YOUR PURCHASES FROM THE LINKSYS STORE ARE GOVERNED BY THESE TERMS OF SALE. PLEASE REVIEW THEM CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. BY PLACING AN ORDER ON THE LINKSYS STORE, YOU AGREE THAT YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SALE.
Your Account
Payment Methods and Restrictions
Order Acknowledgement/Confirmation
Cancellation Policy
Pricing, Shipping Charges and Sales Tax
Shipment and Delivery; Title and Risk of Loss
Return and Refund Policy
Sales to End User Only, No Resale or Export
Warranty
Typographical Errors
Limitation of Liability
Changes to the Terms of Sale; Access to Linksys Store
Product Changes and Discontinuation
Applicable Law
Privacy Policy and Terms of Use
Arbitration, Waiver of Classwide Arbitration, Governing Law & Venue
General Terms
Your Account
In order to purchase merchandise, services and software on the Linksys Store, you must have a valid email address. By placing an order on the Linksys Store, you confirm that all information provided by you is correct and accurate. You are responsible for maintaining the confidentiality of your Linksys Store account and password, and for restricting access to your computer. You accept responsibility for all activities that occur on the Linksys Store under your account and password.
Payment Methods and Restrictions
We accept Visa®, MasterCard® and American Express® cards and PayPal® for payment of purchases on the Linksys Store. At the time you place an order for merchandise, we will pre-authorize your order amount with your card account issuer, which may affect your available credit line. Your card account will be charged when the merchandise you ordered is shipped. Orders for services and software downloaded from the Linksys Store will be charged to your card account immediately at the time you place your order.
By placing an order on the Linksys Store, you confirm that you are (a) a natural person (no corporations, partnerships or other legal entities), (b) a resident in the 50 states of the United States of America, exclusive of its commonwealths, territories and possessions ("United States"), and (c) at least the age of majority applicable in your state of residence. Card accounts with billing addresses outside the United States will not be accepted. You may not combine more than one card account for a single purchase.
Unless you notify Linksys of any discrepancies of any fees and charges incurred in connection with your purchase (including any applicable taxes) within forty-five (45) days from the date of purchase, you agree that they will be deemed accepted by you for all purposes.
Order Acknowledgement/Confirmation
We will send you an order acknowledgement via email confirming our receipt of your order for merchandise from the Linksys Store. If you order services or download software from the Linksys Store, you will receive a receipt for your order via email. PLEASE KEEP A COPY OF THIS RECEIPT. To receive service, you will need to provide the Linksys support agent with the serial number information from the receipt exactly as it appears on the receipt. When your merchandise ships, you will be sent an email confirming shipment of your order. An order acknowledgement does not signify Linksys's acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right to reject any order you place with us and to limit quantities on any order, without giving any reason. Your credit card will not be charged in the event your order is rejected.
Cancellation Policy
Our goal is to complete and ship orders as quickly as possible, so our system will process your order immediately when it is placed. For this reason, we CANNOT make changes to or cancel your order once it has been submitted by you. Please ensure that your shipping address, products ordered, desired shipping method and all other order information is correct before submitting your order. If an error is made by you, you may return the merchandise to us subject to the Return and Refund Policy in these Terms of Sale.
Pricing, Shipping Charges and Sales Tax
Prices on the Linksys Store do not include shipping and handling charges or sales taxes (based on the specified shipping address). Applicable shipping and handling charges and taxes will be added to the cost of your order at the time you make your purchase. Prices on the Linksys Store are subject to change at any time without notice.
Shipment and Delivery; Title and Risk of Loss
Merchandise orders normally will ship within the time indicated on the Linksys Store. Shipment and delivery dates are estimates only and subject to change. We do not guarantee any shipment or delivery dates. Title to the merchandise ordered by you (except for title to any software) and all risk of loss pass to you upon shipment from our facility. Shipments can be made only to delivery addresses within the United States.
Return and Refund Policy
If you are not satisfied with your purchase from the Linksys Store, you may cancel your purchase and obtain a refund by going to your My Account page at the Linksys Store within 30 days after delivery of the product:
Only products purchased from the Linksys Store are eligible for return and refund. Refunds will be credited to your original method of payment in the amount of your original purchase price for the returned product, less any shipping and handling charges. Refunds usually will be reflected on your card account within 4 weeks after Linksys's receipt of your product return or, for software downloads, after Linksys's receipt of your refund request.
For eligible hardware products, you will receive a Return Material Authorization (RMA) number and return instructions via email usually within 2 business days after placing your request for return and refund on your My Account page. You are responsible for properly packaging, labeling and shipping your product to Linksys at your cost and risk of loss.
Please obtain a tracking number as a safeguard for your shipment. We strongly suggest using a reputable shipping company that will provide a tracking number and will insure the package. Linksys must receive your returned product at the address indicated in the return instructions within 14 calendar days of the issuance of the RMA number. If the product is delivered to the warehouse after 14 calendar days, NO CREDIT WILL BE ISSUED and the product will be returned to you at your expense.
