Please read these Linksys Cloud Manager Terms of Service (this “Agreement”) carefully before completing the registration process and/or using the Linksys Cloud Manager service. This Agreement creates an agreement between you and Linksys USA, Inc. (together with its affiliates, "Linksys", “we” or “us”) regarding your use of the Linksys Cloud Manager service, including any apps (“Apps”) that facilitate use of the Linksys Cloud Manager service ("Service"). Your use of the Service is governed by this Agreement, the Linksys Cloud Manager Privacy Notice (“Privacy Notice”) and any end user license agreements applicable to the Apps or Products (as defined below) you have purchased.
This Agreement contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you. By checking the "I Accept" box and/or registering for or using the Service, you agree to be bound by this Agreement. If you do not agree to this Agreement or if you do not have authority to enter into this Agreement, then do not check “I Accept” box and do not use the Service.
You must be at least 18 years old and have attained the age of majority in your state or country to enter into this Agreement or access the Service. If you are entering into this Agreement on behalf of an entity, you must be properly authorized to represent that entity and to accept this Agreement on its behalf.
THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION AND ARBITRATION PROVISION IN SECTION 11, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS HEREUNDER WITH RESPECT TO DISPUTES YOU MAY HAVE WITH LINKSYS. YOU MAY OPT OUT OF SUCH ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED IN SECTION 11.
1. Availability of the Service
To access the Service, you will need a Linksys Business Access Point or Business Switch (the “Product”) and broadband Internet access (sold separately through your service provider). Check the Product packaging for any minimum system requirements.
As long as you comply with the terms of this Agreement, Linksys grants you a limited, revocable, nonexclusive, non-assignable, non-sublicenseable right to access and use the Service as it is intended to be used and in accordance with this Agreement and all applicable laws and regulations. We grant you no other rights, implied or otherwise.
Linksys will make the Service available and will provide basic technical support in our sole discretion. To the extent permitted by the local consumer laws in your country, including the laws referred to in Section 9 below if you are a customer in Australia or New Zealand, Linksys reserves the right to offer and/or withdraw any Product or the Service (or any portion or feature thereof) in any country or jurisdiction. From time to time, we may enhance or modify the Service to provide additional features, address technical issues and generally make your user experience better. In addition, we may perform scheduled maintenance to update the servers and software that are used to provide the Service and, if necessary, perform emergency maintenance of the Service without notice. We will notify you of any Service or firmware updates and upgrades that affect your privacy rights.
To register for the Service, you will need to input an email address and password (the "Registration Information"). This email address and password are required for authentication purposes. You are responsible for maintaining the confidentiality and security of your Registration Information, and you agree to promptly notify Linksys of any unauthorized use of your Linksys Cloud Manager account. To contact Linksys, please use the contact information here.
Once you have completed the registration process, you may use the Service in accordance with and subject to the terms of this Agreement.
Neither you nor Linksys will disclose any Confidential Information (as defined below), except to affiliates, employees, agents or professional advisers who need to know such Confidential Information and who have agreed in writing to keep it confidential. The receiving party will ensure that anyone granted access to Confidential Information will use it only to exercise rights and fulfill obligations under this Agreement, while using reasonable care to keep it confidential. Notwithstanding anything to the contrary herein, the receiving party may disclose Confidential Information to the extent required by applicable legal process; provided that the receiving party uses commercially reasonable efforts to: (i) promptly notify the disclosing party of such disclosure before disclosing; and (ii) comply with the disclosing party’s reasonable requests regarding its efforts to oppose the disclosure. “Confidential Information” shall mean any non-public information, in whatever form, belonging to or disclosed by a party, that is identified as “Confidential” and/or “Proprietary” or that by its nature reasonably should be understood to be confidential and/or proprietary; provided, that it does not include information that is independently developed by the receiving party, is rightfully given to the receiving party by a third party without confidentiality obligations, or becomes public through no fault of the receiving party.
