THE LINK FUND - TERMS AND CONDITIONS
The following rules, terms, conditions, and policies are set forth below to protect you. By using our site, you are agreeing to them. All users of the site are, by virtue of using the site, agreeing to the following terms and conditions and other applicable laws. If you do not agree to these terms and conditions, please do not use this site. Please note that the terms and conditions may be subject to periodic changes and updates, so you should take a moment, from time-to-time, before placing an order on the site, to review any changes.
In order for you to participate in the website, and in the course of purchasing LinkFund products, you are asked to provide information. When ordering on the site, we ask for your e-mail address, mailing address, telephone number, credit card information, and other information. Your information is private, and will not be shared with any other entity. We do not sell mailing lists. Also note that we will never solicit any personal information from you via e-mail. Accordingly, if you receive an e-mail from the LinkFund, asking for personal information, do not respond to the e-mail, but contact us right away regarding the unsolicited or potentially fraudulent communication with you.
Terms and Conditions of Use – Copyright
The entire content included in this site, but not limited to, text, graphics, or code, is copyrighted as a collective work, and is the property of the LinkFund. The collective work includes work that is licensed to the LinkFund. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with us, or purchasing our products. You may display and, subject to any expressly-stated restrictions or limitations related to specific material, download or print portions of the material from the different areas of this site, solely for your own non-commercial use, or to place an order with the LinkFund, or to purchase LinkFund products. Any other use, including, but not limited to, the reproduction, distribution, display, or transmission of the content of this site is strictly prohibited, unless authorized by the LinkFund. You further agree not to change or delete any proprietary notices from materials downloaded from this site.
All trademarks, service marks, and trade names of the LinkFund used on this site are trademarks or registered trademarks of the LinkFund.
This site and the materials and products in this site are provided as "as is," without warranties of any kind, whether express or implied. To the extent permissible pursuant to applicable law, the LinkFund disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, and non-infringement. The LinkFund does not represent or warrant that the functions contained in this site will be uninterrupted or error free, that the defects will be corrected, or that this site, or the server that makes this site available, are free of viruses or other harmful components. The LinkFund does not make any warranties or representations regarding the use of materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise.
Limitation of Liability
The LinkFund shall not be liable for any special or consequential damages that result from the use of, or the inability to use, any browser-based accessible and/or downloadable materials, including standalone software applications on this site, or the performance of the products, even if the LinkFund has been advised of the possibility of such damages. The LinkFund is not responsible for individual interpretation of content/products on the site, nor is it responsible for actions taken by any individual or group as a result of use or interpretation of content/products on this site. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products. This does not affect your statutory rights as a consumer. We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentation) or otherwise out of, or in connection with conditions for:
- Any economic losses (including, without limitation, loss of revenues, profits, contracts, businesses, or anticipated savings); or
- Any loss of good will or reputation; or
- Any special or indirect losses suffered or incurred by that party arising out of, or in connection with, the provisions of any matter under the conditions;
- Nothing in the conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents, or employees.
In the unlikely event that you receive goods which are not what you ordered, or which are damaged or defective, or of a different quantity to that stated on your order form, we shall make good any shortage or non-delivery, replace or repair damaged or defective goods, or refund to you the amount you paid for the goods in question, provided that you notify us of the problem in writing at the address stated in the confirmation e-mail within seven (7) working days of the delivery of the goods, plus return the goods to us, unless we inform you that return is not necessary. This revision does not affect your statutory rights.
We have taken every measure to provide accurate product images for each product for sale on the website. However, due to a number of different factors, such as differences in internet browsers, monitor color/contrast, etc., we cannot be held responsible or liable for any differences in color between the images and the actual products. The products sold on the LinkFund are provided for private, domestic, and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damaged property, and/or loss from claims of third parties arising out of the use of this site, or for any products or services purchased from the LinkFund.
We have taken every measure to prevent internet fraud and to ensure that any data collected from you is stored as safely and securely as possible. However, we cannot be held liable in the extremely unlikely event of a breach of our secure computer servers.
We shall owe no liability to you for any delay in the delivery of products ordered, or any other matters to the extent that the delay is due to any event outside of our control, including, but not limited to, acts of God, war, flood, fire, labor disputes, strikes, and the like.
We make no warranty that the website will meet your requirements, or will be uninterrupted, timely, or unretrieved, that defects will be corrected, or that the website or the server that makes it available, are free of viruses, or bugs, or represents the full functionality, accuracy, and reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.
Typographical errors – In the event that a LinkFund product is mistakenly listed at an incorrect price, the LinkFund reserves the right to refuse or cancel any orders placed for a product listed at the incorrect price. The LinkFund reserves the right to refuse or cancel any such orders, whether or not the order has been confirmed, and your credit card charged. If your credit card has already been charged for the purchases, and your order is cancelled, the LinkFund will issue a credit to your credit card account in the amount of the incorrect price.
Terms: Termination – These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by the LinkFund without notice, at any time, for any reason. The provisions relating to Copyrights, Trademarks, disclaimers, limitation of liability, indemnification and miscellaneous, shall survive any termination.
Notice – The LinkFund may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to the LinkFund.
Miscellaneous – You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating, including, but not limited to, the purchase of LinkFund products, shall be determined on a case-by-case basis. Any cause of action or claim you may have with respect to this site (including, but not limited to, the purchase of any LinkFund products) must be commenced within (1) year after the claim or cause of action arises.
