Effective Date: September 20, 2023
Welcome to K12 Payment Center! We are glad that you’ve chosen LINQ to help manage your student’s account.
Please read these Terms of Service ("Terms of Service") carefully as they contain important information about your relationship with EMS LINQ, Inc. ("LINQ", "we", "our" or "us"). These Terms of Service describe the relationship between yourself ("you" or "your") and LINQ and govern access and use of your Account and the Services (each, as defined below) provided by LINQ.
• Description. K12 Payment Center ("K12PC") is an online management solution that provides authorized registered parents, guardians, faculty, staff and their designees ("Users") who are legally associated with a student, staff, or faculty member ("Student") associated with a participating school or school district ("School") with the ability to access and use services (collectively "Services") that are made available through the K12PC website located at linqconnect.com (the "Site") and the K12PC mobile app (the "App").
• Reliance. LINQ endeavors to provide timely, accurate and complete information. You acknowledge and agree, however, that certain information such as School menus, food ingredients, and other information and data may be changed by the School without notice. Further, the timeliness of information provided through third party Internet Service Providers may be impacted by factors outside of the control of LINQ. Therefore, you acknowledge and agree that LINQ is not responsible for the timeliness or accuracy of information that is provided or made available through the Services.
• Account Credentials. In order to access the Services provided through the Site and the App, you must first establish an account with us that will enable you to log into and use the Services (your "Account"). You are responsible for all information provided to LINQ when you create an Account, and you hereby represent and warrant that all information is true and accurate. You agree to update all Account information provided to LINQ as necessary in order to ensure that all information is true and accurate at all times. When you open an Account with us, you will need to create an appropriate User ID and Password ("Credentials"). Your Credentials will enable LINQ to authenticate you as an authorized User of the Services and to provide appropriate authorizations regarding the scope of use of the Services. You are solely responsible for maintaining the confidentiality and security of your Credentials, and agree to be responsible for maintaining the confidentiality and security of your Credentials. Do not share your Credentials with any third party. LINQ will not contact you in order to request Account information, though we may verify your Account details if you contact us. You are responsible for any use of or access to the Services through your Account. If you become aware of any unauthorized use of or compromise of your Credentials, you must notify LINQ immediately. Certain portions of the Services or information or data provided through the Services, including without limitation, event schedules, menus, and nutritional information, etc., may be available publicly without requiring an account.
• License. Upon establishing an Account, LINQ hereby grants you a limited, non-exclusive, non-transferrable license to access and use the Services provided through the Site and the App solely for your personal use, including, without limitation, the ability to make payments related to goods and services provided at or through your Student’s School, order meals, and other supported functionality. You may also be able to use the Services to obtain information about the balance of your Student’s Account and to review your Student’s purchases, including purchases, at the School. LINQ may, in our sole discretion and without notice, revoke access to your Account and the Services at any time based on our reasonable discretion. Certain Services are intended to be used by adults who can make purchases with a credit card, a debit card, or from a U.S. bank account. You represent, warrant and covenant that you are at least 18 years of age and any person who uses your Account is at least 18 years of age.
• Account Functionality. Depending on the Services permitted by your School, you may be able to add funds to your Student’s Account, pay invoices, make purchases in school stores, see your purchase and payment history, transfer meal funds between students, submit and download School forms, receive notifications on low account balances and pending invoices, receive School communications, view meal menus, check registration status, order meals, make donations, and perform other activities. Account functionality may vary by school and school district.
• Updates. From time to time, in our sole discretion, LINQ may make available updates, bug fixes, upgrades, patches and/or new versions of the Services, the Site, the App or features and functionality included therein (collectively, "Updates"). You agree to promptly install Updates to the App when they become available. You understand and agree that Updates may include necessary functionality and/or fixes to protect the security of the Services and that your failure to promptly install such Updates may compromise your ability to use the App and or result in the disabling of your Credentials. LINQ shall have no liability to you for any loss or damage resulting from your failure to install and use the most recent version or release of the App.
