©Data Link Communications 2026
Terms and Contitions
IMPORTANT -- READ CAREFULLY
Rev 4.0, July 16, 2025
These Terms of Service for Data Link Communications, LLC. (this "Agreement") is a
legal agreement between you (either an individual or an entity that you are
representing, hereinafter "you") and Data Link Communications, LLC. and its suppliers
and licensor s (collectively " Data Link Communications, LLC ") for the Data Link
Communications, LLC Services ("Services"). Your use of the Services constitutes your
agreement to the terms of this Agreement and you acknowledge that Data Link
Communications, LLC would not agree to provide the Services without that assent.
The Services include new products, product changes, upgrades, support and other
services. You may only receive the Services if you are a Service subscriber in good
standing with a valid, authorized payment method on file with Data Link
Communications, LLC. You understand that you must obtain your own Internet
connection in order to use the Services. We do not control your Internet access or the
quality of your Internet connection. WE ARE NOT RESPONSIBLE FOR ANY THIRD
PARTY PRODUCTS OR SERVICES, OR FOR PROBLEMS IN THE SERVICES
CAUSED BY YOUR INTERNET CONNECTION OR THIRD PARTY PRODUCTS OR
SERVICES NOR WILL WE CONTACT ANY OF THESE PROVIDERS ON YOUR
BEHALF.
Administrators on the account have the ability to make changes to the account (e.g.,
service additions, service deletions, assignment of users, updates to credit cards, etc.)
but may not (i) authorize an account cancellation, (ii) designate himself or herself as
the Superuser, or (iii) designate any other user as an administrator.
Should you wish Data Link Communications, LLC to provide information on your
account with respect to a customer service record or actual call log details (other than
through the user interface), such request may be made by the Superuser or any
administrator on the account, but information provided by Data Link Communications,
LLC will only be transmitted to the email address on file for the Superuser.
The Superuser or any other administrator may designate the "Company Contact" for
the account. The Company Contact is the individual who will receive all messages
from Data Link Communications, LLC concerning matters of general relevance to the
account (notices of updates to the account, billing notices, maintenance alerts, etc.),
which such notices are typically provided through electronic mail. Data Link
Communications, LLC will initially assign the Superuser to be the Company Contact.
1. PAYMENT & SERVICES.
1.1 Automatic Monthly Billing.
The Services are provided on a monthly basis, with an automatic monthly renewal
unless you give us seventy-two (72) hours' notice of cancellation prior to a scheduled
billing date in accordance with the requirements of Section 2 below. You agree to pay
Data Link Communications, LLC the recurring monthly service charges, set-up
charges and usage charges, if applicable, for your use of the Services plus any
applicable taxes as set forth in Section 1.4 below.
1.2 Payment Processing.
You agree to provide us with a valid email address and a valid payment method. You
must advise us immediately if your email address changes and/or payment method
changes or expires. Failure to comply may result in the immediate termination of
Services. You authorize Data Link Communications, LLC to automatically bill the credit
card you provided, until you cancel the Services in accordance with the requirements
of Section 2 below. You agree that Data Link Communications, LLC may receive
updated information about your account from the financial institution issuing your credit
card. Under certain circumstances a customer may make payments by check. Those
customers will be charged a $10 per month processing fee and will be required to
maintain a non-interest bearing deposit, to be held on account, in the amount of one
month's total billings. This deposit will be adjusted as service levels increase or decline
and will be refunded, less any past due balance, if you cancel your account.
1.3 Fee Payments & Late Charges.
Except for Invoice based fees, all fees are due in advance on the first day of each
billing period. All usage based charges, and any Invoices non-recurring charges are
due and payable in arrears on the first day of each billing period following the month
they were incurred. You agree to pay for all equipment and set up fees at the time your
request the Services. You agree to pay for the first month of Services upon your
request for such Services. All payments, including payments paid in advance, are
completely non-refundable. Failure to pay in full will result in immediate account
suspension and Data Link Communications, LLC shall have no liability for such
suspension under any circumstances. Accounts will be reactivated, at Data Link
Communications, LLC 's sole discretion, only when the account balance is paid in full
and a $25 reconnect fee is paid. Data Link Communications, LLC will assess an
additional 1.5% (or the highest amount allowed by law, whichever is higher) per month
late charge if your payment is more than 30 days past due. Data Link
Communications, LLC may modify the Service fees at any time, but will provide at
least thirty (30) days advance notice by postal mail, email or by publishing the new
Service fees on the Data Link Communications, LLC website. Should you elect to
make a payment to Data Link Communications, LLC by wire transfer, an additional
charge of $10 shall apply. In the event that you present a check to Data Link
Communications, LLC for payment that is returned by your bank for non-sufficient
funds, you shall pay a processing fee of $25. You are responsible and liable for any
fees, including attorney and collection fees, that Data Link Communications, LLC may
incur in its efforts to collect any remaining balances from you. You also agree that you
will be billed for and will pay any outstanding balances if you cancel the Services.
