LinkCommand User Manual
28. Refund and Return Policy.
To the extent that you purchase any goods or services directly from us, we will refund you your purchase price
within 30 days of you notifying us in writing of your desire for the refund, together with the reason for the request,
with the product or service returned to us in substantially the same condition as when purchased. Please note ,
however, that certain products and services mentioned on our site are sold by third parties or are linked to third
party Web sites, and we have no responsibility or liability for those products or services. You may request a
concerning our refund and return policy, including our mailing address, by contacting us at
29. Miscellaneous.
This Agreement shall be treated as though it were executed and performed in San Diego, California, and shall be
governed by and construed in accordance with the laws of the State of California (without regard to conflict of law
principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or
services related thereto) must be instituted within one (1) year after the cause of action arose or be forever
waived and barred. All actions shall be subject to the limitations set forth in Section 16 and Section 17. The
language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This
Agreement and all incorporated agreements and your information may be automatically assigned by us in our
sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be
held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining
portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict
or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of
this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our
rights under this Agreement shall survive any termination of this Agreement.
30. Arbitration.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal
action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations,
intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the
commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis,
and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration
shall be conducted in San Diego, California, and judgment on the arbitration award may be entered into any court
having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent
jurisdiction in San Diego, California necessary to protect the rights or property of you and us pending the
completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.
LinkCommand Users Manual
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Revision A 0505