TERMS OF USE
Welcome to Linksys! These Terms of Use cover all Linksys branded websites and create an agreement between you and Linksys regarding your use of these websites (collectively, “Site”), and any services available by Linksys on or through the Site (collectively, "Services"). Your use of the Site and Services is governed by these Terms of Use and Linksys’s Privacy Policy. Please review these carefully before using the Site or Services.
For ease of reference, we will use the following terms in these Terms of Use: “Linksys”, “we” or “us” and other grammatical variations mean Linksys Holdings, Inc., including its global subsidiaries and affiliated companies. “Linksys Products” includes all Linksys products and services. “Personal Information” is defined in Linksys’s Privacy Policy.
IF YOU ARE LOCATED IN THE UNITED STATES, THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION AND BINDING ARBITRATION PROVISION UNDER “ARBITRATION, WAIVER OF CLASSWIDE ARBITRATION, GOVERNING LAW AND VENUE” BELOW, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS WITH RESPECT TO DISPUTES YOU MAY HAVE WITH LINKSYS. YOU MAY OPT OUT OF SUCH ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
We may update these Terms of Use from time to time, so please review them frequently. If we change our Terms of Use, we will post the revised version here, with an updated revision date. If we make material changes to our Terms of Use, we will notify you by email or prominently post a notice on the Site. If any changes to these Terms of Use are held to be invalid or unenforceable, the original Terms of Use agreed to by you will continue in full force and effect.
Using the Site
Use of the Site is governed by the Linksys Acceptable Use Policy located here.
Do not copy, sell or otherwise exploit for a commercial purpose any part of the Site or Service that we provide to you, without our written agreement. You cannot use content from our Site unless you obtain permission from Linksys or are otherwise permitted by law. Do not remove, obscure, or alter any trademarks or legal notices displayed on our Site or in any Documentation available on the Site.
You may use Linksys product information and documentation (“Documentation”) made available by Linksys for download from the Site, provided that you (1) use the Documentation only for your personal, non-commercial use where the product is not a Small-Medium Business (“SMB”) branded product. Where the product is an SMB branded product, you may use the Documentation for your personal or commercial use; and (2) do not modify the Documentation.
Third Party and Social Media Linked Sites
We include links to websites operated by third parties on or through the Site and Services. Once you leave the Site and Services, your activities are governed by the terms of use and privacy policies of the third party website. Linksys is not responsible for the terms of use, privacy practices or the content of these sites, and we encourage you to carefully read the terms of use and privacy policies of any website you visit.
The Site and Services may include social media features, such as Facebook “Share” buttons. These features may collect information about your device’s IP address, set cookies to facilitate interaction with social media features or link you to a social media website where you may post Personal Information. All interactions with social media features are governed by the privacy policy of the social media company providing the feature.
Forums/Chat Rooms
If you participate in or post information to a discussion forum or chat room on the Site or any Service, the information you provide there will be made broadly available to others, and can be read, collected, forwarded or used by other users of these forums, potentially inside or outside Linksys, who have access to that forum. This information could also be used to send you unsolicited messages. Please recognize that individual forums may have additional rules and conditions. Each participant’s opinion on a forum or chat room is his or her own and should not be considered as reflecting the opinion of Linksys. We are not responsible for Personal Information or any other information you may choose to submit in these forums, or the consequences of any submission. If at any time you would like to remove a posting, please contact us here . Keep in mind that removal of a posting from a forum or chat room does not mean that the posting has been completely removed from the Internet.
Business Uses of our Services
If you are using our Services on behalf of a business, that business accepts these Terms of Use. The Consumer Guarantees Act 1993 (New Zealand) does not apply where Services are supplied for business purposes. To the extent permitted by law, your business will hold harmless and indemnify Linksys and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these Terms of Use, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Setting up an Account
To use certain Services, you may be required to set up an account and a password for that account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You also agree that any information you provide in setting up an account is truthful and accurate.
Where you are required to create a password that will enable you to use a Service, your email address and password will be used to validate your identity in order to access the Service. When you choose a password, create a strong password by using a combination of upper and lower case letters, numbers and special characters, change your passwords often, and make sure you use a secure browser. Additionally, 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, please 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 contact Linksys, please use the contact information in the following links:
Linksys: Contact Us.
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 because of your failure 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. Linksys will not be liable for any loss or damage arising from your failure to comply with these obligations.
