LINKSYS SMART WI-FI TERMS OF SERVICE
Welcome to the Linksys Smart Wi-Fi service! Please read these Terms of Service carefully before completing the registration process and/or using the Linksys Smart Wi-Fi service. These Terms of Service create an agreement between you and Linksys LLC ("Linksys") regarding your use of the Linksys Smart Wi-Fi service, including any apps that facilitate use of the Linksys Smart Wi-Fi service ("Service"). Your use of the Service is governed by these Terms of Service, the Linksys Smart Wi-Fi Privacy Statement and the End User License Agreement. These Terms of Service do not govern your use of any Linksys router or other Linksys device. Please review all of these carefully before completing any applicable registration process or using the Service. This Agreement contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you. By checking the "I Accept" checkbox and/or registering for or using the Service, you agree to be bound by these Terms of Service. If you do not agree to the Terms of Service, then do not click on the "I Accept" box and do not use the Service.
If you are under 18, or if you are considered a minor in your state or country, you must obtain the consent of your parent or legal guardian to register for the Service.
In this Agreement, the "Service" is as defined above. This definition may be modified by Linksys from time to time in accordance with the provisions of this Agreement.
1. Availability of the Service
To access the Service, you will need a Linksys Smart Wi-Fi App Enabled router (the "Product") and broadband Internet access (sold separately through your service provider). Check your router packaging for any minimum system requirements. Linksys reserves the right to offer and/or withdraw any product or Service in some countries but not in others. Please visit your local website to see if we offer this Service in your country.
As long as you comply with this Agreement, Linksys grants you a limited, revocable, non-exclusive, non-assignable, non-sublicenseable right to access and use the Services as they are intended to be used and in accordance with this Agreement and all applicable laws and regulations. We grant you no other rights, implied or otherwise.
2. Registration
To register, you will need to input your first and last name, language preference, email address and password (the "Registration Information"). You are responsible for maintaining the confidentiality and security of your Registration Information and agree to notify Linksys of any unauthorized use of your Linksys Smart Wi-Fi account. To contact Linksys, please use the contact information in the following link: Contact Us.
Once you have completed the registration process, then subject to your acceptance of these terms and conditions, you may use the Service in accordance with (and subject to) this Agreement.
3. Data, Information and Privacy
You agree that the Privacy Statement which can be viewed by clicking on the "Privacy Statement" link at the bottom of the Linksys Smart Wi-Fi page (available here) will be applicable to your use of the Service.
4. Your Responsibilities as a Linksys Smart Wi-Fi User
You are responsible for any data that is sent or received by you and/or any other party in connection with your access to and/or use of the Service used in connection with your account. You agree that Linksys is not responsible and will not be liable to you or any others for any loss or damages due to your use of the Service.
As a condition of your use of the Service, you agree that your use of the Service is in accordance with these Terms of Service and the End User License Agreement and such use is permitted under and will comply with the applicable laws of the country where you use the Service.
You may not attempt to gain unauthorized access to the Service or any part or feature of the Service, or to other accounts, computer systems or networks connected to the Service, through hacking, password mining or other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or with any other person's use of the Service.
If Linksys is the subject of a claim, becomes involved in a legal proceeding, or suffers any economic loss or damage as a result of your violation of this Agreement, to the extent permitted by law, you will be responsible for compensating Linksys for the full amount of its loss, as well as any reasonable amounts Linksys incurs in lawyers' fees, expenses and court costs, except to the extent that Linksys contributed to the loss or damage.
As part of the Service, you will be required to create a password that will enable you to use the Service. Your email address and password will be used to validate your identity in order to access the Service. When you choose a password, choose a unique combination of letters and numbers unrelated to your or someone else's identity or to any information that is publicly available or that may be needed by us to provide the Service to you or to others. If you share information related to the Service with others or allow others to access the Service using your email address and password, you have no expectation of privacy or confidentiality in the personal information you may intentionally or unintentionally disclose. Therefore, please avoid giving access to these materials to others. You agree to notify Linksys immediately of any unauthorized use of your account or password, or any other breach of security. To contact Linksys, please use the contact information in the following link: Contact Us.
Linksys will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Linksys or another party due to someone else using your account or password as a result of your failing to keep your account information secure and confidential. You may not use anyone else's account at any time without the permission of the account holder. Linksys will not be liable for any loss or damage arising from your failure to comply with these obligations.
5. Suspension or Termination of Your Account
Linksys shall have the right, in its discretion, to modify, suspend or discontinue the Service at any time without liability to Linksys. In such cases and where we are able to do this, we will use reasonable efforts to give you prior notice of any modification, suspension or discontinuation of the Service.
You agree that Linksys may suspend or terminate your access to the Service by written notice to you if (a) you have violated these Terms of Service or other agreements or policies which may be associated with your use of the Service, (b) your actions cause Linksys to be in violation of any agreement or policy needed to run the Service or (c) Linksys is required to do so by any court or government authority in any country. You agree that Linksys will not be liable to you or to any third party for any suspension or termination of your access to the Service due to your breach of this Agreement.
