Legal

  • Terms and Conditions of Use
  • Terms and Conditions of Sale

Terms and Conditions of Use

AlphaLine Inc., doing business as Line (“Line”, “us”, “we” or “our”), offers Line products (“Products”) via the website hosted at the URL https://www.linedock.co (the “Site”). Line owns and operates the Site. These website terms and conditions of Use (“Terms and Conditions of Use”) regulate your use of the Site. These Terms and Conditions of Use form a binding agreement between you, visitor and/or user of this Site (“you”) and us.

BY ACCESSING OR USING THE SITE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREEE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE AND TO THE COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION AS SET FORTH IN OUR PRIVACY POLICY, WHETHER OR NOT YOU ARE A REGISTERED USER OF OUR SITE OR ANY SERVICES.

If you do not agree with these Terms and Conditions of Use, you should not use the Site.

ACCESS TO OUR SITE AND TOOLS

GENERAL

Purposes

We use the Site to promote and provide information on Line’s Products and allow you to purchase Line’s Products online. Specific sections in our Site may contain additional functionalities. For example, you may be able to buy a product on our Site only during one of our flash sales, you will be able to submit an online request to be inserted in our specific mailing lists to join our next flash sale if there is no flash sale when you visit our Site, and/or receive newsletters relating to Line’s Products and initiatives. Such sections, including but not limited to the section to allow you to purchase Line’s Products online, will be regulated by specific terms and conditions. We, thus, invite you to review such specific terms and conditions, when applicable.

Eligibility

To use the Site, you must be the age of majority in your jurisdiction and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and Conditions of Use and to abide by and comply with these Terms and Conditions of Use. You represent that you meet the eligibility requirements in this Section. In any case, you affirm that you are over the age of 13 years old, as our Site is not intended for children under 13 years old. If you are using this Site or opening an account on behalf of a third party, company, entity or organization, your use of the Site constitutes that third party’s acceptance of these Terms and Conditions of Use. We reserve the right to revoke your ability to access our products offered on the Site for any reason, at any time including as a result of a violation of these Terms and Conditions of Use or Privacy Policy without notice.

License to use this site

Subject to your compliance with these Terms and Conditions of Use, we grant you a limited, non-exclusive, non-sub licensable, non-transferable, and revocable right to access the Site and access the Products offered on this Site for your personal, non-commercial use, and as we otherwise intend. We reserve the right to monitor your use of the Site for the purpose of determining that your usage complies with these Terms and Conditions of Use.

Prohibited Conduct

In order to use this Site or the Products offered by this Site, you agree not to engage in any of the following prohibited activities:

  1. Copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”;
  2. Using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site in a manner that sends more request messages to the Line servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Line grants the operators of public search engines revocable permission to use spiders to copy materials from our Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
  3. Transmitting spam, chain letters, or other unsolicited email;
  4. Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
  5. Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
  6. Uploading invalid data, viruses, worms, or other software agents through the Site or Services;
  7. Collecting or harvesting any personally identifiable information, including account names, from the Site;
  8. Using the Site for any commercial solicitation purposes;
  9. Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
  10. Interfering with the proper working of the Site;
  11. Accessing any content on the Service through any technology or means other than those provided or authorized by the Site; or
  12. Bypassing the measures, we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein.

We may, without prior notice, change the Site; stop providing any Products or features of the Site, to you; or create usage limits for the Site.

ACCOUNT REGISTRATION AND USE

Site Subscription; Account Registration

You may be able to purchase any Product made available through the Site during one of our flash sales only (each such purchase, a “Transaction”). You may create an account or proceed as guest. In any situation, you will have to provide us with complete and accurate required personal information in order to complete your Transaction. You must promptly update such information to keep it complete and accurate. By creating an account, you represent and warrant that all required account information you submit is truthful and accurate and that you will maintain the accuracy of such account information.

Security of your account

You are entirely responsible for maintaining the confidentiality of your passwords and will be solely liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your passwords or account, either with or without your knowledge. You will also be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Line or a third party due to someone else using your passwords or account. You agree to notify us immediately of any unauthorized use of your account or any breach of security.