4. Your Responsibilities as a Linksys Cloud Manager User
You are responsible for any data that is sent or received by you and/or any other party in connection with your use of the Service. To the extent permitted by the local consumer laws in your country, including the laws referred to in Section 9 below if you are a customer in Australia or New Zealand, you agree that Linksys is not responsible and will not be liable to you or any others for any loss or damage due to your use of the Service. You agree that your use of the Service will at all times comply with the applicable laws of the country where you use the Service. You may use the Service for your internal business purposes only.
You may not attempt (and you will not assist or permit any third party) to: (i) gain unauthorized access to the Service or any part or feature thereof, or to other accounts, computer systems or networks connected to the Service, whether through hacking, password mining or other means; (ii) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code of the Service; or (iii) sublicense, resell, or distribute any or all of part of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Linksys through the Service. You agree not to use any device, software or routine to interfere or attempt to interfere with, attack or disrupt the proper working of the Service or with any other person’s use of the Service.
You will be required to create a password that will enable you to access the Service. When you choose a password, choose a unique combination of letters and numbers unrelated to your or someone else’s identity or to any information that is publicly available or that may be needed by us to provide the Service to you or to others. If you share information related to the Service with others or allow others to access the Service using your email address and password, you have no expectation of privacy or confidentiality in the personal information you may intentionally or unintentionally disclose. Therefore, you must avoid giving access to these materials to others. You agree to notify Linksys immediately of any unauthorized use of your account or password or any other breach of security.
To the extent permitted by the local consumer laws in your country, including the laws referred to in Section 9 below if you are a customer in Australia or New Zealand, Linksys will not be liable for:
- any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Linksys or another party due to someone else using your account or password as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s account at any time without the permission of the account holder; and
- any loss or damage arising from your failure to comply with these obligations.
5. How the Service should be Used
The Service is intended to be accessed and used only for non-time-critical functions, information and/or access to and control of Products. Our aim is to provide highly reliable and available access to your small and medium business network; however, the Service, including remote access and notifications, is not guaranteed to be reliable or available 100% of the time. In addition, the Service may be subject to sporadic interruptions and failures for reasons beyond Linksys’s control, including WiFi intermittency and service provider maintenance. We cannot and do not guarantee that you will receive notifications or have access to the Service during any given time or at all.
You acknowledge that the Service and any connected Product are not certified for emergency response or intended or suitable for use in situations or environments where failure, delay or errors or inaccuracies in the data or information provided could lead to death, personal injury or severe physical or environmental damage, including without limitation in connection with the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support or weapons systems. YOU UNDERSTAND THAT THE SERVICE, ANY CONNECTED PRODUCTS AND ANY MOBILE NOTIFICATIONS RELATING TO THE SERVICE ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM – LINKSYS DOES NOT MONITOR EMERGENCY NOTIFICATIONS AND WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME OR LOCATION IN THE EVENT OF AN EMERGENCY. ANY NOTIFICATIONS RELATING TO THE SERVICE ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICE FOR ANY LIFE SAFETY OR CRITICAL PURPOSES.
In addition, Linksys Customer Support contacts cannot be considered and are not a lifesaving solution for people at risk, and they are no substitute for emergency services. All life threatening and emergency events should be directed to the appropriate response services in your area. Any information provided by Linksys on what to do in an emergency is based on authoritative safety sources, but there is no way for Linksys to provide specific information relating to a situation close to you. It is your responsibility to educate yourself on how to respond to an emergency and to respond according to the specifics of your situation.
The Service may not be accessible without: (i) a working WiFi network that is positioned to communicate reliably with connected devices; (ii) a Linksys Cloud Manager account; and (iii) other system elements that may be specified by Linksys. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You accept that the Services may not work as described if the requirements and compatibility have not been met.
6. Suspension or Termination of Your Account
To the extent permitted by the local consumer laws in your country, including the laws referred to in Section 9 below if you are a customer in Australia or New Zealand, Linksys has the right, in its sole discretion, to modify, suspend or discontinue the Service at any time without liability to you. In such cases if we are able to do so, we will use reasonable efforts to give you prior notice of any modification, suspension or discontinuation of the Service.
You agree that Linksys may suspend or terminate your access to the Service by written notice to you if (i) you have violated this Agreement or other agreements or policies which may be associated with your use of the Service, (ii) your actions cause Linksys to be in violation of any agreement or policy needed to provide the Service, or (iii) Linksys is required to do so by any court or government authority in any country. You agree that Linksys will not be liable to you or to any third party for any suspension or termination of your access to the Service due to your breach of this Agreement.