Linksys may, upon such termination by written notice to you, deactivate or delete your Linksys Smart Wi-Fi account. Linksys will not prevent you from using your Linksys router or other Linksys device as a result of such termination.
If you wish to terminate your use of the Service, please contact our customer service team at Contact Us .
6. Title to Intellectual Property and Software
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code (collectively, "Linksys Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel," and arrangement of such Linksys Content, contained in the Service is owned, controlled, or licensed by or to Linksys, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights.
Except as expressly provided in this Agreement or otherwise permitted by law, no Linksys Content may be used, copied, reproduced, modified, republished, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio or video transmission, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution or for any commercial enterprise or purpose, without Linksys' express prior written consent.
You may need to use the software that came with your router to use or have full access to certain features of the Service. You received software at the time of your router purchase and other software programs may be delivered to your router remotely from time to time. You agree to use such software in accordance with this Agreement and the End User License Agreement which can be found at: End User License Agreement. You agree that, as between Linksys and you, Linksys retains title to and ownership of all the software and intellectual property rights in the router and the Service.
7. Open source software
The Service may include certain free/open source software. To view the licenses in text form, go to Linksys Smart Wi-Fi > Third Party Licenses tab. Information about obtaining access to the source code for certain free/open source software can be found at: Contact Us > Open Source Information.
8. No Warranties
You agree to use the Service at your own risk. You agree that Linksys and its suppliers, resellers, RETAILERS and affiliates will not be responsible for any harm to any device, any loss of data, or any other harm that results from your use OR MISUSE of the Service, EXCEPT TO THE EXTENT THAT SUCH HARM IS CAUSED BY LINKSYS. LINKSYS AND ITS SUPPLIERS, RESELLERS, RETAILERS AND AFFILIATES DO NOT GUARANTEE THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, timely OR ERROR-FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE WITHOUT WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. Also, due to the continual development of new techniques for intruding upon and attacking networks, Linksys does not warrant that the Service, system(s) or network(s) on which (or through which) the Service is used will be free of vulnerability to intrusion or attack. The Service may include or be bundled with a third party product, software or service offerings. WE DO NOT PROVIDE ANY WARRANTIES, WHETHER EXPRESS, IMPLIED OR OTHERWISE FOR such third party product, software or service offerings. WE DO not guarantee any continued availability of a third party's service for which this SERVICE's use or operation may require.
IT IS YOUR RESPONSIBILITY TO BACK UP YOUR SYSTEM INCLUDING, WITHOUT LIMITATION, ANY DATA THAT YOU MAY USE OR POSSESS IN CONNECTION WITH THE SERVICE. ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OF SUCH MATERIAL, INFORMATION OR DATA.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LINKSYS AND ITS SUPPLIERS, RESELLERS, RETAILERS AND AFFILIATES DO NOT MAKE ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCEPTABLE QUALITY, QUIET ENJOYMENT, OR NONINFRINGEMENT.
Important Notice Regarding Your Consumer Rights: some countries, states and/OR provinces do not allow the exclusion OR LIMITATION of certain CONDITIONS, warranties OR GUARANTEES AND/OR DO NOT ALLOW PRODUCTS Or SERVICES TO BE SOLD WITH NO WARRANTIES OR GUARANTEES. ACCORDINGLY, IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THIS SECTION ON "NO WARRANTIES" MAY NOT APPLY TO YOU. ONLY THOSE EXCLUSIONS AND LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, LINKSYS' LIABILITY WILL BE LIMITED ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. The enforceability of these limited warranties may vary based on the local laws applicable to you, and you may have additional rights depending on where you live. For example, in Australia, the Service comes with statutory guarantees that cannot be excluded or limited under the Australian Consumer Law (as further explained below).
This Agreement is not intended to and does not:
If you are located in Australia or New Zealand, the following paragraph applies to you:
Certain legislation, including the Australian Consumer Law and the Consumer Guarantees Act 1993 (New Zealand) may imply warranties or conditions, or impose guarantees or obligations on Linksys, which operate to protect certain Australian or New Zealand purchasers of goods and services in various circumstances ("AU/NZ Applicable Laws"). Nothing in this Agreement excludes, restricts or modifies any condition, warranty, guarantee, right or remedy implied or imposed by any AU/NZ Applicable Laws which cannot lawfully be excluded, restricted or modified. If any condition, warranty or guarantee is implied into this Agreement or imposed on Linksys under AU/NZ Applicable Laws and cannot be excluded, but Linksys is permitted by an AU/NZ Applicable Law to limit Linksys' remedy for a breach of such a condition, warranty or guarantee, then the liability of Linksys for breach of the condition, warranty or guarantee is limited to one or more of the following, at Linksys' option: (a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or (b) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
Additional warranty terms and other information related to Linksys routers can be found at: Linksys Support.
9. General Exclusions and Limitations of Liability
In some jurisdictions and circumstances, it is possible to exclude and/or to limit Linksys' liability to consumers. Only in those jurisdictions where it can lawfully do so, and to the full extent that it is allowed by law to do so, Linksys:
Nothing in this Section shall limit the liability of Linksys in relation to death or bodily injuries.
