Terms & Conditions

Important Notice Regarding Use of this Site:

This Web Site and all other EQUITYLOCK Web Sites (collectively, the “Site”) are provided for your use by EquityLock Solutions, Inc., its affiliates and parent corporation (“EQUITYLOCK”) subject to the following terms and conditions (“Terms”). Your use of this Site constitutes your agreement to the Terms.

Any attempted unauthorized use of or access to this Site is strictly prohibited and may result in criminal and/or civil prosecution. EQUITYLOCK reserves the right to monitor and record access to and use of this Site without notice or permission (see our Privacy Policy). Any information obtained through monitoring is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the Site.

Modifications

EQUITYLOCK reserves the right to change these Terms at any time by posting the changes at the Site and your continued use of this Site will constitute your acceptance of the Terms, as modified. EQUITYLOCK also reserves the right at any time and from time to time to modify, limit or discontinue, temporarily or permanently, with or without notice, use of the Site and any function or page of the Site, including, without limitation, content, hours of availability, products and services offered, terms of use and access requirements. You agree that EQUITYLOCK shall not be liable to you for the modification, suspension or discontinuance of any service or function of the Site.

Secured Pages

Some of the functions available through the Site are provided on a private basis only to customers, vendors or other entities that have registered with EQUITYLOCK including. If there is a conflict between the Terms and the provisions of the agreement, if any, in effect between the User and EQUITYLOCK (a “User Agreement”), the provisions of the User Agreement will control. EQUITYLOCK may post rules (“Rules”) on the Site which are applicable to specific services offered through secured pages. All Rules posted on the Site by EQUITYLOCK are incorporated by reference into these Terms.

Access to secured pages may be controlled through the assignment of User Name IDs and Passwords. You are responsible for maintaining the confidentiality of the User Name ID and any Passwords assigned to you by EQUITYLOCK, and are fully responsible for all activities that occur under your User Name ID and Password. You agree to notify EQUITYLOCK immediately of any unauthorized use of your User Name ID or Password or any other breach of security pertaining to use of this Site. If EQUITYLOCK reasonably believes that you have provided any registration information that is false, misleading, inaccurate or incomplete, EQUITYLOCK may terminate or suspend your access to and use of the Site. You agree that any termination or suspension of your access to this Site may be effected without prior notice and without liability to you.

For your protection, EQUITYLOCK monitors and adheres to recognized industry information security practices to safeguard the information you exchange with EQUITYLOCK over secured pages.

User Restrictions and Responsibilities

You (“User”) agree not to do any of the following in connection with your use of the Site:

  • download or print any information from this Site for any purpose other than for your personal use or for conducting User’s business with EQUITYLOCK via the Site;
  • upload, post, e-mail, transmit or otherwise make available on or through the Site any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise offensive;
  • upload, post, e-mail, transmit or otherwise make available on or through the Site any content that infringes any patent, trademark, trade secret, copyright or other property rights of any person or entity;
  • upload, post, e-mail, transmit or otherwise make available on or through the Site any material that contains any computer virus or other computer code, files or programs designed to interrupt, destroy, limit or interfere with the functionality of any computer software, hardware or telecommunications service or equipment, including any denial of service attack mechanisms;
  • remove, alter, obscure or destroy any copyright, patent or other property rights notice or marking displayed on the Site;
  • reverse engineer, disassemble, decompile or otherwise attempt to discover the source code to any software, systems, designs, processes or proprietary information of EQUITYLOCK;
  • copy (other than in the ordinary course of business use of the Site) any Site screen displays, video, audio, animation, graphics, photographs or text, or remarket, resell, or redistribute the Site, in whole or part, or include any portion of the Site by the practice commonly known as “framing” in any other Internet or World Wide Website, without in each case obtaining the prior written consent of EQUITYLOCK.

You agree to indemnify and hold EQUITYLOCK and its affiliates harmless from any claim or demand, including reasonable attorneys’ fees and costs associated therewith, made by any third party due to or arising out of any content you submit, post, transmit or make available through the Site, your use of the Site, your violation of any of these Terms or your violation of the rights of a third party.

Trademarks and Copyrights

The Site includes service marks and trademarks of EquityLock Solutions, Inc. and its affiliates, including “EQUITYLOCK.” The Site may also contain trademarks and service marks of third parties used by EQUITYLOCK with permission. No right or license to use any patent, copyright, trademark, service mark, trade secret or other intellectual property contained in this Site, or in any software, systems, designs or processes related to this Site, is granted to or otherwise conferred upon you pursuant to these Terms, and all such rights are reserved to and shall remain the exclusive property of EQUITYLOCK.

Links

The Site contains links to other Internet sites and resources. Please be aware that EQUITYLOCK has no control over third-party sites or resources and is not responsible for the availability of any third-party sites or for any content, products or services obtained from such third-party sites. For information about any linked site, you should read the terms of use posted at that site.