During any period of suspension for non-payment, Services will be unavailable to you
until the account balance is paid in full. In the event that Data Link Communications,
LLC is providing data backup service, network service, or any other service for Data
Link Communications, LLC is collecting or providing data, to you during a period of
suspension, you will be unable to backup new data or use network service and you will
be unable to access any data or network that have previously been stored or set-up by
Data Link Communications, LLC.
1.5 Invoice Discrepancies & Currency Conversion.
We deliver all invoices through email only. You agree to notify Data Link
Communications, LLC about any billing problems or discrepancies within 30 days after
they first appear on your account statement. If you do not bring them to Data Link
Communications, LLC's attention within 30 days, you agree that you waive your right
to dispute such problems or discrepancies. All transactions are charged in U.S. dollars
(USD). Please remember that orders placed with us will be converted from USD to
your currency by your credit card company when they process the transaction. Data
Link Communications, LLC cannot be held responsible for any adverse currency
fluctuations.
Link Communications, LLC impose service fees on Customer for ancillary services
without providing customer the opportunity to opt-out of the trial and/or to cancel the
ancillary Service during a no-cost trial period.
1.12 Notices from Data Link Communications, LLC.
Data Link Communications, LLC may provide you notice under this Agreement either
by written document, email, voice mail or by publishing the information on the Data
Link Communications, LLC website.
2. CANCELLATION OF SERVICES.
You may cancel the Services at any time by providing Data Link Communications, LLC
with a notice of your intent to cancel at least 72 hours in advance by having the
Superuser complete the input form located at www.DataLinkPage.com/contact/. YOU
MAY ONLY CANCEL SERVICES BY COMPLETING THIS FORM. DATA LINK
COMMUNICATIONS, LLC WILL NOT ACCEPT CANCELLATION VIA TELEPHONE,
EMAIL, FAX OR OTHER METHODS. FAILURE TO CANCEL SERVICES IN
ACCORDANCE WITH THIS SECTION WILL RESULT IN ONGOING SERVICE FEES.
You acknowledge that the cancellation will be effective 72 hours after you provide
notification to Data Link Communications, LLC via the cancellation form. Data Link
Communications, LLC will provide you with email confirmation of both your request to
cancel Services and the actual cancellation of Services. If you do not receive a
confirmation of your request to cancel after submitting the form or if you do not receive
a confirmation of Service cancellation, you must notify Data Link Communications,
LLC by sending an email to my@datalinkpage.com or contacting Data Link
Communications, LLC Customer Care by telephone. You will not receive any refund or
partial refund or any credits for any charges already billed to your account. In the event
you signed up for a minimum commitment period, you will be responsible for all
charges for the entire minimum commitment period, all such fees will immediately
accelerate and you authorize Data Link Communications, LLC to immediately bill all
these fees to your payment method. You understand and agree that cancellation of
your subscription is your sole right and remedy with respect to any dispute with Data
Link Communications, LLC. This includes, but is not limited to, any dispute related to,
or arising out of: (1) any term of this Agreement or Data Link Communications, LLC's
enforcement or application of this Agreement; (2) any policy or practice of Data Link
Communications, LLC, including any Data Link Communications, LLC Privacy Policy,
or Data Link Communications, LLC's enforcement or application of these policies; (3)
the amount or type of fees, applicable taxes, billing methods, or any change to the
fees, applicable taxes, or billing methods.
In the event that you subscribe to ancillary services provided by Data Link
Communications, LLC, your election to cancel all or optional service with Data Link
Communications, LLC shall also cancel such ancillary Services. In the event that Data
Link Communications, LLC is providing data backup, networking service, or other such
ancillary service to you, all of your data, including all network data, will be deleted on
or after the date that you cancel such service, without further notice to you. In the
event that you cancel an end user account within the on-line Web user interface
(located at http://www.datalinkpage.com), the user data associated with such account
on the ancillary service will be automatically deleted.
