1. User's Acknowledgment and Acceptance of Terms
Smart Pelican Technologies Group, LLC ("Us" or "We") provides the www.anytimelink.com site
and various related services (collectively, the "site") to you, the user, subject to your
compliance with all the terms, conditions, and notices contained or referenced herein
(the "Terms of Use"), as well as any other written agreement between us and you. In addition,
when using particular services or materials on this site, users shall be subject to any posted
rules applicable to such services or materials that may contain terms and conditions in addition
to those in these Terms of Use. All such guidelines or rules are hereby incorporated by
reference into these Terms of Use.
By using this site, you agree to be bound by these terms of use. If you do not wish to be bound
by the these terms of use, please exit the site now. Your remedy for dissatisfaction with this
site, or any products, services, content, or other information available on or through this
site, is to stop using the site and/or those particular products or services. Your agreement
with us regarding compliance with these terms of use becomes effective immediately upon
commencement of your use of this site.
These Terms of Use are effective as of August 01, 2016. We expressly reserve the right to change
these Terms of Use from time to time without notice to you. You acknowledge and agree that it
is your responsibility to review this site and these Terms of Use from time to time and to
familiarize yourself with any modifications. Your continued use of this site after such
modifications will constitute acknowledgement of the modified Terms of Use and agreement to
abide and be bound by the modified Terms of Use.
As used in these Terms of Use, references to our "Affiliates" include our owners, subsidiaries,
affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and
includes (without limitation) all parties involved in creating, producing, and/or delivering
this site and/or its contents.
2. Description of Services
We make various services available on this site including, but not limited to, software
development services, consulting, reviews, and other like services. You are responsible for
providing, at your own expense, all equipment necessary to use the services, including
a computer, modem, and Internet access (including payment of all fees associated with
such access).
We reserve the sole right to either modify or discontinue the site, including any of the site’s
features, at any time with or without notice to you. We will not be liable to you or any third
party should we exercise such right. Any new features that augment or enhance the then-current
services on this site shall also be subject to these Terms of Use.
3. Registration Data and Privacy
In order to access some of the services on this site, you will be required to use an account
and password that can be obtained by completing our online registration form, which requests
certain information and data ("Registration Data"), and maintaining and updating your
Registration Data as required. By registering, you agree that all information provided in the
Registration Data is true and accurate and that you will maintain and update this information
as required in order to keep it current, complete, and accurate. You must be over the age of
13 to register.
You also grant us the right to disclose to third parties certain Registration Data about you.
The information we obtain through your use of this site, including your Registration Data,
is subject to our Privacy Policy, which is specifically incorporated by reference into these
Terms of Use.
4. Conduct on Site
Your use of the site is subject to all applicable laws and regulations, and you are solely
responsible for the substance of your communications through the site. By posting information
in or otherwise using any communications service, chat room, message board, newsgroup, software
library, or other interactive service that may be available to you on or through this site,
you agree that you will not upload, share, post, or otherwise distribute or facilitate
distribution of any content -- including text, communications, software, images, sounds,
data, or other information -- that:
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is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive,
fraudulent, invasive of another’s privacy, tortuous, contains explicit or graphic
descriptions or accounts of sexual acts (including but not limited to sexual language
of a violent or threatening nature directed at another individual or group of
individuals), or otherwise violates our rules or policies;
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victimizes, harasses, degrades, or intimidates an individual or group of individuals
on the basis of religion, gender, sexual orientation, race, ethnicity, age,
or disability;
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infringes on any patent, trademark, trade secret, copyright, right of publicity,
or other proprietary right of any party;
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constitutes unauthorized or unsolicited advertising, junk or bulk email (also known
as "spamming"), chain letters, any other form of unauthorized solicitation, or any
form of lottery or gambling;
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contains software viruses or any other computer code, files, or programs that are
designed or intended to disrupt, damage, or limit the functioning of any software,
hardware, or telecommunications equipment or to damage or obtain unauthorized access
to any data or other information of any third party; or
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impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the contents of any material uploaded or
submitted by third party users of the site. We generally do not pre-screen, monitor, or edit
the content posted by users of communications services, chat rooms, message boards, newsgroups,
software libraries, or other interactive services that may be available on or through this site.
