pala•linq Terms & Conditions

Effective Date: May 31, 2016
Version 1.3

BY USING OUR SERVICES, YOU AGREE TO FOLLOW THE RULES OUTLINED IN THESE “TERMS OF SERVICE,” SO PLEASE READ THESE RULES BEFORE YOU BEGIN. THIS DOCUMENT WILL EXPLAIN WHAT IS EXPECTED OF YOU IN ORDER TO USE THE pala-linq SERVICES, AND ALSO WHAT YOU CAN EXPECT FROM pala-linq.

The pala-linq websites (collectively, the “Website”), all other products and services, including mobile applications, owned, controlled or offered by pala-linq, and all content offered as part thereof, are collectively referred to herein as the “Services.” Subscribers, account holders, customers, users, and others who download, access, use, and/or subscribe to the Services (the “User” or “you”) are required to agree to the following terms and conditions (the “Terms of Service”). Your use of the Services constitutes your acceptance of and agreement to all of the terms and conditions in both the Terms of Service and the Privacy Policy. The Terms of Service govern your use of the Services and are a condition to your use of the Services.

IF YOU OBJECT TO ANYTHING IN THESE TERMS OF SERVICE OR IN THE PRIVACY POLICY, YOU SHOULD NOT USE THE SERVICES.

By using the service, you are agreeing to the content of these Terms of Service, and the content of our Privacy Policy. When you use our Services, you are acknowledging that you have read, understood, and agree to be bound by all the terms, conditions, consents and disclosures set forth in the terms of service, the privacy policy, the applicable guidelines set forth on the website, and the applicable end user license agreement (if any) for any mobile apps you download. If you do not agree to the terms of service, the privacy policy, the applicable guidelines and/or the applicable end user license agreement (if any), you must stop using the Services immediately.

If there are any parts of these conditions or aspects of our policies that you cannot understand or wish to clarify, please send your questions to privacy@pala-linq.com.

WHO CAN USE THESE SERVICES?

pala-linq Services are currently available only for individuals aged 13 years or older. BY USING OR ACCESSING THE SERVICES, YOU ARE AFFIRMING THAT YOU ARE AGED 13 OR OLDER. Please be advised that pala-linq is not responsible for misuse or violations of these terms resulting from misrepresentation of age, location or any other user dependent content.

MEDICAL DISCLAIMER: NEITHER pala-linq NOR THE SERVICES PROVIDED BY pala-linq CONSTITUTE MEDICAL ADVICE.

The content of the Services, such as text, graphics, images, information obtained from users of the services, licensors, and other material contained on the Services (the “Content”) are for informational and educational purposes only. The Content is not a replacement for medical treatment, cannot provide a diagnosis, and is not intended to be a substitute for professional medical advice. Always seek the advice of your physician or other qualified health provider with any question you may have regarding a medical condition. pala-linq is not responsible for consequences that arise as a result of your reliance on content of the Services.

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

Never disregard, avoid, or delay in obtaining medical advice from a qualified healthcare provider based on information obtained through the Services. pala-linq Services DO NOT provide medical advice. Reliance on any information provided by pala-linq, its employees, partners, or other users of the Services is solely at your own risk. pala-linq does not recommend or endorse any specific test, facility, provider, product, procedure, opinion, or other information that may be mentioned on the services.

MODIFICATION OF TERMS OF SERVICE AND/OR SERVICES

pala-linq works to reflect the most up to date practices for guidelines and policies, and as we evolve, we hope to keep you aware of those developments. pala-linq reserves the right, in its sole discretion, to modify these Terms of Service at any time and without prior notice.

If pala-linq amends these Terms of Service, it will update this posting on the Website and specify the effective date of the new version of the Terms of Service. If you have provided us with an email address, you will be notified through the email provided. Your continued use of the Services following the posting of a new version of the Terms of Service constitutes your consent to the amended terms. Your acceptance of the Terms is not contingent on your receipt of notification. Accordingly, you should check to see if a new version of the Terms of Service has been posted each time you use the Services. If the amended Terms of Service are not acceptable to you, you should not continue to use the Services.