USER CONTENT

DEFINITIONS

Any text, photographs, artwork, ideas, questions, reviews, comments, suggestions or other content that you submit or post to the Site or otherwise provide to us are referred to as “User Content”. You retain ownership of your User Content.

LICENSE GRANT

By sharing, submitting or uploading any User Content, you grant Line a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, display, publish, perform, sell, transmit, adapt, translate, modify, reverse-engineer, disassemble and create derivative works from your User Content in any manner existing now or created in the future.

YOUR RESPONSIBILITY FOR USER CONTENT

You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal. You agree that you are solely responsible for all User Content that you post on the Site. Accordingly, you represent and warrant that (1) you have all rights, licenses, consents and releases necessary to grant us the required rights to disseminate any User Content and (2) neither your User Content nor your posting of your User Content or our use of your uploaded User Content on the Site, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or any other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.

NO OBLIGATION REGARDING USER CONTENT

We will not have any obligation to hold any User Content in confidence or compensate you or anyone else for its use. We have the right to remove or edit any User Content for any reason or no reason at all.

INTELLECTUAL PROPERTY; THIRD PARTY CONTENT

Intellectual property rights, LINE content

All content (other than User Content) on the Site or otherwise made available via the Site, including the text, notes, graphics, photos, sounds, music, videos, interactions and the like (“Content”), the trademarks, service marks and logos contained therein (“Marks”), the design of the Site (“Site Design”), and all software and other technology used to provide the Site (“Technology”), are owned by or licensed to Line and/or its affiliates. Content is provided to you “as is” for your information and personal use only and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. We reserve all rights not expressly granted in and to the Site, Content, Marks, Site Design and Technology. Using the Site and/or Services does not give you any ownership of or right in or to any Content, Marks, Site Design and Technology.

Third-party content

The Site may contain links to and content from third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Line. Line does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Site, you do so at your own risk, and you understand that this Terms and Conditions and Privacy Policy do not apply to your use of such sites. You expressly relieve Line from any and all liability arising from your use of any third-party website, service, or content.

WARRANTIES AND DISCLAIMERS

NO WARRANTIES

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, AND ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRIGEMENT.

USE OF SITE IS AT YOUR OWN RISK

LINE DOES NOT REPRESENT OR WARRANT THAT THE SITE OR EMAILS SENT TO YOU WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT ALL INFORMATION WILL BE ACCURATE OR COMPLETE. YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA. WE WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CONTENT ON THE SITE, ANY LINKS TO THIRD-PARTY WEBSITES OR ANY THIRD-PARTY WEBSITES.

RIGHTS MAY VARY FROM STATE TO STATE

Some States do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. Your rights may vary from state to state. To the extent that we may not, as a matter of law, disclaim any implied warranty, the scope and duration of such warranty will be the maximum permitted under such applicable law.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LINE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, LOSS OF DATA OR FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, EVEN IF LINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THIS DISCLAIMER SHALL APPLY REGARDLESS OF THE NATURE OF YOUR CLAIM, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTES OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Line and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms and Conditions of Use; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; (vi) any other party’s access and use of the Site with your unique username, password or other appropriate security code or (vii) alleging bodily injury, death, property damage or other damages arising from your or a third party’s use or misuse of any Product purchased by you on the Site.

INDEMNIFICATION USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms and Conditions of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address, to send you other messages, including information about the us and special offers. You may opt out of such email by changing your account settings or sending an email to hi@linedock.co. Opting out may prevent you from receiving messages regarding Line or special offers.

COPYRIGHT INFRINGEMENT; NOTICE AND TAKE DOWN PROCEDURES

We respect the intellectual property of others and we expect our users of our Site to do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site and Services who are repeat infringers of intellectual property rights, including copyrights, in compliance with the Digital Millennium Copyright Act of 1998 (“DMCA”).

