BARTRAC/KLYNKZ TERMS OF USE/LEGAL

BarTrac/Klynkz, Inc. (collectively with its affiliated companies, “BarTrac/Klynkz,” “we,” “us” or ” our“) has created a website at www.BarTrac/Klynkz.com (the “Website” or “Site“) that provides social networking and other services for business professionals.

To assist you in using the Website, we have created (i) these Terms of Use (the “Terms“), and (ii) a Privacy Policy. Our Privacy Policy explains how we treat information that you provide to us through the Website, and our Terms govern your use of our Website and your participation in our Services provided through the Website. Our Terms and Privacy Policy apply to anyone accessing our Website (collectively, “you“), including (a) casual visitors to our Website who do not sign up for an account on the Website (“Site Visitors“), and (b) users who have registered with BarTrac/Klynkz to use the Website (“Registered Users“). The terms “BarTrac/Klynkz,” “we,” ” us” and “our” refer to BarTrac/Klynkz, Inc.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE WEBSITE OR PARTICIPATE IN OUR SERVICES. BY ACCESSING OR REGISTERING TO USE THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT ACCESS OUR WEBSITE OR REGISTER TO PARTICIPATE IN OUR SERVICES.

1. Your Agreement. These Terms govern: (i) your use of the Website; (ii) Registered Users’ receipt of, and participation in, BarTrac/Klynkz’ services offered through the Website, including those set out in Section 2 (Our Services; Overview) (collectively, the “Services“); (iii) Registered Users’ provision of content, including, but not limited to, Listing information and Posts (collectively, “User Content“); and (iv) your use of information obtained through the Website, including information, software, artwork, text, video, audio, pictures, content, trademarks, trade dress and other intellectual property owned by BarTrac/Klynkz or our licensors and made available to you through the Website or Services (collectively, “BarTrac/Klynkz Content“). Please read these Terms carefully; they impose legal obligations on you and on BarTrac/Klynkz, and establish our legal relationship. By using the Services or accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them.

While you can visit the Website and review a range of information about BarTrac/Klynkz, our Website and our Services without registering, to participate in the Services, we require that you become a Registered User. Registered Users are required to confirm their agreement to be bound by these Terms during the registration process (and from time to time as we may require) by clicking an “I Accept” button.

If you are agreeing to these Terms and our Privacy Policy on behalf of a company or other legal entity (your “Organization“), (i) you represent and warrant that you have authority to act on behalf of, and to bind your Organization and (ii) for all purposes in these Terms and the Privacy Policy, the term “you” means your Organization on whose behalf you are acting.

2. Our Services; Overview. The Website provides social networking and other services for business professionals. As a Registered User, you can (i) join a network that includes entrepreneurs, executives, business brokers, investment bankers, and private equity groups; (ii) create a profile to describe you professionally and the business(es) with which you are involved; (iii) follow other Registered Users who sell goods and services that you are interested in and have followers automatically found for you; (iv) create listings for goods and services that you or your Organization are selling (each, a “Listing“) and upload posts regarding topics of interest to you and your followers (each, a “Post“), (v) search Listings on our Site for goods and services that are for sale and review the Posts of other Registered Users; (vi) obtain identity verification services and be able to determine whether other users identities have been verified; (vii) send secure messages to other users, which may be delivered via email (without the sender’s email being displayed); (viii) post information for other users you to review and have that information translated automatically into your followers’ language(s); and (ix) upload contacts from your address book to find and follow people you know who are also Registered Users. Each Registered User will only be granted access to the Website to the extent appropriate for his/her relationship with BarTrac/Klynkz, and only in accordance with Section 5.2 (Grant of Rights to Registered Users).

3. Obtaining a Password; Protecting Your Password.

3.1. Obtaining and Using a Password. Only Registered Users who have a valid password are authorized to access the password-protected areas of the Website. Registered Users must keep in mind that we will treat anyone who uses their user name and password as that user. We will provide this individual with all of the rights and privileges that we provide to that Registered User, and we will hold that Registered User responsible for the activities of a person using the Registered User’s password. We therefore recommend that Registered Users maintain their user name and password in confidence, and that they refrain from disclosing this information to anyone who might “pretend” to be that Registered User with respect to the Website and their participation in the Services. We also ask that Registered Users notify us immediately if they suspect that someone is using their user name and/or password in this or any other inappropriate manner.

