Privacy & Terms of Use

PRIVACY POLICY

We respect your privacy and believe in your right to know how your personally identifiable information (“PII”) is treated. This Privacy Policy outlines how we protect and use PII. Any terms used herein shall have those definitions associated with it in the Terms of Use.

Game Time Update LLC dba PeopleLinx, a Delaware corporation, or its parents, affiliates or subsidiaries (collectively, "PeopleLinx”) will never sell your PII. By using our services, you agree that PeopleLinx does have the right to share your PII for any of the following purposes: (1) providing customer support and processing credit card payments, (2) contacting you about our Services, (2) administering arrangements with partners operating a membership program to which you belong and consent to such disclosure, (3) preventing fraud, (4) complying with any applicable government regulation, local, state or federal law, legal process, court order or enforceable governmental request and (5) effectuating the transfer of our assets to a successor in interest in relation to a merger or acquisition.

PeopleLinx may retain any and all PII for the greater of a seven (7) year period or other period required by law for accounting or tax purposes. PeopleLinx shall use commercially reasonable efforts to protect the confidentiality of your PII (including but not limited to your name, email addresses, credit card information, images, information obtained via 3rd party login like Google single sign-on (“SSO”), and communication provided by email message). PeopleLinx has the right to amend or modify this Privacy Policy at any time with or without notice. Continued use of the PeopleLinx Services, Website or Technology shall serve as your consent to such changes. Any questions or comments about this Privacy Policy, please contact us at info@PeopleLinx.com. 

Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE OR USE OF THE PRODUCTS. YOU AGREE TO CHECK FOR UPDATES TO THESE TERMS AND CONDITIONS OF USE. BY USING THIS WEBSITE OR THE PRODUCTS, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, THEN DO NOT USE THIS WEBSITE OR THE PRODUCTS.

Agreement between You and PeopleLinx; 

Please read the following terms and conditions carefully. By using any Services of PeopleLinx, accessing information on the webpages of PeopleLinx, or using any of the technology owned by PeopleLinx (other than access obtained through an individually negotiated license or agreement with PeopleLinx), you (“You”) agree to be bound to these Terms of Use, along with the Privacy Policy and Affiliate Terms (these documents shall collectively be referred to herein as the “Terms”). All terms not defined herein shall have the meanings associated with them in the Affiliate Terms .

  1. “Account Holder” shall mean, as the case may be, either an individual or an entity with a valid Account.

  2. “Content” shall mean any and all data posted by PeopleLinx on its Website.

  3. “Services” shall mean any and all services provided by PeopleLinx in the course of its business.

  4. “Feedback” shall mean any and all feedback, comments and suggestions provided by an individual or entity to PeopleLinx for improvements to the Services, Website, Technology or Content.

  5. “Technology” shall mean any and all technology, software, applications and programming developed or created by PeopleLinx or that PeopleLinx has the lawful right to use.

  6. “User” shall mean an individual who is either (1) the Account Holder or (2) an individual who has been authorized by the Account Holder to act on its behalf with regards to the Services.

  7. “Website” shall mean the website of PeopleLinx.

PeopleLinx reserves the right to change any of the terms and conditions contained in these Terms, including the Service and/or any policies or guidelines governing the Service, at any time and in its sole discretion. While we will endeavor to provide direct notice to you of any changes, you are responsible for periodically checking the Site to determine if any changes have been made, and we are not liable for your failure to do so or our failure to provide such direct notice to you. Your continued use of the Service following any revision to these Terms will constitute your acceptance of the changes or modifications to these Terms. If you do not agree to any changes to these Terms, do not continue to use the Service.

User Accounts

  1. In order to use the Service, you must register with us to open a PeopleLinx user account ("Account"). By opening an Account, you represent and warrant that: (a) all information you submit in connection with your opening and use of your Account is true, accurate, current, and complete; (b) you will promptly notify us if your information changes so that we can update our records; (c) you are aged 13 or older; the Service is not intended for persons under 13; and (d) your use of the Service does not violate any applicable law, rule or regulation. You are responsible for maintaining this information.