Linksys may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your account, hard copy, or posting of such notice on the Site. Linksys is not responsible for any automatic filtering you or your network provider may apply to email notifications. Linksys recommends that you add @Linksys.com URLs to your email address book to help ensure you receive email notifications from Linksys.
Products and Services availability
Although the Site is accessible worldwide, not all Linksys Products and Services provided or accessed through or on the Site will be available in your country. Linksys may, in its sole discretion, limit the provision and quantity of any feature, product or Service to any person or geographic area. Any offer for or of any feature, product or Service made on the Site is void where prohibited. Please contact your local sales representative for information as to Linksys Products and Services available in your country. However, you remain bound by these Terms of Use wherever you access or use the Site or the Services
Linksys attempts to be as accurate as possible, but we do not warranty that product descriptions or other content on the Site is accurate, complete, reliable, current or errorfree.
Additional terms and conditions
When you purchase Linksys Products on the Site or use any portion or feature of the Site, including participating in contests and promotions, you may be required to agree to additional terms and conditions. For example, we may require you to check a box to indicate your acceptance of these additional terms and conditions (this will usually be required when you purchase Linksys Products on the Site or participate in a contest).
If you agree to such additional terms and conditions, these will be made a part of these Terms of Use by this reference. If there is a conflict between these Terms of Use and any additional terms and conditions posted for or applicable to a specific portion of the Site or for any Service, such additional terms and conditions shall control with respect to your use of that portion of the Site or the specific Service.
Data, Information and Privacy
Please refer to Linksys’s Privacy Policy to understand Linksys’s privacy practices.
License and Access
As long as you comply with these Terms of Use, Linksys gives you a limited, revocable, nonexclusive, non-assignable, non-sublicensable right to use the Services and Site as they are intended to be used and in accordance with these Terms of Use and all applicable laws and regulations. This license does not include any resale of any Service or the Site, or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of any Service or the Site or their contents, any downloading or copying of account information for the benefit of a third party; or any use of data mining, robots, or similar data gathering and extraction tools.
We may terminate this license granted to you and delete or deactivate your account (if you have any in relation to the Site or Services) if you do not comply with these Terms of Use.
We do not grant you any other rights, implied or otherwise. All rights that are not expressly granted to you in these Terms of Use are reserved by Linksys or its licensors, suppliers, publishers, rights holders, or other content providers.
How the Services are to be Used
Intended Use of Services/ No LifeSafety or Critical Uses of the Services. The Services are intended to be accessed and used only for non-time-critical functions, information and/or control of Linksys Products. Our aim is to provide highly reliable and available Services, however, the Services, including remote access and mobile notifications, are not intended or guaranteed to be reliable or available 100% of the time. In addition, the Services may be subject to sporadic interruptions and failures for reasons beyond Linksys’s control, including but not limited to Wi-Fi intermittency, service provider uptime, mobile notifications and carriers. We cannot and do not guarantee that you will receive notifications or have access to the Services in any given time or at all.
You acknowledge that the Linksys Products and Services 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 LINKSYS PRODUCTS AND SERVICES ARE NOT PART OF AND DO NOT CONTAIN A THIRDPARTY 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. In addition, Linksys Customer Support contacts cannot be considered and are not a lifesaving solution, and they are not a substitute for emergency services. All life threatening and emergency events should be directed to the appropriate response services in your area.
YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. ANY MOBILE NOTIFICATIONS REGARDING THE STATUS AND ALARMS ON YOUR LINKSYS PRODUCTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY – THEY ARE NOT A SUBSTITUTE FOR A THIRDPARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. 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 in your home. It is your responsibility to educate yourself on how to respond to an emergency and to respond according to the specifics of your situation.
System Requirements. Certain Services may not be accessible without: (i) a working WiFi network in your home that is positioned to communicate reliably with the applicable Linksys Product; (ii) a Linksys account; (iii) mobile clients such as a supported phone or tablet (required for some functionality); (iv) broadband Internet access in your home; and (v) 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.
Suspension or Cancellation of Service
As we regularly improve or change the Services to provide you with better customer support, we may add, vary or remove functionalities or features of any Service. In some cases, we may suspend or discontinue a Service altogether. When we change, suspend or discontinue a Service, we will try to give you prior notice of this as soon as possible. However, we retain the right to make changes to a product listing on the Site, or the prices applicable to such product, at any time, without notice.