However, we and our agents have the right at their sole discretion to remove any content that,
in our judgment, does not comply with these Terms of Use and any other rules of user conduct
for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for
any failure or delay in removing such content. You hereby consent to such removal and waive any
claim against us arising out of such removal of content. See "7. Unauthorized Use of Materials"
below for a description of the procedures to be followed in the event that any party believes
that content posted on this site infringes on any patent, trademark, trade secret, copyright,
right of publicity, or other proprietary right of any party.
In addition, you may not use your account to breach security of another account or attempt to
gain unauthorized access to another network or server. Not all areas of the site may be
available to you or other authorized users of the site. You shall not interfere with anyone
else's use and enjoyment of the site or other similar services. Users who violate systems or
network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership,
account, or other affiliation with our site without prior notice to you for violating any of
the above provisions. In addition, you acknowledge that we will cooperate fully with
investigations of violations of systems or network security at other sites, including
cooperating with law enforcement authorities in investigating suspected criminal violations.
5. Third Party Sites and Information
This site may link you to other sites on the Internet or otherwise include references to
information, documents, software, materials and/or services provided by other parties.
These sites may contain information or material that some people may find inappropriate or
offensive. These other sites and parties are not under our control, and you acknowledge that
we are not responsible for the accuracy, copyright compliance, legality, decency, or any other
aspect of the content of such sites, nor are we responsible for errors or omissions in any
references to other parties or their products and services. The inclusion of such a link or
reference is provided merely as a convenience and does not imply endorsement of, or association
with, the site or party by us, or any warranty of any kind, either express or implied.
6. Intellectual Property Information
Copyright © 2016–2019 Anytime Link is a product of Smart Pelican Technologies Group, LLC.
All rights reserved.
For purposes of these Terms of Use, "content" is defined as any information, data,
communications, software, photos, video, graphics, music, sounds, and other material
and services that can be viewed by users on our site. This includes message boards, chat,
and other original content.
By accepting these Terms of Use, you acknowledge and agree that all content presented to you on
this site is protected by copyrights, trademarks, service marks, patents or other proprietary
rights and laws, and is the sole property of Smart Pelican Technologies Group, LLC and/or its
Affiliates. You are only permitted to use the content as expressly authorized by us or the
specific content provider. Except for a single copy made for personal use only, you may not
copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or
information from this site in any form or by any means without prior written permission from
us or the specific content provider, and you are solely responsible for obtaining permission
before reusing any copyrighted material that is available on this site. Any unauthorized use
of the materials appearing on this site may violate copyright, trademark and other applicable
laws and could result in criminal or civil penalties.
Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or
obtained through, this site will not infringe the rights of third parties. See "7. Unauthorized
Use of Materials" below for a description of the procedures to be followed in the event that
any party believes that content posted on this site infringes on any patent, trademark, trade
secret, copyright, right of publicity, or other proprietary right of any party.
All custom graphics, icons, logos and service names are registered trademarks, trademarks or
service marks of Smart Pelican Technologies Group, LLC or its Affiliates. All other trademarks
or service marks are property of their respective owners. Nothing in these Terms of Use grants
you any right to use any trademark, service mark, logo, and/or the name of Anytime Link or
its Affiliates.
7. Unauthorized Use of Materials
Subject to our Privacy Policy, any communication or material that you transmit to this site or
to us, whether by electronic mail, post, or other means, for any reason, will be treated as
non-confidential and non-proprietary. While you retain all rights in such communications or
material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and
worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and
otherwise use such material for any purpose regardless of the form or medium (now known or not
currently known) in which it is used.
Please do not submit confidential or proprietary information to us unless we have mutually
agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals,
so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any
user of this site believes its copyright, trademark or other property rights have been infringed
by a posting on this site, you or the user should send notification to our Designated Agent
(as identified below) immediately. To be effective, the notification must include:
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Identify in sufficient detail the copyrighted work that you believe has been infringed
upon or other information sufficient to specify the copyrighted work being infringed).
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Identify the material that you claim is infringing the copyrighted work listed in item
#1 above.
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Provide information reasonably sufficient to permit us to contact you (email address is
preferred).
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Provide information, if possible, sufficient to permit us to notify the
owner/administrator of the allegedly infringing webpage or other content
(email address is preferred).
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Include the following statement: "I have a good faith belief that use of the copyrighted
materials described above as allegedly infringing is not authorized by the copyright
owner, its agent, or the law."