If you believe that one of our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, please complete the following DMCA Notice and deliver it to our designated Copyright Agent:

  1. your physical or electronic signature;
  2. identification of the copyrighted work(s) that you claim to have been infringed;
  3. identification of the material on our services that you claim is infringing and that you request us to remove;
  4. sufficient information to permit us to locate such material;
  5. your address, telephone number, and e-mail address;
  6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

The designated Copyright Agent for Line is: Attn: DMCA Notice Address: 1702-L Meridian avenue, Suite 204, San Jose, CA 95125 Email: admin@linedock.co

TERM AND TERMINATION

TERM AND TERMINATION

These Terms and Conditions will become effective and binding when you use our Site and until terminated by you or us. We reserve the right to terminate these Terms and Conditions of Use, your Account, and your access to the Site and Services at any time without notice and without liability to you. You may also delete your Account at any time, for any reason, by following the instructions on the Site.

SUSPENSION OR TERMINATION

We may deny your access to your Account, Site at any time for any reason (such as breach of these Terms and Conditions of Use) or no reason. If we terminate for no reason, we will fulfill our obligations related to any order outstanding at the time of termination or will refund you the order, if applicable.

MISCELLANEOUS MATTERS

FORCE MAJEURE

We shall not be liable for damages for any delay or nonperformance resulting from a) delays in receipt of final specifications, information, or instructions from you, (b) changes in specifications or instructions, or (c) force majeure, including without limitation, acts of God, strikes, riots, labor disturbances, material shortages, nonperformance by subcontractors or suppliers, abnormal manufacturing conditions or costs, delays or failures of carriers or communications, fire, flood, storms, ice, snow, accident, war, explosion, accidents, epidemics, governmental orders or regulations or inability to secure any necessary governmental or other permits, court orders, or any other reason beyond our reasonable control.

GOVERNING LAW; VENUE

These Terms and Conditions of Use and any disputes arising out of your use of the Site, shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of law provisions thereof. Any litigation, suit or other proceeding regarding the rights or obligations of the parties hereunder shall be conducted exclusively before the state and federal courts in and for San Francisco County, California, and the parties specifically consent to the venue of San Francisco. The United Nations Convention on Contracts for The International Sale of Goods, the Uniform Law on the Formation of Contracts for the International Sale of Goods, and any international discovery and service of process conventions will be inapplicable.

SEVERABILITY

Each of these Terms and Conditions of Use is severable from the others, and Line’s rights and remedies herein are cumulative and in addition to those available at law or in equity. In the event that any portion of these Terms and Conditions of Use is determined in any suit or proceeding to be invalid or unenforceable, such determination shall not affect the remaining Terms and Conditions, all of which shall remain valid and enforceable.

WAIVER

A waiver of any condition or default is not a waiver of any subsequent default.

NOTICES

All notices and communications to be given under these Terms and Conditions of Use shall be in writing and (i) if to Seller, delivered personally or sent by pre-paid, first class certified or registered mail, return receipt requested or by overnight courier, to 1702-L Meridian avenue, Suite 204, San Jose, CA 95125, Attn: Legal Notices; or (ii) if to you, by email.

INTERNATIONAL USE

We control and operate the Site from the United States. We make no representation that the Site is appropriate for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

ASSIGNMENT

You may not assign or otherwise transfer any rights hereunder without our prior consent, and any such attempt is void. These Terms and Conditions of Use are binding upon and for the benefit of the respective successors and assigns of the parties hereto.

ENTIRE AGREEMENT

These Terms and Conditions of Use constitute the entire Agreement between us and you and expressly supersede and replace any prior or contemporaneous agreements, whether written or oral, relating to the governing order acknowledgement, including any terms and conditions on any of other documents or purchase orders and any prior offers by trade show representatives and demonstrators. This Agreement shall be binding upon the parties and their respective successors and assigns. If any provision of this agreement is held to be invalid or unenforceable, that provision shall be severed from the Agreement and the remainder of the Agreement shall remain in full force and effect. Last Updated on August 30, 2019.