The LinkFund's failure to insist upon or enforce a strict performance of any provisions of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties, nor a trade practice shall act to modify any of these terms or conditions. The LinkFund may assign its rights and duties under this Agreement to any party, at any time, without notice to you.
Use of Site – Harassment, in any manner or form on this site, including via e-mail, chat, or by use of obscene or abusive language is strictly forbidden. The impersonation of others, including a LinkFund or other licensed employee, host, or representative, as well as other members or visitors on this site is prohibited. You may not upload to distribute or otherwise publish through this site any content which is libelous, defamatory, obscene, threatening, invasive of privacy, abusive, illegal, or otherwise objectionable, which may constitute or encourage a criminal offense, violate the rights of any party, or which may otherwise give rise to liability or violate any law. You may not upload commercial content of the site, or use the site to solicit others to join or become members of any other commercial online service or other organization.
The LinkFund does not and cannot review all communications and materials posted to or created by users accessing the site, and the LinkFund is not in any manner responsible for the content of these communications and materials. You acknowledge that providing you with the ability to view and distribute user-generated content on the site, the LinkFund is merely acting as a passive conduit for such distribution, and is not undertaking any obligation or liability relating to any content or activities on the site. However, the LinkFund reserves the right to block or remove any communications or materials that it determines to be abusive, defamatory, obscene, fraudulent, deceptive, or misleading, or in violation of a copyright, trademark, or other intellectual property right of another, or offensive, or otherwise unacceptable to the LinkFund, to be determined at the LinkFund's sole discretion.
Indemnification – You agree to indemnify, defend, and hold harmless the LinkFund, its officers, directors, employees, agents, licensors, and suppliers (collectively called the "service providers") from and against all losses, expenses, damages, and costs, including reasonable attorney's fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful content) by you or any other person accessing the site using your internet account.
Third-Party Links – In an attempt to provide increased value to our visitors, the LinkFund may link to sites operated by third parties. However, even if the third party is affiliated with the LinkFund, the LinkFund has no control over these linked sites, all of which have separate privacy and data collection practices, independent of the LinkFund. These linked sites are only for your convenience; therefore, you access them at your risk. Nonetheless, the LinkFund seeks to protect the integrity of its website and the links placed upon it, and therefore requests any feedback on not only its own site, but for sites it links to, as well, and specifically including if a specific link does not work.
- When placing an order, you agree that any and all information given is accurate and complete.
- All orders are subject to acceptance and product availability.
- If the LinkFund does not have enough stock to deliver the goods you have ordered, we will not charge your credit card or debit card until the items are back in stock and ready to be dispatched.
- All prices listed on the LinkFund are correct at the time of entering the information. However, the LinkFund reserves the right to changes prices of any product at any time.
- No contract for the sale of any product will exist between you and the LinkFund until we accept your order by dispatching the product to you. When this happens, we will confirm your acceptance by sending you an e-mail.
- The confirmation e-mail will be sent to the e-mail address given in your order and will detail products ordered, payment method, cost, and usual delivery times.
- You must check all of the details on the confirmation e-mail to assure that they are correct, and contact us as soon as possible if any details are incorrect.
- If your item has not been accepted, you will receive an e-mail from us telling you the reasons why.
- Discount vouchers cannot be used on sale products.
- The delivery date stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order. If you are ordering more than one item, your goods may be sent to you in installments if certain items are out-of-stock.
- If your delivery address is outside of the United States, you may have to pay import duties and taxes which are levied once a shipment reaches your country. You must pay any additional charges for customs clearance. Please note that customs policies vary from country to country. We recommend you contact your local customs office for further information.
- Please note that international shipments may be subject to cross-border inspections by customs authorities.
- Cost and time of delivery depends on where you live and how quickly you want your order.
- An estimate of delivery times for any address within the United States is seven (7) to ten (10) days if your purchase is in stock.
- The LinkFund accepts most major credit and debit cards.
- All credit and debit card holders are subject to validation checks and authorization by the card user. If the issuer of your credit card refuses to authorize payment to us, we will not be liable for any delay or non-delivery.
Cancelling an Order/Return Procedure
- If you have not submitted an order, you may clear the items in your shopping basket at any time.
- If you have submitted your order and have received a confirmation e-mail from the LinkFund, your order has been placed. If, after that, you wish to cancel your order, you will need to wait until you receive the product and then follow our return procedure.
- Once we have heard from you that you wish to cancel an order, any sum debited to us from your credit card or debit card will be re-credited to that credit card or debit card account within thirty (30) days of your order, provided that the goods you return to us are in the same condition that they were when they were delivered to you. No custom-ordered items, however, can be returned.
- The LinkFund gives you a 7-day grace period in which you might decide that you no longer want the items that you ordered. This 7-day period beings the day after the date upon which the items were delivered. This return policy is for stock items only and does not include links that you the consumer have custom designed.
- The LinkFund wants the return procedure to be easy for you. For your protection, when you return an item or items to us, we recommend that you use a traceable delivery service.
- A 10% restocking fee will be charged, unless the cause of the returned goods is a result of our error or if the item is flawed. The address to be used to return items:
1175 Rickett Road, Suite 4
Brighton, MI 48116
- The LinkFund is happy to exchange, for the same item, any returned item that is not damaged, faulty, or incorrectly shipped, so long as the request for the exchange is made within seven (7) days from the date that the items were shipped to you.
- Again, for your protection, we recommend that you use a traceable delivery service to return any item that you are requesting to exchange.
- The same address as above may be used for exchanges.