Access to the various LifeLinker websites and use of the LifeLinker service is conditional upon and governed by your accepting and following our required terms and conditions, explained on this page. LifeLinker Inc is a corporation registered in Washington state, and operates the services and websites associated with itself.
Although you may purchase or be given a membership, either for a fixed term or a ‘lifetime’ membership to our website, you or we may cancel that membership at any time and for any reason, in which case any amounts paid shall be pro rata refunded as noted below.
In all cases, we have the right to be the sole decider of what constitutes acceptable and unacceptable use and what complies with or contravenes our terms and conditions or other conditions imposed upon us and you by external regulatory organizations.
If you wish to appeal our operational level review and response to what we deem to be an infringing action, you may do so by sending a single email to email@example.com and setting out the circumstances of the situation, explaining why you feel our response to be inappropriate, and what you feel to be a more equitable response. A senior LifeLinker manager will review our internal notes and your email and will respond to you with a single email in turn, either affirming or varying the operational level decision.
Specifically, and without limiting your general obligations, you agree :
- To conform with the usage levels applicable to your level of membership and with LifeLinker’s various policies and prohibitions, as set out variously here and elsewhere on its site, and as may be amended from time to time.
- Not to engage in abusive or obscene practices, including via messaging or other contact with other LifeLinker members, or via posting in our user forum, or on member memorial pages.
- To be honest, fair and accurate in the information you add to your personal profile and the comments you leave on other members’ memorials and not to create fictitious profiles or profiles for third parties, other than in limited cases where you are acting on behalf of incapacitated or minor family members and have the general approval of the person and their other family members to act on their behalf.
- To observe all copyright restrictions on the material you upload and publish.
- Not to engage in any actions or usage that would overload the LifeLinker servers.
- Not to access other members’ accounts without their express permission.
- Not to use the LifeLinker site as a medium for any form of illegal communication or trading or for any other unauthorized or illegal purpose.
Fees, Services, Payments and Refunds
We provide a completely free service which you are welcome to use subject to your compliance with this Agreement and any rulings made thereunder. We also offer memberships, both on an annual and lifetime basis, which provide additional services and features which we charge for, and we offer optional ‘one off’ special services, features, and products that we also charge for.
Annual memberships may be cancelled by you at any time, and we will refund you one twelfth of the net amount received for your most recent annual membership fee you paid for each full month of unused membership remaining on your account, with the amount of refund not to exceed the amount most recently received from you by us.
Lifetime memberships may be cancelled by you at any time prior to your death. In such a case, we will calculate the value of the period of time you used your membership as if you had been paying for it on the basis of the relevant published gross annual membership fee, and will refund you the amount, if any, that represents a remaining balance on your account.
If you have any non-monetary account credits that we deem to have been legitimately earned and held in compliance with our policies, these would be relinquished by you when you cancel your account. If they are transferable, we suggest you transfer them prior to canceling your account.
If we should cancel your membership for any reason other than for violations of the Acceptable Use policies (above), the same refund calculation will apply, and we would give you 48 hours to transfer any credits held to any other LifeLinker member. Cancellations or suspensions due to violations of the Acceptable Use policies will not result in any credits or refunds.
In the event of any dispute arising to do with any of the additional services, features or products we provide and which you have paid for, you agree to raise any complaints with us within 30 days of either your payment being received by us or the delivery of the services/features/products you paid for (whether such delivery and receipt was by you or by a third-party), whichever date shall be the later. If you do not raise any complaints with us within this 30 day period, you agree that you have waived any subsequent ability to complain or dispute payment. This limitation does not restrict your rights under any warranty or guarantee that may be offered by us or by a third-party.
Normally we will refund any sums due back to you in the form in which they were originally received, but it is possible that this may be difficult or not possible due to the terms and conditions of, by way of example, our agreements with credit card processors or the capabilities of the software for such transactions. In such cases we will instead send you a check for your refund by first class mail to the mailing or home address we have on file for you.
If the payment being refunded was made by someone else on your behalf, then the refund amount would also be sent to that other person. If you received something free that is normally charged for, and if no-one else paid for that received item either, then no refund would apply. In other words, you’d never get more money back than was originally paid.
