User acknowledges and agrees to the following Terms of Service which shall govern User's access and use of the Services. In addition, User agrees that unless explicitly stated otherwise, any new features that augment or enhance the Services, and/or any new Services subsequently accessed or purchased by the User will be subject to this Agreement.
DSL, cable or another high speed Internet connection is required for proper transmission of the Services. User is responsible for procuring and maintaining the network connections that connect the User network to the Services, including, but not limited to, "browser" software that supports protocol used by Lockhouse and to follow logon procedures for Services that support such protocols. User agrees that Lockhouse will not be responsible for wireless networking capabilities that User may deploy in allowing hand-held barcode or QR code scanners to communicate with a Lockhouse provided internet connection. Lockhouse is not responsible for notifying User of any upgrades, fixes or enhancements to any such software or for any compromise of data transmitted across computer networks or telecommunications facilities (including but not limited to the Internet) which are not owned or operated by Lockhouse. Lockhouse assumes no responsibility for the reliability or performance of any connections as described in this Section.
User shall provide accurate, current and complete information on User's legal business name, address, primary contact email address and phone number, and maintain and promptly update this information if it should change.
Corporate Users may authorize access to and assign unique passwords and user names to authorized Users of the Services. User logins are for designated Users and cannot be shared or used by more than one User, but any User login may be reassigned to another User as needed. User will be responsible for the confidentiality and use of User's passwords and user names. User will also be responsible for all Electronic Communications, including those containing business information, account registration, account holder information, financial information, User Data, and all other data of any kind contained within emails or otherwise entered electronically through the Services or under User's account. Lockhouse will act as though any Electronic Communications it receives under User's passwords, user name, and/or account number will have been sent by User. User agrees to immediately notify Lockhouse if User becomes aware of any loss or theft or unauthorized use of any of User's passwords, user names, and/or account number.
This Privacy Notice describes our collection, use, disclosure, retention, and protection of your personal information. It applies to any Lockhouse site and to any Lockhouse Service where this Privacy Notice is referenced, regardless of how you access or use them. By using our Services and/or registering for an account with us, you are accepting the terms of this Privacy Notice and our User Agreement , and you are consenting to our collection, use, disclosure, retention, and protection of your personal information as described in this Privacy Notice. We collect, process, and retain personal information from you and any devices you may use when you: use our Services, register for an account with us, provide us information on a web form, update or add information to your account, send or receive messages, or when you otherwise correspond with us regarding our Services. You have a choice about how we use your personal information to communicate with you, send you marketing information, and provide you with personalized advertising, and whether you want to stay signed into your account. We take steps to ensure that the personal information we collect is accurate and up to date, and that you have the ability to access it and make corrections to it. We may disclose your personal information to other members of the Lockhouse Network, Inc. corporate family or to third parties. This disclosure may be required for us to provide and to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent. We protect your information using technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are data encryption and information access authorization controls.
The Services allows User to send Electronic Communications directly to Lockhouse and to third parties. User shall comply with all applicable local, state, federal, and foreign laws, treaties, regulations, and conventions in connection with its use of the Services, including without limitation those related to privacy, electronic communications and anti-spam legislation. User shall comply with the export laws and regulations of the United States and other applicable jurisdictions in using the Services and obtain any permits, licenses and authorizations required for such compliance. Without limiting the foregoing, (i) User represents that it is not named on any U.S. government list of persons or entities prohibited from receiving exports, (ii) User shall not permit Users to access or use the Services in violation of any U.S. export embargo, prohibition or restriction, and (iii) User shall comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which its Users are located. User will not send any Electronic Communication from the Services that is unlawful, harassing, libelous, defamatory or threatening. Except as permitted by this Agreement, no part of the Services may be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means. User agrees not to access the Services by any means other than through the interfaces that are provided by Lockhouse. User shall not do any "mirroring" or "framing" of any part of the Services, or create Internet links to the Services which include log-in information, user names, passwords, and/or secure cookies. User will not in any way express or imply that any opinions contained in User's Electronic Communications are endorsed by Lockhouse. Neither User, nor someone acting on User's behalf, will use the Services to target for solicitation any Lockhouse Users for purposes of providing any competitive product. User shall ensure that any use of the Services by User's Users is in accordance with the terms and conditions of this Agreement.
The possession of stolen property violates state, federal, and international law, and we notify law enforcement of any attempts to register suspected stolen property on our site. We also support the investigation and prosecution of users who violate this policy.
Firearms and Weapons. Lockhouse does not register, or assist users with information about, firearms or weapons. International, federal, state and local government entities have laws about what kind of information is exchanged about these products and maintain their own registries of these products in some cases. Users should seek out the manufacturer, retailer, legal registries in their area, jurisdiction, state, or country for more information on any firearm or weapon they own.
