Terms of Service

These Terms of Service (“Terms”) are a binding agreement that governs your access to and use of wallinksystems.com and any related pages, features, and forms (the “Site”), operated by Wallink Systems (“Wallink Systems,” “we,” “us,” or “our”). By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site. These Terms govern use of the Site only — the web design, development, and creative services we provide to clients are governed by a separate written Client Agreement, which controls over these Terms for that work.

These Terms contain a binding arbitration agreement and a class-action waiver (Section 13) that affect how disputes are resolved. Please read them carefully.

1. Who we are

Wallink Systems is an independent digital studio based in Austin, Texas. We build and maintain professional websites and provide branding and creative services for small businesses. You can reach us at [email protected].

2. Eligibility & acceptance

By using the Site, you confirm that you are at least 18 years old (or using the Site under the supervision of a parent or legal guardian) and have the legal capacity to agree to these Terms. Your continued use of the Site after any change to these Terms constitutes acceptance of the revised Terms.

3. Use of the Site

You agree to use the Site only for lawful purposes. You agree not to:

• Submit false, misleading, or fraudulent information through any form on the Site;
• Attempt to gain unauthorized access to, interfere with, or disrupt the Site, its server(s), or any connected network or system;
• Introduce viruses, malware, or other harmful material;
• Use any robot, scraper, or automated means to access the Site or collect information from it without our permission, except standard search-engine indexing;
• Probe, scan, or test the vulnerability of the Site or breach any security measure;
• Use the Site to transmit unsolicited advertising, or to harass, abuse, or harm another person;
• Impersonate Wallink Systems or any other person or entity, or misrepresent your affiliation with anyone.

We may restrict, suspend, or terminate your access to the Site at any time, without notice, for conduct we believe violates these Terms or is harmful to others, to us, or to third parties.

4. Intellectual property

All content on this Site — including text, design, graphics, logos, images, page layouts, and code — is the property of Wallink Systems or its licensors and is protected by copyright, trademark, and other intellectual-property laws. “Wallink Systems” and our logo are our trademarks and may not be used without our written permission. You may view, download, and print content for your own personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any part of the Site without our prior written permission.

5. Inquiries & submissions

When you submit a contact-form inquiry or other message, you represent that the information is accurate and that you have the right to provide it. Submitting an inquiry does not create a binding contract or obligate Wallink Systems to provide any services — services begin only under a signed Client Agreement. You grant us a non-exclusive, royalty-free license to use any content you submit as needed to respond to you and operate the Site. We reserve the right to decline any inquiry for any reason and are not obligated to publish, use, or retain any submission.

6. Third-party links & services

The Site may contain links to third-party websites or services that we do not own or control. We provide these links for convenience only and are not responsible for the content, policies, or practices of any third party. Accessing third-party services is at your own risk and subject to their terms.

7. Copyright complaints (DMCA)

We respect intellectual-property rights. If you believe content on the Site infringes your copyright, email us at [email protected]with: a description of the copyrighted work; the location (URL) of the material you claim is infringing; your contact information; a statement that you have a good-faith belief the use is not authorized; and a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act on the owner’s behalf. We will respond to valid notices as required by the Digital Millennium Copyright Act.

8. Disclaimer of warranties

The Site is provided on an “as is”and “as available” basis, without warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Site will be uninterrupted, secure, error-free, or free of harmful components, or that any information on it is accurate, complete, or current. Any reliance you place on the Site is at your own risk.

9. Limitation of liability

To the fullest extent permitted by law, Wallink Systems and its owner, employees, contractors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including loss of profits, revenue, data, or goodwill — arising from your use of or inability to use the Site, even if advised of the possibility of such damages. Our total aggregate liability for any and all claims arising from your use of the Site will not exceed one hundred U.S. dollars ($100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Wallink Systems and its owner, employees, contractors, and service providers from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Site, your violation of these Terms, or your violation of any law or the rights of any third party.

11. Privacy & accessibility

Your use of the Site is also governed by our Privacy Policy, which explains how we handle your information. We are committed to keeping the Site accessible — see our Accessibility Statement for details and for how to report an issue.

12. Governing law & venue

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-law provisions. Subject to the arbitration agreement below, any dispute that is not resolved by arbitration will be resolved exclusively in the state or federal courts located in Travis County, Texas, and you consent to personal jurisdiction in those courts. In any dispute arising out of or relating to these Terms or the Site, the prevailing party is entitled to recover its reasonable attorneys’ fees and costs.

13. Dispute resolution, arbitration & class-action waiver

Please read this section carefully — it affects your legal rights.

Informal resolution first. Before starting any formal proceeding, you agree to first contact us at [email protected] and give us at least 30 days to resolve the matter informally and in good faith.

Binding arbitration. If we cannot resolve a dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms or the Site that cannot be brought in small-claims court will be resolved by final and binding arbitration administered under the rules of a recognized arbitration provider, rather than in court, except that either party may seek injunctive relief in court for infringement or misuse of intellectual property. The arbitration will take place in Travis County, Texas, or by remote means, and judgment on the award may be entered in any court with jurisdiction.

Class-action waiver.You and Wallink Systems agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s claims.

You may opt out of this arbitration agreement by emailing us at [email protected] within 30 days of first accepting these Terms. If any part of this Section is found unenforceable, the rest of this Section will remain in effect, except that the class-action waiver is not severable — if it is found unenforceable, this entire Section does not apply.

14. Changes to these Terms

We may update these Terms at any time. When we do, we will revise the effective date at the top of this page; continued use of the Site after changes are posted constitutes acceptance of the updated Terms.

15. General

These Terms, together with the Privacy Policy and Accessibility Statement, are the entire agreement between you and us regarding your use of the Site and supersede any prior understandings. If any provision is found unenforceable, it will be limited or removed to the minimum extent necessary and the remaining provisions remain in full force and effect. Our failure to enforce any right or provision is not a waiver of it. You may not assign these Terms without our written consent; we may assign them freely. We are not liable for any delay or failure caused by events beyond our reasonable control, including acts of God, outages, or failures of third-party services.

16. Contact

Questions about these Terms? Email us at [email protected].