Linksys may, upon such termination by written notice to you, deactivate or delete your account. If you wish to terminate your use of the Service voluntarily, please contact our customer service team at Contact Us.
7. Title to Intellectual Property and Software
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, software and computer code (collectively, “Linksys Content”), including, but not limited to, the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Linksys Content contained in the Service is owned, controlled, or licensed by or to Linksys, and is protected by trade dress, trade secret, copyright, patent, and trademark laws, and various other intellectual property rights. Except as expressly provided in this Agreement or otherwise permitted by law, no Linksys Content may be used, copied, reproduced, modified, republished, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio or video transmission, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution or for any commercial enterprise or purpose, without Linksys’s express prior written consent.
You may need to use the software (including Apps) that came with the Product to use or have full access to certain features of the Service. You received software at the time of your Product purchase and other software programs may be delivered to your Product, Apps or the Service remotely from time to time. You agree to use such software in accordance with this Agreement and the end user license agreement for such software. You agree that, as between Linksys and you, Linksys retains title to and ownership of all the software and intellectual property rights in the Product and the Service.
Linksys welcomes feedback and suggestions regarding the Service and we may look for ways to implement feedback when practicable. You authorize Linksys to use any feedback or ideas that you provide in connection with your use of the Service for any purpose and without further obligation to you of any kind.
You may not publicly disclose, directly or through a third party, the results of any comparative or compatibility testing, benchmarking, or evaluation of the Service, unless the disclosure includes all information necessary for Linksys or a third party to such testing, benchmarking, or evaluation.
8. Open source software
The Service may include certain free/open source software. To view the licenses in text form, go here. Information about obtaining access to the source code for certain free/open source software can be found here. To the limited extent a third party license expressly supersedes this Agreement, that third party license governs your use of that third party component.
The warranty for your Linksys Product is set forth here.
YOU AGREE TO USE THE SERVICE AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY THE LOCAL CONSUMER LAWS IN YOUR COUNTRY INCLUDING THE LAWS REFERRED TO IN THIS SECTION IF YOU ARE A CUSTOMER IN AUSTRALIA OR NEW ZEALAND, YOU AGREE THAT LINKSYS AND ITS SUPPLIERS, RESELLERS, RETAILERS AND AFFILIATES WILL NOT BE RESPONSIBLE FOR ANY HARM TO ANY DEVICE, ANY LOSS OF DATA, OR ANY OTHER HARM THAT RESULTS FROM YOUR USE OR MISUSE OF THE SERVICE, EXCEPT TO THE EXTENT THAT SUCH HARM IS CAUSED BY LINKSYS. LINKSYS AND ITS SUPPLIERS, RESELLERS, RETAILERS AND AFFILIATES DO NOT GUARANTEE THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERRORFREE. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LOCAL CONSUMER LAWS IN YOUR COUNTRY, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE WITHOUT WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. ALSO, DUE TO THE CONTINUAL DEVELOPMENT OF NEW TECHNIQUES FOR INTRUDING UPON AND ATTACKING NETWORKS, LINKSYS DOES NOT WARRANT THAT THE SERVICE, SYSTEM(S) OR NETWORK(S) ON WHICH (OR THROUGH WHICH) THE SERVICE IS USED WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK. THE SERVICE MAY INCLUDE OR BE BUNDLED WITH A THIRD-PARTY PRODUCT, SOFTWARE OR SERVICE OFFERINGS. TO THE EXTENT PERMITTED BY THE LOCAL CONSUMER LAWS IN YOUR COUNTRY, LINKSYS DOES NOT PROVIDE ANY WARRANTIES, WHETHER EXPRESS, IMPLIED OR OTHERWISE, FOR ANY SUCH THIRD-PARTY PRODUCT, SOFTWARE OR SERVICE OFFERINGS. FURTHER, LINKSYS DOES NOT GUARANTEE ANY CONTINUED AVAILABILITY OF A THIRD PARTY’S SERVICE WHICH THE USE OR OPERATION OF THE SERVICE MAY REQUIRE.
