PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY
ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE
BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS
THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER
TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF
YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN
PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF
SERVICE AGREEMENT IS EFFECTIVE AS OF 08/19/2019.
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall
govern the relationship with our users and others which may interact or interface with Lockiz, also
known as , located at , Bakersfield, California 93301 and our subsidiaries and affiliates, in
association with the use of the website, which includes www.lockiz.com, (the "Site") and its Services,
which shall be defined below.
The Site is a blog services website which has the following description:
To provide and educate on locksmith services.
Any and all visitors to our site shall be deemed as "users" of the herein contained Services provided
for the purpose of this TOS.
The user acknowledges and agrees that the Services provided and made available through our
website and applications, which may include some mobile applications and that those
applications may be made available on various social media networking sites and numerous other
platforms and downloadable programs, are the sole property of Lockiz. At its discretion, Lockiz
may offer additional website Services and/or products, or update, modify or revise any current
content and Services, and this Agreement shall apply to any and all additional Services and/or
products and any and all updated, modified or revised Services unless otherwise stipulated.
Lockiz does hereby reserve the right to cancel and cease offering any of the aforementioned
Services and/or products. You, as the end user acknowledge, accept and agree that Lockiz shall not
be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of
our Services and/or products. Your continued use of the Services provided, after such posting of any
updates, changes, and/or modifications shall constitute your acceptance of such updates, changes
and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms
and policies should be made by you to ensure you are aware of all terms and policies currently in effect.
Should you not agree to the updated, revised or modified terms, you must stop using the provided
Services forthwith.
Furthermore, the user understands, acknowledges and agrees that the Services offered shall be
provided "AS IS" and as such Lockiz shall not assume any responsibility or obligation for the timeliness,
missed delivery, deletion and/or any failure to store user content, communication or personalization
settings.
Every member's registration data and various other personal information are strictly protected by
the Lockiz Online Privacy Policy (see the full Privacy Policy at https://www.lockiz.com/privacypolicy).
As a member, you herein consent to the collection and use of the information provided,
including the transfer of information within the United States and/or other countries for storage,
processing or use by Lockiz and/or our subsidiaries and affiliates.
Upon registration, you hereby acknowledge that by using www.lockiz.com to send electronic
communications, which would include, but are not limited to, email, searches, instant messages,
uploading of files, photos and/or videos, you will be causing communications to be sent through
our computer network. Therefore, through your use, and thus your agreement with this TOS, you
are acknowledging that the use of this Service shall result in interstate transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to
comply with all local rules relating to online conduct and that which is considered acceptable
Content. Uploading, posting and/or transferring of software, technology and other technical data
may be subject to the export and import laws of the United States and possibly other countries.
Through the use of our network, you thus agree to comply with all applicable export and import
laws, statutes and regulations, including, but not limited to, the Export Administration Regulations
(http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of
the United States (http://www.treasury.gov/resourcecenter/
sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government
export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm)
nor a member of any other government which may be part of an export-prohibited country
identified in applicable export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use
of our network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical
or biological weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data
which would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Lockiz shall not lay claim to ownership of any content submitted by any visito ror user, nor make
such content available for inclusion on our website Services. Therefore, you hereby grant and
allow for Lockiz the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of
Lockiz's sites, the license provided to permit to use, distribute, reproduce, modify, adapt,
publicly perform and/or publicly display said Content on our network Services is for the
sole purpose of providing and promoting the specific area to which this content was placed
and/or made available for viewing. This license shall be available so long as you are a
member of Lockiz's sites, and shall terminate at such time when you elect to discontinue
your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the
publicly accessible areas of Lockiz's sites, the license provided to permit to use, distribute,
reproduce, modify, adapt, publicly perform and/or publicly display said Content on our
network Services are for the sole purpose of providing and promoting the specific area in
which this content was placed and/or made available for viewing. This license shall be
available so long as you are a member of Lockiz's sites and shall terminate at such time
when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible
areas of Lockiz's sites, the continuous, binding and completely sub-licensable license
which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate,
publicly perform and/or publicly display said content, whether in whole or in part, and the
incorporation of any such Content into other works in any arrangement or medium current
used or later developed.