4. Ownership; Reservation of Rights. The Website, Services, and associated BarTrac/Klynkz Content are the proprietary property of BarTrac/Klynkz and our licensors, and are protected by U.S. and international copyright and other intellectual property laws, or are used under the principles of fair use. BarTrac/Klynkz and our licensors retain all rights with respect to the Website, Services and BarTrac/Klynkz Content except those expressly granted to you in these Terms.

5. Grant of Rights.

5.1. Grant of Rights to Site Visitors. As a Site Visitor, subject to your compliance with these Terms, you are granted the right to access our Website solely for your personal, non-commercial use. You may not (i) access, view, modify or otherwise use any portion of our Website not made expressly accessible to you, or (ii) modify, copy, distribute or otherwise use the Website, BarTrac/Klynkz Content or Services without our express permission.

5.2. Grant of Rights to Registered Users. As a Registered User, subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, worldwide right to access, execute, display, perform, and otherwise use the Website solely for your personal or your Organization’s internal use of the Services, provided that you shall not: (i) license, sublicense, sell, resell, distribute or otherwise commercially exploit the Website or the Services to any third party; (ii) modify or make derivative works based upon the Website, BarTrac/Klynkz Content, or Services; or (iii) reverse engineer, reverse compile, or access the Website or Services in order to build a competitive product or service. You may access and view certain password-protected areas of our Website for use solely in conjunction with the Services and as provided in these Terms, and you may not otherwise modify, copy, distribute, or otherwise use the Website, BarTrac/Klynkz Content or Services.

5.3. Duration of Rights for Registered Users. As a Registered User, you will continue to enjoy your rights under Section 5.2 (Grant of Rights to Registered Users) for as long as you are a Registered User, unless your password is revoked or suspended, as set out in Section 11 (Monitoring; Revocation or Suspension of Use Privileges).

6. Registered User Grant of Rights.

6.1. Grant of Rights to BarTrac/Klynkz in User Content. By submitting User Content for participation in our Services, you grant BarTrac/Klynkz the right to use, copy, reformat, index, modify, display and distribute your User Content for the purposes of providing our Services. No compensation will be paid with respect to BarTrac/Klynkz’s use of your User Content.

6.2. Rights/Permissions You Must Have in Your User Content. In submitting User Content, you represent and warrant that you have sufficient authority and rights to post such User Content, and to provide the grant of rights to us in Section 6.1 (Grant of Rights to BarTrac/Klynkz in User Content).

6.3. Grant of Rights to other Users in Listings and Posts. By posting a Listing or Post, you agree to allow the Listing or Post, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Site / Services. BarTrac/Klynkz shall have the sole authority to choose the manner in which any Listing or Post will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Site and shall have the right to modify the Listing or Post solely as necessary to its provision of the Site and Services in the exercise of its rights under these Terms.

6.4. Right to Decline User Content. We expressly reserve the right to refuse to use, remove, or disable User Content (including listings) that we conclude, in our sole discretion, violates these Terms or our Privacy Policy, or is incompatible with the purposes of the Website and our Services.

6.5. Registered User Comments/Feedback. Our Website may allow Registered Users to provide comments or feedback regarding our Website and our Services. By providing comments/feedback, you grant us the right to use your comments and feedback for the purposes of improving the Website and our Services.

7. User Content. You represent and warrant (i) that you have all necessary rights and authorizations to post any User Content (including without limitation, Listings and Posts) you post on the Website, and (ii) the accuracy of the information contained in any Listing, Post or other information you provide as part of the User Content. BarTrac/Klynkz does not validate User Content in any way but may, in its sole discretion but without any obligation to do so, remove User Content that is alleged to have been submitted in violation of these Terms. BarTrac/Klynkz may require additional evidence of compliance with this these Terms from users who are alleged to have submitted User Content or other information in violation of these Terms.

