Terms & Conditions

1. Agreement to Terms

These Terms of Use constitute a legally binding agreementmade between you, whether personally or on behalf of an entity (“you”) and LynksCapital, LLC (“Company,” “we,” “us,” or “our”),concerning your access to and use of the www.lynkscapital.com website aswell as any other media form, media channel, mobile website or mobileapplication related, linked, or otherwise connected thereto (collectively, the“Site”). You agree that by accessing the Site, you have read, understood, andagreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALLOF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITEAND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may beposted on the Site from time to time are hereby expressly incorporated hereinby reference. We reserve the right, in our sole discretion, to make changes ormodifications to these Terms of Use at any time and for any reason. We willalert you about any changes by updating the “Last updated” date of these Termsof Use, and you waive any right to receive specific notice of each such change.Please ensure that you check the applicable Terms every time you use our Siteso that you understand which Terms apply. You will be subject to, and will bedeemed to have been made aware of and to have accepted, the changes in anyrevised Terms of Use by your continued use of the Site after the date suchrevised Terms of Use are posted.

The information provided on the Site is not intended fordistribution to or use by any person or entity in any jurisdiction or countrywhere such distribution or use would be contrary to law or regulation or whichwould subject us to any registration requirement within such jurisdiction orcountry. Accordingly, those persons who choose to access the Site from otherlocations do so on their own initiative and are solely responsible forcompliance with local laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specificregulations (Health Insurance Portability and Accountability Act (HIPAA),Federal Information Security Management Act (FISMA), etc.), so if yourinteractions would be subjected to such laws, you may not use this Site. Youmay not use the Site in a way that would violate the Gramm-Leach-Bliley Act(GLBA).

The Site is intended for users who are at least 18 yearsold. Persons under the age of 18 are not permitted to use or register for theSite.

2. Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietaryproperty and all source code, databases, functionality, software, websitedesigns, audio, video, text, photographs, and graphics on the Site(collectively, the “Content”) and the trademarks, service marks, and logoscontained therein (the “Marks”) are owned or controlled by us or licensed tous, and are protected by copyright and trademark laws and various otherintellectual property rights and unfair competition laws of the United States,international copyright laws, and international conventions. The Content andthe Marks are provided on the Site “AS IS” for your information and personaluse only. Except as expressly provided in these Terms of Use, no part of theSite and no Content or Marks may be copied, reproduced, aggregated,republished, uploaded, posted, publicly displayed, encoded, translated,transmitted, distributed, sold, licensed, or otherwise exploited for anycommercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you aregranted a limited license to access and use the Site and to download or print acopy of any portion of the Content to which you have properly gained accesssolely for your personal, non-commercial use. We reserve all rights notexpressly granted to you in and to the Site, the Content and the Marks.

3. User Representations

By using the Site, you represent and warrant that:

You have the legal capacity and you agree to comply with these Terms of Use;
You are not a minor in the jurisdiction in which you reside;
You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
You will not use the Site for any illegal or unauthorized purpose;
Your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate,not current, or incomplete, we have the right to suspend or terminate youraccount and refuse any and all current or future use of the Site (or anyportion thereof).

4. Prohibited Activities

You may not access or use the Site for any purpose otherthan that for which we make the Site available. The Site may not be used inconnection with any commercial endeavors except those that are specificallyendorsed or approved by us.

As a user of the Site, you agree not to:

Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Site in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Site.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Site.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

5. User Generated Contributions

The Site does not offer users to submit or post content. Wemay provide you with the opportunity to create, submit, post, display,transmit, perform, publish, distribute, or broadcast content and materials tous or on the Site, including but not limited to text, writings, video, audio,photographs, graphics, comments, suggestions, or personal information or othermaterial (collectively, “Contributions”). Contributions may be viewable byother users of the Site and through third-party websites. As such, any Contributionsyou transmit may be treated in accordance with the Site Privacy Policy. Whenyou create or make available any Contributions, you thereby represent andwarrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violatesthese Terms of Use and may result in, among other things, termination orsuspension of your rights to use the Site.

6. Contribution License

You and the Site agree that we may access, store, process,and use any information and personal data that you provide following the termsof the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding theSite, you agree that we can use and share such feedback for any purpose withoutcompensation to you.

We do not assert any ownership over your Contributions. Youretain full ownership of all of your Contributions and any intellectualproperty rights or other proprietary rights associated with your Contributions.We are not liable for any statements or representations in your Contributionsprovided by you in any area on the Site. You are solely responsible for yourContributions to the Site and you expressly agree to exonerate us from any andall responsibility and to refrain from any legal action against us regardingyour Contributions.