You may stop using our Site or Services at any time. However, if you have created an account with us, we may suspend or cancel your access to the Site or Service and/or block your future access to the Site, by giving you as much notice as is commercially reasonable in the circumstances if (a) you do not comply with these Terms of Use or other agreements or policies which may be associated with your use of the Site or Service, (b) your actions cause Linksys to violate any agreement or policy needed to run the Site or Service, (c) Linksys is required to do so by any court, law enforcement agency, or government authority in any country, (d) the Site or Service is discontinued or materially modified, for any reason; (e) we reasonably anticipate the occurrence of technical issues or problems that may affect the operation of the Services or Site; (f) unexpected technical issues or problems affecting the operation of the Services or Site occur; or (g) if we have to investigate suspected misconduct. If any of the above circumstances occur, Linksys may, upon giving you written notice of cancellation of your access to the Site or Service, deactivate or delete your account. Linksys will not be liable to you or to any third party for any suspension or cancellation of your access to the Site or Service, or the deactivation or deletion of your account.
Linksys Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, documentation 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 and on the Site or as part of any Service is owned or controlled by Linksys, or licensed by or to Linksys, and is protected by trade dress, copyright, patent, and trademark laws and various other intellectual property rights in the United States and other countries.
You cannot use, copy, modify, publish, post, publicly display or publicly perform (whether by means of a digital, audio or video transmission), encode, translate, distribute or disseminate any Linksys Content through any method or medium, without Linksys’s prior written agreement. You may, however, use Linksys Content, as long as it is for your own personal noncommercial use, except as otherwise provided in these Terms of Use.
Although Linksys has attempted to provide accurate information on the Site, to the extent permitted by law, Linksys assumes no responsibility for the accuracy of the information or for any typographical or graphical errors that may appear in this or in related documents. Linksys may change the Services or Products mentioned on the Site at any time without notice. Mention of non Linksys products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
Your Content
You retain ownership of any intellectual property rights that you hold in any content you submit through the use of any Service, or any portion or feature of the Site.
When you upload or otherwise submit content to our Services or Site, you give Linksys and those we work with a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Do ensure you have the necessary rights to grant us this license for any content that you submit to our Services. If you would like access to your content, or to change or delete your content, please contact us here, and we will be happy to assist.
Linksys may invite you, or you may choose voluntarily, to submit comments, suggestions, or ideas about Linksys Products or Services, including how to improve them (“Feedback”). By submitting Feedback, you agree that your submissions are voluntary, gratuitous, unsolicited, nonconfidential and without restriction and will not place Linksys under any fiduciary or other obligation. Linksys may freely use, copy, modify, publish, redistribute, or create derivative works from or based on the Feedback for any purpose and in any manner without any compensation or acknowledgement to you. You also agree that Linksys does not waive any rights to use similar or related ideas previously known to Linksys, developed by its employees, or obtained from other sources.
Copyright Policy/DMCA
If you believe that your copyright or other rights have been infringed, please provide our Designated Agent written notice with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest;
- A description of the copyrighted work or other work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on our sites, networks or other repositories;
- Your address, telephone number, and email address;
- A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Designated Agent for notice of claims of copyright infringement can be reached as follows:
Linksys USA, Inc.
121 Theory Drive
Irvine, California 92617, U.S.A.
Attention: Legal Department
Email: copyright@linksys.com
If the disputed materials were posted by a third party identifiable through reasonable efforts, we will provide reasonable notice to the third party of the charge. If the third party responds with a valid counter-notification, we will provide you with a copy so that you may take any other steps you may consider appropriate.
Software License Agreement
Any software which you download is governed in accordance with (i) the license terms accompanying the file or (ii) if no license terms accompany the file, the terms of the license agreement which accompanied the original Linksys Product licensed by you which you are updating or (iii) the license terms pursuant to the End User License Agreement located here.
Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
Indemnity
You agree to indemnify and hold Linksys and its licensors and suppliers harmless from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of your violation of these Terms of Use. Linksys reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Linksys and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Linksys’s prior written consent. Linksys will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Compliance with Laws
You are advised that software used in our Services and Linksys Products may be subject to the United States Export Administration Regulations and other import and export laws; diversion contrary to United States law and regulation is prohibited. You agree to comply with all applicable international and national laws as well as end user, enduse, and destination restrictions issued by U.S. and other governments. For additional information on U.S. export controls see https://www.bis.doc.gov. Linksys assumes no responsibility or liability for your failure to obtain any necessary import and export approvals and licenses, and Linksys reserves the right to terminate or suspend shipments, Services and support in the event Linksys has a reasonable basis to suspect any import or export violation.