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Include the following statement: "I swear, under penalty of perjury, that the
information in the notification is accurate and that I am the copyright owner or am
authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed."
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Sign the paper.
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Scan and send the communication to
contact@anytimelink.com
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement,
we may immediately remove the identified materials from our site without liability to you or
any other party and that the claims of the complaining party and the party that originally
posted the materials will be referred to the United States Copyright Office for adjudication
as provided in the Digital Millennium Copyright Act.
8. Disclaimer of Warranties
All materials and services on this site are provided on an "As is" and "As available" basis
without warranty of any kind, either express or implied, including, but not limited to, the
implied warranties of merchantability or fitness for a particular purpose, or the warranty of
non-infringement. Without limiting the foregoing, we make no warranty that (a) the services
and materials will meet your requirements, (b) the services and materials will be uninterrupted,
timely, secure, or error-free, (c) the results that may be obtained from the use of the services
or materials will be effective, accurate or reliable, or (d) the quality of any products,
services, or information purchased or obtained by you from the site from us or our affiliates
will meet your expectations or be free from mistakes, errors or defects.
This site could include technical or other mistakes, inaccuracies or typographical errors.
We may make changes to the materials and services at this site, including the prices and
descriptions of any products listed herein, at any time without notice. The materials or
services at this site may be out of date, and we make no commitment to update such materials
or services.
The use of the services or the downloading or other acquisition of any materials through this
site is done at your own discretion and risk and with your agreement that you will be solely
responsible for any damage to your computer system or loss of data that results from such
activities.
Through your use of the site, you may have the opportunities to engage in commercial
transactions with other users and vendors. You acknowledge that all transactions relating to
any merchandise or services offered by any party, including, but not limited to the purchase
terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such
transactions, are agreed to solely between the seller or purchaser of such merchandise and
services and you. We make no warranty regarding any transactions executed through, or in
connection with this site, and you understand and agree that such transactions are conducted
entirely at your own risk. Any warranty that is provided in connection with any products,
services, materials, or information available on or through this site from a third party is
provided solely by such third party, and not by us or any of our affiliates.
Content available through this site often represents the opinions and judgments of an
information provider, site user, or other person or entity not connected with us. We do not
endorse, nor are we responsible for the accuracy or reliability of any opinion, advice, or
statement made by anyone other than an authorized smart pelican technologies group, llc
spokesperson speaking in his/her official capacity. Please refer to the specific editorial
policies posted on various sections of this site for further information, which policies are
incorporated by reference into these terms of use.
You understand and agree that temporary interruptions of the services available through this
site may occur as normal events. You further understand and agree that we have no control over
third party networks you may access in the course of the use of this site, and therefore, delays
and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided "As is" and that
we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any
user communications or personalization settings..
Some states or jurisdictions do not allow the exclusion of certain warranties,
so some of the above limitations may not apply to you.
9. Limitation of Liability
In no event shall we or our affiliates be liable to you or any third party for any special,
punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever,
including, without limitation, those resulting from loss of use, data or profits, whether or not
we have been advised of the possibility of such damages, and on any theory of liability, arising
out of or in connection with the use of this site or of any web site referenced or linked to
from this site.
Further, we shall not be liable in any way for third party goods and services offered through
this site or for assistance in conducting commercial transactions through this site, including
without limitation the processing of orders.
Some jurisdictions prohibit the exclusion or limitation of liability for consequential or
incidental damages, so the above limitations may not apply to you.
10. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless
from all liabilities, claims, and expenses, including attorney's fees, that arise from your use
or misuse of this site. We reserve the right, at our own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you, in which event
you will cooperate with us in asserting any available defenses.
11. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account
and for any and all statements made and acts or omissions that occur through the use of your
password and account. Therefore, you must take steps to ensure that others do not gain access
to your password and account. Our personnel will never ask you for your password. You may not
transfer or share your account with anyone, and we reserve the right to immediately terminate
your account if you do transfer or share your account.
12. Participation in Promotions
From time to time, this site may include advertisements offered by third parties. You may enter
into correspondence with or participate in promotions of the advertisers showing their products
on this site. Any such correspondence or promotions, including the delivery of and the payment
for goods and services, and any other terms, conditions, warranties or representations
associated with such correspondence or promotions, are solely between you and the advertiser.
We assume no liability, obligation or responsibility for any part of any such correspondence
or promotion.