You may also cancel individual Services on your account at any time by contacting
Data Link Communications, LLC Customer Care during normal business hours. You
acknowledge that the cancellation will be effective on the date you specify but in no
event earlier than 30 days after you provide notification to Data Link Communications,
LLC. You will not receive any refund or partial refund or any credits for any charges
already billed to your account. In the event you signed up for a minimum commitment
period for the Services to be cancelled, you will be responsible for all charges for the
entire minimum commitment period, all such fees will immediately accelerate and you
authorize Data Link Communications, LLC to immediately bill all these fees to your
payment method.
3. Data Link Communications, LLC’s RIGHT TO TERMINATE OR MODIFY
SERVICES.
V Data Link Communications, LLC may modify the terms of this Agreement or the
Services, including but not limited to the price, content or nature of the Services, upon
notice to you. Your continued use of the Services constitutes your agreement to those
modified terms of this Agreement and you acknowledge that Data Link
Communications, LLC would not agree to provide the Services without that assent. In
the event Data Link Communications, LLC modifies the Agreement or the Services,
you may terminate the Services as provided in Section 2, above. Data Link
Communications, LLC may terminate this Agreement and any Services at any time
upon notice to you, provided that in the event you have not violated any term of this
Agreement, you will be entitled to receive the Services for any period for which you
have already paid, or a pro-rata refund at Data Link Communications, LLC sole
discretion. This Agreement will automatically terminate if you Data Link
Communications, LLC fail to comply with any term. No refund will be provided in the
event that you have violated any term of this Agreement. No notice shall be required
from Data Link Communications, LLC to effect such termination. Upon any termination
of this Agreement (whether by you or Data Link Communications, LLC), you shall
immediately discontinue use of the Services. Your obligation to pay accrued charges
and fees shall survive any termination of this Agreement.
In the event that Data Link Communications, LLC terminates this Agreement, the
Services, or any ancillary Services, all of your data, including all recordings, will be
deleted on or after the data that Data Link Communications, LLC cancels such
services, without further notice to you.
4. SERVICE USE RESTRICTIONS.
4.1 Compliance with Laws.
You agree that you shall only use the Services in a manner that complies with all
applicable laws in the jurisdictions in which you use the Services, including, but not
limited to, applicable restrictions concerning copyright and other intellectual property
rights and restrictions concerning call recording, call monitoring, call interception
and/or direct marketing or telemarketing. Data Link Communications, LLC may provide
you with guidelines regarding compliance with applicable regulation(s); however, you
are solely responsible for ensuring that your use of the Services is in compliance with
such regulations. You may only use the Services for your own use. You may not use
the Services in any way to provide, or as part of, any commercial service or application
or in any way interfere with the users, services or equipment of the network. You may
not attempt to, in conjunction with any device, software program or service, circumvent
technological measures employed to control access to the Service. In addition to any
other remedies available in equity or law to Data Link Communications, LLC, failure to
comply with any of the terms and conditions in this Section 4 (Service Use
Restrictions) shall result in immediate termination of the Services.
4.2 Fair Use.
While most reasonable uses of our Services in connection with the terms of this
Agreement are permitted by Data Link Communications, LLC, there are certain uses
that cause extreme network capacity issues and interference with the network. Any
use of the Services or any other action that causes a disruption in the network integrity
of Data Link Communications, LLC services or its vendors, whether directly or
indirectly, is strictly prohibited and could result in termination of the Services. Examples
of such prohibited uses include, but are not limited posting pornographic material on
web hosting page, you agree that you will NOT use the Services in ways that violate
laws, infringe the rights of others, or interfere with the users, services, or equipment of
the Services. You agree and represent that you are purchasing the Services and/or the
equipment for your own internal use only, and shall not resell, transfer or make a
charge for the Services or the equipment without the advance express written
permission of Data Link Communications, LLC.
We reserve the right to at any time to enforce this policy in accordance with its terms.
You agree that your level of usage of Data Link Communications, LLC ' unlimited
service plans will be comparable to that of the average small business customer
utilizing such plans. Data Link Communications, LLC deems usage that substantially
exceeds the average volume of its other unlimited usage plan customers as abusive.
You agree that Data Link Communications, LLC has the right to terminate your service
or charge you additional fees if your usage is considered abusive in the sole discretion
of Data Link Communications, LLC.