8. Payment Obligations.

8.1. You agree to pay BarTrac/Klynkz for the Services using the payment method indicated, and provide BarTrac/Klynkz express authorization to charge said fees as agreed to at the time of registration or renewal. Fees owed depend on the specific type and quantity of Services subscribed to by you from time to time (no payment is required for the Basic Membership). Payment of fees shall not be contingent on any events other than the provision of the subscribed Services. You agree to be responsible for any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts for the Services.

8.2. BarTrac/Klynkz shall notify you electronically 30 days in advance before making any changes to such fees. You will not be entitled to a refund if you do not use Services for which you have previously paid.

8.3. Your subscription to our Services will remain in effect until you cancel it, which you may do at any time by contacting us in accordance with Section 23 (Contact Us). If you subscribe to the Basic Membership for our Services, your cancellation will take effect immediately. If you subscribe to the Pro Membership for our Services, your cancellation will take effect at the end of the then current billing period and you will continue to have access to our Services until then. We will send you a confirmation email when your cancellation is processed. It is your responsibility to promptly provide BarTrac/Klynkz with any contact or billing information changes or updates (including phone number, credit card numbers, email addresses, etc.). Account updates may be made on the Site. We may provide the ability to set up automatic debit or other recurring payment options for payment of your Fees. If you provide financial account information for automatic debit and/or recurring payment of the Fees, authorize BarTrac/Klynkz to debit your credit card, checking or savings account on file for the Fees. We will only use your financial account information as provided in our Privacy Policy.

9. Electronic Communications. You consent to receive communications from us electronically in accordance with our Privacy Policy. We will communicate with you by email or by providing notices via the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that these communications be in writing.

10. Code of Conduct. As a condition to your use of the Website and the Services, you agree to follow our Code of Conduct, set out below. Under this Code, you will not:

Upload, email or otherwise transmit any images or other User Content that is unlawful, obscene, harmful, hateful, invades the privacy of any third party, contains nudity or pornography or is otherwise objectionable.
Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private or sensitive information about another person, without that person’s consent.
Submit material that is intentionally false, defamatory, unlawfully threatening or unlawfully harassing
Subject to the consent of the person concerned, submit, upload, email or otherwise transmit any personally identifiable information, or other materials that reveal personal, private or sensitive information about such person that is inaccurate.
Infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, games, images and text in electronic form – can easily be copied, modified and sent over networks (such as the internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Website without the copyright owner’s permission or without a legitimate “fair use” justification for the transmittal.
Transmit materials that contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.
Use the Website in a manner that could disable, overburden or impair the Website or Services or interfere with any other party’s use and enjoyment of the Website and Services, such as through sending “spam.”
Use the Website to test or reverse engineer the Website in order to find limitations, vulnerabilities or to evade filtering capabilities.
Seek to obtain access to any materials or information through “hacking”, “data harvesting” or through other means we have not intentionally made available to you through the Website.
Use the Website for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website to violate any law, statute or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).

11. Monitoring; Revocation or Suspension of Use Privileges. We reserve the right at any time to (i) monitor your use of the Website, and (ii) terminate or suspend your use of some or all of the Website or Services if you engage in activities that we conclude, in our discretion, breach our Code of Conduct or otherwise violate these Terms or our Privacy Policy. Although we have no – and assume no – obligation to monitor activities on the Website, please understand that we may employ filters designed to detect and block inappropriate content described in our Code of Conduct. We reserve the right to request edits to your submission, to refuse to post or to remove any information or materials, in whole or in part, that we believe, in our sole discretion, is incompatible with our Code of Conduct.

You should also understand that our Code of Conduct is based in many instances on principles of applicable law. Violations of our Code of Conduct accordingly may expose you to criminal charges, and civil liability to harmed parties for compensatory damages and attorney’s fees. BarTrac/Klynkz reserves the right at all times to disclose information it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, consistent with our Privacy Policy.

12. Links to Third-Party Sites. The Website may contain links or produce search results that reference links to third party websites (collectively, “Linked Sites”). BarTrac/Klynkz has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions or materials available on Linked Sites. BarTrac/Klynkz does not endorse the content of any Linked Site, nor does BarTrac/Klynkz warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk.