  2. You are solely responsible for maintaining the security and confidentiality of the information you hold for your Account, including, without limitation, your user name and password, and for any and all activity that occurs through your Account as a result of your failure to keep this information secure and confidential. You hereby agree to notify PeopleLinx immediately if you become aware of any unauthorized use of your Account, user name or password, or any other breach of security in connection therewith. You may be held liable for losses incurred by PeopleLinx or any third party due to someone else using your Account, user name or password as a result of your failing to keep your Account information secure and confidential. You are strictly prohibited from using anyone else's Account, user name or password at any time and for any reason. PeopleLinx is not liable to you or any third party for your failure to comply with your obligations under this paragraph.

Fees

  1. The fees, if any, that you are required to pay to use the Service, and the corresponding usage limitations (the "Quota") that will be made available to you based on the amount of fees paid, are set forth in PeopleLinx's standard written or electronic (including via the Site) order form (the "Order Form"). Fees will be billed in advance in accordance with such Order Form. If you maintain a credit card on file with PeopleLinx in your Account, it will be automatically charged for all such fees. If such Order Form specifies that PeopleLinx will invoice you for applicable fees, you agree to pay all amounts set forth in such invoice within thirty (30) days of the invoice date. If you exceed the Quota applicable to the amount of fees you have paid, you will be charged any additional fees for the applicable billing period that reflect your actual Service usage during such billing period. Such additional fees will be charged retroactively following the applicable billing period. Fees are solely based on PeopleLinx's measurements of your use of the Service. You are responsible for maintaining up to date credit card information, if applicable, in your Account.

  2. Unless otherwise agreed by PeopleLinx and you, all fees are payable in U.S. Dollars. Late payments of fees may bear interest at the rate of one and 10 percent (10%) per month (or the highest rate permitted by applicable law, if less). Fees are exclusive of taxes or other charges. You are responsible for paying all taxes and government or other charges, and all reasonable expenses and attorneys' fees PeopleLinx incurs collecting late fees. PeopleLinx reserves the right to suspend or terminate your use of the Service (and access to your Content) if you fail to pay any fees due in connection with your use of the Service. Any outstanding fees are immediately due and payable upon termination of your use of the Service for any reason.

  3. To the greatest extent permitted by applicable law, and without affecting your credit card issuer's rights, you hereby waive all claims relating to fees unless you notify PeopleLinx of any dispute or other fee-related claim within thirty (30) calendar days of the fees being charged to your credit card.

  4. To the greatest extent permitted by applicable law, any refunds of fees are at the sole discretion of PeopleLinx, and refunds will only be provided in the form of a credit against future fees for the Service. Nothing in these Terms obligates PeopleLinx to extend credit to any person. You acknowledge and agree that any credit card and related billing and payment information that you provide to PeopleLinx may be shared by PeopleLinx with third party service providers who work on PeopleLinx's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to PeopleLinx and servicing your Account. PeopleLinx may also provide information in response to valid legal processes, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. PeopleLinx shall not be liable for any use or disclosure of such information by such third parties.

  5. PeopleLinx may change its fees, payment terms and Quota thresholds at its discretion; provided however, that such changes will not take effect for you until your next monthly billing cycle. You will be notified of any such changes (including notices posted on the Site or sent to your registered e-mail address).

Service Availability & Support

  1. PeopleLinx may temporarily suspend your access to any portion or all of the Service and your Content (as defined below) if PeopleLinx reasonably determines that: (a) there is a threat or attack on the Service (including a denial of service attack) or other event that may create a risk to the Service, you or any other Service user; (b) your use of the Service or your Content disrupts or poses a security risk to the Service or any other Service user, may harm PeopleLinx's systems or any other Service user, or may subject PeopleLinx or any third party to liability; (c) you are using the Service for fraudulent or illegal activities; (d) subject to applicable law, you have ceased to continue your business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding; (e) you are using the Site, Service or other PeopleLinx property in breach of these Terms; (f) you are in default of your payment obligations hereunder; or (g) there is an unusual spike or increase in your use of the Service (collectively, "Service Suspensions"). PeopleLinx will make commercially reasonable efforts, circumstances permitting, to provide written notice of any Service Suspension to you (including notices posted on the Site or sent to your registered e-mail address) and to provide updates regarding resumption of the Service following any Service Suspension. PeopleLinx will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Suspension.