5. PERSONAL INFORMATION AND PRIVACY.
Data Link Communications, LLC utilizes the public Internet and third party networks to
provide voice and data services. Accordingly, Data Link Communications, LLC cannot
guarantee the security of your voice and data communications. Data Link
Communications, LLC is committed to respecting your privacy. If you choose to
provide personal information, it will only be used in the context of your relationship with
Data Link Communications, LLC. Data Link Communications, LLC’s will not sell, rent,
or lease your personal information to others. Unless required by law, subpoena, court
order, warrant or other valid government request, Data Link Communications, LLC will
only share the personal information you provide with other Data Link Communications,
LLC entities and/or business partners that are acting on Data Link Communications,
LLC's behalf to perform the activities described herein and in accordance with the Data
Link Communications, LLC Privacy Policy. Such Data Link Communications, LLC
entities and/or national or international business partners are subject to Data Link
Communications, LLC’s Privacy Policy with respect to the use of this data. Upon the
appropriate request of a government agency, law enforcement agency, court or as
otherwise required by law, Data Link Communications, LLC may disclose personally
identifiable information.
6. E-MAIL NOTIFICATION.
To let you know what new Services are available from time to time, Data Link
Communications, LLC may send you and your employees emails describing the latest
Services, how to access the Services and changes to the Services. You agree that as
a Service subscriber, Data Link Communications, LLC may send you such emails to
the addresses you provide. Because these emails are necessary for you to receive the
Services, you will receive these emails even if you have opted out of receiving other
email from Data Link Communications, LLC. If you do not want to receive these
emails, you may cancel the Service at any time as provided in this Agreement.
8. DISCLAIMER OF WARRANTY & LIMITATION OF LIABILITY.
THE SERVICES ARE PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Data Link
Communications, LLC FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. YOU
ASSUME THE ENTIRE RISK ARISING OUT OF THE USE OF THE SERVICES. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
DATA LINK COMMUNICATIONS, LLC OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR
OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER
PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR
INABILITY TO USE THE SERVICES EVEN IF DATA LINK COMMUNICATIONS, LLC
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE
AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH DATA LINK
COMMUNICATIONS, LLC RELATED TO THIS AGREEMENT OR THE
SERVICES/CONTENT SHALL BE CANCELLATION OF THE SERVICES. IN THE
EVENT A COURT AWARDS DIRECT DAMAGES DESPITE THE FOREGOING, SUCH
DAMAGES SHALL NOT EXCEED THE LESSER OF $250.00 OR THE AMOUNT YOU
PAID TO DATA LINK COMMUNICATIONS, LLC WITHIN THE LAST SIX MONTHS.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. DATA LINK
COMMUNICATIONS, LLC DOES NOT ENDORSE, WARRANT OR GUARANTEE
ANY CONTENT PROVIDED BY OR THROUGH DATA LINK COMMUNICATIONS,
LLC.
9. INDEMNIFICATION.
You agree to hold harmless, indemnify and defend DATA LINK COMMUNICATIONS,
LLC, its officers, directors, employees, and suppliers from and against any losses,
damages, fines and expenses (including attorneys' fees and costs) arising out of or
relating to any claim that you have violated any term of this Agreement, including,
without limitation, the requirements set forth in Section 4.1 of this Agreement.
10. NO ASSIGNMENT.
This Agreement is personal to you (or the company which you represent), and may not
be assigned without Data Link Communications, LLC's express written consent. If you
are agreeing on behalf of a company, you represent that you are authorized to bind the
company under this Agreement.
11. OTHER IMPORTANT PROVISIONS.
11.1 Dispute Resolution.
Purpose. If you have a Dispute (as defined below) with Data Link Communications,
LLC that cannot be resolved through an informal dispute resolution with Data Link
Communications, LLC, you or Data Link Communications, LLC may elect to arbitrate
that Dispute in accordance with the terms of this Dispute Resolution provision rather
than litigate the Dispute in court. Arbitration means you will have a fair hearing before a
neutral arbitrator instead of in a court by a judge or jury.