Returned products must be in new condition with the original packaging and any accessories, manuals and documentation that shipped with the product. Returned products with missing or defaced serial numbers or UPC barcodes will be rejected. Each product return requires a separate RMA number. Do not include any other items with the product for which the RMA number was issued.
Once the returned product is received by Linksys, you will receive a credit confirmation email confirming receipt of your product and your refund amount. If you do not receive the credit confirmation email within 2 business days from the date the returned product was delivered, contact us and provide the tracking number.
Linksys reserves the right to reduce your refund credit in the amount of any missing or damaged accessories, manuals, or other items. Your credit card company may take up to 30 days to post the refund to your account.
Software Return Requests
For eligible electronic software downloads, you will receive an email confirming your refund amount after placing your request for refund on your My Account page. Upon receipt of your request for refund, the authorization code for your software download will be deactivated. Software purchases delivered to you on CD-ROM or other tangible media may be returned only if the package is unopened, by following the instructions for Hardware Return Requests above.
Services
Linksys does not offer refunds for any services purchased from the Linksys Store. All sales of services are final.
Sales to End User Only, No Resale or Export
For all merchandise and software purchased by you from the Linksys Consumer Products Store, you represent and agree that you are buying such merchandise and software for your own internal use only, and not for resale or export.
Warranty
Hardware
Services
Software
All software offered on the Linksys Store is subject to a license agreement and you agree that you will be bound by such license agreement in addition to these Terms of Sale.
Typographical Errors
Linksys attempts to provide accurate information on the Linksys Store. Linksys, however, does not warrant that product descriptions, information or other content of the Linksys Home Product Store is accurate, complete, reliable, current or error-free. Linksys reserves the right to cancel any order placed by you where there was an error on the Linksys Store concerning price, availability or other information related to the merchandise you ordered.
Limitation of Liability
IN NO EVENT SHALL LINKSYS OR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE LINKSYS HOME PRODUCTS STORE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), SERVICES OR DOWNLOADS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LINKSYS HOME PRODUCTS STORE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST DATA, REVENUE OR PROFIT, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THE FOREGOING SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CLAIM, EVEN IF LINKSYS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL LINKSYS'S LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE MERCHANDISE PURCHASED BY YOU ON THE LINKSYS HOME PRODUCTS STORE. Some states do not allow the exclusion or limitation incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Changes to the Terms of Sale; Access to Linksys Store
Linksys reserves the right to change these Terms of Sale at any time without notice, and these Terms of Sale may not be modified by any other documents or communications unless agreed to in a writing signed by an authorized representative of Linksys. Linksys also reserves the right, at any time without notice, to modify or terminate access to and/or operation of the entirety of or any portion of the Linksys Store, including but not limited to when necessary for maintenance purposes.
Product Changes and Discontinuation
Linksys strives to make continuing updates and revisions to our products. Therefore, it is possible that there could be changes between the product actually shipped to you and the product information on the Linksys Store and/or saved to your My Account page at the time your order is placed.
Applicable Law
These Terms of Sale, any sales on the Linksys Store and any disputes or claims arising from or related to the forgoing are governed by California law, without giving effect to its conflict of laws provisions.
Privacy Policy and Terms of Use
Your visits to and purchases from the Linksys Store are also subject to our Privacy Policy and Terms of Use.