You represent that neither the United States Bureau of Industry and Security nor any other governmental agency has issued sanctions against you or otherwise suspended, revoked or denied your export privileges. You agree not to use or transfer the Services for any use relating to nuclear, chemical or biological weapons, or missile technology, unless authorized by the United States Government by regulation or specific written license. Additionally, you agree not to directly or indirectly export, import or transmit the Services contrary to the laws or regulations of any other governmental entity that has jurisdiction over such export, import, transmission or use. Furthermore, you hereby agree that, for any orders that you place with Linksys or a Linksys authorized reseller whereby any legal or regulatory requirements may apply to Linksys, such as requirements related to the International Traffic in Arms Regulations, or Buy American Act, or the Trade Agreements Act, you are responsible to ensure your purchase order clearly states the specific requirement in writing, or otherwise Linksys is not bound by any such requirements. You represent that you understand, and you hereby agree to comply with, all applicablelaws including but not limited to the U.S. Foreign Corrupt Practices Act. You represent that you hereby agree that you have not accepted, and will not accept, anything of value, including money, meals, entertainment, paidfor travel, beta, testing, evaluation, donation or free Linksys Products and/or related Services, or anything else of value, in exchange for Linksys maintaining current business or for new business opportunities. You represent and warrant to Linksys that you and any employees, consultants, agents and representatives will not use Linksys Products and Services to engage in, or support in any way, violations or abuses of human rights, including those involving censorship, surveillance, detention, or excessive use of force. You agree you and any employees will be responsible to comply in full with all laws and policies applicable to any and all dealings with Linksys in general and its suppliers, distributors, resellers and partners.
You represent and warrant that you are not a resident of an embargoed country or that has been designated by the U.S. Government as a “terrorist supporting” country, or a prohibited end user under applicable U.S. or local export and antiterrorism laws, regulations and lists. You agree not to export, re-export, divert, transfer or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
Important Notice Regarding Your Consumer Rights:
Non-EU and Non-UK Residents. 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 THE SECTIONS ON NO WARRANTIES AND GENERAL EXCLUSIONS AND LIMITATIONS OF LIABILITY 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. THE ENFORCEABILITY OF THESE LIMITED WARRANTIES MAY VARY BASED ON THE LOCAL LAWS APPLICABLE TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS DEPENDING ON WHERE YOU LIVE.
If you are located in Australia or New Zealand, the following four paragraphs apply to you:
The benefits we give in these Terms of Use are additional to any rights and remedies that you may have under the Australian Competition and Consumer Act 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.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the Service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
In New Zealand, our Services come with guarantees that cannot be excluded under the CGA.
EU AND UK RESIDENTS. Nothing in this Agreement is intended to or will have the effect of limiting any of your statutory rights under EU law and/or the laws of your country of residence. You agree to use the Site and Services in compliance with all applicable laws, including local laws of the country or region in which you live or in which you use the Site and/or Services.
These Terms of Use are not intended to and do not:
- change or exclude any statutory consumer rights that cannot be lawfully changed or excluded; or
- limit or exclude any right you have against the person who sold a Linksys Product to you if that person has breached their sales contract with you.
No Warranties; 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 LAW TO DO SO, THE SITE AND SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. IN THOSE JURISDICTIONS WHERE IT CAN LAWFULLY DO SO, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LINKSYS DISCLAIMS AND EXCLUDES ALL WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCEPTABLE OR SATISFACTORY QUALITY, NON- INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, LOSS OF OR DAMAGE TO DATA, LACK OF VIRUSES OR FREE FROM VIRUS OR MALWARE ATTACK, SECURITY, PERFORMANCE, LACK OF NEGLIGENCE, WORKMANLIKE EFFORT, QUIET ENJOYMENT, THAT THE FUNCTIONS CONTAINED IN THE SITE OR SERVICES WILL BE CORRECTED OR WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE SITE OR SERVICES AND RELATED DATA, INFORMATION, PROGRAMS AND DOCUMENTATION WILL BE UNINTERRUPTED OR ERROR-FREE AND/OR WILL GENERATE ACCURATE, RELIABLE, TIMELY RESULTS, INFORMATION, MATERIAL OR DATA,OTHER THAN THOSE EXPRESSLY PROVIDED TO YOU BY LINKSYS IN WRITING OR AGREED TO BY LINKSYS IN WRITING. NO OTHER ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LINKSYS OR OBTAINED ON OR VIA THE SITE OR SERVICES SHALL CREATE A WARRANTY. To the extent warranties cannot be disclaimed or excluded, they are limited to the duration of any warranty period provided with your Linksys product.
