TERMS OF USE

Last Revised: August 26, 2014

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE FROM ANY COMPUTER, MOBILE PHONE, OR OTHER ELECTRONIC DEVICE, YOU CERTIFY THAT YOU HAVE READ, UNDERSTAND, AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS OF USE AS DESCRIBED HEREIN, ALL TERMS INCORPORATED BY REFERENCE, AND ANY OTHER APPLICABLE LAW. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, DO NOT ACCESS OR USE THIS WEBSITE.

CyberLock, Inc. (“CyberLock”) reserves the right to change these terms and conditions of use and any terms incorporated by reference (collectively, “Terms of Use”) from time to time without prior notice, effective immediately upon posting to this website (available at www.cyberlock.com, hereafter “CyberLock Site”). CyberLock will notify you when these Terms of Use have changed by posting a notice on the CyberLock Site. You hereby waive any right to receive specific notice of changes to these Terms of Use. Your continued use of the CyberLock Site shall constitute acceptance to these Terms of Use as modified. Accordingly, we encourage you to frequently review these Terms of Use to ensure you understand the terms and conditions applicable to your use of the CyberLock Site.

These Terms of Use govern all aspects of your access to and use of the CyberLock Site, and constitute a binding legal agreement between you, any person or legal entity on whose behalf you are acting, and CyberLock.

PRIVACY

Please see CyberLock’s Privacy Policy, incorporated herein by this reference, for information and notices regarding CyberLock’s collection, use, and disclosure of your personal information.

THIRD PARTY CONTENT

CyberLock may provide or otherwise allow third party content on this website and may provide links to websites, applications, products, services, or other content created or operated by third parties (collectively, “Third Party Content”). CyberLock does not endorse, monitor, verify accuracy, or exercise any control over Third Party Content and websites operated by third parties have separate terms of use and privacy policies. You understand and agree that CyberLock is not responsible for Third Party Content, or the privacy policies that govern such Third Party Content, and assumes no liability for your access to or reliance on Third Party Content. You access Third Party Content solely at your own risk.

PROPRIETARY INFORMATION

The trademarks, logos, service marks, custom graphics, and trade dress displayed on the CyberLock Site are trademarks and registered trademarks of CyberLock, its licensors, and others. Except as provided in these Terms of Use or by written permission of CyberLock, you may not copy, imitate, modify, display, or use the trademarks in any manner. If you are an authorized reseller of CyberLock and you have received permission to display or use the trademarks, please refer to our Trademark and Logo Usage Guidelines to ensure that your display or use is proper. Use or display of trademarks in a manner that is inconsistent with our Trademark and Logo Usage Guidelines violates these Terms of Use and may violate applicable United States and international copyright and trademark laws and regulations.

All content provided on the CyberLock Site (with the sole exception of Third Party Content), including but not limited to information, text, photos, graphics, designs, sounds, music, animations, videos, software, scripts, and all other content (collectively, “CyberLock Content”) is owned or controlled by CyberLock or its licensors and is protected by United States and international copyright laws. You understand and agree that all CyberLock Content is the sole property of CyberLock and its licensors who shall retain all right, title, and interest in and to it.

LIMITED LICENSE

Subject to your compliance with these Terms of Use, CyberLock hereby grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, and print any CyberLock Content solely for your informational, personal, and non-commercial use. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any CyberLock Content or Third Party Content provided on or made available through the CyberLock Site. You may not modify, publish, retransmit, stream, broadcast, participate in the transfer, sale or resale of, download, copy (other than temporary copies that may be created automatically by your browser), create derivative works of, distribute, perform, or display any CyberLock Content in any manner, except as expressly permitted in these Terms of Use. You agree not to use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the CyberLock Site that is not expressly permitted herein, or otherwise violates these Terms of Use, is strictly prohibited and will terminate this Limited License. Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be interpreted as granting any license to intellectual property rights, whether by estoppel, implication, or otherwise. CyberLock reserves the right to revoke this license at any time and for any reason without prior notice.

USER CONDUCT

By using or accessing the CyberLock Site, you agree not to do any of the following:

  • Use the CyberLock Site in any unlawful manner or any manner that could potentially overburden, impair, or disable any aspect of the CyberLock Site;
  • Use any robot, spider, crawler, or similar data gathering methods to search or extract data other than search tools provided by CyberLock or generally available third party web browsers;
  • Use automated scripts to interact with or collect information from the CyberLock Site;
  • Attempt to probe, scan, or test the vulnerability of any CyberLock system or network;
  • Utilize any CyberLock trademarks, product names, logos, or other CyberLock Content in hidden text, meta tags, or other metadata without our written consent;
  • Use frames, framing techniques, or similar methods and technology to enclose, mirror, or otherwise display the CyberLock Site or any portion of CyberLock Content without our written consent;
  • Use the CyberLock Site for any commercial purpose or in any manner not expressly permitted by these Terms of Use;
  • Submit false or misleading information to CyberLock;
  • Attempt to decipher, decompile, translate, reverse engineer, or otherwise disassemble any software utilized to provide any aspect of the CyberLock Site;
  • Violate any applicable law or regulation;
  • Encourage, enable, or assist any other individual or entity to do any of the foregoing or otherwise violate these Terms of Use.

CyberLock will investigate and prosecute any violations of the above User Conduct rules to the full extent of the law, including cooperating with law enforcement authorities in prosecuting such violations. Any use of the CyberLock Site in violation of the User Conduct rules violates these Terms of Use and may result in termination of your rights to use the CyberLock Site. While CyberLock does not have an obligation to monitor your conduct on the CyberLock Site, CyberLock reserves the right to monitor user conduct for any reason and at any time without notice. Your use of the CyberLock Site is at your own risk.

