General Terms of Service

Effective Date: 1/21/2025

Welcome! Please read these Terms of Service (“Terms”) carefully. The Terms constitute a binding legal agreement between you and Link Logistics Real Estate LLC (“Link,” “Our,” “Us,” or “We”). Link provides the Link+ app and webservice, and the Link Parks service located at www.linkparks.com. “Link,” “Our,” “Us,” or “We” – as used in these terms – includes Link’s respective officers, directors, employees, and agents.

1. Acceptance of These Terms

These Terms govern your access to and use of Link’s website located at www.linklogistics.com, the Link+ app and webservice, the Link Parks website located at www.linkparks.com, and/or services (collectively, the “Services”), as well as your purchase or use of any product(s) and/or service(s) obtained via Our Services. By accessing or using Link’s Services, you agree to comply with and be bound by these Terms, and represent and warrant that you are at least the age of majority in your state or province of residence. If you access or use Our Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on behalf of such entity.

If you do not accept these Terms, please do not use Our Services; your sole and exclusive remedy is to immediately discontinue your access to and use of Our Services.

These Terms do not alter or modify any other agreement you may have with Link, or its subsidiaries and/or affiliates. 

PLEASE NOTE THAT THESE TERMS INCLUDE AN AGREEMENT TO ARBITRARE ANY DISPUTE BETWEEN YOU AND LINK. SEE SECTION 16 BELOW FOR FURTHER DETAILS OR YOUR AGREEMENT TO ARBITRATE ANY DISPUTE THAT MAY ARISE BETWEEN YOU AND LINK.

2. Services Provided

Link’s Services aim to help current and prospective tenants, brokers, and other visitors meet their needs of the modern supply chain, including but not limited to:

  • Lease management;
  • Payments;
  • Energy bill monitoring;
  • Maintenance requests;
  • Manage communications and preferences;
  • Access to important documents and reports; and/or
  • Property search. 

3. Availability and Modifications of Services

Link reserves the right, at its sole discretion, to refuse the provision of the Services (or any part thereof) to anyone at any time and for any reason. 

Link also reserves the right, at its sole discretion, to modify or discontinue the Services (or any part thereof) at any time, without notice to you. 

To the extent permitted by law, Link shall not be liable to you or any third party for any modification, suspension, to termination of the Services. 

4. Maintenance and Support

We strive to provide reliable and continuous access to Our Services. However, We do not guarantee that Our Services will be available at all times or that they will be free from technical or other errors. We reserve the right to perform maintenance and updates to Our Services, which may temporarily disrupt the availability of Our Service.

5. Use of Services

We grant you a limited right to use Our Services subject to the restrictions in these Terms. You agree only to use Our Services for lawful purposes and in accordance with these Terms in their entirety. You agree not to use the Services in any matter unintended by Link or that could harm Link, it affiliates, or any other person.   

You are prohibited from using the Services in any unlawful, unauthorized, or improper way. For example, you agree not to:

  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Engage in any activities that could damage, disable, overburden, or impair the functioning of our services;
  • Upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
  • Upload, post, transmit, or otherwise make available any content that infringes upon the intellectual property rights or any other rights of any other person or entity;
  • Attempt to gain unauthorized access to any portion or feature of the services, or any other systems or networks connected to the services; and/or
  • Reproduce, transmit distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the content on Services, without express written permission by Link. 

If you improperly use Our Services, Link may refuse to provide the Services (or parts thereof) to you at any time and for any reason.

At any time, We may revoke your right to use all or any portion of Our Services.

6. Your Account

To access certain features of Our Services, you may be required to create an account. By creating an account, you agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. By creating an account, you agree that Link may maintain a record of the information that you provide, including but not limited to your name, address, and credit card or other billing information. 

You are responsible for safeguarding your password and for all activities that occur under your account. Link is not liable for any harm or damages caused or related to the theft or misappropriation of your account information, including but not limited to any username or password, disclose or any username or password, or your authorization of anyone else to use your username and password. You agree to immediately notify Link if you become aware of or believe that there is or may have been any unauthorized use of any password or account, breach of your account security, or any other need to deactivate your username or password due to security or other concerns.

7. Payments and Fees

When using the Services, We may charge you for payments, fees, expenses, interests, debts, or other charges. All payments made through Our Services are subject to Our payment conditions. You agree to pay all charges and fees in a timely manner. Failure to pay may result in the suspension or termination of your account and access to Our Services.

8. Privacy Policy

Your submission of personal information and use of Our Services is governed by Our Privacy Policy, which outlines Our practices regarding the collection, use, and disclosure of your personal information. By using Our services, you agree to Our Privacy Policy.

9. Electronic Communications

Link may send you electronic communications via email, text message, and other means from time to time. By agreeing to these Terms, you agree to receive electronic communications from Link consistent with these Terms and Link’s Privacy Policy. 

