LINC User Agreement
The following User Agreement applies for all subscribers of Lantech Intelligent Network Connection (LINC).
Last Update: March 28, 2024
Contractual Relationship
This User Agreement is entered into by and between Lantech.com, LLC (“Lantech”, “we”, “us”, or “our”) and you. The terms of this User Agreement and any additional terms incorporated by reference herein (collectively, the “Terms”) govern your use of our LINC products and services (collectively, our “Services”). By using our Services (including but not limited to LINC™), you are agreeing to these Terms. You are also agreeing that you have authority to agree to these Terms, whether personally, on behalf of your organization, or on behalf of an entity you have included in your user account registration.
You have agreed to comply with these Terms as a condition using our Services. If you do not want to agree to these Terms, you must not access or use the Services. We may amend these Terms from time to time in our sole discretion. All such revisions to the Terms will be effective when posted on this website or otherwise made available to you. The revised Terms supersede any previous versions and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this website each time you access the Services so you are aware of any changes, as they are binding on you.
These Terms also expressly supersede any prior agreements or arrangements we may have with you. You may stop using our Services at any time, and we may terminate these Terms or your use of any Services, or generally cease offering or deny access to any portion of the Services, at any time and for any reason in our sole discretion.
What LINC Offers
LINC was designed to help you access real-time information about your machine from anywhere. LINC can help to improve performance, reduce downtime, and prevent problems from escalating. We are continually evolving our Services, and as of the date above, they include Stretch Wrapping and Case Erecting LINC modules made available by Lantech. In these Terms, we refer to these as a “Product” or all of them collectively as “Products”. Our Services include our web portal (the “LINC Portal”), all other related equipment, maintenance, personnel, our websites (including this one and our public site), social media assets, and any other information, technology and services provided or otherwise made available to you in our discretion.
Your LINC User Account
Account Set Up. In order to use most aspects of the Services, you must register for and maintain an active personal user account (“Account”), which requires that a subscription has been purchased either at the machine sale or after machine sale as a retrofit. Account setup is possible after machines are installed properly and brought online with a cellular or ethernet connection.
The Account information you provide to us must be true, accurate, complete and updated as necessary to remain accurate and complete. If applicable, create a username and a strong password. You must treat such Account information as confidential and you must not disclose it to any other person or entity. Your Account is personal to you and not intended for anyone else, and you are responsible for all activity that occurs under it. Notify us immediately if you suspect unauthorized use of your Account. We have the right to disclose information about you or your various account details (like billing, account, content or use records and related information) in connection with any legal process, or to comply with relevant laws (which may include mandatory data sharing with governments). We may also disclose your information in order to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies.
If we suspect that any information you provide is inaccurate, incomplete or fraudulent, we may suspend or terminate your Account until the issue is resolved. During that time, you will lose access to some or all of our Services, either temporarily or permanently.
Once your Account is properly set up, you can use the LINC Portal to view your machine data.
LINC Device Kits.
LINC hardware is a part of your Lantech machine. You shall not tamper with, modify, or detach the LINC device unless for maintenance or warranty replacement approved by Lantech. It is a violation of these Terms to resell LINC device kit unless in the event of transferring ownership of the entire machine. In the event of a resale of the entire machine, the LINC equipped machine is eligible for new subscription activation so long as in working condition. LINC device kits are owned by the machine owner and purchased at machine point of sale or as a retrofit option. In the event of a subscription cancellation (we hate to see you go!), owners of the machine may keep the LINC device kit installed.
Rules for using Certain Products and Services
Certain Products or Services may come with additional terms or requirements, which we will make available to you with the relevant Products and/or Services and they will become part of these Terms and apply to your use of those Products and/or Services. You agree to abide by the Terms applicable to each Lantech Product you use. You can find additional terms at lantech.com/legal.
Service Levels
In the event there are any Service Levels applicable to Products or Services (whereby we require an active LINC subscription to monitor performance) the LINC device will act as the source of performance data for purposes of determining compliance with the Service Levels. You must maintain an active subscription for the Service Levels to apply. If you subscription is cancelled, terminated, or otherwise lapses, the Service Level terms are terminated and become null and void. Any effort to mislead or tamper with performance data against the Service Level is prohibited.