Definitions. The term "Dispute" means any dispute, claim, or controversy between
you and Data Link Communications, LLC regarding any aspect of your relationship
with Data Link Communications, LLC, whether based in contract, statute, regulation,
ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent
inducement, negligence, or any other intentional tort), or any other legal or equitable
theory, and includes the validity, enforceability or scope of this Dispute Resolution
provision (with the exception of the enforceability of the class action waiver clause
provided in this paragraph). "Dispute" is to be given the broadest possible meaning
that will be enforced. As used in this Dispute Resolution provision, " Data Link
Communications, LLC " means Data Link Communications, LLC, and its parents,
subsidiaries and affiliated companies and each of their respective officers, directors,
employees and agents.
Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or Data Link
Communications, LLC elect to resolve your Dispute through arbitration pursuant to this
Dispute Resolution provision, the party initiating the arbitration proceeding may initiate
the arbitration proceeding with American Arbitration Association ("AAA"), 335 Madison
Ave., Floor 10, New York, NY 10017-4605, 1-800-778-7879, www.adr.org under the
Commercial Arbitration Rules of the AAA.
Arbitration Procedures. Because the Service(s) provided to you by Data Link
Communications, LLC concerns interstate commerce, the Federal Arbitration Act
("FAA"), not state arbitration law, shall govern the arbitration of all Disputes. However,
applicable federal law or the law of the state where you receive the service from Data
Link Communications, LLC may apply to and govern the substance of any Disputes.
Any state statutes pertaining to arbitration shall not be applicable under this Dispute
Resolution provision.
If there is a conflict between this Dispute Resolution provision and the rules of the
arbitration organization chosen, this Dispute Resolution provision shall govern. If the
arbitration organization that you select will not enforce this Dispute Resolution
provision as written, it cannot serve as the arbitration organization to resolve your
dispute with Data Link Communications, LLC. If this situation arises, the parties shall
agree on a substitute arbitration organization. If the parties are unable to agree, the
parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration
organization that will enforce this Dispute Resolution provision as written. If there is a
conflict between this Dispute Resolution provision and the rest of this Agreement, this
Dispute Resolution provision shall govern.
A single arbitrator will resolve the Dispute. You should know that participating in
arbitration may result in limited discovery depending on the rules of the arbitration
organization that is chosen to resolve the Dispute. The arbitrator will honour claims of
privilege recognized by law and will take reasonable steps to protect customer account
information and other confidential or proprietary information.
The arbitrator will make any award in writing but need not provide a statement of
reasons unless requested by a party. An award rendered by the arbitrator may be
entered in any court having jurisdiction over the parties for purposes of enforcement.
If an award granted by the arbitrator exceeds $75,000, either party can appeal that
award to a three-arbitrator panel administered by the same arbitration organization by
a written notice of appeal filed within thirty (30) days from the date of entry of the
written arbitration award. The members of the three-arbitrator panel will be selected
according to the rules of the arbitration organization. The arbitration organization will
then notify the other party that the award has been appealed. The three-arbitrator
panel will issue its decision within one hundred and twenty (120) days of the date of
the appealing party's notice of appeal. The decision of the three-arbitrator panel shall
be final and binding, except for any appellate right which exists under the FAA.
Restrictions: YOU MUST CONTACT US WITHIN THREE (3) MONTHS OF THE
DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A
DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON
SUCH EVENT, FACTS, OR DISPUTE.
ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE
SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR
LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES
INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY
ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY
GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS SIMILARLY SITUATED
UNLESS THE STATUTE UNDER WHICH YOU ARE SUING PROVIDES
OTHERWISE.
ALL PARTIES WAIVE ANY CLAIM TO INDIRECT, CONSEQUENTIAL, PUNITIVE,
EXEMPLARY, OR MULTIPLIED DAMAGES ARISING FROM OR OUT OF ANY
DISPUTE WITH Data Link Communications, LLC UNLESS THE STATUTE UNDER
WHICH THEY ARE SUING PROVIDES OTHERWISE.
Location of Arbitration. The arbitration will take place in the City of Atlanta, State of
Georgia.