By accepting these Terms, you agree that all agreements, notices, disclosures, and other communications that Link provides to you electronically satisfies the legal requirement that they be in writing. 

Email

Link may send you emails about your use of Our Services, in connection with your purchase of any product(s) and/or service(s) via Our Services, as part of marketing programs, to obtain your feedback on the quality of Our Services, and other reasons. Link may also send you emails about the Services or other products and services. By agreeing to these Terms, you consent to receive email communications from Link. 

If you receive direct marketing communications from Us, you may opt-out by clicking the link in the relevant communication, completing the forms provided to you (where relevant), or by emailing privacy@linklogistics.com.

Text Messaging

By agreeing to receive text messages from Link, you agree to receive recurring automated messages from, and on behalf of, Link to the phone number you provided. You further acknowledge that consent is not a condition for any purchase or use of Link’s Services. 

Message and data rates may apply. You are responsible for any mobile, data, or roaming charges that you may incur from receiving or sending text messages in connection with Link’s Services. If you are unsure what those charges may be, you should ask your mobile service provider before using Link’s Services. You agree that text messages may be received even if you phone number is registered on any state or federal Do Not Call list. 

You represent that you are the account holder for, or are an authorized user of, the phone number(s) that you provide. If you change or deactivate your phone number, you agree to update your phone number to Link within 72 hours to prevent Link from sending text messages intended for you to someone else.  

The carriers that Link uses to send text messages to you are not liable for delayed or undelivered messages, including text messages. In particular, T-Mobile is not liable for delayed or undelivered messages.

To stop receiving text messages from Link, reply “STOP” to the phone number from which you received the text message.

10. Third-Party Content and Links

As a convenience to you, Our Services may include links to other websites owned and/or operated by third parties. We are not responsible for any practices, policies, or content that is owned and/or operated by any third party, and We do not make any representations or warranties with respect to any third-party website . If you choose to visit any third-party websites, you do so at your own risk. Note that your use of third-party websites may be subject to the third party’s terms of use, privacy policy, or other terms and policies.

11. Disclaimer of Warranties and Limitation of Liability

Your use of the Services and material from the Services is at your own risk. We do not guarantee, represent, or warrant that your use of the Services will be secure, uninterrupted, or error-free. We do not warrant that the Services will be accurate or reliable at all times. The Services are provided “as is” and “as available” for your use. 

To the fullest extent permitted by law, Link shall not be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from, without limitation:

  • Your use of or inability to use Our Services;
  • Any unauthorized access to or use of Our servers and/or any personal information stored therein;
  • Any interruption or cessation of transmission to or from Our Services;
  • Any bugs, viruses, trojan horses, or the like that may be transmitted to or through Our services by any third party; and/or
  • Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through Our Services. 

12. Indemnity

By using the Services, you release, discharge, and agree to indemnify, defend, and hold Link, its affiliates, agents, employees, and contractors harmless, including costs, liabilities, and legal fees, from any claim or demand by any third party results from (a) your use of the Services, (b) your violation of the Terms, (c) any unauthorized use of your account, and/or (d) the infringement by you of any intellectual property or other right of any third party. 

13. Changes to Terms

We reserve the right, in Our sole discretion, to change, modify, add, or remove any portion of these Terms, in whole or in part, at any time. Any changes to the Terms will be effective immediately upon posting the updated Terms on our Services, which will indicate the date the Terms were last updated. Your continued use of Our services following the posting of any updates or changes to the Terms constitutes your acceptance of such updates or changes, and agreement to the updated Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms in place at the time the dispute arose. For clarity, by continuing to use the Services, you are agreeing to be bound by the then-current version of these Terms.

14. Severability

In the event any provision of these Terms is determined to be unlawful, void, or unenforceable, then that provision will be eliminated or limited in these Terms to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. 

15. Governing Law

These Terms and your use of Our Services shall be governed by and construed in accordance with the laws of the state of New York, United States of America, without giving effect to that state’s principles of conflicts of laws.

16. Dispute Resolution by Binding Arbitration

Agreement to Arbitrate. The Dispute Resolution by Binding Arbitration section of the Terms is referred to in these Terms as the “Arbitration Agreement.” To the greatest extent permitted by law, you and Link agree that any and all disputes or claims that have arisen or may arise between you and Link, whether arising out of or relating to these Terms (including any alleged breach thereof), or your access to Our use of Our Services, or any aspect of any relationship or transactions between you and Link, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement. JAMS will administer the arbitration and will select the arbitrator as described below. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against Link on your behalf.

Jury Trial and Class Action Waivers. You and Link agree that, by entering into these Terms, you and Link are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not by a judge or a jury. 

How to Opt Out. If you do not want to be bound by this Arbitration Agreement, you must notify Link in writing by email to compliance@linklogistics.com within thirty (30) days of the date you first agree to the Terms, stating that you do not want to resolve disputes with Link by arbitration. 