Financial Terms
Pricing & Payment
Fees for the Services are set forth by your Lantech sales quote and/or available on the website. We may change the fees for our Services at any time as we deem necessary or appropriate for our business and are subject to change without notice. If you do not accept the change in pricing, you may provide notice of cancellation to us. Our pricing is exclusive of taxes (like sales and value added) and other applicable governmental charges.
Fees and charges will be applied based on the payment method selected in your account. We will automatically charge and withhold the applicable taxes as required by law, unless you provide notice of cancellation prior to the scheduled date of charging. All credit card payments to us are made through a third-party payment processor.
If your payment method expires and you do not update your information or you cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts. We reserve the right to retry billing all payment method(s) on file after any failed billing attempt. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
The fees for the Services are non-refundable. If you disagree with any charges we have made to your account, you must let us know within 10 business days from the end of the month in which the disputed charge took place. We will investigate the disputed charge and determine if any disputed charges were made in error and we will refund any such charges made in error to your account.
Subscriptions; Free Trials; Limited Discounts
We may offer our Services under different payment options, including without limitation free trials, subscriptions, limited time offers, or other options. Free trials may convert into paid subscriptions in accordance with the offer terms. The terms will be set forth in each offer for such Services. Please read the offer terms carefully before accepting them.
Data Protections and Restrictions
You agree that you shall comply with all applicable data privacy laws, rules, and regulations (collectively, “Data Protection Laws”), and shall have all related rights and obligations with respect to any personal data that Lantech processes (or similar term under applicable Data Protection Laws) on your behalf via the Services (“Customer Personal Data”). You will individually and directly provide appropriate notice to and obtain appropriate consents, where applicable, from individuals, regarding the collection, recording, storage, use, access, transmission, or other processing of Customer Personal Data as required by applicable Privacy Laws. Additionally, you will individually and directly comply with any reasonable request by an individual to access, change, delete, correct, or exercise related rights to Customer Personal Data, taking into account the nature of processing, obligations under applicable Data Protection Laws, and Customer Data available to the parties.
Our collection, use, and disclosure of Customer Personal Data in connection with the Services is set forth in our Privacy Notice found at lantech.com/legal.
Text Messages and Telephone Calls
If you provide us a mobile phone number on the personal information page, and check the box to consent to receiving texts from Lantech, you will receive a single text message from us to confirm your enrollment in SMS/text messaging. You will not be enrolled to receive SMS unless you provide your number and check the box to consent from the LINC portal. By consenting, you (1) agree that we may contact you by telephone, SMS or text message (including through use of an automatic telephone dialing system) at the phone numbers you have provided to us, and (2) certify, warrant and represent that the telephone number you provided to us is your contact number and understand that consent is not a condition of purchasing any property, goods or services. You can unsubscribe by clicking the unsubscribe link (where available) in one of our messages or by changing your personal information settings from the LINC portal. Text messaging rates from your carrier may apply.
Intellectual Property
Our Limited License to You
Subject to these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Services on your personal device solely and solely for your internal use of the Services. Such rights are for your personal, noncommercial use only. Any rights not expressly granted herein are reserved by us and our licensors. You are not allowed to copy, modify, distribute, sell or lease any part of our Services, including the software, nor may you reverse engineer or attempt to extract the source code of the Services or software, unless laws prohibit these restrictions or you have our written permission to do so.
You are must not:
Do anything that places an unreasonably large load on our Services’ infrastructure,
Use any robots, spiders, scrapers or other automated means to access our Services,
Interfere with the proper working of our Services, or
Attempt to bypass any of our security measures to access the Services.
Ownership
Our LINC Service
The Services are our exclusive property, and your use of them does not transfer any ownership rights to you. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access, and except for the limited license granted to you above, all rights therein (including all intellectual property) belong to us or our licensors. You may not use content from our Services without our express prior permission or as otherwise permitted by law. These Terms do not grant you the right to use any trademarks, branding or logos used in our Services or otherwise, including in any advertising or publicity or to imply our endorsement in any way. You may not obscure or alter any legal notices displayed in, along with or in connection with our Services.