IT IS YOUR RESPONSIBILITY TO BACK UP YOUR SYSTEM INCLUDING, WITHOUT LIMITATION, ANY DATA THAT YOU MAY USE OR POSSESS IN CONNECTION WITH THE SERVICE. ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OF SUCH MATERIAL, INFORMATION OR DATA.
SOME COUNTRIES, STATES AND/OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CONDITIONS, WARRANTIES OR GUARANTEES AND/OR DO NOT ALLOW PRODUCTS OR SERVICES TO BE SOLD WITH NO WARRANTIES OR GUARANTEES. ACCORDINGLY, IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU. ONLY THOSE EXCLUSIONS AND LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, LINKSYS’S LIABILITY WILL BE LIMITED ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS AGREEMENT IS NOT INTENDED TO AND DOES NOT LIMIT OR EXCLUDE ANY RIGHT YOU HAVE AGAINST THE PERSON WHO SOLD THE PRODUCT TO YOU IF THAT PERSON HAS BREACHED THEIR SALES CONTRACT WITH YOU.
If you are located in Australia or New Zealand, the following paragraphs apply to you:
Any benefits we give in this Agreement are additional to any rights and remedies that you may have under the Australian Competition and Consumer Act 2010 or the New Zealand Consumer Guarantees Act 1993 (CGA) (as applicable) and other applicable Australia and New Zealand consumer protection laws.
In Australia our Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
In New Zealand, our services come with guarantees that cannot be excluded under the Consumer Guarantees Act 1993 (CGA).
10. General Exclusions and Limitations of Liability
In some jurisdictions and circumstances, it is possible to exclude and/or to limit Linksys’s liability to consumers. Only in those jurisdictions where it can lawfully do so, and to the full extent that it is allowed by local consumer laws in your country, including the laws referred to in Section 9 above if you are a customer in Australia or New Zealand, Linksys:
- limits all implied warranties and conditions of merchantability, acceptability, acceptable quality, satisfactory quality, quiet enjoyment or fitness for a particular purpose to the duration of the warranty period of the Product;
- excludes all express or implied conditions, representations and warranties, including any implied warranty of non-infringement, OTHER THAN THOSE EXPRESSLY PROVIDED TO YOU BY LINKSYS IN WRITING OR AGREED TO BY LINKSYS IN WRITING;
- excludes all liability for the loss of, or damage to, data caused by use of the Service; and
- excludes any liability it may have to you for:
- loss of revenue or profit,
- loss of the ability to use any third-party products, software or services, and
- any indirect, consequential, special, incidental or punitive loss or damages
which arise under any law and which relate to your use of, or inability to use, the Service or any related services. This exclusion applies even if Linksys has been advised of the possibility of such damages and even if any warranty or remedy provided under the relevant limited warranty fails of its essential purpose.To the extent permitted by the local consumer laws in your country, either party’s liability for claims that are related to, or arise out of, this Agreement or the Service shall not exceed, in the aggregate, the greater of the fees paid by you to Linksys for the Service in the twelve (12) months preceding the last event giving rise to the liability and $5,000.
Nothing in this Section shall limit the liability of Linksys in relation to death or bodily injuries.
If you live in the European Union, references to “special, indirect, consequential, punitive or incidental damages shall mean any losses which
- Were not reasonably foreseeable by both parties;
- Were known to you but not to us; and/or
- Were reasonably foreseeable by both parties but could have been prevented by you such as, for example (but without limitation), losses caused by viruses, Trojans, or other malicious programs, or loss of or damage to your data or your failure to keep your password or account details secure.
11. Arbitration, Waiver of Classwide Arbitration, Governing Law and Venue If you are located in the United States, the following clause applies to you:
MANDATORY ARBITRATION. You have the right to opt-out of this mandatory arbitration provision. If you opt-out, you will retain your right to file a lawsuit. To opt-out, you must follow the directions set forth below under the heading “How to Opt Out of Mandatory Arbitration”. If you do not opt-out, you will have agreed to the mandatory arbitration set forth below.
PLEASE READ CAREFULLY. THE FOLLOWING PROVISION AFFECTS YOUR RIGHTS.