Terms and Conditions of Sale

These terms and conditions of Sale (“Terms and Conditions of Sale”) apply to the purchase of Line hardware product and/or software (all together the “Product(s)”) sold by AlphaLine, Inc. doing business as (“Line”, “us”, “we” or “our”) on our website located at https://www.line.co (the “Site”). Product shall mean any Line branded hardware or software that Line provides to you under these Terms and Conditions of Sale. These Terms and Conditions of Sale form a binding agreement between you, visitor, user of this Site (“You”) and us. “Flash Sale(s)” shall mean any Sale made by Line to you on our Site for a short period of time.

BY PURCHASING ANY PRODUCT LISTED ON OUR SITE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREEE TO BE BOUND BY THESE TERMS AND CONDITIONS OF SALE AND TO THE COLLECTION, USE AND DISCLOSURE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION AS SET FORTH IN OUR PRIVACY POLICY, WHETHER OR NOT YOU ARE A REGISTERED USER OF OUR SITE.

If you do not agree with any of these Terms and Conditions of Sale or our Privacy Policy, you should not use the Site or make a purchase using the Site. These Terms and Conditions of Sale are subject to change, in our discretion. Any amendments to these Terms and Conditions of Sale will take effect from posting on the Site. Because the Terms and Conditions of Sale may have changed, you should review the Terms and Conditions of Sale each time you make an order. The Terms and Conditions of Sale which apply at the time you place an order are the Terms and Conditions of Sale that will govern that purchase.

ORDER AND ACCEPTANCE

PLACING AN ORDER.

You may buy a Product

    1. Directly on our Site if you visit our Site during one of our Flash Sales, or;
    2. Subscribe to our mailing list to join our next Flash Sale. We will then send you an invitation via email to our next Flash Sale, so you can join the Flash Sale and submit an order on our Site if you want to purchase a Product, in accordance with any purchasing instructions published on the Site.

       

      When your order is completed, you will be provided with an email confirming the details of your order, pending delivery. If you do not receive an email, contact us at hi@linedock.co before you try to place another order for the same Product. When your order ships, you will be provided with a second email attaching your receipt and providing you with an estimated date of delivery and a link to track and trace your order. Your receipt, not your order confirmation, is your proof of purchase. Keep it in a safe place as it is required for any warranty claims.

      Subject to any quantity restrictions that may be published on the Site or otherwise notified to you, you may order as many Products as you wish in one order. If, however, you elect to place multiple, separate orders, a separate delivery fee (where applicable) will apply to each order. All orders for Products purchased under these Terms and Conditions of Sale are for personal, non-commercial use only and must not be resold.

ACCEPTANCE

Orders are subject to line’s acceptance and may be refused by line, at our discretion, at any time, for example in cases where:

    1. Orders cannot be processed due to an error in the information you have provided;

    2. There is an error on the webpage relating to the Products that you have ordered (genuine human or system error including error related to the price or description of the Product displayed for example);

    3. The Products you have ordered are no longer available through the Site.

REJECTION

If we reject an order, Line will contact you. If your order has been affected by the error, we will either issue a refund or place your order on backorder (if applicable) for delivery once the Product becomes available. We will not be liable to you for any loss you or any third party suffers for a delay or failure to process your order or deliver products due to inaccurate or incomplete details being provided by you in an order.

PRICE AND PAYMENT

PRICE

When you place an order, we will charge you, and you agree to pay:

  1. the purchase price for each product ordered; and
  2. any applicable shipping fees, in the amounts specified on the Site.

All prices and shipping fees are expressed in U.S. Dollars, and are inclusive of any applicable sales, use, value added, revenue or excise tax, customs, import/export, or other tax, fees, or other charges of any nature imposed by any public authority (national, state, local or other) applicable to the Products supplied hereunder.

Advertised prices may change.However, if you have already placed an order, the price that applies is the price specified at the time your order was completed (unless section 1.2 applies).

PAYMENT METHODS

Payment methods are specified on the Site. The name on any credit card used for payment must match the name on the order. If your payment cannot be processed, your order will be rejected, and you will be prompted to review the details provided or use an alternate payment method.