Those areas which may be deemed "publicly accessible" areas of Lockiz's sites are those such
areas of our network properties which are meant to be available to the general public, and which
would include message boards and groups that are openly available to users. However, those
areas which are not open to the public, and thus available to members only, would include our
mail system and instant messaging.
Lockiz provides an area for our users to contribute feedback to our website. When you submit
ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge
and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) shall not be liable or under any obligation to ensure or maintain confidentiality, expressed
or implied, related to any Contributions;
c) shall be entitled to make use of and/or disclose any such Contributions in any such
manner as they may see fit;
d) the contributor's Contributions shall automatically become the sole property of ; and
e) is under no obligation to either compensate or provide any form of reimbursement in any
manner or nature.
All users herein agree to insure and hold Lockiz, our subsidiaries, affiliates, agents, employees,
officers, partners and/or licensors blameless or not liable for any claim or demand, which may
include, but is not limited to, reasonable attorney fees made by any third party which may arise
from any content a user of our site may submit, post, modify, transmit or otherwise make
available through our Services, the use of Services or your connection with these Services, your
violations of the Terms of Service and/or your violation of any such rights of another person.
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any
commercial reason any part, use of, or access to 's sites.
Lockiz shall reserve the right at any time it may deem fit, to modify, alter and or discontinue,
whether temporarily or permanently, our service, or any part thereof, with or without prior notice.
In addition, we shall not be held liable to you or to any third party for any such alteration,
modification, suspension and/or discontinuance of our Services, or any part thereof.
Any correspondence or business dealings with, or the participation in any promotions of,
advertisers located on or through our Services, which may include the payment and/or delivery of
such related goods and/or Services, and any such other term, condition, warranty and/or
representation associated with such dealings, are and shall be solely between you and any such
advertiser. Moreover, you herein agree that Lockiz shall not be held responsible or liable for any
loss or damage of any nature or manner incurred as a direct result of any such dealings or as a
result of the presence of such advertisers on our website.
Either Lockiz or any third parties may provide links to other websites and/or resources. Thus, you
acknowledge and agree that we are not responsible for the availability of any such external sites
or resources, and as such, we do not endorse nor are we responsible or liable for any content,
products, advertising or any other materials, on or available from such third party sites or
resources. Furthermore, you acknowledge and agree that Lockiz shall not be responsible or
liable, directly or indirectly, for any such damage or loss which may be a result of, caused or
allegedly to be caused by or in connection with the use of or the reliance on any such content,
goods or Services made available on or through any such site or resource.
You do hereby acknowledge and agree that Lockiz's Services and any essential software that
may be used in connection with our Services ("Software") shall contain proprietary and
confidential material that is protected by applicable intellectual property rights and other laws.
Furthermore, you herein acknowledge and agree that any Content which may be contained in any
advertisements or information presented by and through our Services or by advertisers is
protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore,
except for that which is expressly permitted by applicable law or as authorized by Lockiz or such
applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit,
broadcast, publicly perform and/or created any plagiaristic works which are based on Lockiz
Services (e.g. Content or Software), in whole or part.
Lockiz herein has granted you personal, non-transferable and non-exclusive rights and/or license
to make use of the object code or our Software on a single computer, as long as you do not, and
shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse
engineer, reverse assemble or otherwise make an attempt to locate or discern any source code,
sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the
Software. Furthermore, you do herein agree not to alter or change the Software in any manner,
nature or form, and as such, not to use any modified versions of the Software, including and
without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you
also agree not to access or attempt to access our Services through any means other than
through the interface which is provided by Lockiz for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF LOCKIZ SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU.
OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS
AVAILABLE" BASIS. LOCKIZ AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY
AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
b) LOCKIZ AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) LOCKIZ SERVICES OR
SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) LOCKIZ SERVICES OR
SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii)
THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE LOCKIZ
SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY
PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE
PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE
WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED
IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY
WAY OF LOCKIZ SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE
DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY
RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF
ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR
INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF
DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION
OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT
MAY BE OBTAINED BY YOU FROM LOCKIZ OR BY WAY OF OR FROM OUR
SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF
EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO
HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,
ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC
CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE
FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED
VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION,
ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT LOCKIZ AND OUR
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED
TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL,
USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN
ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS
AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release Lockiz (and its officers, directors,
employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third
parties) from claims, demands and damages (actual and consequential) of every kind and nature,
known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in
any way connected to such dispute.
Should you intend to create or to join any service, receive or request any such news, messages,
alerts or other information from our Services concerning companies, stock quotes, investments or
securities, please review the above Sections Warranty Disclaimers and Limitations of Liability
again. In addition, for this particular type of information, the phrase "Let the investor beware" is
appropriate. Lockiz's content is provided primarily for informational purposes, and no content that
shall be provided or included in our Services is intended for trading or investing purposes. Lockiz
and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of
any information transmitted and/or made available by way of our Services, and shall not be
responsible or liable for any trading and/or investment decisions based on any such information.
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO
YOU.
You herein acknowledge, understand and agree, unless otherwise expressly provided in this
TOS, that there shall be no third-party beneficiaries to this agreement.
Lockiz may furnish you with notices, including those with regards to any changes to the TOS,
including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our
website Services, or other reasonable means currently known or any which may be herein after
developed. Any such notices may not be received if you violate any aspects of the TOS by
accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your
agreement that you are deemed to have received any and all notices that would have been
delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of the Lockiz trademarks, copyright, trade
name, service marks, and other Lockiz logos and any brand features, and/or product and service
names are trademarks and as such, are and shall remain the property of Lockiz. You herein
agree not to display and/or use in any manner the Lockiz logo or marks without obtaining Lockiz's
prior written consent.
Lockiz will always respect the intellectual property of others, and we ask that all of our users do
the same. With regards to appropriate circumstances and at its sole discretion, Lockiz may
disable and/or terminate the accounts of any user who violates our TOS and/or infringes the
rights of others. If you feel that your work has been duplicated in such a way that would constitute
copyright infringement, or if you believe your intellectual property rights have been otherwise
violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the
owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has
been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your
work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not
authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned
information in your notice is truthful and accurate, and that you are the copyright or
intellectual property owner, representative or agent authorized to act on the copyright or
intellectual property owner's behalf.
The Lockiz Agent for notice of claims of copyright or other intellectual property infringement can
be contacted as follows:
Mailing Address:
Lockiz
Attn: Copyright Agent
Bakersfield, California 93301
Telephone: 661 200-7050
Email: hello@lockiz.com
BE IT KNOWN, that Lockiz complies with all applicable Federal Communications Commission
rules and regulations regarding the closed captioning of video content. For more information,
please visit our website at www.lockiz.com.
This TOS constitutes the entire agreement between you and Lockiz and shall govern the use of
our Services, superseding any prior version of this TOS between you and us with respect to
Lockiz Services. You may also be subject to additional terms and conditions that may apply when
you use or purchase certain other Lockiz Services, affiliate Services, third-party content or thirdparty
software.
It is at the mutual agreement of both you and Lockiz with regard to the TOS that the relationship
between the parties shall be governed by the laws of the state of California without regard to its
conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out
of or relating to the TOS, or the relationship between you and Lockiz, shall be filed within the
courts having jurisdiction within the County of United States, California or the U.S. District Court
located in said state. You and Lockiz agree to submit to the jurisdiction of the courts as previously
mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the
parties by such courts and to venue in such courts.
At any time, should Lockiz fail to exercise or enforce any right or provision of the TOS, such
failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found
by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect.
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any
claim or action arising out of or related to the use of our Services or the TOS must be filed within
1 year(s) after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to Lockiz as follows:
Lockiz
Bakersfield, California 93301
Telephone: 661 200-7050
Email: hello@lockiz.com