Use of the Site and the Services is at your sole risk. 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 Site and the Services are used will be free of vulnerability to intrusion or attack. The Services may include or be bundled with a third party product, software or service offerings. We do not provide any warranties whether express, implied, statutory or otherwise for such third party product, software or service offerings. We do not guarantee any continued availability of a third party’s service for which the Site’s or a Service’s use or operation 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 SITE OR SERVICE. ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR A SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR YOUR OTHER PRODUCTS AND PERIPHERALS OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OF SUCH MATERIAL, INFORMATION OR DATA.
All information provided to you by Linksys is provided “AS IS” and “AS AVAILABLE”. We cannot guarantee that it is correct or up to date.
NOTHING IN THIS SECTION SHALL LIMIT THE LIABILITY OF LINKSYS IN RELATION TO DEATH OR BODILY INJURIES DUE TO THE NEGLIGENCE OF LINKSYS, FRAUD OR FRAUDULENT MISREPRESENTATION OR FOR BREACH OF YOUR STATUTORY LEGAL RIGHTS IN RELATION TO PRODUCTS WHICH CANNOT BE WAIVED.
SUBJECT TO THE PRECEDING SENTENCE, IN THOSE JURISDICTIONS WHERE IT CAN LAWFULLY BE DONE, AND TO THE FULL EXTENT THAT THE LAW ALLOWS, OTHER THAN ANY WARRANTIES YOU MAY HAVE RECEIVED FROM US WITH YOUR LINKSYS PRODUCT, WE:
- EXCLUDE ANY LIABILITY WE MIGHT OTHERWISE HAVE TO YOU FOR:
- LIMIT OUR MONETARY LIABILITY TO YOU TO THE PRICE THAT YOU PAID FOR YOUR LINKSYS PRODUCT OR SERVICE.
THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. NOTHING IN THIS SECTION SHALL LIMIT LINKSYS’S LIABILITY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.
IF YOU LIVE IN THE EU OR UK, REFERENCES TO SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES SHALL MEAN ANY LOSSES WHICH (I) WERE NOT REASONABLY FORESEEABLE BY BOTH PARTIES; (II) WERE KNOWN TO YOU BUT NOT TO US; AND/OR (III) WERE REASONABLY FORESEEABLE BY BOTH PARTIES BUT COULD HAVE BEEN PREVENTED BY YOU SUCH AS, FOR EXAMPLE (BUT WITHOUT LIMITATION), LOSSES CAUSED BY VIRUSES, MALWARE OR OTHER MALICIOUS PROGRAMS, OR LOSS OF OR DAMAGE TO YOUR DATA.
The remedies set out in these Terms of Use are exclusive, and, to the extent permitted by law, in lieu of all others oral or written, express, or implied.
Legal Proceedings
Linksys is not responsible and will not be liable to you or any others for any loss or damages due to your misuse of the Site or Services. You also understand that if you do not comply with these Terms of Use (whether knowingly or unknowingly), such noncompliance may result in action being taken against you, including but not limited to claims for compensation by Linksys and other aggrieved parties, or civil and/or criminal prosecution.
Linksys will be irreparably harmed if you violate any of these Terms of Use, for which monetary damages would be inadequate, and you agree that Linksys may obtain such injunctive or equitable relief that Linksys deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Linksys may have at law or in equity.
If Linksys is the subject of a claim, becomes involved in a legal proceeding, or suffers any loss or damage because of your violation of these Terms of Use, to the extent permitted by law, you will be responsible for compensating Linksys for the full amount of its loss, as well as any reasonable amounts Linksys incurs in lawyers' fees, expenses and court costs, except to the extent that Linksys contributed to the loss or damage, in addition to any other relief granted to Linksys.
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 optout 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 OptOut 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 PROVISIONS AFFECT 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) THESE TERMS OF USE, INCLUDING THE VALIDITY OF THIS SECTION, AND (2) YOUR USE OF THE SITE OR SERVICES UNDER THESE TERMS OF USE (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.