PROMOTIONAL DISCOUNT

If you have a promotional/discount/coupon code, you will be prompted to enter the code at the checkout and this will generate a discount from your order value or add an incentive. It is your responsibility to ensure that the code is valid and that you enter the code or advise your customer service representative prior to finalizing your order. Codes may be subject to separate terms and conditions of use, are only valid for limited times, and cannot be used in conjunction with any other offer or discount. If you are unable to use a promotional code, please contact us at hi@linedock.co.

PAYMENT REPRESENTATIONS AND WARRANTIES

You represent and warrant that in paying or attempting to pay for Products using the Site, you are not engaged in any fraudulent conduct or contravening any applicable state or federal laws.

PRODUCTS AVAILABILITY AND DESCRIPTION

WITHDRAWAL OR SUSPENSION OF PRODUCTS

We may withdraw or suspend from sale any Product displayed on the Site, either temporarily or permanently. If we withdraw or suspend from sale a Product after your payment has been processed, we will contact you and provide you with a full refund of any money paid.

PRICING CHANGES OR ERRORS

We reserve the right to change the prices and available Products. We may occasionally make errors in the stated prices on this Site. If a Product’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.

PRODUCTS DESCRIPTION

We have made reasonable efforts to ensure that Product information is accurate and to display as accurately as possible the colors of our Products, however we cannot guarantee that your screen's display will accurately reflect the color of the Product on delivery. You acknowledge and agree that images of products are for illustrative purposes only and that any accessory featured with a Product may be sold separately.

ERRORS ON SITE

We try to make the Site thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Site may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by changing information on the Site or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice.

DELIVERY, INSPECTION

SHIPPING FEES

Products will not be dispatched for delivery until after full payment, inclusive of any applicable shipping fees, has been received. Shipping fees will depend on the value of your order and the country to which the Product is being shipped. Any customs duties that may be imposed on the deliveries will be paid by you. If you do not agree to pay the delivery fee, you should not complete your order.

DELIVERY ADDRESS

Delivery will be made to the address specified in the purchase order. If you need to change the delivery address, please contact Customer Service at hi@linedock.co as soon as possible and we will do our best to redirect your order. However, we will not be liable for any loss you or any third party suffer as a result of our inability to execute your request to change the delivery address.

NO GUARANTEE ON DELIVERY DATES

All delivery and shipment dates stated are approximations only, not guarantees, and are subject to Product availability. Line is not responsible for any damages due to delays or failure to meet a stated delivery schedule. You will, however, be provided with a track and trace link once your order has shipped, which will provide an estimated delivery date and details of how and when to contact us to follow up on the status of your order. A signature on delivery may be required.

RISK OF TITLE AND RISK OF LOSS

Ownership of and risk in the Products you have ordered will pass to you at the time we deliver the Products to the common carrier for shipment. By purchasing Products on the Site for shipment, you are asking us to engage a common carrier to deliver your order. We reserve the right to choose any and all procedures, packaging and the common carrier of such sold Products.

SOFTWARE

Any software that is part of your purchase will have its own license agreement, including any open source provisions.

DAMAGE OR INCOMPLETE SHIPMENT

You may return for a full refund or exchange your Product if you receive a damaged or incomplete shipment of Products or if the Product you received is not the Product you originally ordered (all together “Damaged Product”). Line must be notified of a damaged or incomplete shipment within 15 days of receipt (as shown on by our common carrier’s shipping information), by contacting Customer Service. We will accept exchanges or returns for a refund in accordance with the return policy set forth below in sub section 5.2. Provided that we confirm that your Product was a Damaged Product and was returned in accordance with the return procedures below, your sole and exclusive remedy is that we will either allow a full refund of the Product or an exchange.

CHANGES AND CANCELLATION

Products changes, cancellation before product has been dispatched

You can make changes to or cancel your order at any time before your order has been processed. To make changes to your processed order, please contact Customer Service.

Products changes, cancellation after product has been dispatched

If your order has already been dispatched, you will only be able to cancel your order and request a full refund within 15 days of delivery such as mentioned in the Return policy mentioned in Sub Section 5.2 below. To exercise your right to cancel, you must inform us on your decision to cancel your order by contacting our Customer Service. You must then send us back the Product in accordance with the return policy procedure mentioned in Sub Section 5.2 below. Please note that this cancellation policy does not apply to (i) any Product already opened and/or used or (ii) any Product damaged or shipped incorrectly.