Jurisdiction and Restriction on Foreign Use

The Site is administered by EQUITYLOCK from its offices in Denver, Colorado, USA. EQUITYLOCK makes no representation or warranty that content or services of the Site are appropriate or available for use outside of the United States or Puerto Rico, and access to the Site from outside the United States or Puerto Rico is prohibited. You may not use or export the materials at the Site in violation of applicable laws and regulations, including, without limitation, United States export laws and regulations. If you choose to access the Site from outside the United States, you are responsible for compliance with local law. These Terms will be governed by and construed in accordance with the laws of the State of Colorado, without reference to such State’s conflicts of law principles.

Limitations of Liability and Damages

THIS SITE AND THE INFORMATION PRESENTED AT THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. THIS SITE AND THE INFORMATION DISPLAYED AT AND OBTAINED THROUGH USE OF THE SITE ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES OF ANY KIND. EQUITYLOCK HEREBY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO (i) ANY WARRANTIES AS TO THE AVAILABILITY, CONTENT, ACCURACY, QUALITY, RELIABILITY OR COMPLETENESS OF THE SITE, ANY DATA, INFORMATION, SERVICE OR PRODUCT PROVIDED, OBTAINED OR GENERATED BY OR THROUGH THE SITE, AND (ii) ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EQUITYLOCK DOES NOT WARRANT OR REPRESENT THAT THE SITE WILL PERFORM WITHOUT INTERRUPTION OR ERROR, OR THAT ALL IRREGULARITIES, ERRORS, PROBLEMS OR DEFECTS WILL BE DETECTED OR CORRECTED, OR THAT THE SITE WILL MEET YOUR REQUIREMENTS. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT, CONTRACT, STRICT LIABILITY, WARRANTY OR OTHERWISE, WILL EQUITYLOCK BE LIABLE TO YOU OR OTHERS FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE OR PROFITS, LOSS OF GOODWILL, LOSS OF SAVINGS, LOSS OF USE, INTERRUPTIONS OF BUSINESS OR CLAIMS OF OTHERS ALLEGED AS A RESULT OF YOUR USE OF, OR INABILITY TO USE, THIS SITE, EVEN IF EQUITYLOCK OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE. IN NO EVENT SHALL THE TOTAL LIABILITY OF EQUITYLOCK TO YOU FOR ALL DAMAGES, LOSSES AND CLAIMS EXCEED THE AMOUNT PAID BY YOU TO EQUITYLOCK, IF ANY, FOR ACCESSING THIS SITE.

FOR PURPOSES OF ALL THE LIMITATIONS OF LIABILITY AND DAMAGES SET FORTH IN THIS AGREEMENT: “YOU” SHALL BE DEFINED AS THE USER, ITS REPRESENTATIVES, EMPLOYEES, SUCCESSORS, ASSIGNS, ALL PERSONS CLAIMING BY OR THROUGH SUCH USER AND ANY PERSON WHO ACCESSES AND USES THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Notices

Notices to Users of secured pages within the Site may be made via e-mail or regular mail. EQUITYLOCK also may provide notices of changes to these Terms, Rules applicable to particular services offered through secured pages within the Site, or other matters by displaying notices or links to notices on the Site. Notices to EQUITYLOCK should be given by regular or certified mail addressed to EquityLock Solutions, Inc, P.O. Box 534 Hudson, Ohio 44236, Attention: General Counsel.

Ownership of Information

Except as set forth in another agreement in effect between EQUITYLOCK and you or as otherwise specified in these Terms, any information, suggestions, questions, comments or other communications or material you transmit to the Site will become the property of EQUITYLOCK and will not be treated as confidential by EQUITYLOCK. EQUITYLOCK may use all such information, communications and materials without obligation to you. However, EQUITYLOCK will not release your name or otherwise publicly identify you as the source of any information unless EQUITYLOCK has received your permission or is required to do so by law.

General Provisions

Neither these Terms nor your use of this Site will create any agency, partnership, joint venture or other relationship between EQUITYLOCK and you. Except for any User Agreement, these Terms constitute the entire agreement between EQUITYLOCK and you pertaining to your use of this Site, and supersede any and all prior agreements, offers, proposals, representations and understandings between EQUITYLOCK and you relating to this Site. Failure by EQUITYLOCK to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. If any of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable to any extent, it is agreed that the court should attempt to give effect to the intentions expressed by these Terms and the remaining Terms shall not be affected by such determination and shall be enforced to the fullest extent permitted by law. You agree that notwithstanding any law to the contrary, any claim relating to these Terms or this Site must be commenced within one year of the circumstance or event giving rise to such claim or forever be barred. These Terms shall survive the termination of your use of this Site, regardless of the reason for termination.

Privacy Policy

Please see Privacy Statement page concerning EQUITYLOCK’s privacy policy.