Arbitration, Waiver of Classwide Arbitration, Governing Law & Venue
YOU AND LINKSYS EACH ACKNOWLEDGE AND AGREE THAT ANY CLAIM, DISPUTE OR CONTROVERSY BETWEEN YOU AND LINKSYS ARISING OUT OF OR RELATING TO (1) THESE TERMS OF SALE, INCLUDING THE VALIDITY OF THIS SECTION, AND (2) YOUR PURCHASE OF PRODUCT(S) AND/OR SERVICES UNDER THESE TERMS OF SALE (COLLECTIVELY, THE "DISPUTE") SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY A MUTUALLY AGREEABLE NATIONALLY RECOGNIZED ARBITRATION COMPANY PURSUANT TO ITS CODE OF PROCEDURES THEN IN EFFECT FOR CONSUMER-RELATED DISPUTES. YOU UNDERSTAND THAT WITHOUT THIS PROVISION YOU WOULD HAVE HAD A RIGHT TO LITIGATE A DISPUTE THROUGH A COURT BEFORE A JURY OR JUDGE, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREE INSTEAD TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
THE ARBITRATION SHALL OCCUR BEFORE A SINGLE ARBITRATOR, WHO MUST BE A RETIRED JUDGE OR JUSTICE, IN ONE OF SIX REGIONAL VENUES CONSISTENT WITH THE VENUE PROVISION BELOW. WHETHER OR NOT YOU PREVAIL IN THE DISPUTE SO LONG AS YOUR CLAIM IS NOT FOUND TO BE FRIVOLOUS BY THE ARBITRATOR AS MEASURED BY RULE 11(b) OF THE FEDERAL RULES OF CIVIL PROCEDURE, YOU SHALL BE ENTITLED TO BE REIMBURSED FOR YOUR COSTS OF ARBITRATION, WITHIN THE SOLE DISCRETION OF THE ARBITRATOR. IF THE ARBITRATION AWARD IS EQUAL TO OR GREATER THAN THE AMOUNT YOU DEMANDED IN YOUR ARBITRATION CLAIM, LINKSYS WILL PAY FOR YOUR REASONABLE AND ACTUAL ATTORNEYS' FEES YOU HAVE INCURRED TO ARBITRATE THE DISPUTE PLUS A MINIMUM RECOVERY OF $2,500. ANY DECISION OR AWARD BY THE ARBITRATOR RENDERED IN AN ARBITRATION PROCEEDING SHALL BE FINAL AND BINDING ON EACH PARTY, AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. IF EITHER PARTY BRINGS A DISPUTE IN A COURT OR OTHER NON-ARBITRATION FORUM, THE ARBITRATOR OR JUDGE MAY AWARD THE OTHER PARTY ITS REASONABLE COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) INCURRED IN ENFORCING COMPLIANCE WITH THIS BINDING ARBITRATION PROVISION, INCLUDING STAYING OR DISMISSING SUCH DISPUTE.
NEITHER YOU NOR LINKSYS SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU UNDERSTAND THAT WITHOUT THIS PROVISION YOU MAY HAVE HAD A RIGHT TO ARBITRATE A DISPUTE ON A CLASSWIDE OR REPRESENTATIVE BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREE INSTEAD TO ARBITRATE ONLY YOUR OWN DISPUTE(S) IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. NOTWITHSTANDING THE ABOVE AGREEMENT TO ARBITRATE DISPUTES, YOU AND LINKSYS EACH ACKNOWLEDGE AND AGREE THAT EITHER PARTY MAY, AS AN ALTERNATIVE TO ARBITRATION, BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT TO RESOLVE A DISPUTE, SO LONG AS SUCH SMALL CLAIMS COURT DOES NOT PROVIDE FOR OR ALLOW FOR JOINDER OR CONSOLIDATION OF CLAIMS.
THIS AGREEMENT IS TO BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW RULE THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION (OTHER THAN THE INTERNAL LAWS OF THE STATE OF CALIFORNIA) TO THE RIGHTS AND DUTIES OF THE PARTIES. HOWEVER, WITH RESPECT TO SOFTWARE PROVIDED, IF YOU ARE A CONSUMER AND YOU LIVE IN A COUNTRY WHERE LINKSYS MARKETS OR PROMOTES THE SOFTWARE, LOCAL LAW MAY REQUIRE THAT CERTAIN CONSUMER PROTECTION LAWS OF YOUR COUNTRY OF RESIDENCE APPLY TO SOME SECTIONS OF THIS AGREEMENT. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS WILL NOT APPLY.
EXCEPT FOR INDIVIDUAL SMALL CLAIMS ACTIONS WHICH CAN BE BROUGHT IN ANY SMALL CLAIMS COURT WHERE JURISDICTION AND VENUE ARE PROPER, ANY ARBITRATION, LEGAL SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY DISPUTE SHALL BE COMMENCED IN (1) NEW YORK, NEW YORK, (2) ATLANTA, GEORGIA, (3) CHICAGO, ILLINOIS, (4) DALLAS, TEXAS, (5) SEATTLE, WASHINGTON, OR (6) LOS ANGELES, CALIFORNIA, AND YOU AND LINKSYS EACH IRREVOCABLY SUBMITS TO THE EXCLUSIVE JURISDICTION AND VENUE OF ANY SUCH PROCEEDING. HOWEVER, FOR A DISPUTE OF $10,000 OR LESS, YOU MAY CHOOSE WHETHER THE ARBITRATION IN ANY OF THE SIX REGIONAL VENUES PROCEEDS IN PERSON, BY TELEPHONE, OR BASED ONLY ON SUBMISSIONS.
General Terms
No Linksys employee or agent has the authority to vary any terms or policies in these Terms of Sale. In the event one or more terms in these Terms of Sale becomes or is declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, such term or terms shall be null and void and shall be deemed deleted from these Terms of Sale. All remaining terms of these Terms of Sale shall remain in full force and effect. The waiver or failure by Linksys to enforce any terms, policies or rights in these Terms of Sale shall not constitute a subsequent or continuing waiver of such term, policy or right. These Terms of Sale constitute the entire agreement between you and Linksys concerning your purchase, and they supersede any and all prior representations, warranties or other agreements or understandings, whether oral or written, between you and Linksys concerning the subject matter of these Terms of Sale.