RETURN POLICY FOR PRODUCTS

RETURN POLICY

We will accept returns only for a full refund or an exchange and only in accordance with the return procedure below. Provided that Line confirms that your Product was returned in accordance with the return procedure below, your sole and exclusive remedy is that we will either (i) ship you an identical Product for an exchange or (ii) issue you a full refund in the amount charged for the applicable Product; provided that the credited amount will not include the applicable delivery fee you would have to pay when you return the Product to us, which is nonrefundable.

DAMAGED PRODUCTS

If the Product arrives damaged or if the Product you received is not the Product you originally ordered, we will accept returns within fifteen (15) days upon the delivery of the Product and in accordance with the returned procedure below. Provided that Line confirms that your Product was returned in accordance with the return procedure below, you sole and exclusive remedy is that we will issue you a refund in the amount charged for the applicable Product. In the case of a return for a Damaged Product exclusively, Damaged Product shall be shipped back to us freight and delivery prepaid by us.

RETURN PROCEDURE

If you intend to return a Product, you must contact our Customer Service at hi@linedock.co before returning any Product and inform us of your intent to return a Product. All returned Products must be unused and returned in accordance with the instructions received from contacting customer service. For US customers, Line will issue an RMA (Return Merchandise Authorization) to you. You should print the RMA and place it inside the returned package. All returns must be made within fifteen (15) days from the delivery date (date that the Product is received by you). You must respect the following conditions in order to obtain a store credit:

  1. The Product must be returned in its original packaging (product box, shipping box, etc.).
  2. The Product must be accompanied by the purchase receipt.
  3. Product returned by you must not have defects, been damaged, used.
  4. Sealing label and security tags must still be attached to the Product.
  5. Damaged Products must be returned in the condition in which they have been received and you shall not attempt to modify, handle or repair them. For more information, check our Warranty Policy.

Provided that our team confirms that your linedock was returned in accordance with the return procedure above, your original form of payment will be refunded upon receipt of your returned linedock, less a $25.00 restocking fee to cover the cost of return shipping and handling except in cases where we have made a shipping error or in cases of defect units covered by the warranty.

EXCLUSIONS

Please note that this return policy does not apply to (i) any Product returned outside the 15-day return period, (ii) Product already opened and/or used by you, (iii) any Product damaged caused by misuse, neglect, physical damage, tampering, incorrect adjustment, normal wear and tear, incorrect installation or alteration, (iv) Product shipped incorrectly by you, (v) any Product labelled as non-returnable, (vi) price fluctuations being the sole reason for return.

WARRANTIES; DISCLAIMERS

NO WARRANTIES

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT FOR THE LIMITED WARRANTIES SET FORTH UNDER SECTIONS 4.5 AND 5.2 ABOVE, LINE AND ITS SUPPLIERS, MAKE, AND YOU RECEIVE, NO WARRANTY OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND LINE AND ITS SUPPLIERS SPECIFICALLY MAKE NO REPRESENTATIONS WITH RESPECT TO PRODUCTS, ANY CONDITIONS OF QUALITY, AVAILABILITY, RELIABILITY, SECURITY, LACK OF VIRUSES, BUGS OR ERRORS, HIDDEN DEFECTS AND ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FOR HIDDEN DEFECTS.

EXCLUSIONS

Rights may vary from State to State. Some States do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. Your rights may vary from state to state. To the extent that we may not, as a matter of law, disclaim any implied warranty, the scope and duration of such warranty will be the maximum permitted under such applicable law.

LIMITATION OF LIABILITY

NO INDIRECT, CONSEQUENTIAL DAMAGES

LINE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, ARISING FROM OR RELATED TO A BREACH OF THESE TERMS AND CONDITIONS OF SALE OR THE OPERATION OR USE OF OR INABILITY TO USE THE SITE, PRODUCTS OFFERED ON THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM LOSS OF DATA OR PROGRAMMING, LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, DAMAGES TO EQUIPMENT, COST OF REPLACEMENT PRODUCTS AND CLAIMS AGAINST YOU BY ANY THIRD PERSON, EVEN IF LINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER CAUSED, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTES OR OTHERWISE.