YOU AND LINKSYS EACH ACKNOWLEDGE AND AGREE THAT ANY CLAIM, DISPUTE OR CONTROVERSY BETWEEN YOU AND LINKSYS ARISING OUT OF OR RELATING TO (1) THIS AGREEMENT, INCLUDING THE VALIDITY OF THIS SECTION, AND (2) YOUR USE OF PRODUCT(S) AND/OR THE SERVICE UNDER THIS AGREEMENT (COLLECTIVELY, THE “DISPUTE”) SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY A MUTUALLY AGREEABLE NATIONALLY RECOGNIZED ARBITRATION AUTHORITY PURSUANT TO ITS CODE OF PROCEDURES THEN IN EFFECT FOR CONSUMER-RELATED DISPUTES. YOU UNDERSTAND THAT WITHOUT THIS PROVISION YOU WOULD HAVE HAD A RIGHT TO LITIGATE A DISPUTE THROUGH A COURT BEFORE A JURY OR JUDGE, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREE INSTEAD TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
THE ARBITRATION SHALL OCCUR BEFORE A SINGLE ARBITRATOR, WHO MUST BE A RETIRED JUDGE OR JUSTICE, IN ONE OF SIX REGIONAL VENUES CONSISTENT WITH THE VENUE PROVISION BELOW. WHETHER OR NOT YOU PREVAIL IN THE DISPUTE SO LONG AS YOUR CLAIM IS NOT FOUND TO BE FRIVOLOUS BY THE ARBITRATOR AS MEASURED BY RULE 11(b) OF THE FEDERAL RULES OF CIVIL PROCEDURE, YOU SHALL BE ENTITLED TO BE REIMBURSED FOR YOUR COSTS OF ARBITRATION, WITHIN THE SOLE DISCRETION OF THE ARBITRATOR. IF THE ARBITRATION AWARD IS EQUAL TO OR GREATER THAN THE AMOUNT YOU DEMANDED IN YOUR ARBITRATION CLAIM, LINKSYS WILL PAY FOR YOUR REASONABLE AND ACTUAL ATTORNEYS’ FEES YOU HAVE INCURRED TO ARBITRATE THE DISPUTE, PLUS A MINIMUM RECOVERY OF $2,500. ANY DECISION OR AWARD BY THE ARBITRATOR RENDERED IN AN ARBITRATION PROCEEDING SHALL BE FINAL AND BINDING ON EACH PARTY, AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. IF EITHER PARTY BRINGS A DISPUTE IN A COURT OR OTHER NON-ARBITRATION FORUM, THE ARBITRATOR OR JUDGE MAY AWARD THE OTHER PARTY ITS REASONABLE COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) INCURRED IN ENFORCING COMPLIANCE WITH THIS BINDING ARBITRATION PROVISION, INCLUDING STAYING OR DISMISSING SUCH DISPUTE.
NEITHER YOU NOR LINKSYS SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU UNDERSTAND THAT WITHOUT THIS PROVISION YOU MAY HAVE HAD A RIGHT TO ARBITRATE A DISPUTE ON A CLASSWIDE OR REPRESENTATIVE BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREE INSTEAD TO ARBITRATE ONLY YOUR OWN DISPUTE(S) IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
NOTWITHSTANDING THE ABOVE AGREEMENT TO ARBITRATE DISPUTES, YOU AND LINKSYS EACH ACKNOWLEDGE AND AGREE THAT EITHER PARTY MAY, AS AN ALTERNATIVE TO ARBITRATION, BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT TO RESOLVE A DISPUTE, SO LONG AS SUCH SMALL CLAIMS COURT DOES NOT PROVIDE FOR OR ALLOW FOR JOINDER OR CONSOLIDATION OF CLAIMS.
