiries concerning intellectual property to BeLinked, Inc.’s Copyright Agent at help@BeLinkedApp.com. Please put “Copyright Agent” in the subject line.
To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and BeLinked agree that all claims and disputes arising out of or relating to the Agreement, your access or use of the App, or to any aspect of your consumer relationship with BeLinked will be litigated exclusively in the state courts located in Los Angeles County, California or federal courts located in the Central District of California.
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with BeLinked and limits the manner in which you can seek relief from us.
a. Applicability of Arbitration Agreement. You agree that any dispute or claim between you and us relating in any way to this Agreement, your access or use of the App, or to any aspect of your consumer relationship with BeLinked, will be resolved by binding arbitration, rather than in court, except that (1) you and BeLinked may assert claims in small claims court if the claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or BeLinked may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before or after the effective date of this Agreement.
IF YOU AGREE TO ARBITRATION WITH BELINKED, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST BELINKED ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST BELINKED IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.
b. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim and the relief sought to our registered agent at CORP 2000, 720 14th Street, Sacramento, CA 95814. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/ and all other claims shall be subject to JAMS’ most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’ rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’ filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, BeLinked will pay them for you. In addition, BeLinked will reimburse all such JAMS’ filing, administrative, hearing and/or other fees for claims with an amount in controversy totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, BeLinked will not seek attorneys’ fees and costs in arbitration.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
c. Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and BeLinked. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
d. Waiver of Jury Trial. YOU AND BELINKED HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and BeLinked are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 19(a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
e. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. Notwithstanding anything to the contrary in this Agreement, in the event that this subparagraph is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor we are entitled to arbitration for such claim or dispute and instead the applicable claim or dispute shall be resolved by a court as set forth in Section 18.
f. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: P.O. Box 49319, Los Angeles, CA 90049, Attn: Legal Department or help@BeLinkedApp.com (with “Attn: Legal” in the subject line), within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
g. Severability. Subject to Section 19(e), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
h. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with BeLinked.
i. Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if BeLinked makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to us.
When you download the App, you may do so through a third party’s App Store (“App Store Sourced Application”). You acknowledge that the terms of this Agreement are between you and us and not with the owner or operator of the App Store (“App Store Owner”). As between the App Store Owner and us, we, and not the App Store Owner, are solely responsible for the App Store Sourced Application, including the content, maintenance, support services, and warranty, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App Store Sourced Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store Owner in connection with the App Store Sourced Application. The following applies to any App Store Sourced Application:
(a) Your use of the App Store Sourced Application must comply with the App Store’s “Terms of Service” or equivalent terms.
(b) You acknowledge that the App Store Owner has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
(c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify the App Store Owner, and the App Store Owner will refund the amount you paid in connection with the App Store Sourced Application to you (if any) and to the maximum extent permitted by applicable law, the App Store Owner will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between BeLinked and the App Store Owner, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of BeLinked
(d) You and we acknowledge that, as between BeLinked and the App Store Owner, the App Store Owner is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to:
(i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(e) You and we acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between BeLinked and the App Store Owner, BeLinked, not the App Store Owner, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
(f) You and we acknowledge and agree that the App Store Owner, and the App Store Owner’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of this Agreement, the App Store Owner will have the right (and will be deemed to have accepted the right) to enforce the terms of this Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
(g) Without limiting any other terms in this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any arbitrator or any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by BeLinked in exercising any right hereunder will waive any further exercise of that right. BeLinked’s rights and remedies hereunder are cumulative and not exclusive.
ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without BeLinked’s prior written consent but BeLinked may assign this Agreement without restriction. Except as otherwise provided herein, no third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from BeLinked electronically. BeLinked may provide all such communications by email or by posting them on the App. Support-related inquiries or notices of a legal nature (such as a subpoena) may be sent to us at help@BeLinkedApp.com.
Nothing herein shall limit BeLinked’s right to object to subpoenas, claims, or other demands.
We reserve the right to change the terms and conditions of this Agreement at any time. Those changes will go into effect on the “last updated” date shown in the revised Agreement. If we change this Agreement, we will give you notice by posting a notice and the revised Agreement on the App. If we make any material changes, and you have provided us with your e-mail address, we will also send an e-mail to you at the last e-mail address you provided to us. We also encourage you to check this Agreement from time to time to see if it has been updated.
We may require you to provide consent to the updated Agreement before further use of the App is permitted. By continuing to use the App, you agree to be bound by such changes. If the modified terms are not acceptable to you, your only recourse is to cease using the App. This Agreement constitutes the entire understanding between BeLinked and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
Under California Civil Code Section 1789.3, users of the App from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact the company at P.O. Box 49319, Los Angeles, CA 90049.