Agreement between user and Lynk Performance

Updatead November 13 2024

This website (the "site") is offered to you by 2nd Chance Sales LLC, dba RMMD Company & Lynk Performance, on the condition that you accept the terms, conditions, and notices contained in this website user agreement, and any amendments (the "agreement") and on other pages of the site. you agree to read this user agreement carefully before using the site. you may not access or use this website unless you agree to them. by using this website, you acknowledge that you have read the terms, conditions and notices in this agreement and you agree to them. the company reserves the right to change the terms, conditions and notices under which this website is offered at any time in its sole discretion, and your continued use constitutes agreement to any such changes.

Representations and warranties you represent and warrant that:

You have the legal right to possess adult-oriented materials and sex toys in your community and legal jurisdiction.

You have provided true, accurate, current, and complete information about yourself as prompted on the site. your billing address should be the address and phone number your credit card bank has on file for you.

You will not use this website for any purpose that is improper, unlawful or prohibited by the terms, conditions, or notices in this agreement and on this website, and you will act in good faith in your relationships with RMMD Company.

Age

The website and its products are only intended for persons eighteen (18) years of age or older. if you are not at least 18 years old, you are prohibited from accessing website content, becoming a member or otherwise registering with the website, or purchasing any company product. by doing any of the foregoing, you expressly certify that you are at least 18 years of age.

If you do not agree to the terms and conditions of this agreement, promptly cease accessing or otherwise using the company technology, and/or exit this page before downloading, accessing, using, subscribing or installing the company technology or purchasing products and services from company.

Prohibited activities

You agree not use the website to:

Upload, post or otherwise transmit any communication or material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, that infringes any copyright, trademark, trade secret, patent, or other proprietary rights, disruptive to the site, harmful to minors, hateful, or racially, ethnically or otherwise objectionable;

Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the website;

Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation except as otherwise expressly authorized by the company;

Disrupt or interfere with the operation of the website or any servers or networks connected to the website service or disrupt any other user's enjoyment of the site of any affiliated or linked sites;

Violate any applicable local, state, national, or international law or regulation;

Upload, post or otherwise transmit any obscene material or material containing child pornography.

Upload, post or otherwise transmit any material containing viruses, trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, or surreptitiously intercept or expropriate any system, data, or personal information.

Deep-link to this site, use any meta tags or other hidden text using our name, trademark or product name, or frame any content without our express written consent; collect or store personal data about other users.

You agree to indemnify and hold the company, its directors, officers, agents, affiliates, suppliers, and employees harmless from any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorney's fees) that arise out of, are connected with or directly relate to your use of the site, the products obtained through the site or any violation of this agreement.

This agreement contains the entire understanding and agreement of the parties with respect to the use of this website. it supersedes all prior oral or written understandings and agreements relating to the use of this website. company's waiver of any provision of this agreement shall not be deemed to waive it for the future.

You agree that we may, in our sole discretion, at any time and without cause, may terminate your use of the site or any portion of the site, without liability to you. sections entitled liability limitation & disclaimers of warranty, indemnity, and general will survive any termination of this agreement.

Disputes Resolution by Mandatory Binding Arbitration and Class Action Waiver

Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with 2nd Chance Sales LLC dba RMMD Company, Lynk Performance, and limits the manner in which you can seek relief from us. You agree that any dispute or claim relating to any RMMD COMPANY product or service (including any RMMD COMPANY policy), or any aspect of your relationship with RMMD Company, will be resolved by confidential binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; (2) RMMD COMPANY may assert claims in a court of competent jurisdiction relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (3) RMMD COMPANY may initiate an action in a court of competent jurisdiction seeking a temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement or to prevent an infringement of a third-party’s rights or our intellectual property rights.

ARBITRATION

YOU ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY CLAIM OR CONTROVERSY CONCERNING INTERPRETATION OF THIS AGREEMENT, OR YOUR USE OF THE WEBSITE WILL BE SETTLED BY ARBITRATION PURSUANT TO THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THIS ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR RANDOMLY SELECTED FROM A LIST OF NEUTRAL ARBITRATORS MAINTAINED BY THE AMERICAN ARBITRATION ASSOCIATION. JUDGMENT ON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THE ARBITRATOR WILL BE PROVIDED WITH THE RIGHT TO AWARD COSTS AND ATTORNEYS’ FEES TO THE PREVAILING PARTY. THIS ARBITRATION WILL BE HELD IN AGOURA HILLS, CALIFORNIA AND BOTH PARTIES AGREE THAT THEY WILL BE REQUIRED TO BE PRESENT IN AGOURA HILLS, CALIFORNIA FOR ARBITRATION UNDER THE TERMS OF THIS AGREEMENT AND HEREBY SUBMIT TO EXCLUSIVE PERSONAL JURISDICTION IN AGOURA HILLS, CALIFORNIA. THE ARBITRATOR WILL APPLY THE LAWS OF THE STATE OF CALIFORNIA AND THE FEDERAL LAWS OF THE UNITED STATES IN DECIDING ANY CONTROVERSY OR CLAIM PURSUANT TO THIS ARBITRATION CLAUSE.