• K12 Payment Center allows you as a User to make payments into your Student’s school Account or to pay an invoiced fee using either a credit or debit card ("Payment Card") or electronic check directly from your bank ("E-check"). LINQ may charge a fee in connection with the Services and/or transactions processed through the Services ("Fee"). The Fee will apply to each one-time, automated, and scheduled payment. In some cases, the Fee is paid by the School, but in most cases the Fee is charged to you as a User. If a Fee is charged to you, the entire amount of the Fee will be clearly and prominently displayed onscreen before you complete the transaction. You will have the opportunity to cancel the checkout process before submitting your payment or before a Scheduled Payment or Automated Payment, you may cancel any upcoming, unprocessed payments to avoid any future payments and the associated Fee with each. By requesting a payment transaction, you are agreeing to pay the Fee to LINQ and the base payment amount to the School, subject to LINQ’s agreement with the School.
• Payment Options. K12PC supports one-time, scheduled, and automated payments:
• Failed payments. . If your payment transaction fails for any reason, any provisional credit applied to your Student’s Account shall be reversed and deducted from your Student’s Account. As a result of a failed, returned, or dishonored payment, your Student’s account(s) may be placed in a negative balance. K12PC will attempt to send you a notification using your Account profile information. We reserve the right to terminate your License for excessive failed payments in our sole discretion.
• Transferring funds between Accounts. Users with more than one valid Student associated with their Account may be permitted to transfer funds from one Student to another Student.
• Limitations. Your payment card provider or bank may place limitations on your payments. You agree to only use a payment card or U.S. bank account to which you have authorized use. You acknowledge that by using an E-check, you must comply with U.S. law. You understand that LINQ may charge a Fee as a result of your payment request, and you agree you will not try to prevent LINQ from fulfilling the payment. You agree that any dispute is limited to any errors that LINQ made in payment processing. Fraudulent acts may be prosecuted in the sole discretion of LINQ or the School. LINQ does not have any responsibility for information that you entered incorrectly.
• Potential Delays. While LINQ works diligently to process each payment and apply the credit to your Student’s account in a timely manner, we make no representations or warranties regarding the amount of time needed to complete processing payments through the Services or your Student’s School since factors, such as delays in the banking system, electronic funds transfer systems or School network, are outside our control and will affect when the funds are received by your Student’s School. School’s use of payments or prepayments is governed by your agreement or arrangement with the School, and LINQ is not responsible for the School’s handling of your payments or prepayments after the School receives the funds from the Services, including, but not limited to, any failure by a School to record, apply, transfer, or refund a payment made using the Services.
• If you are not satisfied with any good or service purchased using the Services, you agree to resolve the issue exclusively with the Student’s School or the seller of the applicable goods or services. You agree that you will not seek and are not entitled to a refund from LINQ. If you would like a refund of any kind from your Student’s School, you must contact your Student’s school or school district. Refund policies may vary.
• LINQ’s Fees are not refundable, and you agree that you will not seek and are not entitled to a full or partial refund of any Fee. LINQ provides a service that is fulfilled when we process or attempt to process your payment request. Once a payment request is fulfilled, LINQ’s obligation has been fulfilled.
• You consent to receive communications from us electronically. We may communicate with you by email, text message, or posting notices on the Site or through the App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
• You consent to receive and authorize transactional, informational, and marketing messages to your email address from LINQ and our affiliates. If you wish to revoke this permission at any time, you may do so by updating your profile in K12PC. To update your preferences, login to your Account and select the profile icon in the upper righthand of the page, then locate the Communication Preferences section and update and submit your preferences.
• Our Customer Support team is available through the Contact Us chat feature provided in the Services or by email at email@example.com. If you have questions about your Student’s purchases, account, status, health, or other similar circumstances, please contact your Student’s School. LINQ’s Customer Support team cannot and will not provide any information about Students or a Student's account; please contact the applicable School or district directly. Please use the online tools provided in the Services if you need assistance resetting a password or access functionality.
• You may have the opportunity to opt-in to receiving SMS communications from us through the Services. If enabled, we will send messages regarding low balance alerts, password resets, additional services, and other Account activities. You can cancel the SMS service at any time through your Account or by replying "STOP" to the message. Message and data rates may apply for any messages sent to you from us and to us from you. The frequency of messages you may receive varies by Account. If you have any questions about your text or SMS plan or data plan, we recommend you contact your wireless provider.