  2. PeopleLinx will provide customer support to you as is generally made available without charge to other users of the Service.

Security

You are solely responsible for properly configuring and using the Service and taking your own steps to maintain appropriate security, protection and backup of your Content, including using encryption technology to protect your Content from unauthorized access and routinely archiving your Content. PeopleLinx is not responsible for any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any of, your Content or other data that you submit or use in connection with your Account or the Service.

PeopleLinx's Proprietary Rights

  1. You hereby acknowledge and agree that PeopleLinx (or its licensors) own all legal right, title and interest in and to the Site and Service, including, without limitation, any intellectual property or other proprietary rights which subsist in the Site and Service (whether such rights are registered or unregistered, and wherever in the world those rights may exist). As between you and PeopleLinx, all materials on the Site, including, but not limited to, graphics, user and visual interfaces, images, software, applications, and text, as well as the design, structure, selection, coordination, expression, "look and feel", and arrangement of the Site and its content (except for your Content), and the domain names, trademarks, service marks, proprietary logos and other distinctive brand features found on the Site, are all owned by PeopleLinx or licensors.

  2. PeopleLinx shall fully own and retain all rights to anonymous usage data derived from your use of the Service ("Usage Data") as aggregated with usage data from PeopleLinx's other customers for its own business purposes such as support, operational planning, product innovation and sales and marketing of PeopleLinx's services. For purposes of clarification, such Usage Data may not include any data that could reasonably identify you.

  3. Nothing in these Terms gives you any right to use any of PeopleLinx's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. All rights not expressly granted by PeopleLinx under these Terms are reserved.

  4. Subject to your compliance with these Terms, including, without limitation, your payment of all applicable fees, PeopleLinx hereby grants you a limited, personal, worldwide, royalty-free, non-transferable, non-sublicensable and non-exclusive license to use the Service for your internal business use, to store and manage your Content in such manner as permitted and/or specified by PeopleLinx from time-to-time in any applicable documentation or Service descriptions made available by PeopleLinx. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by PeopleLinx, in the manner permitted by these Terms.

  5. During, and after the termination of, your use of the Service, you will not assert, nor will you authorize or assist any third party to assert, against PeopleLinx or any of PeopleLinx Parties (as defined below), any patent infringement claim with respect to the Service.

Service Use Restrictions

  1. You hereby represent and warrant that you will not, and will not permit any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Site or Service or otherwise attempt to gain unauthorized access to any portion or feature of the Site or Service, or any other systems or networks connected to the Site or Service, or to any PeopleLinx server, by hacking, password "mining", or any other illegal means; (b) use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Service; (c) use any device, software or routine to interrupt or interfere, or attempt to interrupt or interfere with, the proper operation and working of the Site or Service or any transaction being conducted on the Site or through the Service, or with any other person's use of the Site or Service; (d) breach any security measures implemented on the Site or in the Service; (e) track or seek to trace any information on any other person who visits the Site or uses the Service; (f) forge headers or otherwise manipulate identifiers in order to disguise your identity, or the origin of any message or other communication that you send to PeopleLinx in connection with the Service; (g) pretend that you are, or that you represent, someone else, or impersonate any other person; (h) use the Service in the design, development, production, or use of missiles or the design, development, production, stockpiling, or use of chemical or biological weapons; (i) use the Service or Site for any illegal purpose, for soliciting the performance of any illegal activity, or as otherwise prohibited by these Terms or applicable laws, rules or regulations, including, without limitation, laws applicable to the export of software and data; (j) upload or otherwise process any malicious content to, or through, the Service; or (k) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any PeopleLinx proprietary software used to provide, maintain, or otherwise applicable to, the Service, or made available to you in connection with the Service.

  2. You hereby agree that you will notify PeopleLinx if you become aware that the Site or Service is being used for any illegal or unauthorized purpose.