THIS AGREEMENT IS TO BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW RULE THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION (OTHER THAN THE INTERNAL LAWS OF THE STATE OF CALIFORNIA) TO THE RIGHTS AND DUTIES OF THE PARTIES. HOWEVER, WITH RESPECT TO THE SERVICE PROVIDED, IF YOU ARE A CONSUMER
AND YOU LIVE IN A COUNTRY WHERE LINKSYS MARKETS OR PROMOTES THE SERVICE, LOCAL LAW MAY REQUIRE THAT CERTAIN CONSUMER PROTECTION LAWS OF YOUR COUNTRY OF RESIDENCE APPLY TO SOME SECTIONS OF THIS AGREEMENT. EACH OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS AND THE UNITED NATIONS CONVENTION ON THE LIMITATION PERIOD IN THE INTERNATIONAL SALE OF GOODS IS HEREBY EXPRESSLY EXCLUDED AND WILL NOT APPLY TO THIS AGREEMENT.
EXCEPT FOR INDIVIDUAL SMALL CLAIMS ACTIONS WHICH CAN BE BROUGHT IN ANY SMALL CLAIMS COURT WHERE JURISDICTION AND VENUE ARE PROPER, ANY ARBITRATION, LEGAL SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY DISPUTE SHALL BE COMMENCED IN (1) NEW YORK, NEW YORK, (2) ATLANTA, GEORGIA, (3) CHICAGO, ILLINOIS, (4) DALLAS, TEXAS, (5) SEATTLE, WASHINGTON, OR (6) LOS ANGELES, CALIFORNIA, AND YOU AND LINKSYS EACH IRREVOCABLY SUBMITS TO THE EXCLUSIVE JURISDICTION AND VENUE OF ANY SUCH PROCEEDING. HOWEVER, FOR A DISPUTE OF $2,500 OR LESS, YOU MAY CHOOSE WHETHER THE ARBITRATION IN ANY OF THE SIX REGIONAL VENUES PROCEEDS IN PERSON, BY TELEPHONE, OR BASED ONLY ON SUBMISSIONS.
How to Opt-Out of Mandatory Arbitration. Notwithstanding the foregoing, you or Linksys may file a lawsuit in court rather than resolving the Dispute by arbitration if (a) the Dispute qualifies for small claims court (there are monetary limitations for small claims court), or (b) YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU ACCEPT THIS AGREEMENT (the “Opt-Out Deadline”). In order to opt out of mandatory arbitration, You must (i) mail written notification to Linksys USA, Inc., 121 Theory Drive, Irvine, California 92617, Attn: Legal Department, or (ii) email written notification to email@example.com. In either case, such written notification must include your name, address, and a clear statement that you do not wish to resolve disputes with Linksys through arbitration. Any opt-out request received after the Opt-Out Deadline will not be valid and You must pursue your Dispute in arbitration or, if the dispute qualifies, in small claims court.
If you are located outside of the United States, the following clause applies to you:
This Agreement will be governed by California law, without reference to conflict of laws principles. The state and federal courts of California shall have non-exclusive jurisdiction over any claim arising under, or in connection with, this Agreement. However, if you are a consumer and you live in a country where Linksys markets or promotes the Service, local consumer law may require that certain consumer protection laws of your country of residence apply to some sections of this Agreement. Each of the United Nations Convention on Contracts for the International Sale of Goods and the United Nations Convention on the Limitation Period in the International Sale of Goods is hereby expressly excluded and will not apply to this Agreement.
Unless prohibited by local laws in your country, you will defend and indemnify Linksys and its affiliates against any loss, claim, liability, demand, damages or costs whatsoever arising from a third-party claim based on a breach of this Agreement by you. Linksys will defend and indemnify you and your affiliates against any loss, claim, liability, demand, damages or costs whatsoever arising from a third-party claim based on Linksys’s technology used to provide the Service or that Linksys’s Marks (as defined below) infringe a third party’s intellectual property rights.
The indemnification obligations set forth above will not apply to the extent the underlying third-party claim arises from: the indemnified party’s breach of this Agreement; modifications to the indemnifying party’s technology by anyone other than the indemnifying party; combination of the indemnifying party’s technology with materials not provided by the indemnifying party; or use of non-current or unsupported versions of the Service.