• All content, titles, graphics, logos, button icons, text, images and software ("Content") provided through the Site, App or Services are the copyrighted material of LINQ, or its licensors, and you agree not to download (other than page caching) or modify it, or any portion of it. The Content and the compilation thereof on the Site and the App is the exclusive property of LINQ and is protected by U.S. and international copyright laws. Reproduction, republication or distribution of any material from the Site is strictly prohibited, except that you may, for personal and non-commercial use only, make a single hard copy of your transactions for your personal records.
• You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Services or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services. LINQ reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Site or to any LINQ server, or to any of the Services by hacking, password "mining" or any other illegitimate means. You may not probe, scan or test the vulnerability of the Services or any network connected to the Services, nor breach the security or authentication measures on the Services or any network connected to the Services. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to the Services, or any other customer of LINQ, including any K12PC Account not owned by you, to its source, or exploit the Services or any service or information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or LINQ’s systems or networks, or any systems or networks connected to the Services or the Site.
The Site, App and Services may contain links to websites, mobile applications, social media platforms, and other materials that are owned, operated or managed by others. LINQ does not maintain, control, or endorse such websites, applications, or materials, nor has LINQ reviewed or approved any content that appears on such other websites or applications. You acknowledge and agree that we shall not be held responsible for the legitimacy, legality, accuracy, or inappropriate nature of any content, advertisements, endorsements, products, services, or information located on or through any other websites or mobile applications, nor for any loss, harm, or damages caused or alleged to have been caused by the use of or reliance on such content.
The K12PC name, logo, button icons, color combination, characters, and all related logos, products and services described in or made available through the Site or the App as well as the LINQ name and logo (collectively, "Marks") are trademarks or registered trademarks of LINQ. All other trademarks that appear on the Site and the App, which are not owned by LINQ or our affiliates are the property of their respective owners.
• THE SITE, APP AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LINQ MAKES NO WARRANTY THAT THE SITE, APP OR SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR FREE FROM VIRUSES OR OTHER DEFECTS OR HARMFUL COMPONENTS, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, APP OR SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SITE, APP OR SERVICES. LINQ MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT THE USE OF THE SITE, APP AND SERVICES IS AT YOUR SOLE RISK.
• K12 PAYMENT CENTER IS NOT THE ONLY WAY TO MAKE PAYMENTS TO YOUR SCHOOL. THUS, IF YOU DO NOT AGREE TO THESE TERMS CONTAINED HEREIN, YOU SHOULD NOT USE THE SITE, APP OR SERVICES FOR ANY PURPOSE. IN THE EVENT THE SITE, APP OR SERVICES ARE NOT AVAILABLE AT ANY TIME FOR ANY REASON, YOU AGREE TO CONTACT YOUR STUDENT’S SCHOOL TO MAKE ALTERNATIVE PAYMENT ARRANGEMENTS. LINQ IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF ANY FAILURE BY THE SCHOOL TO RECEIVE OR PROPERLY APPLY ANY PAYMENT.
• TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LINQ, ON BEHALF OF ITSELF AND ITS AFFILIATES, DISCLAIMS ALL LIABILITY FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES OR INJURY RESULTING FROM ANY FAILURE OF PERFORMANCE OF THE SITE, APP OR SERVICES, ERRORS, OMISSIONS, INACCURACIES, INTERRUPTIONS, DEFECTS, DELAYS OR INTERRUPTIONS IN OPERATION OR TRANSMISSION, COMMUNICATION LINE FAILURE, SECURITY BREACH, UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF INFORMATION. IN NO EVENT SHALL LINQ, OR ITS AFFILIATES, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, APP OR SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. CERTAIN STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
• YOU AGREE THAT IN NO EVENT WILL LINQ BE LIABLE FOR ANY CLAIM, BILLING ERROR, CHARGE, DAMAGE, OR EXPENSE ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE, THE USE OF THE SERVICES, THE SITE OR THE APP, OR ANY TRANSACTION PROCESSED WITH OR THROUGH THE SITE, APP OR SERVICES. IF YOU DO NOT REPORT THE CLAIM, ERROR, CHARGE, DAMAGE, OR EXPENSE TO LINQ IN WRITING WITHIN 90 DAYS OF THE ALLEGEDLY WRONGFUL ACT OR FAILURE TO ACT, OR, IN THE EVENT OF A BILLING OR PAYMENT ERROR OR OVERCHARGE, WITHIN 90 DAYS OF THE DATE THAT THE STATEMENT CONTAINING THE CHARGE WAS MADE AVAILABLE TO YOU ELECTRONICALLY OR IN HARD COPY, YOU EXPRESSLY WAIVE ANY CLAIM THAT IS NOT REPORTED TO LINQ IN WRITING WITHIN THE TIME PERIODS STATED HEREIN.
