Effective Date / Date of Last Revision: October 14, 2022

 

1. WHO WE ARE.

TEKLYNX Americas Inc. (“TEKLYNX,” “we,” “our,” or “us”) is the developer and provider of proprietary label and barcode software solutions that are designed to streamline supply chains across the globe. TEKLYNX offers both downloadable software solutions, as well as proprietary solutions offered on a subscription basis. TEKLYNX maintains a publicly available website at https://shop.teklynx.com (“Site”) where companies and individuals may obtain more information about TEKLYNX’s products and services, and may access TEKLYNX’s subscription offerings (collectively, “Services”).

 

2. THESE TERMS FORM A BINDING LEGAL AGREEMENT.

These Terms of Use ("Terms of Use"), along with our Privacy Policy (“Privacy Policy”), constitutes a legally binding agreement between you and TEKLYNX. Please read the Terms of Use and Privacy Policy carefully. Your access to and use of our Site and Services is subject to these Terms of Use, the Privacy Policy and all applicable laws. By accessing and using our Site and/or our Services in any manner, you agree to be bound by these Terms of Use. If you do not agree to adhere to these Terms of Use or the Privacy Policy, then you may not use our Site or Services.

We reserve the right to change these Terms of Use and our Privacy Policy. We may also change, suspend, or end access to all or any part of the Site and Services at any time, in our discretion.

 

3. FULFILLMENT POLICY.

• Refund policy - Purchases on the TEKLYNX Americas eCommerce Storefront are non-refundable and returns are not accepted. Because full versions of the TEKLYNX software are available for free download and evaluation for 30 days, prospective buyers should be able to evaluate the product and ensure that their needs are met before purchasing. If you are unsure what product is best for you, we highly recommend you contact TEKLYNX to speak to a representative or to leverage our free 30-day trial to try before you buy.
• Delivery policy - All licenses and agreements purchased on the TEKLYNX Americas eCommerce Storefront will be delivered via email within 30 minutes of successful payment.
• Return policy - Purchases on the TEKLYNX Americas eCommerce Storefront are non-refundable and returns are not accepted. Because full versions of the TEKLYNX software are available for free download and evaluation for 30 days, prospective buyers should be able to evaluate the product and ensure that their needs are met before purchasing. If you are unsure what product is best for you, we highly recommend you contact TEKLYNX to speak to a representative or to leverage our free 30-day trial to try before you buy.
• Cancellation policy - Licenses and agreements may be purchased in 1-, 3-, or 5-year terms. Licenses and agreements are non-cancellable during the term. Renewal is not automatic and non-renewal will be considered cancellation.

 

4. YOUR REPRESENTATIONS.

BY USING AND/OR ACCESSING ANY PART OF OUR SITE OR SERVICES, YOU UNCONDITIONALLY AND EXPRESSLY ACKNOWLEDGE, REPRESENT AND AGREE THAT YOU: (A) ARE OVER 18 YEARS OF AGE; (B) HAVE READ AND UNDERSTAND THESE TERMS OF USE AND THE PRIVACY POLICY; (C) UNDERSTAND THAT YOU ARE BOUND BY THESE TERMS OF USE AND THE PRIVACY POLICY; AND (D) WILL COMPLY WITH THESE TERMS OF USE, THE PRIVACY POLICY AND ANY APPLICABLE LAWS AND REGULATIONS.

 

5. LICENSE TO USE THE SITE AND SERVICES.

Subject to these Terms of Use and the Privacy Policy, TEKLYNX grants you a limited, non-transferable license to access and use the functionality, features, content and information provided through our Site and/or Services for the purposes of obtaining information about and accessing our products and Services. You may not use the Site or Services for any other purpose without first obtaining written permission from TEKLYNX.

 

6. OWNERSHIP RIGHTS.

You expressly acknowledge and agree that TEKLYNX and its content providers own all content, trademarks, copyrights and other intellectual property located on and related to the Site and Services.

 

7. ACCOUNT REGISTRATION.

To access and use certain portions of our Site and Services, you will be required to set up an account. During registration, you will be required to provide certain personal data, such as your name, contact information, and preferences. You will be solely responsible for the accuracy of all information you provide to us. You will also be solely responsible for the security of your account credentials and any activity (whether authorized or unauthorized) that takes place through your account. You agree to notify us immediately of any unauthorized uses of your account or any other breach of security. You agree not to submit false information to us or anyone else through the Site or Services. By creating an account on the Site, you consent to receive periodic communication from us.