PRIVACY

Your privacy is very important to us. Please refer to the Privacy Policy to learn about how pala-linq collects, uses and protects your information in connection with our Services.

YOUR ACCOUNT

In order to use certain features of the Services, you must register and create an account with pala-linq (your “Account”). You are responsible for maintaining the confidentiality of any passwords associated with your Account, monitoring all activity under the Account, and you assume full responsibility for all activities that occur under your Account. pala-linq reserves the right to suspend or terminate your Account at any time, for any reason, and shall incur no liability for such suspension or termination. If you believe that your password or your account security has been compromised, contact us immediately at privacy@pala-linq.com. pala-linq is not responsible for any disruptions or terminations of service arising from your failure to notify us of unauthorized activity.

YOUR RESPONSIBILITY: YOU MUST FOLLOW THESE GUIDELINES IN ORDER TO USE OUR SERVICES.

When you subscribe to pala-linq, or access any of the Services or affiliate Services, you are agreeing that you will abide by the guidelines for appropriate use of the Services, outlined below.

By using the Services, you agree not to post, upload, publish, submit or transmit any information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).

We respect the safety and privacy of all our users. pala-linq has a zero tolerance policy for abusive behavior. As a subscriber of pala-linq, you must refrain from the following prohibited activities:

  • Bullying, name-calling or other aggressive behaviors
  • Unwanted contact, stalking, or harassment of other users
  • Collection or storage of any personally identifiable information from the Services from other Users without their express prior permission
  • Collection of personal data about other Users for unlawful purposes
  • Collection of Personal Data about Users under 13, for any purpose.

pala-linq is not a substitute for Medical, Legal, or other professional advice. Please do not:

  • Provide Users with medical, counseling, legal or other professional services or advice.
  • Impersonate or misrepresent your affiliation with any person or entity
  • Use pala-linq Services or related forums to disseminate professional information or services.

pala-linq is for personal, non-commercial use only. The following actions are prohibited:

  • Use of the services to send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation
  • make unsolicited contact with anyone for any commercial purpose
  • Use of the Services for any commercial purpose or the benefit of any third party or in any manner not explicitly permitted by the Terms of Service
  • Dissemination of advertisements or other irrelevant content
  • Repetitive posts, or multiple posts containing the same or similar content
  • Collection of personal data about other Users for commercial purposes.

pala-linq services may not be used to compromise our security. It is not permitted to use the Services to:

  • Access, tamper with, or use non-public areas of the Website, pala-linq computer systems, or the technical delivery systems of pala-linq providers
  • Attempt to probe, scan, or test the vulnerability of any pala-linq system or network or breach any security or authentication measures
  • Avoid, bypass, remove, deactivate, impair or otherwise circumvent any technological measure or measures implemented by pala-linq or any of pala-linq’s providers or any other third party (including other Users) to protect the Services
  • Attempt to access or search the pala-linq Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than tools that access or search the
  • Services through software and/or search agents provided by pala-linq or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera)
  • Misrepresent yourself as an affiliate or representative of pala-linq
  • Use any meta tags or other hidden text or metadata utilizing a pala-linq trademark, logo, URL or product name
  • Forge any network packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services
  • Interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website.

pala-linq Users should be aware that laws and regulations may vary throughout different countries and states. Users are responsible for understanding and obeying all relevant local laws and regulations. The pala-linq services MAY NOT be used to:

  • Violate any applicable law or regulation
  • Circumvent legal, medical, or court ordered restrictions on contact, consumption, proximity or other behaviors.