IF YOU LIVE IN THE EUROPEAN UNION, REFERENCES TO "SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES" SHALL MEAN ANY LOSSES WHICH
10. Changes to these Terms.
Linksys may change these Terms of Service and recommends that you review them on a regular basis. You can review the most current version of this Agreement, which is always available in the bottom right corner at Linksys Smart Wi-Fi. If Linksys makes a change to the terms it will post the revised terms at the link above. You agree that if you continue to use the Services after this Agreement has been changed, you have agreed to the changed Terms of Service.
11. Arbitration, Waiver of Classwide Arbitration, Governing Law and Venue.
If you are located in the United States, the following clause applies to you:
YOU AND LINKSYS EACH ACKNOWLEDGE AND AGREE THAT ANY CLAIM, DISPUTE OR CONTROVERSY BETWEEN YOU AND LINKSYS ARISING OUT OF OR RELATING TO (1) THIS AGREEMENT, INCLUDING THE VALIDITY OF THIS SECTION, AND (2) YOUR USE OF PRODUCT(S) AND/OR SERVICES UNDER THIS AGREEMENT (COLLECTIVELY, THE "DISPUTE") SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY A MUTUALLY AGREEABLE NATIONALLY RECOGNIZED ARBITRATION AUTHORITY 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 THE SERVICE PROVIDED, IF YOU ARE A CONSUMER AND YOU LIVE IN A COUNTRY WHERE LINKSYS MARKETS OR PROMOTES THE SERVICE, LOCAL LAW MAY REQUIRE THAT CERTAIN CONSUMER PROTECTION LAWS OF YOUR COUNTRY OF RESIDENCE APPLY TO SOME SECTIONS OF THIS AGREEMENT. EACH OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS AND THE UNITED NATIONS CONVENTION ON THE LIMITATION PERIOD IN THE INTERNATIONAL SALE OF GOODS IS HEREBY EXPRESSLY EXCLUDED AND WILL NOT APPLY TO THIS AGREEMENT.
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.
If you are located outside of the United States, the following clause applies to you:
This Agreement will be governed by California law, without reference to conflict of laws principles. The state and federal courts of California shall have non-exclusive jurisdiction over any claim arising under, or in connection with, this Agreement. However, if you are a consumer and you live in a country where Linksys markets or promotes the Service, local law may require that certain consumer protection laws of your country of residence apply to some sections of this Agreement. Each of the United Nations Convention on Contracts for the International Sale of Goods and the United Nations Convention on the Limitation Period in the International Sale of Goods is hereby expressly excluded and will not apply to this Agreement.
12. Other Important Legal Terms
Sometimes when you use the Service, you may use a service which is provided by another person or company. This includes downloading certain apps that are provided by third parties. Your use of these other services and apps may be subject to separate terms between you and the company or person providing the service or app, and you agree that Linksys shall have no liability or obligation relating to those services or apps.
The Service may contain links to other independent third-party websites ("Linked Sites"). These Linked Sites are provided solely as a convenience to you. Such Linked Sites are not under Linksys' control, and Linksys is not responsible or liable for and does not endorse the content or practices of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Trade names, trademarks, service marks, logos, and domain names of each party are considered their respective "Marks." As to Linksys' Marks and the Marks of its suppliers, the Mark owner retains ownership of all proprietary rights in all its Marks associated or displayed with the Services. You may not frame or utilize framing techniques to enclose any Linksys Marks, or other proprietary information (including images, text, page layout, or form) of Linksys without Linksys' express written consent. You may not use any meta tags or any other "hidden text" utilizing Linksys' Marks without Linksys' express written consent.
You agree to use the Service in compliance with all applicable laws. You acknowledge that the Service is subject to U.S. and local export control laws and regulations. You represent that you are not a citizen of an embargoed country or a prohibited end user under applicable U.S. or local export and anti-terrorism laws, regulations and lists. You agree not to export, re-export, divert, transfer or disclose any portion of the Service or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
These Terms of Service, including the documents referred to in these Terms of Service, are the entire agreement regarding the Service and completely replace any prior agreements. Linksys may assign or delegate its obligations under this Agreement either in whole or in part, without your prior consent. You may not assign this Agreement without Linksys' prior written consent.
Neither party will be responsible for failure of performance due to causes beyond its control, like, for example, accidents of God, labor disputes, shortage of materials, acts of terrorism, or the stability or availability of the Internet or a portion of the Internet.
You agree that if Linksys does not exercise or enforce any legal right or remedy which is contained in these terms, this will not be taken to be a formal waiver of Linksys' rights and that those rights or remedies will still be available to Linksys.
If for any reason a provision of these terms is invalid, the remaining provisions will continue to be valid and enforceable.
BELKIN, LINKSYS and many product names and logos are trademarks of the Belkin group of companies. Third-party trademarks mentioned are the property of their respective owners.
© 2015 Belkin International, Inc. and/or its affiliates. All rights reserved.
Updated April 24, 2013