13. User Disputes. BarTrac/Klynkz is not responsible for and is not liable for the User Content or conduct of Registered Users. You are solely responsible for your User Content, conduct, and interaction with other Registered Users, both online or offline. We have no obligation to become involved in disputes between Registered Users. If you have a dispute with one or more Registered Users, you release BarTrac/Klynkz (and our officers, directors, agents, employees, subsidiaries and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

14. Warranty Disclaimer. BarTrac/Klynkz DOES NOT PROMISE THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT YOU WILL OBTAIN SPECIFIC RESULTS FROM YOUR USE OF THE WEBSITE AND PARTICIPATION IN THE SERVICES OR YOUR USE OF ANY CONTENT, SEARCH OR LINK ON IT. THE WEBSITE, SERVICES AND CONTENT WITHIN, INCLUDING LISTINGS AND POSTS, ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHEN YOU ACCESS THE WEBSITE AND SERVICES, YOU DO SO AT YOUR OWN RISK. BarTrac/Klynkz DOES NOT REPRESENT OR WARRANT THAT MATERIALS YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.

THE INFORMATION PROVIDED ON THE WEBSITE IS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE, NOR IS IT A SUBSTITUTE FOR PROFESSIONAL ADVICE.

BarTrac/Klynkz EXPRESSLY DISCLAIMS: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES AND CONTENT IS AT YOUR SOLE RISK.

15. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL BarTrac/Klynkz BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE WEBSITE, SERVICES OR BarTrac/Klynkz CONTENT. IN NO EVENT SHALL BARTRAC/KLYNKZ’S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO BarTrac/Klynkz FOR THE SPECIFIC SERVICES UPON WHICH THE CLAIM IS BASED.

16. Indemnity. You agree to defend, indemnify and hold BarTrac/Klynkz and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to (i) your breach of these Terms; or (ii) a dispute between you and another user in connection with a listing.

17. Contact Us

17.1. Contact for Alleged Copyright Infringement. BarTrac/Klynkz respects the intellectual property rights of others and requires that its users do the same. If you believe that content on the Website or other activity taking place on the Website constitutes infringement of a work protected by copyright, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, as follows:

Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.

17.2. Report Inaccurate Personally Identifiable Information. If you notice any inaccurate personally identifiable information on our Site that relates to you, please contact us by email or post to the email or postal address stated above.

17.3. General Inquiries. If you have any questions about these Terms, the practices of this Website, or your dealings with BarTrac/Klynkz, please contact us using the contact form at https://Klynkz.com/help/writetous.

18. Modifications to these Terms. We may modify and change these Terms over time. We will not “retroactively” change these Terms, and any modifications we make shall take effect proactively, once you next access the Website. Please feel free to print out a copy of the current Terms for your records.

19. Assignment. These Terms shall not be assignable by you, either in whole or in part. BarTrac/Klynkz reserves the right to assign its rights and obligations under these Terms.

20. General. These Terms shall be governed in all respects by the laws of the State of Texas without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts in the State of Texas, in the judicial district where BarTrac/Klynkz resides. The parties further agree that any cause of action arising under this Agreement shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. BarTrac/Klynkz’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between BarTrac/Klynkz and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.

21. Survival. The following provisions shall survive the termination of these Terms and shall apply indefinitely: (i) Section 4 (Ownership; Reservation of Rights); (ii) Section 9 (Electronic Communications); (iii) Section 13 (User Disputes); (iv) Section 14 (Warranty Disclaimer); (v) Section 15 (Limitation of Liability); (vi) Section 16 (Indemnity); (vii) Section 19 (Assignment); (viii) Section 20 (General); and (ix) Section 21 (Survival).

22. Relationship to Privacy Policy. These Terms must be read in conjunction with our Privacy Policy. The provisions of our Privacy Policy are incorporated herein. To the extent these Terms conflict with the terms of our Privacy Policy, the terms of our Privacy Policy shall control.

23. Effective Date. The effective date of these Terms is April 4, 2020