Required Pre-Dispute Procedures

Before initiating an arbitration proceeding, either party must provide the other notice of claim describing the dispute, including all relevant documents and information, and details a proposed resolution.  Any notice of claim must be sent Attention:  RMMD Company Legal Department 5126 Clareton Dr. Suite 120, Agoura Hills, Ca 91301.  RMMD COMPANY will contact you by letter and email response with the contact information you provided.  If the parties cannot resolve the dispute within 60 days after receipt of the notice of claim, the following dispute resolution provisions govern any future arbitration proceedings.

Limitations Period, Commencing Arbitration, Applicable Rules

The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, You must submit a written demand for arbitration with the American Arbitration Association (“AAA”) and provide copies to RMMD COMPANY within one of the claims giving rise to Your dispute occurred. The one-year period includes the sixty-day, required pre-dispute resolution procedure outlined above. You agree that any claim asserted after the one-year period will be forever barred. Disputes between individual consumers and RMMD COMPANY will be governed by AAA’s Consumer Arbitration Rules. Disputes between RMMD COMPANY and businesses involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to AAA’s current version of the Expedited Procedures for arbitrations under the Commercial Arbitration Rules; all other disputes shall proceed under the AAA’s standard procedures for commercial arbitrations. AAA’s rules are available at www.ADR.org.com/rules or by calling 800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the applicable AAA Rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where You live or at another mutually agreed on location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Arbitrator's Authority

The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of You and RMMD COMPANY. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the RMMD COMPANY’s Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon You and us.

Class Action Waiver

YOU AND RMMD COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and RMMD COMPANY are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in this section. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CAN NOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding anything to the contrary herein, (a) representative action for public injunctive relief may be arbitrated on a class basis and (b) in the event that the foregoing sentence is deemed invalid or unenforceable with respect to a particular class or dispute for recovery of damages, neither You nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court as set forth in the below.

Governing Law / Exclusive Venue

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws. These Terms, including the Arbitration Agreement and the arbitrator’s authority thereunder, shall be interpreted in accordance with the substantive law of the State of California without regard to conflicts of law principles. The parties consent to, and forever waive any challenge to the exclusive personal jurisdiction and venue of the state and federal courts in Los Angeles, California.

Mobile Terms of Service

The Lynk Performance mobile message service (the "Service") is operated by Lynk Performance (“Lynk Performance”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Lynk Performance's SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Lynk Performance through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

 

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Lynk Performance. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18444340721 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Lynk Performance mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18444340721 or email support@lynkperformance.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Opt-Out

You have the right to opt-out of the provisions of this Arbitration Agreement by sending written notice of Your decision to opt-out to the following address: RMMD COMPANY Legal Department, 5126 Clareton Dr. Suite 120 Agoura Hills Ca 91301, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include Your name and address, the email address You used to set up Your Account, and an unequivocal statement that You want to opt-out of this Arbitration Agreement. If You opt-out of this Arbitration Agreement, all other parts of these Terms of Use will continue to apply to You. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that You may currently have, or may enter in the future, with us.

Accessibility

RMMD Company (Lynkperformance.com) strives to improve the usability and accessibility of its domestic restaurant website and mobile application for all users, including those with disabilities. RMMD's efforts to improve digital usability and accessibility are guided by the relevant portions of the Web Content Accessibility Guidelines 2.0, Level AA, and other existing recommendations.

Our efforts are ongoing and are tested on a periodic basis using various forms of assistive technology. Our testers include individuals with disabilities who are native users of assistive technology.

If you are a user with a disability, or an individual assisting a user with a disability, and have difficulty accessing or navigating our digital channels, please contact us at accessibility@Lynkple

asure.com. In your message, please provide your contact information, the web address or other location where you experienced difficulty, and a brief description of the problem you encountered, including the type of assistive technology you were using when you experienced difficulty.

The accessibility email address should only be used for accessibility-related issues facing users with disabilities or those who assist them. This email address is monitored by RMMD’s digital accessibility team who is not equipped to review or respond to inquiries unrelated to digital accessibility. For all other feedback and inquiries, please visit RMMD's Term page here. This ensures that our Customer Service Team will review and respond to your comments.

Website accessibility is an ongoing effort and we are actively taking steps to further enhance and improve the accessibility of www.Lynkperformance.com. If you have difficulty using or accessing any element of this website please contact us through the contact us page of our website or dial 888-417-5965 and we will work with you to provide the information, item, or transaction you seek through a communication method that is accessible for you, consistent with applicable law.