Further, the indemnification obligations set forth above are conditioned on: (i) the indemnified party promptly notifying the indemnifying party in writing of the applicable claim and cooperating reasonably with the indemnifying party to resolve such claim, and if the indemnified party fails to so act and thereby prejudices the defense of such claim, the indemnifying party’s obligations hereunder will be reduced in proportion to the prejudice; and (ii) the indemnified party tendering sole control of the indemnified portion of the applicable claim to the indemnifying party; provided, that: (A) the indemnified party may appoint its own counsel at its sole cost; and (B) any settlement requiring the indemnified party to admit liability or take (or refrain from taking) any action, will require the indemnified party’s prior written consent, not to be unreasonably withheld, conditioned, or delayed.
If Linksys reasonably believes the Service may infringe a third party’s intellectual property rights, then Linksys may, at its sole option and expense: (i) procure for you the right to continue using the Service; (ii) modify the Service so as to make it non-infringing; or (iii) replace the Service with a non-infringing, substantially equivalent alternative.
13. Changes to this Agreement
Linksys may modify this Agreement at any time and recommends that you review it on a regular basis. You can review the most current version of this Agreement, which is always available here. If Linksys makes a change to this Agreement it will post the revised Agreement at the link above. You agree that if you continue to use the Service after this Agreement has been changed, you have agreed to the terms of this Agreement as so modified.
14. Other Important Legal Terms
Sometimes when you use the Service, you may use a service which is provided by another person or company. This includes downloading certain apps that are provided by third parties. Your use of these other services and apps may be subject to separate terms between you and the company or person providing the service or app, and you agree that Linksys shall have no liability or obligation relating to those services or apps.
The Service may contain links to other independent third-party websites (“Linked Sites”). These Linked
Sites are provided solely as a convenience to you. Such Linked Sites are not under Linksys’s control, and to the extent permissible under the local laws in your country, Linksys is not responsible or liable for and does not endorse the content or practices of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Trade names, trademarks, service marks, logos, and domain names of each party are considered their respective "Marks." As to Linksys's Marks and the Marks of its suppliers, the Mark owner retains ownership of all proprietary rights in all its Marks associated or displayed with the Service. You may not frame or utilize framing techniques to enclose any Linksys Marks, or other proprietary information (including images, text, page layout, or form) of Linksys without Linksys's prior written consent. You may not use any meta tags or any other "hidden text" utilizing Linksys's Marks without Linksys's express written consent.
You agree to use the Service in compliance with all applicable laws. You acknowledge that the Service is subject to U.S. and local export control laws and regulations. You represent that you are not a citizen of an embargoed country or a prohibited end user under applicable U.S. or local export and anti-terrorism laws, regulations and lists. You agree not to export, re-export, divert, transfer or disclose any portion of the Service or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
This Agreement, including the documents refenced herein, are the entire agreement regarding your use of the Service and completely replace any prior agreements. Linksys may assign or delegate its obligations under this Agreement, either in whole or in part, without your prior consent. You may not assign this Agreement without Linksys’s prior written consent. Neither party will be responsible for failure of performance due to causes beyond its control, such as acts of God, labor disputes, shortage of materials, acts of terrorism, or the stability or availability of the Internet or a portion of the Internet. The failure by either party to exercise or enforce any legal right or remedy hereunder shall not be deemed to be a waiver of such right or remedy. If for any reason any provision of this Agreement is held invalid by a court or arbitrator of competent jurisdiction, the remaining provisions will continue to be valid and enforceable.
Publicity: You are permitted to state publicly that you are a customer of the Service, consistent with the provisions herein relating to use of Linksys’s Marks. If you want to display any Linksys Mark in connection with your use of the Service, you must obtain written permission from Linksys. Linksys may include your name or Marks in a list of Linksys’s customers, online or in promotional materials. Linksys may also verbally reference you as a customer of the Service. Neither party needs approval if it is repeating a public statement that is substantially similar to a previously-approved public statement. Any use of a party’s Marks will inure to the benefit of the party holding intellectual property rights to those Marks. A party may revoke the other party’s right to use its Marks under this paragraph with written notice to the other party and a reasonable period to stop the use.”
LINKSYS and many product names and logos are trademarks of Linksys Holdings, Inc. and its affiliates. Third-party trademarks mentioned are the property of their respective owners.
© 2022 Linksys Holdings, Inc. and/or its affiliates. All rights reserved.
Updated March 25, 2022