ARBITRATION PROCEDURES AND FEES. Prior to submitting a claim for arbitration, either party shall first notify the other party to try to resolve the dispute. If the dispute is not resolved within 60 days of notification, then the claim will be submitted for arbitration. If you elect to seek arbitration or to file an action in a small claims court, you must first send to us by certified mail a written notice of your claim (“Notice”). The Notice to us must be addressed to: Legal Department, Linksys USA, Inc., 121 Theory, Irvine, CA 92617 (“Notice Address”). If we initiate arbitration, we will send a written Notice to the email address or any other address we have for you. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If we and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding or a small claims action.
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, you shall be entitled to be reimbursed for your reasonable costs of arbitration, 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, 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 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.
The binding arbitration provided by these Terms of Use is more informal than a lawsuit in court. Arbitration uses an independent and neutral arbitrator (instead of a judge or jury) and allows for more limited discovery than in court. Decisions of the arbitrator are enforceable like orders of a court and are subject to very limited review by courts. The parties have the right to be represented by attorneys or other representatives at their own expense in connection with the arbitration. There is, however, no requirement that a party must use an attorney or other representative to participate in the arbitration.
BY ACCEPTING THESE TERMS OF USE, YOU AGREE THAT THE FEDERAL ARBITRATION ACT (“FAA”), INCLUDING ITS PROCEDURAL PROVISIONS, GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION. THIS MEANS THAT THE FAA GOVERNS, AMONG OTHER THINGS, THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION REQUIRING MANDATORY ARBITRATION, INCLUDING THE CLASS ACTION WAIVER DISCUSSED BELOW. STATE ARBITRATION LAWS DO NOT GOVERN THIS PROVISION IN ANY RESPECT. THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO THE EXTENT PERMITTED BY LAW TO RESOLVE ALL DISPUTES ARISING OUT OF OR RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, THE ARBITRATOR’S JURISDICTION AND ANY CLAIM THAT ALL OR ANY PART OF THIS AGREEMENT IS VOID OR VOIDABLE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT AND THE TERMINATION OF ANY ACCOUNT YOU MAY HAVE WITH US.
WAIVER OF CLASSWIDE CLAIMS; SMALL CLAIMS COURT. 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 (I) 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, AND (II) LINKSYS SHALL BE ENTITLED TO INJUNCTIVE RELIEVE AS SET FORHT UNDER “LEGAL PROCEEDINGS” ABOVE.
GOVERNING LAW. This Agreement is to be construed in accordance with and governed by the laws of the State of California without giving effect to any choice of law rule. 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 these Terms of Use. 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 these Terms of Use.
VENUE. 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 () 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 for 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 these Terms of Use (the “Opt-Out Deadline”). In order to opt out of mandatory arbitration, you must (i) mail written notification to Linksys at 121 Theory, Irvine, California 92617, Attn: Legal Department, or (ii) email written notification to arbitrationoptout@linksys.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, or if the above arbitration clause is declared to be unenforceable, the following clause applies to you:
These Terms of Use will be governed by California law, without reference to conflict of laws principles. The state and federal courts of California shall have nonexclusive jurisdiction over any claim arising under, or in connection with, these Terms of Use. However, if you are a consumer and you live in a country where Linksys markets or promotes the Site or a Service, local law may require that certain consumer protection laws of your country of residence apply to some sections of these Terms of Use. 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 these Terms of Use.
Other Important Legal Terms
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 on the Site or with the Services. 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 express 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 Site and Services in compliance with all applicable laws. You acknowledge that the Site and Services are 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 antiterrorism laws, regulations and lists. You agree not to export, re-export, divert, transfer or disclose any portion of the Site or Services or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
You acknowledge and agree that any translation of the English language version of these Terms of Use is provided for your convenience only, and that the English language version of these Terms of Use will take precedence over the translation in the event of any contradiction between them.
These Terms of Use, including the documents referred to in these Terms of Use, are the entire agreement regarding the Site and Services and completely replace any prior agreements. If you are a consumer based in the UK or EU, this clause shall not apply to you.
Linksys may assign or delegate its obligations under these Terms of Use either in whole or in part, without your prior consent. You may not assign these Terms of Use without Linksys’s prior written consent.
Neither party will be responsible for failure of performance due to causes beyond its control, like, for example, accidents, 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.
You agree that if Linksys does not exercise or enforce any legal right or remedy which is contained in these terms, this will not be taken to be a formal waiver of Linksys’s rights and that those rights or remedies will still be available to Linksys.
If for any reason a provision of these Terms of Use is invalid, the remaining provisions will continue to be valid and enforceable.
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.
© Linksys Holdings, Inc. and/or its affiliates. All rights reserved.
Updated April 10, 2022