13. E-mail, Messaging, Blogging, and Chat Services
We may make email, messaging, blogging, or chat services (collectively, "Communications")
available to users of our site, either directly or through a third-party provider. We make
available separate supplemental agreements characterizing the relationship between you and us
that, except where expressly noted or contradictory, includes these Terms.
We will not inspect or disclose the contents of private Communications except with the consent
of the sender or the recipient, or in the narrowly-defined situations provided under the
Electronic Communications Privacy Act, or as other required by law or by court or governmental
order. Further information is available in our Privacy Policy.
We may employ automated monitoring devices or techniques to protect our users from mass
unsolicited communications (also known as "spam") and/or other types of electronic
communications that we deem inconsistent with our business purposes. However, such devices
or techniques are not perfect, and we will not be responsible for any legitimate communication
that is blocked, or for any unsolicited communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage
space, we may employ automated devices that delete or block email messages that exceed the
limit. We will not be responsible for such deleted or blocked messages.
14. International Use
Although this site may be accessible worldwide, we make no representation that materials on
this site are appropriate or available for use in locations outside the United States, and
accessing them from territories where their contents are illegal is prohibited. Those who
choose to access this site from other locations do so on their own initiative and are
responsible for compliance with local laws. Any offer for any product, service, and/or
information made in connection with this site is void where prohibited.
15. Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part
of the site with or without notice and for any reason, including, without limitation, breach of
these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for
terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the
services available on this site immediately ceases, and you acknowledge and agree that we may
immediately deactivate or delete your account and all related information and files in your
account and/or bar any further access to such files or this site. We shall not be liable to you
or any third party for any claims or damages arising out of any termination or suspension or
any other actions taken by us in connection with such termination or suspension.
16. Governing Law
This site (excluding any linked sites) is controlled by us from our offices within the United
States of America. It can be accessed from all 50 states, as well as from other countries around
the world. As each of these places has laws that may differ from those of USA, by accessing this
site both of us agree that the statutes and laws of the USA, without regard to the conflicts of
laws principles thereof and the United Nations Convention on the International Sales of Goods,
will apply to all matters relating to the use of this site and the purchase of products and
services available through this site. Each of us agrees and hereby submits to the exclusive
personal jurisdiction and venue any court of competent jurisdiction within the USA with respect
to such matters.
17. Notices
All notices to a party shall be in writing and shall be made either via email or conventional
mail. Notices to us must be sent to the attention of Customer Service at
contact@anytimelink.com
Notices to you may be sent to the address supplied by you as part of your Registration Data.
In addition, we may broadcast notices or messages through the site to inform you of changes to
the site or other matters of importance, and such broadcasts shall constitute notice to you at
the time of sending.
18. Entire Agreement
These terms and conditions constitute the entire agreement and understanding between us
concerning the subject matter of this agreement and supersede all prior agreements and
understandings of the parties with respect to that subject matter. These Terms of Use may
not be altered, supplemented, or amended by the use of any other document(s). Any attempt
to alter, supplement or amend this document or to enter an order for products or services
which are subject to additional or altered terms and conditions shall be null and void, unless
otherwise agreed to in a written agreement signed by you and us. To the extent that anything
in or associated with this site is in conflict or inconsistent with these Terms of Use, these
Terms of Use shall take precedence.
19. Miscellaneous
In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and
attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be
instituted with one year after the cause of action arises or be deemed forever waived and
barred.
You may not assign your rights and obligations under these Terms of Use to any party, and
any purported attempt to do so will be null and void. We may free assign our rights and
obligations under these Terms of Use.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes
any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from liability for
non-delivery or delay in delivery of products and services available through our site arising
from any event beyond our reasonable control, whether or not foreseeable by either party,
including but not limited to, labor disturbance, war, fire, accident, adverse weather,
inability to secure transportation, governmental act or regulation, and other causes or events
beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be
construed in a manner consistent with applicable law to reflect, as nearly as possible, the
original intentions of the parties, and the remaining portions shall remain in full force
and effect.
Any failure by us to enforce or exercise any provision of these Terms of Use or related rights
shall not constitute a waiver of that right or provision.
20. Contact Information
Except as explicitly noted on this site, the services available through this site are offered
by Smart Pelican Technologies Group, LLC, the Company. If you notice that any user is violating
these Terms of Use, please contact us at:
contact@anytimelink.com