All critical information contained in Lockhouse originates from Third Party manufacturers and owners of those particular assets. Lockhouse or certain third party providers may also offer links to other websites, resources, Third Party Applications or Services. Lockhouse does not warrant any such Third Party Applications or Services, whether or not such Third Party Applications are designated by Lockhouse as "recommended" or otherwise, or the Services are provided by a third party that is a member of a Lockhouse partner program. Any purchase by User of any Third Party Application is solely between User and the applicable third party provider.
Lockhouse is not responsible for the availability or the quality, accuracy, integrity, fitness, safety, reliability, legality, or any other aspect of such Third Party Applications or Services that User may purchase or connect to through the Services, or any descriptions, promises or other information related to the foregoing. If User installs or enables Third Party Applications or Services for use with the Services, User agrees that Lockhouse may allow such third party providers to access User Data as required for the interoperation of such Third Party Applications with the Services, and any exchange of data or other interaction between User and a third party provider is solely between User and such third party provider. Lockhouse shall not be responsible for any disclosure, modification or deletion of User Data resulting from any such access by third party providers. No purchase of such Third Party Applications or Services is required to use the Services.
User understands that the technical processing and transmission of User's Electronic Communications is fundamentally necessary to User's use of the Services. User expressly consents to Lockhouse's interception and storage of Electronic Communications and/or User Data, and User acknowledges and understands that User's Electronic Communications will involve transmission over the Internet, and over various networks, only part of which may be owned and/or operated by Lockhouse or User. User acknowledges and understands that changes to User's Electronic Communications may occur (including but not limited to encryption and compression) in order to conform and adapt such data to the technical requirements of connecting networks or devices. User further acknowledges and understands that Electronic Communications may be accessed by unauthorized parties when communicated across the Internet, network communications facilities, telephone or other electronic means. User agrees that Lockhouse is not responsible for any Electronic Communications and/or User Data which are delayed, lost, altered, intercepted or stored during the transmission of any data whatsoever across networks not owned and/or operated by Lockhouse, including, but not limited to, the Internet and User's local network.
As part of the Services, Lockhouse will provide User with online information and reasonable assistance to User in its use of the Services. Lockhouse also offers optional higher level support and "for-fee" training, professional Services consultation, and other specialized support services. User acknowledges that Lockhouse has extensive experience helping Users improve utilization and realization of benefits of the Services, and that not following the advice of Lockhouse and/or not engaging Lockhouse or other Lockhouse authorized implementation partner in the provision of Professional Services may substantially limit User's ability to successfully utilize the Services or to enjoy the power and potential of the service.
Lockhouse shall maintain reasonable administrative, physical and technical safeguards for the protection, confidentiality and integrity of User Data. In the event of a breach of this provision, Lockhouse will use commercially reasonable efforts to correct the User's Data or restore the User's Data as quickly as possible.
For purposes of this Agreement, "Confidential Information" means the terms of this Agreement including the pricing and other terms reflected in all Estimates, Data, Lockhouse technology, knowhow and technical information, product designs, business and marketing plans and business processes, and all confidential and proprietary information of a party ("Disclosing Party") disclosed to the other party ("Receiving Party"), whether orally or in writing, that is clearly identified in writing or verbally at the time of disclosure as confidential. Confidential Information shall not include information which: (1) is known publicly; (2) is generally known in the industry before disclosure; (3) has become known publicly, without fault of the Receiving Party, subsequent to disclosure by the Disclosing Party; or (4) the Receiving Party becomes aware of from a third party not bound by non-disclosure obligations to the Disclosing Party and with the lawful right to disclose such information to the Receiving Party.
Receiving Party agrees: (a) to keep confidential all Confidential Information disclosed to it by the Disclosing Party; (b) not to use or disclose the Confidential Information of the Disclosing Party except to the extent necessary to perform its obligations or exercise rights under this Agreement, except with the Disclosing Party's prior written consent; (c) to protect the confidentiality thereof in the same manner as it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of such Confidential Information) and to make Confidential Information available to authorized persons only on a "need to know" basis. Either party may disclose Confidential Information on a need to know basis to its contractors and Services providers who have executed written agreements requiring them to maintain such information in strict confidence and use it only to facilitate the performance of their Services in connection with the performance of this Agreement. Notwithstanding the foregoing, this Section will not prohibit the disclosure of Confidential Information to the extent that such disclosure is permitted by law or order of a court or other governmental authority or regulation.
As between Lockhouse and User, all title and intellectual property rights in and to the User Data is owned exclusively by User. User acknowledges and agrees that in connection with Services, Lockhouse, as part of its standard Services offering, makes backup copies of the User Data in User's account and stores and maintains such data for a period of time consistent with Lockhouse standard business processes.