Payment of Arbitration Fees and Costs. THE PARTY INITIATING THE
ARBITRATION WILL ADVANCE ALL ARBITRATION FILING FEES AND
ARBITRATOR'S COSTS AND EXPENSES. EACH PARTY IS RESPONSIBLE FOR
ALL ADDITIONAL COSTS SUCH PARTY INCURS IN THE ARBITRATION,
INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' OR EXPERT WITNESSES. IF
THE ARBITRATION PROCEEDING IS DECIDED IN FAVOUR OF THE PARTY
INITIATING THE ARBITRATION, THE OTHER PARTY SHALL REIMBURSE THE
FEES AND COSTS ADVANCED ONLY UP TO THE EXTENT AWARD ABLE IN A
JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING IS NOT
DETERMINED IN FAVOUR OF THE PARTY INITIATING THE ARBITRATION, THE
OTHER PARTY SHALL NOT BE REQUIRED TO REIMBURSE THE OTHER FOR
ANY OF THE FEES AND COSTS ADVANCED BY Data Link Communications, LLC. IF
A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-ARBITRATOR PANEL, THE
PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL
REASONABLE ATTORNEYS' FEES AND COSTS INCURRED IN THAT APPEAL.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION
PROVISION, Data Link Communications, LLC, WILL PAY ALL FEES AND COSTS
THAT IT IS REQUIRED BY LAW TO PAY.
Sever ability. If any clause within this Dispute Resolution provision (other than the
class action waiver clause identified above) is found to be illegal or unenforceable, that
clause will be severed from this Dispute Resolution provision, and the remainder of
this Dispute Resolution provision will be given full force and effect. If the class action
waiver clause is found to be illegal or unenforceable, the entire Dispute Resolution
provision will be unenforceable, and the dispute will be decided by a court.
In the event this entire Dispute Resolution provision is determined to be illegal or
unenforceable for any reason, or if a claim is brought in a Dispute that is found by a
court to be excluded from the scope of this Dispute Resolution provision, you and Data
Link Communications have each agreed to waive, to the fullest extent allowed by law,
any trial by jury.
Exclusions from Arbitration. YOU AND DATA LINK COMMUNICATIONS AGREE
THAT THE FOLLOWING WILL NOT BE SUBJECT TO ARBITRATION: (1) ANY
DISPUTE OVER THE VALIDITY OF ANY PARTY'S INTELLECTUAL PROPERTY
RIGHTS; AND (2) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS
ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF A SERVICE.
Continuation. This Dispute Resolution provision shall survive the termination of your
customer relationship with Data Link Communications, LLC.
11.2 Complete Agreement.
This Agreement shall constitute the complete and exclusive agreement between us,
notwithstanding any variance with any purchase order or other written instrument
submitted by you, whether formally rejected by Data Link Communications, LLC or not.
The acceptance of any purchase order is expressly made conditional on your consent
to the terms set forth herein and any additional terms in your purchase order or similar
document shall be null and void. The terms and conditions contained in this Agreement
may not be modified by you except in a writing duly signed by you and an authorized
representative of Data Link Communications, LLC. If any provision of this Agreement is
held to be unenforceable for any reason, such provision shall be reformed only to the
extent necessary to make it enforceable, and such decision shall not affect the
enforceability of such provision under other circumstances, or of the remaining
provisions hereof under all circumstances. This Agreement will not be governed by the
United Nations Convention of Contracts for the International Sale of Goods, the
application of which is hereby expressly excluded. Data Link Communications, LLC is
not liable for editorial, pictorial, or typographical errors in this communication.
13. CONSENT TO USE OF ELECTRONIC SIGNATURES AND RECORDS
As a convenience and courtesy to you, DATA LINK COMMUNICATIONS. LLC provides
access to its Services on-line which may require you to enter into agreements or
receive notices electronically. Accordingly, you acknowledge and agree that by clicking
"I Agree" or "I Accept" anywhere on a DATA LINK COMMUNICATIONS. LLC website:
13.1 You agree to conduct electronically the particular transaction into which you
thereby enter including, without limitation, entering into this Agreement;
13.2 You have read and understand the electronic copy of electronic contracts, notices
and records, including, without limitation, this Agreement, and any policies and any
amendments hereto or thereto;
13.3 You agree to, and intend to be bound by, the terms of the particular transaction
into which you thereby enter;
13.4 You are capable of printing or storing a copy of electronic records of transactions
into which you enter including, without limitation, this Agreement and any amendments
hereto; and,
13.5 You agree to receive electronically information about the Services and other
electronic records into which you thereby enter including, without limitation, this
Agreement.
14. VENUE/GOVERNING LAW
This Agreement will be governed by and construed in accordance with the laws of the
State of Arizona without regard to conflicts-of-laws principles. By using the Services,
you hereby agree that the exclusive jurisdiction for any and all disputes regarding
these Terms shall lie in the federal, state, and local courts of Marcopa County, Arizona.
Rev 4.0, July 16, 2025