It is possible you may be making payments to us in a currency other than the currency we quoted for our fee (currently only US dollars, and possibly in the future, other currencies too). All calculations shall be based only on the net amounts received by us in US dollars, after the deduction of any fees by any financial institutions imposed on either us or you. If we are refunding any sums to you, the amount refunded shall be in based on the net US payment we received, and then if convenient for us and feasible, converted back to your currency, or if not convenient or feasible, refunded to you in US currency by way of a check drawn on our US bank account, in US dollars, and sent via regular first class mail. Any change, cost, loss or gain in net amount sent/received by you due to our conversions and associated exchange rate changes or costs will be to your account.
On occasion, we may extend offers to you through third-party suppliers, and if you choose to accept such offers, you would be responding to and creating a relationship with that third-party. In such cases, any issues that might arise would be between you and the third-party, not between you and us, and because we neither received any payment from you nor supplied you with anything in return, we could not and would not be able to address any issues that may arise. We would like to be advised if you have problems so we can understand the reality of the experiences of our members with such third parties, but any recourse is between you and them only.
You agree to comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you or those applicable to us in King Co, WA, USA. When sending emails through our system or causing emails to be sent, you further agree to comply with laws that govern marketing email such as the CAN-SPAM Act of 2003.
Limitation of Liability and Indemnification
You agree we will not be liable for any indirect, incidental, consequential, special or exemplary damages of any kind arising in connection with your participation in our service, even if we have been advised of the possibility of those damages.
You further agree that LifeLinker is merely an intermediary and a conduit used by its members to communicate and share information. We are not and can not be responsible for the content of such communications or their accuracy.
In all cases, our total liability in relation to anything and everything will not exceed the total fees paid by you to us over the preceding five years, and in the case that you have made no payments to us at all, you further agree that we would therefore have no liability whatsoever.
You agree to indemnify LifeLinker from any actions or losses or costs arising from your use of LifeLinker’s sites, services, and products.
We respect the intellectual property rights of others and expect our members to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable your membership if you are suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (our “Designated Agent”). Our Designated Agent is:
17321 NE 31st Ct
Redmond WA 98052
If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following :
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification and can be clearly identified other than by individual listings, a representative list of such works on our site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (ie its url).
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All such notices will be investigated and responded to as appropriate. Notices that do not follow this format may not receive a response.
Children’s Online Privacy Protection Act Compliance
Our site, products and services are all directed to people who are at least 13 years old or older. If this server is in the USA, and you are under the age of 13, per the requirements of COPPA (Children’s Online Privacy Protection Act), do not use this site.
Disputes and Resolution
In the event of any disputes arising from the agreement between us governing your participation in the LifeLinker service or the breach thereof, such disputes will be resolved through binding arbitration rather than in court, administered by the American Arbitration Association in accordance with its Arbitration Rules and including the AAA’s Supplementary Procedures for Consumer-Related Disputes. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be within the Seattle/Eastside region of the county of King, state of Washington, United States, and Washington state law shall apply. The parties shall agree upon an arbitrator, and if the parties can not so agree, each party shall appoint their preferred arbitrator and the two arbitrators shall appoint a third arbitrator.
We agree between us that any disputes and their resolution will be conducted on an individual basis and not in a class, consolidated or representative action.
If for any reason a claim is heard in court rather than arbitration, we both waive any right to a jury trial.
Notwithstanding the preceding, we both agree that either of us may bring action in court to enjoin infringement or other misuse of intellectual property rights. We may also seek any relief, injunctive or otherwise, in any court of competent jurisdiction at state or federal/national level for any alleged or actual infringement of our or any other person’s intellectual property or other proprietary rights. In such cases, you acknowledge and agree that our rights are of a special, unique and extraordinary character, giving them peculiar value, the loss of which cannot readily be estimated and which cannot be fully compensated for in monetary damages.
Revision History and Changes to This Agreement
We reserve the right to modify these terms and conditions at any time and for any reason, and such modifications will become effective upon the date of their publication on our site. Your continued use of our service signals your acceptance of all such revisions.
These terms and conditions were last updated on August 19, 2016.