7. Submissions

You acknowledge and agree that any questions, comments,suggestions, ideas, feedback, or other information regarding the Site(“Submissions”) provided by you to us are non-confidential and shall become oursole property. We shall own exclusive rights, including all intellectualproperty rights, and shall be entitled to the unrestricted use anddissemination of these Submissions for any lawful purpose, commercial orotherwise, without acknowledgment or compensation to you. You hereby waive allmoral rights to any such Submissions, and you hereby warrant that any suchSubmissions are original with you or that you have the right to submit suchSubmissions. You agree there shall be no recourse against us for any alleged oractual infringement or misappropriation of any proprietary right in yourSubmissions.

8. Third-party Website And Content

The Site may contain (or you may be sent via the Site) linksto other websites (“Third-Party Websites”) as well as articles, photographs,text, graphics, pictures, designs, music, sound, video, information,applications, software, and other content or items belonging to or originatingfrom third parties (“Third-Party Content”). Such Third-Party Websites andThird-Party Content are not investigated, monitored, or checked for accuracy,appropriateness, or completeness by us, and we are not responsible for anyThird-Party Websites accessed through the Site or any Third-Party Contentposted on, available through, or installed from the Site, including thecontent, accuracy, offensiveness, opinions, reliability, privacy practices, orother policies of or contained in the Third-Party Websites or the Third-PartyContent. Inclusion of, linking to, or permitting the use or installation of anyThird-Party Websites or any Third-Party Content does not imply approval orendorsement thereof by us. If you decide to leave the Site and access theThird-Party Websites or to use or install any Third-Party Content, you do so atyour own risk, and you should be aware these Terms of Use no longer govern. Youshould review the applicable terms and policies, including privacy and datagathering practices, of any website to which you navigate from the Site orrelating to any applications you use or install from the Site. Any purchasesyou make through Third-Party Websites will be through other websites and fromother companies, and we take no responsibility whatsoever in relation to suchpurchases which are exclusively between you and the applicable third party. Youagree and acknowledge that we do not endorse the products or services offeredon Third-Party Websites and you shall hold us harmless from any harm caused byyour purchase of such products or services. Additionally, you shall hold usharmless from any losses sustained by you or harm caused to you relating to orresulting in any way from any Third-Party Content or any contact withThird-Party Websites.

9. Site Management

We reserve the right, but not the obligation, to:

Monitor the Site for violations of these Terms of Use;
Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

10. Privacy Policy

We care about data privacy and security. Please review ourPrivacy Policy: www.lynkscapital.com/privacypolicy By using the Site, youagree to be bound by our Privacy Policy, which is incorporated into these Termsof Use. Please be advised the Site is hosted in the United States. If youaccess the Site from any other region of the world with laws or other requirementsgoverning personal data collection, use, or disclosure that differ fromapplicable laws in the United States, then through your continued use of theSite, you are transferring your data to the United States, and you agree tohave your data transferred to and processed in the United States.

11. Term And Termination

These Terms of Use shall remain in full force and effectwhile you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OFUSE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE ORLIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IPADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUTLIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED INTHESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATEYOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THATYOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, youare prohibited from registering and creating a new account under your name, afake or borrowed name, or the name of any third party, even if you may beacting on behalf of the third party. In addition to terminating or suspendingyour account, we reserve the right to take appropriate legal action, includingwithout limitation pursuing civil, criminal, and injunctive redress.

12. Modifications and Interruptions

We reserve the right to change, modify, or remove thecontents of the Site at any time or for any reason at our sole discretionwithout notice. However, we have no obligation to update any information on ourSite. We also reserve the right to modify or discontinue all or part of theSite without notice at any time. We will not be liable to you or any thirdparty for any modification, price change, suspension, or discontinuance of theSite.

We cannot guarantee the Site will be available at all times.We may experience hardware, software, or other problems or need to performmaintenance related to the Site, resulting in interruptions, delays, or errors.We reserve the right to change, revise, update, suspend, discontinue, orotherwise modify the Site at any time or for any reason without notice to you.You agree that we have no liability whatsoever for any loss, damage, orinconvenience caused by your inability to access or use the Site during anydowntime or discontinuance of the Site. Nothing in these Terms of Use will beconstrued to obligate us to maintain and support the Site or to supply anycorrections, updates, or releases in connection therewith.