Emails and CAN-SPAM Compliance

You shall not use the Service for the sending of unsolicited email (sometimes called "spam") in violation of applicable law or for the transmission of illegal or prohibited content. In connection with the foregoing, you hereby represent, warrant and agree that: (a) you are the sole or designated "sender" (as such term is defined in the CAN-SPAM Act of 2003 and any rules adopted under such act (collectively, the "CAN-SPAM Act")) of any email message sent by you using the Service, and you shall ensure that all messages you send using the Service comply with all requirements of the CAN-SPAM Act; (b) you shall not use the Service will for the sending of unsolicited bulk email in violation of the CAN-SPAM Act or other applicable law; (c) you acknowledge and agree that not all email messages sent through use of the Service will be received by their intended recipients; (d) you will comply with the restrictions on content of email messages and activities using the Service as set forth or referenced in this Agreement; (e) you shall ensure that the "from" line of any email message sent by you using the Service will accurately and in a non-deceptive manner identify your organization, your product or your service and that the "subject" line of any email message sent by you using the Service will not contain any deceptive or misleading content regarding the overall subject matter of the email message; (f) you will include in any email message sent by you using the Service your valid physical address, if required by law, which may be a valid post office box meeting the registration requirements established by the United States Postal Service; (g) if required under the CAN-SPAM Act, you will ensure that email messages sent in connection with the Service include an "unsubscribe" link (or instructions on how to unsubscribe) that allows subscribers to remove themselves from your mailing list and a link to your then current privacy policy; provided that each such link must remain operational for a period of thirty (30) days after the date on which you send the message, and must be in form and substance satisfactory to PeopleLinx; and (h) You shall monitor and process unsubscribe requests received by you directly within ten (10) days of submission, and update the email addresses to which messages are sent through your PeopleLinx account. You shall not copy a PeopleLinx template or any other features or functionality from the Service and use them for any purpose other than sending email messages from the Service. PeopleLinx may suspend your use of the Service if PeopleLinx, in its sole discretion, determines that your level of spam complaints is higher than industry norms (as determined by PeopleLinx).

Your Content & License from You

  1. You hereby agree that you are solely responsible and liable for any and all information, data files, written text, computer software, music, audio files or other sounds, photographs, videos, images, and other content (collectively "Content") that you store, transmit, display, or otherwise use in connection with the Service, and for the consequences of your actions in connection with such Content and your use of the Service. You agree that PeopleLinx has no responsibility to you or to any third party in connection with such Content. You are solely responsible for any losses or damage suffered by PeopleLinx in connection with your Content. You hereby represent and warrant that you will not store or otherwise use any Content in connection with the Service that: (a) violates these Terms; (b) is defamatory, libelous, abusive, illegal, profane, indecent, pornographic, obscene, hateful, offensive, harassing, or threatening in any way; (c) constitutes or encourages conduct that would be considered a criminal offense or give rise to civil liability, or otherwise intentionally or unintentionally violate any law, rule or regulation; (d) violates any third party's copyright, trademark, patent, trade secret, or other personal or proprietary right; (e) invades or interferes with the rights of privacy or publicity of any person; or (f) contains a virus, malicious code or any other harmful component.

  2. PeopleLinx reserves the right, at any time in its sole discretion and without notice to you, to pre-screen, review, monitor, flag, filter, modify, refuse or remove any or all Content from the Service, but PeopleLinx has no obligation to do so. You agree to immediately take down, delete or modify any Content that is stored by you through the Service that violates these Terms or any applicable laws, rules, or regulations, including pursuant to a take down, deletion or modification request from PeopleLinx. In the event that you elect not to comply with a request from PeopleLinx to take down, delete or modify certain Content, PeopleLinx reserves the right to directly take down, delete or modify such Content. PeopleLinx assumes no liability or responsibility arising from your activities in connection with the Service, including, without limitation, Content that you store or otherwise use in connection with Service.

  3. PeopleLinx claims no ownership or control over your right, title and interest in your Content. You retain copyright and any other intellectual property and other proprietary rights you already hold in your Content, and you are solely responsible for protecting those rights, as you deem appropriate. By submitting, storing, displaying, or otherwise using your Content in connection with the Service, you hereby grant PeopleLinx a worldwide, royalty-free, fully-paid-up, non-exclusive license to reproduce, perform, modify, display, distribute, and otherwise use such Content for the purpose of enabling PeopleLinx to provide the Service to you, including, without limitation, storing and retrieving the Content, making the Content available through the Service, adapting the Content for technical display and transmission, conforming the Content to the limitation and terms of the Service, and any other use related to the maintenance, provision and improvement of the Service

  4. You hereby agree that PeopleLinx, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names, and other distinctive brand features, in presentations, marketing materials, customer lists, financial reports and website listings (including links to your website) for the purpose of advertising or publicizing the Service.