Pre-Arbitration Dispute Resolution Process. Link endeavors to resolve disputes amicably and fairly. If you have concerns, we encourage you to first contact Link at compliance@linklogistics.com. Our support team is available to help and can often resolve any concerns you may have.

If it is not possible to amicably resolve your concerns with Link’s support team, a party intending to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Link should be sent to 277 Park Ave, 46th Floor, New York, NY 10172 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute, and (ii) state the specific relief requested.

You and Link agree to allow sixty (60) calendar days after the Notice is received to try to resolve any dispute through negotiations. During that time, neither party may submit the claim to arbitration. If Link and you do not resolve the claim within sixty (60) days after the Notice is received, Link and you may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Link or by you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which Link or you is entitled.

Arbitration Procedures. Arbitration will be conducted by one neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures (collectively, the “JAMS Rules”), as modified by this Arbitration Agreement. For information on JAMS and the JAMS Rules, please visit its website, https://www.jamsadr.com. If there is any inconsistency between any term of the JAMS Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Link and you agree otherwise, any arbitration hearings will take place in New York City, New York. If the parties are unable to agree on a location, the determination shall be made by an arbitrator appointed by JAMS. If your claim is for $10,000 or less, Link agrees that you may choose whether the arbitration will be conducted solely based on written submissions and documents submitted to the arbitrator or whether there also will be a hearing, and you may choose whether any such hearing will be by telephone or video conference or an in-person hearing as established by the JAMS Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules.

At the end of the arbitration, the arbitrator shall issue a reasoned written decision (called an award) sufficient to explain the essential findings and conclusions on which the award is based.

Requirement of Individualized Arbitration and Relief. You and Link agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Except for “mass arbitrations” described below, unless both you and Link agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief for that party’s individual claims. Any relief awarded cannot be granted to or affect other users.

Mass Arbitrations. If 25 or more individuals submit similar arbitration claims and are represented by either the same law firm or law firms acting in coordination, you and Link agree that the JAMS Mass Arbitration Procedures and Guidelines will apply. The JAMS Mass Arbitration Procedures and Guidelines are specially designed to facilitate the fair, expeditious, and efficient resolution of mass arbitrations; they are published at https://www.jamsadr.com/mass-arbitration-procedures.

For any mass arbitration, JAMS will appoint a “process administrator” who will determine all preliminary and administrative matters as may be necessary to ensure the orderly and efficient resolution of the claims.  This will include determining, among other things, whether each party has met the applicable filing requirements and conditions precedent to submit their claims to arbitration, and which demands for arbitration should be included as part of the mass arbitration proceeding.

All arbitration demands included as part of the mass arbitration proceeding must be resolved in stages. You agree to this process even though it may delay the arbitration of your claim. In the first stage, claimants’ counsel and Link will each select 25 cases (50 cases total) to be resolved individually by different arbitrators. In the meantime, no other cases may proceed in arbitration, and JAMS must not charge a case management fee or an arbitration appointment fee for those cases.

After this first stage of cases is completed, the parties must engage in a single mediation of all remaining cases, and Link will pay the mediation fee. If the parties cannot how to resolve the remaining cases after mediation, you and Link agree that the process administrator will batch, consolidate, or otherwise group any remaining arbitration demands to the greatest extent possible.

Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules and the JAMS Arbitration Schedule of Fees and Costs in effect when the arbitration is started, unless otherwise provided in this Arbitration Agreement.  Where the arbitration is part of a mass arbitration subject to the JAMS Mass Arbitration Procedures and Guidelines, the arbitration fees will be as established in the JAMS Mass Arbitration Procedures Fee Schedule.

Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Small Claims. Despite the Arbitration Agreement, either you or Link may bring an action seeking only individualized (non-class) relief in the small claims court for the county of your billing address, so long as the action is not removed or appealed to a court of general jurisdiction. If either you or Link initiates an arbitration claim that could be presented to the small claims court, the other party may, in its discretion, require that the arbitration demand be withdrawn and that the claim be filed instead in the small claims court for the county of your billing address, so long as the action is not removed or appealed to a court of general jurisdiction. Any dispute about whether a claim falls within any given small claims court’s jurisdiction will be resolved by that small claims court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding will remain closed unless and until the small claims court issues a decision that the claim should proceed in arbitration.

Severability of Arbitration Agreement. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. The remainder of the Terms will continue to apply.

For avoidance of doubt, nothing in this Arbitration Agreement shall affect any non-waivable statutory rights that apply to you. To the extent any claim, dispute or controversy covered by the Terms isn’t arbitrable under applicable laws or otherwise, you agree such claim or dispute will be resolved exclusively in accordance with the subsection of these Terms titled “Governing Law” at section 15 of the Terms, above.

Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, Link agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Link written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

17. Contact Information

If you have any questions about these Terms, please contact Us at compliance@linklogistics.com.

By using Our Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms.

Link Logistics 
277 Park Ave, 46th Floor
New York, NY 10172