13. Governing Law

These Terms of Use and your use of the Site are governed byand construed in accordance with the laws of the State of New York applicableto agreements made and to be entirely performed within the State of New York,without regard to its conflict of law principles.

14. Dispute Resolution

Any legal action of whatever nature brought by either you orus (collectively, the “Parties” and individually, a “Party”) shall be commencedor prosecuted in the state and federal courts located in NY, New York, and theParties hereby consent to, and waive all defenses of lack of personaljurisdiction and forum non conveniens with respect to venue and jurisdiction insuch state and federal courts. Application of the United Nations Convention onContracts for the International Sale of Goods and the Uniform ComputerInformation Transaction Act (UCITA) are excluded from these Terms of Use. In noevent shall any claim, action, or proceeding brought by either Party related inany way to the Site be commenced more than one (1) years after the cause ofaction arose.

15. Corrections

There may be information on the Site that containstypographical errors, inaccuracies, or omissions, including descriptions,pricing, availability, and various other information. We reserve the right tocorrect any errors, inaccuracies, or omissions and to change or update theinformation on the Site at any time, without prior notice.

16. Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOUAGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TOTHE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS ORIMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUTLIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUTTHE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANYWEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITYFOR ANY

ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE,
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR
ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

17. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTSBE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE,EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOUFOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALLTIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATELAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES ORTHE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, ANDYOU MAY HAVE ADDITIONAL RIGHTS.

18. Indemnification

You agree to defend, indemnify, and hold us harmless,including our subsidiaries, affiliates, and all of our respective officers,agents, partners, and employees, from and against any loss, damage, liability,claim, or demand, including reasonable attorneys’ fees and expenses, made byany third party due to or arising out of:

Use of the Site;
Breach of these Terms of Use;
Any breach of your representations and warranties set forth in these Terms of Use;
Your violation of the rights of a third party, including but not limited to intellectual property rights;
Any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at yourexpense, to assume the exclusive defense and control of any matter for whichyou are required to indemnify us, and you agree to cooperate, at your expense,with our defense of such claims. We will use reasonable efforts to notify youof any such claim, action, or proceeding which is subject to thisindemnification upon becoming aware of it.

19. User Data

We will maintain certain data that you transmit to the Sitefor the purpose of managing the performance of the Site, as well as datarelating to your use of the Site. Although we perform regular routine backupsof data, you are solely responsible for all data that you transmit or thatrelates to any activity you have undertaken using the Site. You agree that weshall have no liability to you for any loss or corruption of any such data, andyou hereby waive any right of action against us arising from any such loss orcorruption of such data.

20. Electronic Communications, Transactions, andSignatures

Visiting the Site, sending us emails, and completing onlineforms constitute electronic communications. You consent to receive electroniccommunications, and you agree that all agreements, notices, disclosures, andother communications we provide to you electronically, via email and on theSite, satisfy any legal requirement that such communication be in writing. YOUHEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHERRECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OFTRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive anyrights or requirements under any statutes, regulations, rules, ordinances, orother laws in any jurisdiction which require an original signature or deliveryor retention of non-electronic records, or to payments or the granting ofcredits by any means other than electronic means.

21. Miscellaneous

These Terms of Use and any policies or operating rulesposted by us on the Site or in respect to the Site constitute the entireagreement and understanding between you and us. Our failure to exercise orenforce any right or provision of these Terms of Use shall not operate as awaiver of such right or provision. These Terms of Use operate to the fullestextent permissible by law. We may assign any or all of our rights andobligations to others at any time. We shall not be responsible or liable forany loss, damage, delay, or failure to act caused by any cause beyond ourreasonable control. If any provision or part of a provision of these Terms ofUse is determined to be unlawful, void, or unenforceable, that provision orpart of the provision is deemed severable from these Terms of Use and does notaffect the validity and enforceability of any remaining provisions. There is nojoint venture, partnership, employment or agency relationship created betweenyou and us as a result of these Terms of Use or use of the Site. You agree thatthese Terms of Use will not be construed against us by virtue of having draftedthem. You hereby waive any and all defenses you may have based on theelectronic form of these Terms of Use and the lack of signing by the partieshereto to execute these Terms of Use.

22. Contact Us

In order to resolve a complaint regarding the Site or toreceive further information regarding use of the Site, please contact us at:

Lynks Capital, LLC
155 US46 Wayne NJ, Suite 100
Wayne, NJ, 07470
United States

Phone: 862.375.9002
Email: Info@lynkscapital.com