  5. PeopleLinx will not disclose any of your Content, except: (a) if you expressly authorize us to do so in connection with your use of the Service; (b) as necessary to provide the Service to you; or (c) to comply with the request of any governmental or regulatory body, subpoenas or court orders, or as otherwise required by applicable law, rule or regulation. If we receive a subpoena, court order, or other request from a governmental or regulatory body requesting the disclosure of any of your Content, we will use good faith efforts to provide you with reasonable notice to allow you to seek a protective order or other appropriate remedy (except to the extent PeopleLinx's compliance with the foregoing would cause it to violate a court order or other legal requirement). You are required to respond to third party requests about your Content, and we may provide your contact information to third parties, and suspend or terminate your access to the Service and your Content, if you fail to respond to such third party requests.

  6. PeopleLinx may use usage patterns, trends and other statistical data derived from your Content and use of the Service for purposes of providing, operating, maintaining, or improving the Service.

  7. PeopleLinx may send notifications, text messages, picture messages, alerts, emails or other types of messages (the “Messages”) to the User on the phone number or email address on file at the time such Messages are sent. The Account Holder has control over the Message settings, and can opt in or out of these Messages (with the exception of administrative messages). You shall be solely responsible for any and all fees charged by Your phone or email provider in the event that Your phone or email provider charges any fees as a result of such Messages.

Feedback

  1. If you send or transmit any communications or materials to PeopleLinx by mail, electronic mail, telephone, or otherwise ("Feedback"), suggesting or recommending changes to our Site or Service, including without limitation, new features or functionality relating thereto, any comments, questions, suggestions, or the like, all such Feedback are, and will be treated as, non-confidential and non-proprietary. This means that you give up any claim that the use of such Feedback by PeopleLinx or its agents, violates any of your rights including moral rights, privacy rights, proprietary or other property rights, rights of publicity, rights to credit for material or ideas, or any other right, including the right to approve the way PeopleLinx uses such Feedback.

  2. You hereby assign all right, title, and interest in, and PeopleLinx is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You agree and understand that PeopleLinx is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

Exclusion of Warranties

  1. YOUR USE OF THE SITE AND SERVICE IS ENTIRELY AT YOUR OWN DISCRETION AND RISK. THE SITE AND SERVICE ARE FURNISHED TO YOU "AS IS'' AND WITHOUT WARRANTIES OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. PEOPLELINX, ON BEHALF OF ITSELF, AND ON BEHALF OF ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND THIRD PARTY SERVICE PROVIDERS, AND PEOPLELINX'S AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS, (COLLECTIVELY, THE "GOOD PARTIES"): (A) EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT WARRANT THAT THE SERVICE, OR DATA PROVIDED THROUGH THE SERVICE, WILL MEET YOUR REQUIREMENTS, OR THAT ITS OPERATION WILL BE TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (C) DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF ITS ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE.

  2. THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND PeopleLinx. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PeopleLinx OR ANY PERSON ON BEHALF OF PeopleLinx SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY.

  3. NOTHING IN THESE TERMS, THIS SECTION 12, OR SECTION 13 BELOW, SHALL EXCLUDE OR LIMIT PeopleLinx'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

Limitation of Liability

  1. IN NO EVENT WILL PEOPLELINX OR PEOPLELINX PARTIES BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO, THE USE, OR LOSS OF USE OF, THE SERVICE, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA OR CONTENT, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, SUBSEQUENT OR OTHER COMMERCIAL LOSS, OR FOR ANY OTHER REASON OF ANY KIND, WHETHER BASED ON CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF PEOPLELINX OR PEOPLELINX PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  2. PEOPLELINX AND PEOPLELINX PARTIES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THE SITE OR SERVICE. IF, NOTWITHSTANDING THE FOREGOING, PeopleLinx OR ONE OF PeopleLinx PARTIES IS FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, PEOPLELINX OR THE RELEVANT PEOPLELINX PARTY'S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY SHALL IN NO EVENT EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO PEOPLELINX DURING THE ONE (1) YEAR PERIOD PRECEDING THE DATE OF THE EVENT GIVING RISE TO PEOPLELINX'S LIABILITY.