Your Machine Data
You own your machine performance data and other related metrics as displayed and captured by the LINC system. Machine data collected by the LINC system is the express property of the equipment owner. Subscription to the LINC system grants Lantech.com, LLC permission to machine data for product improvement and research purposes. Lantech.com LLC will not share any collected data with any third party without the express permission of the equipment owner. In the event of a subscription cancellation, you may request a full machine data history (from the time you activated your subscription) to be sent to you before your subscription is deactivated. Please contact us at [email protected] to request all such machine data. You may also request that we either delete your machine data or anonymize from your machine serial (whether the data is deleted or anonymized will be determined by Lantech) and account in our database at account deactivation or subscription cancellation. Please contact us at [email protected] to request deletion or anonymization. Otherwise, all machine data is securely stored for our internal research, technical product support, and product improvement. We may periodically delete records to maintain storage and security and cannot guarantee that your data will be available after 6 months of a subscription cancellation.
Transferring Ownership
In the event of a machine resale, ownership and use of data will not transfer to the new owner without written permission from the original equipment owner. Lantech is not liable for any data shared from owners to potential buyers and you will indemnify Lantech against any claims related to sharing your data with such buyers.
Digital Millennium Copyright Act & Claims of Copyright Infringement
Claims of copyright infringement should be sent to our designated agent. Please visit us at lantech.com/dmca for all relevant information.
Content Provided by You
You may at times be invited to submit content to us (like a comment to a product tour, feedback form, or testimonial). You retain ownership of this content. When you submit it, you give us and our affiliates and services providers (and each of their and our respective licensees, successors, and assigns) a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute it as well as your company name. This license continues even if you stop using our Services. Any content you submit is deemed non-confidential and non-proprietary.
Do not submit any content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful or otherwise offensive (as we may determine in our sole discretion). Additionally, you agree not to submit to or use the Services for distributing any “spam” or unsolicited advertising. We have the right, but not the obligation, to review, monitor or remove your content at any time for any reason without notice.
Third Party Services and Content
The Services may be made available or accessed in connection with services and content controlled by third parties with different terms of use and privacy policies. We do not endorse these third-party services and content and we are not responsible or liable for any of their products or services. Your access to the Services using these applications or devices is subject to terms set forth in their respective terms of service and privacy policies.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services (including the App) and any updates thereto. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to, and Lantech is not responsible for, malfunctions and delays inherent in the use of the Internet and electronic communications.
Disclaimer of Warranties
YOUR USE OF THE SERVICES AND ITS CONTENT ARE AT YOUR OWN RISK. THE SERVCIES AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LANTECH NOR ANY PERSON ASSOCIATED WITH THE LANTECH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER LANTECH NOR ANYONE ASSOCIATED WITH LANTECH REPRESENTS OR WARRANTS THAT THE SERVICES AND ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY OF THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT FROM THE SERVICES. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL LANTECH, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE, UNDER ANY LEGAL THEORY, FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE LANTECH AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNTS YOU HAVE PAID TO LANTECH FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO COMPANY, AS APPLICABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Lantech, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, or your use of any information obtained from the Services, other than as expressly authorized in these Terms.
General
These Terms will be governed by and construed in accordance with the laws of the State of Kentucky, without regard to its conflicts of law provisions. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Kentucky, in each case located in the state and federal courts located in the Western District of Kentucky, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. You may not assign these Terms without our prior written approval. We may assign these Terms without your consent to a related or affiliated entity or in the event of a sale of all or substantially all of our assets, stock or business, or to a successor by merger. Any purported assignment in violation of this paragraph is null and void. No joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or your use of our Services. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be struck and the remaining provisions shall be enforced to the fullest extent under the law. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless we acknowledge and agree to it in writing, and it is not a waiver of our right to do so later. Note that when we say “include” or “including” throughout these Terms, we really mean “including, but not limited to” but do this for ease of reading. Provisions that by their nature are intended to survive the termination of these Terms or your use of the Services will survive.
