Acceptance By You
Notice: Please read these Terms and Conditions carefully before you begin accessing or using our website, https://lock-green.com, our related websites, or our mobile applications (collectively the “Site”). WeInIt, Products, LLC d/b/a LOCKGREEN (“LOCKGREEN”, “we”, “us” or “our”), provides the Site subject to your agreement to and compliance with these Terms and Conditions.
PLEASE READ THESE TERMS CAERFULLY, SINCE THEY CONTAIN IMPORTANT INFORMATION ABOUT A CLASS ACTION WAIVER AND A BINDING ARBITRATION PROVISION, REQUIRING YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS AND YOUR WAIVER OF A RIGHT TO A JURY TRIAL. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE AND THAT YOU WAIVE THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
THESE TERMS ARE A BINDING LEGAL AGREEMENT. BY ACCEPTING THESE TERMS AND ACCESSING OR USING THE SITE AND/OR THE SERVICES IN ANY WAY YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELF AND/OR THE ENTITY THAT YOU REPRESENT IN CONNECTION WITH THE ACCESS AND USE OF THE SERVICES AND THE SITE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF AND/OR THE ENTITY THAT YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE THE SITE AND ACCESS THE SERVICES AND TO KNOWINGLY AND WILLINGLY FORM A BINDING CONTRACT TO ENTER INTO THESE TERMS.
These Terms are entered into by and between you (“you” “your” “yourself” or “user”), and the entity you represent, if any, and LOCKGREEN. You agree to be bound by these Terms and any other terms and conditions provided by us when visiting our Site, when purchasing any of our products or Services, sending us any correspondence, creating an account, or otherwise engaging with us in any way, even if you do not make a purchase.
Eligibility and Use of the Site
We offer the Site and make it available to users who are 21 years of age or older and reside in the United States or any of its territories or possessions.
By using the Site you represent and warrant that you are of legal age to form a binding contract with LOCKGREEN and meet all the foregoing eligibility requirements. If you do not meet all these requirements, do not access or use the Site.
Our Site is not intended for anyone under 21 years of age. You must be 21 years of age or older to use the Site. If you are under 21, please do not use or provide any information on the Site or use any of its features, register on the Site, make any purchases through the Site, or provide any information about yourself to us. These Terms provide you and us with specific legal rights. In addition, you may also have other legal rights which may vary depending on the jurisdiction in which you are located.
Changes to the Terms
We may revise and update these Terms at any time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site and the Services thereafter. However, any changes to the dispute resolution provisions, governing law, and jurisdiction, will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Site.
We reserve the right, in our sole discretion to terminate your access to the Services or any portion of the Site at any time, and for any reason, or no reason at all, without any prior notice or any notice whatsoever.
Accessing the Site and Account Security
We have the right to withdraw or amend the Site, and any Service, or material we provide on the Site, in our sole discretion and without notice. We are not liable if, for any reason, all or any part of the Site are unavailable at any time or for any period. We may restrict access to limited parts of the Site, or the entire Site, to users, including registered users, if any.
You are responsible for:
- Making all arrangements necessary for you to have access to the Site.
- Ensuring that all persons who access the Site through your Internet connection are aware of these Terms and comply with them.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you agree to treat such information as confidential, and you agree not to disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you logout from your account and exit from your browser at the end of each session. You should exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if in our opinion you have violated any provision of these Terms.
Intellectual Property Rights
The Site and its entire contents, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of LOCKGREEN or its content suppliers and protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The following are registered trademarks of LOCKGREEN: “LOCKGREEN” You may not use these marks without the prior written consent of us. All trademarks, service marks, logos and trade names on the Site, whether registered or unregistered, are proprietary to us or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of us or the appropriate owner thereof. The compilation of all content on this site is the exclusive property of us and protected by U.S. and international copyright laws.
These Terms permit your use of the Site for your personal, non-commercial use only. We may also permit use of the Site for specific business purposes as we sees fit, at our sole discretion. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials.
- You may store files automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide social media features with certain content, you may take such actions as are enabled by such features consistent with these Terms.
You must not:
- Modify copies of any materials from this Site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.
- You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If You wish to make use of any material on the Site other than that set out in this section, please address your request to: firstname.lastname@example.org
If you otherwise use or provide any other person with access to any part of the Site in breach of these Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate other laws.
Acceptable Use and Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
- In any way that violates any applicable federal, state, local, or international law or regulation including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries.
- To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity including, without limitation, by using email addresses or usernames, or login information associated with any of the foregoing.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site or expose them to liability.
- In any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site in any way.
You also agree not to:
- Use any automatic device or process or means, including the use of robots and spiders to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose, without prior written consent.