Indemnification

  1. You hereby agree to indemnify, defend and hold harmless PeopleLinx and PeopleLinx Parties (each an "Indemnified Party"), from and against any and all liability and costs (including, without limitation, attorneys' fees and costs) incurred by the Indemnified Party(s) in connection with any actual or alleged claim arising out of: (a) your use of the Service; (b) any breach or alleged breach by you of these Terms; (c) any Feedback or Content provided by you; (d) any breach or alleged breach by you of a third party's rights, including, without limitation, any intellectual property, privacy or publicity rights; (e) any damage caused by or alleged to have been caused by you to the Site or Service; or (f) any actual or alleged violation or non-compliance by you with any applicable law, rule or regulation, including, without limitation, the CAN-SPAM Act.

  2. Counsel you select for defense or settlement of a claim must be consented to by PeopleLinx and/or the Indemnified Party(s) prior to counsel being engaged to represent you and PeopleLinx and/or the Indemnified Party(s). You and your counsel will cooperate as fully as reasonably required, and provide such information as reasonably requested, by the Indemnified Party(s) in the defense or settlement of any claim. PeopleLinx and/or the Indemnified Party(s) reserves the right, at its own expense, to assume the exclusive defense or settlement, and control of any matter otherwise subject to indemnification by you. You shall not in any event consent to any judgment, settlement, attachment, or lien, or any other act adverse to the interest of PeopleLinx or any Indemnified Party(s) without the prior written consent of PeopleLinx and/or the Indemnified Party(s).

Changes to Service

PeopleLinx is constantly striving to provide the best possible experience for its Service users. You acknowledge and agree that the form and nature of the Service which PeopleLinx currently provides may change from time-to-time without prior notice to you, subject to the terms in Section 4.5. Changes to the form and nature of the Service will be effective with respect to all versions of the Service. Examples of changes to the form and nature of the Service include, without limitation, changes to fees and payment policies, security patches, additional functionality, reduced functionality, and other enhancements.

Termination of Service

  1. You may stop using the Service at any time by closing your Account, or ceasing to use the Service. Upon termination of service(s) under contract the Account Holder is liable for any remaining balance between Game Time Updates and the Account Holder.

  2. PeopleLinx reserves the right to apply a 10% late fee on delinquent payments beyond 30 days of due date.

  3. Failure to complete payments during contract duration will result in collections and reporting to regional Better Business Bureaus through the PeopleLinx collections process.

  4. PeopleLinx reserves the right in its sole discretion to cease or suspend providing all or any part of the Service immediately without any notice to you, if: (a) you breach, or threaten or intend to breach, these Terms; (b) PeopleLinx is required to do so under any applicable law, rule or regulation, including, without limitation, the CAN-SPAM Act; (c) the Service relies on data, services or another business relationship between PeopleLinx and a third party service provider, and such relationship terminates or changes in such a way that affects PeopleLinx's ability to continue providing the Service; (d) continuing to provide the Service could create a substantial economic burden on PeopleLinx as determined by PeopleLinx in its sole discretion; or (e) continuing to provide the Service could create a security risk or material technical burden as determined by PeopleLinx in its sole discretion.

  5. If your use of the Service is terminated or suspended except to the extent prohibited by any applicable law, rule or regulation, you will have access to, and the ability to export, your Content for a period of thirty (30) calendar days following such termination or suspension. Fees will continue to be assessed based on your actual use of the Service during such periods.

  6. Any of your obligations under these Terms which by their nature are intended to survive the termination of your use of the Service, shall continue to apply to you after you cease to use the Service.

  7. PeopleLinx may notify the relevant law enforcement authorities or other third parties, of any illegal or other prohibited conduct by you, including, without limitation, your violation of these Terms or unauthorized use of the Site or Service

Governing Law and Venue

  1. These Terms will be construed and enforced in all respects in accordance with the laws of the state of Delaware, without reference to its choice of law rules. Except as set forth below, the federal and state courts seated in New Castle  County, Delaware shall have sole and exclusive jurisdiction for all purposes in connection with any action or proceeding that arises from, or relates to, these Terms and you hereby irrevocably waive any objection to such exclusive jurisdiction; provided however, that PeopleLinx may seek to enforce any judgment in its favor in any court of competent jurisdiction.