UNSOLICITED IDEA OR INVENTION SUBMISSIONS

Please be advised that CyberLock does not accept unsolicited ideas from outside sources under any circumstances. We employ an innovative team of sales, marketing, and product design specialists who are constantly researching new ideas, methods, and techniques for getting our products into their respective markets. Moreover, all of our products are designed, manufactured, and tested by a respected engineering company with over 30 years of experience. It is very likely that your idea has already been explored, and may have been implemented in the past, by our company, our manufacturer, and/or others in the field. While we sincerely value feedback regarding our products and business practices, we will not accept suggestions for new products, advertising, or promotions from anyone outside our company. Accordingly, any unsolicited product information sent to CyberLock or to its employees will be considered public knowledge, free for use and dissemination by CyberLock without restriction. You acknowledge and agree that CyberLock will not treat as confidential your ideas, proposals, designs, products, sketches, or any other information that you may submit or disclose to CyberLock even if your submission is marked or otherwise identified as confidential. Notwithstanding the foregoing, this section shall not modify, revoke, or otherwise affect the operation or enforceability of any valid non-disclosure agreement or confidentiality agreement to which CyberLock is a party.

LIMITATION OF LIABILITY

CYBERLOCK SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS TO, USE OF, OR INABILITY TO USE THE CYBERLOCK SITE, EVEN IF CYBERLOCK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE CYBERLOCK SITE REMAINS WITH YOU AND YOUR SOLE REMEDY AGAINST CYBERLOCK SHALL BE TO DISCONTINUE USE OF THE CYBERLOCK SITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CYBERLOCK, UNDER ANY LEGAL THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR FROM THE ACCESS TO, USE OF, OR INABILITY TO USE THE CYBERLOCK SITE EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

DISCLAIMER OF WARRANTIES

THE CYBERLOCK SITE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING IN ANY WAY, CYBERLOCK EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY RIGHT, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE CONTENT AVAILABLE ON OR THROUGH THE CYBERLOCK SITE. CYBERLOCK DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE CYBERLOCK SITE. CYBERLOCK DOES NOT REPRESENT OR WARRANT THAT THE CYBERLOCK SITE OR CYBERLOCK CONTENT IS ACCURATE, COMPLETE, RELIABLE, TRUTHFUL, OR ERROR FREE. CYBERLOCK MAKES NO WARRANTY THAT THE CYBERLOCK SITE OR CYBERLOCK CONTENT WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, ERROR-FREE, OR VIRUS-FREE BASIS, OR THAT DEFECTS WILL BE CORRECTED.

INDEMNIFICATION

You agree to defend, indemnify, and hold CyberLock, its affiliates, suppliers, distributors, and licensors, and the respective officers, directors, employees and agents, harmless from and against any and all claims, demands, proceedings, suits and actions, including any losses, liabilities, expenses, damages, judgments, penalties, fines, expenses (including, without limitation, attorneys’ fees), and costs, arising from or relating in any way to your access to and use of the CyberLock Site or CyberLock Content, or your violation of these Terms of Use or any applicable law or regulation.

SEVERABILITY

If any provision in these Terms of Use is held invalid or unenforceable, in whole or in part, that provision shall be enforced to the maximum extent permissible and the remaining provisions of these Terms of Use shall remain in full force and effect.

TERMINATION

Notwithstanding any of these Terms of Use, CyberLock reserves the right, without prior notice, to terminate any license granted to you by these Terms of Use at any time, with or without cause, and to use any appropriate method to block or prevent your continued access to and use of the CyberLock Site. These Terms of Use remain in effect even if your access to or use of the CyberLock Site is blocked or restricted. The Terms of Use relating to Proprietary Information, Indemnification, Disclaimer of Warranties, Limitation of Liability, Miscellaneous, Severability, and any terms that by their nature may survive termination shall survive any such termination.

MISCELLANEOUS

These Terms of Use constitute the entire understanding and agreement between CyberLock, you, and any person or legal entity on whose behalf you are acting, regarding the access to and use of the CyberLock Site. Any cause of action you may have with respect to access to or use of the CyberLock Site must be commenced within one (1) year after the claim or cause of action arises. You understand and agree that this website shall be deemed a passive website based in the State of Oregon, USA, and that the CyberLock Site is not sufficiently interactive to confer personal jurisdiction over CyberLock in other jurisdictions. Any failure by CyberLock to enforce strict performance of any provision in these Terms of Use shall not constitute a wavier of any provision or right. CyberLock may assign or transfer its rights and duties under these Terms of Use without restriction and without notice to you. CyberLock may modify, suspend, or discontinue any aspect of the CyberLock Site, CyberLock Content, or Third Party Content for any reason and at any time without liability or notice to you. Any such modifications are subject, without limitation, to these Terms of Use.

APPLICABLE LAW AND VENUE

You agree that these Terms of Use, our Privacy Policy, and your use of the CyberLock Site shall be governed in all aspects by the laws of the State of Oregon, without resort to its conflict of law provisions, regardless of your actual country or state of residence. All disputes, claims, and legal proceedings directly or indirectly arising out of or relating to your access to or use of the CyberLock Site, these Terms of Use, or our Privacy Policy, shall be decided by the state courts of Oregon or the United States District Court for the District of Oregon. You agree that any such dispute, claim, or legal proceeding shall be filed exclusively in the state or federal courts located in Eugene, Lane County, Oregon, and you hereby irrevocably and unconditionally consent to the exclusive jurisdiction and venue of such courts.

CONTACT

If you have any questions or concerns regarding these Terms of Use, our Privacy Policy, our Trademark and Logo Usage Guidelines, or the CyberLock Site please use the contact information provided below.

Attn: Human Resources
CyberLock, Inc.
1105 NE Circle Blvd.
Corvallis, OR 97330