User agrees that all rights, title and interest in and to all intellectual property rights in the Services are owned exclusively by Lockhouse or its licensors. Except as provided in this Agreement, the license granted to User does not convey any rights in the Services, express or implied, or ownership in the Services or any intellectual property rights thereto. In addition, Lockhouse shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable, and perpetual license to use or incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback provided by User, including users, relating to the operation of the Services unless expressly stated otherwise. Any rights not expressly granted herein are reserved by Lockhouse. Lockhouse services marks, logos and product and service names are marks of Lockhouse or (the "Lockhouse Marks"). User agrees not to display or use the Lockhouse Marks in any manner without Lockhouse's express prior written permission. The trademarks, logos and service marks of Third Party Application providers ("Marks") are the property of such third parties. User is not permitted to use these Marks without the prior written consent of such third party which may own the Mark.
Lockhouse warrants that the Services (i) will achieve in all material respects the functionality described in written information provided to the User applicable to the products/services purchased by User, and (ii) such functionality will not be materially decreased during the Term. User's sole and exclusive remedy for Lockhouse's breach of this warranty shall be that Lockhouse shall be required to use commercially reasonable efforts to modify the Services to achieve in all material respects the functionality described and if Lockhouse is unable to restore such functionality, User shall be entitled to terminate the Agreement. The warranties set forth in this Section are made to and for the benefit of User only. Such warranties shall only apply if the applicable Services have been utilized in accordance with written information provided to User, this Agreement and applicable law.
EXCEPT AS STATED IN SECTION 3 ABOVE, LOCKHOUSE DOES NOT REPRESENT THAT USER'S USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICES WILL MEET USER'S REQUIREMENTS OR THAT ALL ERRORS IN THE SERVICES AND/OR DOCUMENTATION WILL BE CORRECTED OR THAT THE OVERALL SYSTEM THAT MAKES THE SERVICES AVAILABLE (INCLUDING BUT NOT LIMITED TO THE INTERNET, OTHER TRANSMISSION NETWORKS, AND USER'S LOCAL NETWORK AND EQUIPMENT) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WARRANTIES STATED IN SECTION 3 ABOVE ARE THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BY LOCKHOUSE. THERE ARE NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT OF THIRD PARTY RIGHTS. USER ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICES OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR USER'S PURPOSES.
USER AGREES THAT THE CONSIDERATION WHICH LOCKHOUSE IS CHARGING HEREUNDER DOES NOT INCLUDE CONSIDERATION FOR ASSUMPTION BY LOCKHOUSE OF THE RISK OF USER'S INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO ANYONE FOR LOST PROFITS OR REVENUE OR FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, COVER, SPECIAL OR EXEMPLARY DAMAGES, OR INDIRECT DAMAGES OF ANY TYPE OR KIND HOWEVER CAUSED, WHETHER FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR ANY OTHER LEGAL CAUSE OF ACTION AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitations of liability for incidental or consequential damages, so the exclusions set forth above may not apply to User.
User shall indemnify, defend, and hold Lockhouse harmless from and against any and all Losses resulting from a claim, suit, action, or proceeding brought by any third party against Lockhouse that arises out of or results from a claim by a third-party (i) alleging that the User Data or any trademarks or Services marks other than Lockhouse Marks, or any use thereof, infringes the intellectual property rights or other rights, or has caused harm to a third party, or (ii) arising out of User's breach of User's Lawful Conduct or Confidential Information above, provided that Lockhouse (a) promptly provides User notice of the claim, suit, action, or proceeding; (b) gives User sole control of the defense and related settlement negotiations; and (c) provides User with all reasonably available information and assistance necessary to perform User's obligations under this paragraph.
Lockhouse reserves the right to suspend User's and any User Affiliates' access to and/or use of the Services for any accounts (i) for which any payment is due but unpaid but only after Lockhouse has provided User two (2) delinquency notices, and at least sixty (60) days have passed since the transmission of the first notice ("Delinquent Account Status"), or (ii) for which User has not paid for the renewal term and has not notified Lockhouse of its desire to renew the Services by the End Date of the then current term. The suspension is for the entire account and User understands that such suspension would therefore include Affiliate sub-accounts. User agrees that Lockhouse shall not be liable to User or to any User Affiliate or other third party for any suspension of the Services pursuant to this Section.
User agrees that Lockhouse may, with reasonably contemporaneous notice to User, suspend User's access to the Services if Lockhouse reasonably concludes that User's Services are being used to engage in denial of services attacks, spamming, or any other illegal activity, and/or use of User's Services is causing immediate, material and ongoing harm to Lockhouse or others. In the extraordinary event that Lockhouse suspends User's access to the Services, Lockhouse will use commercially reasonable efforts to limit the suspension to the offending portion of the Services and resolve the issues causing the suspension of Services. User agrees that Lockhouse shall not be liable to User nor to any third party for any suspension of the Services under such circumstances as described in this Section.
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