LAW ENFORCEMENT:

pala-linq WILL COOPERATE WITH RELEVANT AGENCIES TO ENFORCE THESE RULES.

pala-linq reserves the right to investigate and prosecute all of the above without restriction, especially those behaviors that jeopardize the safety or security of our subscribers. pala-linq RESERVES THE RIGHT TO COOPERATE WITH ANY APPLICABLE LAW ENFORCEMENT AGENCY IN CONJUNCTION WITH THE VIOLATION OF ANY OF THE ABOVE CONDITIONS, including providing medical, counseling, legal or other professional advice, intellectual property rights infringement and Services security issues, to the fullest extent of the law. pala-linq has the right to monitor your access to or use of the Services for the purpose of operating the Services, ensuring compliance with the Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. This right is exercised for the purposes of protecting our users and ensuring privacy, but this right DOES NOT constitute an obligation on the part of pala-linq to monitor the Services for unauthorized use. pala-linq reserves the right, at any time and without prior notice, to remove or disable access to any Content. pala-linq exercises sole discretion over the administration of content, and will exercise sole determination over what is considered a violation of the Terms of Service.

JURISDICTION:

This Policy and all matters relating to your access to, and use of, the Services will be governed by the laws of the United States of America without regard to conflict of laws. Any dispute arising out of or relating to this Policy or your access or use of the pala-linq Services shall be subject to the exclusive jurisdiction of the federal courts located in the United States of America, and you hereby submit to the personal jurisdiction of such courts. If any provision in this Policy is held invalid or unenforceable, that provision shall be construed in a manner consistent with the applicable law to reflect the original intent of the provision, and the remaining provisions of this Policy shall continue in full force and effect.

PLEASE BE AWARE THAT AS STATE, PROVINCE AND LOCAL LAWS MAY VARY, YOUR ACTIVITY LOG MAY NOT REMAIN CONFIDENTIAL IF STORED ON YOUR LOCAL DEVICE. IF YOU ARE REPORTING BEHAVIOR THAT VIOLATES A LOCAL ORDINANCE OR LAW, pala-linq CANNOT BE RESPONSIBLE FOR THE CONSEQUENCES OF DISPARATE PRIVACY, CONFIDENTIALITY, OR OTHER LAWS OR POLICIES.

PROPRIETARY RIGHTS:

The Service is owned and operated exclusively by pala-linq. The pala-linq Software, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including, but not limited to, the mobile device applications, and all other elements of the Service (collectively, the “Content”) are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except as expressly provided in the Terms of Service, pala-linq and its licensors exclusively own or control all right, title, and interest in and to the Services, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, or other proprietary rights notices incorporated in or accompanying the Services. Except as expressly authorized by pala-linq under this Agreement, you may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Content.

USER SUBMISSIONS AND CONTENT: WE WILL USE THE INFORMATION THAT YOU GIVE US.

In addition to the rights granted by supplementary EULA you may have signed (such as those required by your service provider, or those require to download content from your application store), you give pala-linq permission to use any content submitted by you to the Services (“User Submissions”) or generated through your use of an Application (“User Content”) for the following purposes and any purpose reasonably related thereto, as determined by pala-linq in its sole discretion: (1) to administer, maintain, update, improve, test, access and use the Services; (2) as may be necessary to obtain the assistance of third parties to administer, maintain, update, improve, test, access and use the Services; (3) as may be necessary to effect any business transition with pala-linq or our affiliates, whether of corporate status, management or otherwise; and (4) to comply with any applicable law or governmental request. In addition, you give pala-linq permission to transmit content to third parties in connection with the administration, maintenance, revision, improvement, testing, accessing and use of any Applications.

YOU AGREE TO LET US USE ANY AND ALL CONTENT YOU SUBMIT.

By submitting content to pala-linq, You hereby grant, and you represent and warrant that you have the right to grant, to pala-linq the nonexclusive, royalty-free, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Submissions, and to grant sublicenses of the foregoing, solely for the purposes of including your User Submissions in the Service. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions. You also hereby grant to pala-linq, in connection with a sale of pala-linq or the assets of pala-linq, the right to sell or transfer the User Submissions to a third party.