 

8. NOT INTENDED FOR INDIVIDUALS UNDER EIGHTEEN.

THE SITE AND SERVICES ARE DESIGNED FOR USE BY INDIVIDUALS AGED EIGHTEEN (18) AND OLDER. IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOU MAY NOT USE THE SITE. IF YOU ARE UNDER 18 AND WOULD LIKE TO USE THIS SITE, WE WILL NEED TO OBTAIN PARENTAL CONSENT FROM YOUR PARENT OR LEGAL GUARDIAN. TO PROVIDE SUCH CONSENT, PLEASE HAVE YOUR PARENT/GUARDIAN CONTACT US SO WE CAN DISCUSS FURTHER. IF YOU HAVE KNOWLEDGE OF ANYONE USING THE SITE THAT IS UNDER 18 YEARS OLD, PLEASE NOTIFY US.

 

9. YOUR OBLIGATIONS TO US.

In exchange for use of the Site and/or any Services, you represent the following:

• You are at least 18 years of age.
• You agree not to create false accounts or to provide false information. You represent and warrant that the contact information and account information you provide is truthful at the time you provide it.
• The security of your account is your responsibility. You agree to choose a strong password and keep it private to you. You’re responsible for any and all activity on your account. If you suspect misuse of your account, please contact us immediately.
• All content and information you provide is owned by you and/or you have the right to provide it to us.
• When using the Site and/or Services, you will obey all applicable federal, state and local laws.
• You will copy information from the Site only for your personal, non-commercial purposes.
• You will not otherwise reproduce, modify, distribute, display or otherwise provide access to the Site, the Service or related content.
• You will not use the Site or the Services in any way that is unlawful or may harm TEKLYNX’s business.
• You will not engage in any of the following activities:
• Using the Site, Services and/or any information or content available through the Site and/or Services in any manner that is not expressly permitted under these Terms of Use.
• Engaging in activity that is unauthorized advertisement or promotion, including unauthorized solicitation of users of the Site and/or Services.
• Collecting personal information of other users of the Site and/or Services without such user's consent.
• Engaging in activity that compromises the Site and/or Services, including (without limitation) hacking, IP attacks or transferring any viruses, malware or harmful code to the Site or other users of the Site or Services.
• Allowing unauthorized access, whether intentionally or unintentionally, to the Site and/or Services.
• Using or submitting any offensive, threatening or defamatory language.
• Interfering or attempting to interfere with the proper working of the Site and/or Services; or
• Bypassing measures used to prevent or restrict access to the Site and/or Services, violating or attempting to violate the security or authentication measures of the system, or attempting to prove, scan, or test the vulnerability of a system or network without proper written authorization from us.

The license granted to you under these Terms of Use to access and use the Site and Services shall be terminated if you violate any of these restrictions.

 

10. ACCESSIBILITY.

We value all of our users, and it is our goal to provide an excellent experience for all our users, including our users with disabilities. You understand and accept, however, that some of the features of the Site may not be fully accessible because they are provided by third-parties or have errors. If you have comments regarding the accessibility of the Site, or would like to report an issue you are experiencing, please email us at [email protected]. You expressly agree to attempt to work with us in good faith to obtain access to our Site and Services and that you will not threaten or assert any claims regarding accessibility against us unless you have first provided us with notice of the inaccessibility problem(s) and a thirty (30) day period to remedy the problem.

 

11. DISCLAIMERS AND LIMITS ON LIABILITY; WAIVER OF CLASS ACTION RIGHTS.

THE SITE, SERVICES, AND ALL INFORMATION AND CONTENT AVAILABLE THROUGH THE SITE AND/OR SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY IMPLIED OR EXPRESS WARRANTY OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS, ACCESSIBILITY AND NON-INFRINGEMENT). TEKLYNX, ITS AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS (COLLECTIVELY THE "TEKLYNX PARTIES") MAKE NO REPRESENTATION OR WARRANTY REGARDING: (A) THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, ACCESSIBILITY, RESULTS OR PERFORMANCE OF THE SITE AND SERVICES; (B) THE EXISTENCE (OR ABSENCE) OF ANY VIRUS, WORM, MALWARE, MALICIOUS CODE OR OTHER DISABLING DEVICES OR CODE FROM ANY SOURCES; (C) THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION; (D) ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES); OR (E) LOSS, USE OR MISUSE OF YOUR DATA.

YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. YOU AGREE THAT THE TEKLYNX PARTIES ARE NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES. IN NO EVENT SHALL THE TEKLYNX PARTIES' TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES), WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO TEKLYNX FOR THE USE OF THE SITE AND SERVICES WITHIN THE LAST TWELVE MONTHS. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE PROVISIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY TEKLYNX IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST ANY OF THE TEKLYNX PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR AFTER IT ARISES (OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUTES OF LIMITATION) SHALL BE WAIVED AND RELEASED. YOU FURTHER AGREE TO RESOLVE ANY AND ALL CLAIMS AGAINST THE TEKLYNX PARTIES ON AN INDIVIDUAL BASIS AND KNOWINGLY WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION AGAINST THE TEKLYNX PARTIES.

 

12. INDEMNIFICATION.

You agree to indemnify, defend and hold harmless TEKLYNX and its third-party service providers, for any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from: (a) your breach of these Terms of Use; (b) your access or use of the Site and/or Services; (c) your infringement or the infringement of any third-party using your account, of any intellectual property right of another; and (d) any authorized activity through your account.

 

13. THIRD-PARTY LINKS.

The Site may contain links to other third-party websites. Such third-party websites are maintained by persons or organizations over which TEKLYNX exercises no control. TEKLYNX expressly disclaims any responsibility for the content or results from your use of such third-party websites.

 

14. COPYRIGHT COMPLAINTS.

TEKLYNX respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information.

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• Description of the copyrighted work that you claim has been infringed;
• The location of the material that you claim is infringing;
• Your address, telephone number and e-mail address;
• A statement that your claim of infringement is based on a good faith belief; and
• A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our copyright agent for notice of claims of copyright infringement on the Site can be reached at [email protected].

 

15. CONSENT TO RECEIVE ELECTRONIC NOTIFICATIONS.

Electronic communication is the most effective and timely way to provide the users of the Site and/or Services with any optional or required notifications and disclosures. In some circumstances, however, state and/or federal laws may require us to send you disclosures or communications in paper format unless you have affirmatively consented to receiving electronic notifications only in advance of the notification. Through this Agreement, pursuant to 15 U.S.C. § 7001, you hereby affirmatively consent to receive electronic notifications and disclosures from us only (without requiring a paper copy) and you represent that, to date, you have not withdrawn such consent. You have the right to change your mind and withdraw your consent at any time. If you would like to withdraw your consent to receive electronic notifications and/or would like to request a paper copy of any electronic notifications you receive, please contact us at [email protected]. To receive electronic records, you will need access to a smart phone, tablet, laptop or computer with Internet access and either email software (such as Microsoft Outlook) or access to a web-based electronic mail software service, such as Gmail, Yahoo or other electronic mail provider.

 

16. SEVERABILITY.

If any term or provision in these Terms of Use is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms of Use in its entirety and the remainder of these Terms of Use shall survive with the said offending provision eliminated.

 

17. AVAILABILITY.

TEKLYNX CANNOT GUARANTEE THE SITE OR SERVICES WILL BE AVAILABLE OR SECURE 100% OF THE TIME BECAUSE PUBLIC NETWORKS, SUCH AS THE INTERNET, OCCASIONALLY EXPERIENCE DISRUPTIONS AND BECAUSE IT IS HOSTED BY A THIRD-PARTY PROVIDER. ALTHOUGH WE STRIVE TO PROVIDE THE MOST RELIABLE SITE AND SERVICES REASONABLY POSSIBLE, INTERRUPTIONS, THIRD PARTY INTERFERENCE AND DELAYS DO OCCUR. TEKLYNX AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ANY LIABILITY FOR DAMAGES RESULTING FROM SUCH PROBLEMS.

 

18. CONTROLLING LAW AND VENUE.

It is understood and agreed that all the construction and interpretation of these Terms of Use and the relationship between the parties shall at all times and in all respects be governed by the internal laws of the State of Wisconsin, without giving effect to the conflict of laws provisions thereof. The venue of any action brought to enforce or relating to these Terms of Use or arising out of the relationship between the parties shall be brought exclusively in the courts located in Milwaukee, WI.

 

19. FORCE MAJUERE.

TEKLYNX will not be liable for, or be considered to be in breach of or default under these Terms on account of any delay or failure to perform as required by these Terms as a result of any cause or condition beyond TEKLYNX’s reasonable control, so long as it uses all commercially reasonable efforts to avoid or remove such causes of non-performance or delay.

 

20. QUESTIONS.

We hope that you will share with us any comments, questions or suggestions you might have regarding the information practices described in this policy. If you have any questions about us, the Site, the Services, our Privacy Policy, or these Terms of Use, you may contact us at:

 

TEKLYNX Americas Inc.

501 W. Northshore Drive, Suite H-380

Glendale, WI 53217

Attn: Marketing Team

[email protected]

 

TEKLYNX End User License Agreement