  2. Notwithstanding the foregoing, PeopleLinx may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its proprietary and other rights. You agree that your breach of these Terms may result in immediate and irreparable damage to PeopleLinx for which there is no adequate remedy at law.

  3. The United Nations Convention on Contracts for the International Sale of Goods in its entirety is expressly excluded from these Terms, including, without limitation, application to the Site or Service. Furthermore, these Terms (including without limitation, the Site and Service) will not be governed or interpreted in any way by referring to any law based on the Uniform Computer Information Transactions Act (UCITA) or any other act derived from or related to UCITA.

  4. Any cause of action arising under these Terms must be commenced by you within one (1) year after the claim or cause of action arises.

Third Party Websites

  1. The Site and Service may provide links to other websites that are not owned or operated by PeopleLinx ("Third Party Websites"). PeopleLinx provides these links to you as a convenience only, and PeopleLinx does not verify, make any representations concerning, or take responsibility for, such Third Party Websites, or the products or services offered through such third party websites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content of, or activities conducted on, such Third Party Websites. You should use your own independent judgment before accessing and using such Third Party Websites, or products or services offered through such Third Party Websites.

  2. These Terms and the Privacy Policy do not apply to such Third Party Websites, and you should review such Third Party Websites' privacy policies, terms and conditions and business practices as they may be different to those of PeopleLinx and it is your sole responsibility to comply with such terms. Your dealings and communications with any third party in connection with the Third Party Websites are solely between you and such third party.

  3. Any reference on the Site, or through the Service, to any product, process, publication or service of any third party, by trade name, domain name, trademark, trade identity, service mark, logo, manufacturer or otherwise, does not constitute or imply PeopleLinx's endorsement or recommendation thereof, and your use of any Third Party Websites and third party product, process, publication, or service is entirely at your own risk.

Miscellaneous Legal Terms

  1. These Terms and the Privacy Policy, together constitute the entire agreement between you and PeopleLinx with respect to the Service (excluding any services which PeopleLinx may provide to you under a separate written agreement), and completely supersedes, cancels and replaces any and all other written or oral agreements or understandings previously existing between you and PeopleLinx with respect to the Service.

  2. The failure of PeopleLinx to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

  3. If any part of these Terms is held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of these Terms, and the other parts will remain in full force and effect.

  4. Any notice or other communications by PeopleLinx relating to the Service may be made by letter, e-mail or posting on the Site, and you hereby consent to receive notices and other communications in electronic form to the extent permitted by applicable law.

  5. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties, except that each Indemnified Party shall be a third party beneficiary hereunder and accordingly, shall be entitled to directly enforce and rely upon any provision of these Terms that confers a right or remedy in favor of it.

  6. PeopleLinx may assign or transfer its rights, or delegate any performance, under these Terms to a third party in its sole discretion. You may not assign or otherwise transfer your rights, or delegate your performance, under these Terms to any third party without in each and every case, PeopleLinx's express prior written consent.

  7. PeopleLinx will not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of the common enemy, earthquake, fire, flood or other acts of God, the elements, epidemics, labor conditions, power failures, and Internet disturbances.

  8. PeopleLinx may take any legal action against you to enforce these Terms or to prevent the breach of these Terms, including, without limitation, seeking equitable remedies or using technical means at its disposal. In addition to any other legal, equitable or technical rights and remedies that it may have, PeopleLinx may without limitation, immediately terminate or suspend your use of the Service and access to your Content, if PeopleLinx believes in its sole discretion that you are violating these Terms, or that you intend to do so.

  9. PeopleLinx may add to, change or remove any part, term or condition of these Terms or Privacy Policy at any time without prior notice to you. It is your responsibility to check these Terms and Privacy Policy periodically for changes. By continuing to use the Service, you are indicating your acceptance of such changes. However, we will provide written notice to you of any significant changes to these Terms or Privacy Policy (including notices posted on the Site or sent to your registered e-mail address).

  10. You may not access the Service if you are a direct competitor of PeopleLinx, except with our prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.