WE ARE NOT RESPONSIBLE FOR THE CONTENT SUBMITTED BY USERS.

pala-linq does not verify the accuracy or authenticity of any User Content or User Submissions, and makes no representations or warranties with respect to any User Content. You acknowledge that pala-linq has the right, but does not have any obligation, to monitor user content for any purpose. You acknowledge that you are solely responsible for all content and material that you provide to the Service.

THIRD PARTY SITES / LINKS / REWARDS:

WE ARE NOT RESPONSIBLE FOR THE BEHAVIOR OF OUR AFFILIATES.

To provide our subscribers with continued support and motivation, we have partnered with a diverse group of affiliates who will offer you incentives and rewards to stay on track and meet your goals. In order to redeem these rewards, you will need to complete certain transactions with these third party entities. We do not allow these third parties access to your personally identifying information without your permission. pala-linq does not endorse or promote any particular service, policy, affiliation or activity of our third parties, and the user is responsible for reviewing the policies and practices of third parties, as pala-linq Terms and Policies are not extensible to affiliate entities.

Transactions with third parties found on or accessible through the Services exist solely between you and such third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. Content provided by third parties, such as links or promotions are accessed exclusively at your own risk.

pala-linq retains no obligations for involvement in disputes between Users and Third Parties arising from any transaction conducted through the Services. By agreeing to the Terms of Use, you agree to release pala-linq, its employees and contractors from claims, damages and demands that arise from such disputes.

You are not required to make any transactions with third parties in order to continue using pala-linq Services. Your participation in any offers, services, or transactions with third parties will not affect your use of the pala-linq services, unless such activity is determined to constitute a violation of the Terms.

LOCATION DATA ARE NOT INTENDED TO BE USED FOR NAVIGATION.

The service are intended only as personal, location-based services for individual use and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other application in which the failure or inaccuracy of that application or the service could lead directly to death, personal injury, or severe physical or property damage. Neither pala-linq nor the services it provides are suited or intended for business or enterprise use. pala-linq is not responsible for any outcomes associated with the availability, functionality, or improper use of the location services.

INDEMNIFICATION: YOU AGREE NOT TO HOLD US RESPONSIBLE FOR YOUR ACTIONS OR THE ACTIONS OF OTHER USERS.

You agree to indemnify and hold harmless pala-linq, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys’ fees) directly or indirectly related to (1) your breach of the Terms of Service; (2) User Content that you provide, create, submit, post, or transmit through the Services or offline; (3) your use of the Services, or (4) transaction or interaction with any other User, including but not limited to injuries, losses, or damages (compensatory, direct, incidental or otherwise) of any kind arising in connection with or as a result of those interactions.

FINAL MEDICAL DISCLAIMER:

THE CONTENT AVAILABLE VIA THE SERVICES IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER pala-linq NOR ITS AFFILIATES OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, ACCOUNTING OR OTHER PROFESSIONAL SERVICES OR ADVICE. SUCH CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL, COUNSELING, LEGAL, ACCOUNTING, HEALTHCARE OR OTHER PROFESSIONAL ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND/OR SERVICES FROM ANY QUALIFIED HEALTHCARE PROVIDER, ATTORNEY, ACCOUNTANT OR OTHER PROFESSIONAL ADVISOR FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN, QUALIFIED HEALTHCARE PROVIDER, ATTORNEY, ACCOUNTANT OR OTHER PROFESSIONAL ADVISOR REGARDING ANY QUESTION OR CONCERNS YOU ENCOUNTER THAT REQUIRE PROFESSIONAL ADVICE. DO NOT DELAY SEEKING MEDICAL TREATMENT AS A RESULT OF INFORMATION YOU MAY ENCOUNTER BY YOUR USE OF THE SERVICES.