You agree to indemnify, defend, and hold harmless LINQ and our employees, contractors, officers, directors, licensors and suppliers, from and against any and all losses, liabilities, damages, and costs, including without limitation, legal fees, expert witness fees, and court costs, arising from any claim, suit, action, demand, allegation or investigation related to or arising from: (a) your use of the Services, Site or App; (b) the use by anyone of the Services, Site or App from your Account; (c) the violation of these Terms of Service by you or another user of your Account; (d) the infringement or misappropriation of the Content you or any person using your Account; and (e) the violation of any applicable law, rule, or regulation in connection with your use of the Services, Site or App or by anyone using the Services, Site or App through your Account. We reserve the right to assume control of the defense of any claim that is subject to indemnification hereunder, in which event you shall cooperate with us in connection with our defense to or of such claim. We reserve the sole right to settle or otherwise compromise any claim, action or demand subject to indemnification by you under these Terms of Service, with or without your consent.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of North Carolina, U.S.A., without reference to conflicts of laws, provisions and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. Any dispute or claim arising out of, or in connection with, these Terms of Service shall be finally settled by binding arbitration in Raleigh, North Carolina, in accordance with N.C. Gen. Stat. § 1-569.1 et seq. (the "Uniform Arbitration Act") and the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of North Carolina, without reference to rules of conflict of law or statutory rules of arbitration, and, as to matters affecting copyrights, trademarks and patents, U.S. federal law, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction. You agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party or substantially prevailing party its costs and reasonable attorneys’ fees. In the event that the above arbitration provision is held invalid or unenforceable, then any dispute with respect to these Terms of Service shall be brought and heard either in the North Carolina state courts located in Wake County, North Carolina, or the federal district court for the Eastern District of North Carolina located in Raleigh, North Carolina. In such event, you consent to the in personal jurisdiction and venue of such courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by telegram, by telefacsimile or by first class mail, and shall be deemed effectively given upon receipt. YOU AGREE THAT LINQ AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY, AND YOU HEREBY AGREE THAT YOU MAY NOT AND WILL NOT PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION AS A PLAINTIFF OR CLASS MEMBER IN ANY SUCH ACTION. Notwithstanding the foregoing, LINQ may seek injunctive or other equitable relief in any applicable state or federal court to protect its intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration.
We reserve the right at any time and from time to time to modify or discontinue, the Services (or any part thereof) with or without notice. You agree that LINQ shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any portion thereof.
These Terms of Service are the entire agreement between you and LINQ with respect to your use of the Services, and supersede all previous written or oral agreements between you and LINQ with respect to such subject matter. LINQ reserves the right at any time to change, add or delete any aspect or feature of the Services and these Terms of Service, including but not limited to, changing the Fees. LINQ will provide notice of any such change by posting a notice to the website or as otherwise required by law. The Effective Date of any changes to the Terms of Service shall be the date first set forth above. Any use of the Services by you after such notice has been posted or otherwise communicated will be deemed acceptance by you of such changes. Any waiver of LINQ’s rights must be in writing and signed by LINQ. Should any provision of these Terms of Service be held invalid or unenforceable by any court of competent jurisdiction, the remaining provisions shall remain in full force and effect.