LIMITED LIABILITY FOR DIRECT DAMAGES

NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS OF SALE, LINE’S LIABILITY, WHETHER UNDER CONTRACT LAW, TORT LAW, WARRANTY, OR OTHERWISE SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE PURCHASE PRICE PAID OR PAYABLE BY YOU FOR THE PRODUCT AT ISSUE.

EXCLUSIONS

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Line and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your violation of any term of these Terms and Conditions of Sale; (ii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iii) your violation of any applicable law, rule or regulation; (iv) any claim for damages that arises as a result of any of your User Content or any that is submitted via your account; (v) any other party’s access and use of the Site with your unique username, password or other appropriate security code or (vi) alleging bodily injury, death, property damage or other damages arising from your or a third party’s use or misuse of any Product purchased by you on the Site.

MISCELLANEOUS MATTERS

FORCE MAJEURE

We shall not be liable for damages for any delay or nonperformance resulting from a) delays in receipt of final specifications, information, or instructions from you, (b) changes in specifications or instructions, or (c) force majeure, including without limitation, acts of God, strikes, riots, labor disturbances, material shortages, nonperformance by subcontractors or suppliers, abnormal manufacturing conditions or costs, delays or failures of carriers or communications, fire, flood, storms, ice, snow, accident, war, explosion, accidents, epidemics, governmental orders or regulations or inability to secure any necessary governmental or other permits, court orders, or any other reason beyond our reasonable control.

GOVERNING LAW; VENUE

These Terms and Conditions of Sale, all transaction to which they may apply, and any disputes arising out of Products supplied hereunder shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of law provisions thereof. Any litigation, suit or other proceeding regarding the rights or obligations of the parties hereunder shall be conducted exclusively before the state and federal courts in and for San Francisco County, California, and the parties specifically consent to the venue of San Francisco. The United Nations Convention on Contracts for The International Sale of Goods, the Uniform Law on the Formation of Contracts for the International Sale of Goods, and any international discovery and service of process conventions will be inapplicable.

SEVERABILITY

Each of these Terms and Conditions of Sale is severable from the others, and Line’s rights and remedies herein are cumulative and in addition to those available at law or in equity. In the event that any portion of these Terms and Conditions of Sale is determined in any suit or proceeding to be invalid or unenforceable, such determination shall not affect the remaining Terms and Conditions of Sale, all of which shall remain valid and enforceable.

WAIVER

A waiver of any condition or default is not a waiver of any subsequent default.

NOTICES

All notices and communications to be given under these Terms and Conditions of Sale shall be in writing and (i) if to Seller, delivered personally or sent by pre-paid, first class certified or registered mail, return receipt requested or by overnight courier, to Line, 1702-L Meridian avenue, Suite 204, San Jose, CA 95125, Attn: Legal Notices; or (ii) if to you, by email.

INTERNATIONAL USE

We control and operate the Site from the United States. We make no representation that the Site is appropriate for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

ASSIGNMENT

You may not assign or otherwise transfer any rights hereunder without our prior consent, and any such attempt is void. These Terms and Conditions of Sale are binding upon and for the benefit of the respective successors and assigns of the parties hereto.

ENTIRE AGREEMENT

These Terms and Conditions of Sale constitute the entire agreement between us and you as it relates to the sale of any Products and expressly supersede and replace any prior or contemporaneous agreements, whether written or oral, relating to the governing order acknowledgement, including any terms and conditions of Sale on any of other documents or purchase orders and any prior offers by trade show representatives and demonstrators. This agreement shall be binding upon the parties and their respective successors and assigns. If any provision of this agreement is held to be invalid or unenforceable, that provision shall be severed from the agreement and the remainder of the agreement shall remain in full force and effect. Last Updated on August 30, 2019.