- Use any device, routine, or software that interferes with the proper working of the Site or attack the Site using a denial-of-service or distributed denial-of-service attack.
- Introduce any harmful or malicious codes or other material, such as viruses, Trojan horses, worms, or logic bombs.
- Make any attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which it resides, or any computer or database connected to the Site or otherwise attempt to interfere with the proper functioning of the Site.
You are solely responsible for your User Submissions, the consequences of your user Submissions, and your reliance on any User Submissions. We are not responsible for the consequences or accuracy of any User Submissions. You assume all risks and liabilities associated with the use of your User Submissions, including any reliance on its accuracy, completeness, or usefulness by us or others or any disclosure of your User Submissions that makes You or any third party personally identifiable.
If You choose to submit a user review of a product or service to us, we may choose to post it on our Site, after our review, in our sole discretion. You further agree that we have the right to use in any way at our sole discretion and without any payment or accounting to you or others, any User Submissions (or those who act on your behalf) transmitted to us. Furthermore, you represent and warrant that you own or control all rights in and to the User Submissions and that you have the right to grant the license described above to us and our affiliates and service providers and each of their and our respective licensees, successors, and assigns and that your User Submissions do and will comply with these Terms and do not violate the intellectual property rights of any third-party.
You understand and agree that you are solely responsible for any User Submissions you submit or contribute and that you, not us, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible or liable to any third-party for the content or accuracy of any User Submissions provided by you or any other user of the Site and you agree to indemnify, hold us harmless for any and all claims, actions, losses, and damages of any kind, including reasonable attorney fees, arising from your User Submissions.
Enforcement and Monitoring
We may review your product and service reviews, if any. We do not pre-screen User Submissions posted to our social media pages, however, although not required to do so, we have the right to:
- Take any action with respect to any User Submission that we deem necessary or appropriate in our sole discretion, including if we believe that such User Submission has violated these Terms, violates any intellectual property rights or other rights of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for the Company.
- Disclose any informational content users post, including user identity or other information to any third party who claims that material your post violates their rights, including intellectual property rights.
- Take appropriate legal action, including referral to law enforcement authorities for any illegal or unauthorized use of the Site.
- Terminate or suspend your access to the Site, in our sole discretion for any reason, including violating these Terms, or for no reason.
These content standards apply to any and all User Submissions and use of Interactive Features. User Submissions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Submissions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person or misrepresent Your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Note – It is our policy, in appropriate circumstances, to terminate the accounts of users who are repeat infringers or repeatedly charged with infringement.
Copyright Infringement – Notice and Take Down Procedures
The U.S. Digital Millennium Copyright Act (“DCMA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe any content from the Site infringes upon any copyright you own or control you may request removal of such content by sending Us a notice (and any counter-notices) of copyright infringement to:
LOCKGREEN Copyright Agent
P.O. Box 7302
Suffolk, VA 23437
For clarity, only DMCA notices should go to the Copyright Agent; you should direct any other feedback, comments, requests for technical support and other communications should to customer service through email@example.com. You acknowledge that if you fail to comply with all the requirements of this section your DMCA notice may not be valid.
In your request you must provide the following information:
- Identification of the copyrighted work(s) that you believe to be infringed. Please describe the work(s) and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work(s) if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the content that You believe to be infringing, and its location. Please describe the content and provide us with its URL and/or any other pertinent information that will allow us to locate the allegedly infringing content.
- Your name, address, telephone number, and email address;
- A statement that you have a good faith belief that the complained of use of the work(s) is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in this notification is accurate and, “under penalty of perjury,” you are the copyright owner or authorized representative; and
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Counter-Notice. If you believe that the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent or pursuant to the law to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent: (i) your physical or electronic signature; (ii) Identification of the Content that has been removed, or to which access has been disabled, and the location at which the content appeared before it was removed or disabled; (iii) A statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or misidentification of the Content; and (iv) your name, address, telephone number and email address, a statement that you consent to the jurisdiction of the federal court in the Eastern District of Virginia, Norfolk Division, USA and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complainant informing them that they may replace the removed content or cease disabling it in 10 working days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced or access to it restored, in 10 to 14 working days or more after receipt of the counter-notice, at our sole discretion.
Changes to the Site
We may update the content on the Site at any time at our sole discretion. However, any of the material on the Site may be out of date at any given time and we are under no obligation to update such material.
Information About You and Your Visit to Our Site
Purchases – Other Terms
All purchases made are governed by these Terms. Additional terms and conditions may also apply to specific portions, services, features, or promotions on the Site. All additional terms and conditions are hereby incorporated by this reference into and made part of these Terms. We reserve the right to refuse to process or complete any order you place with us for any reason, for example, if we know or suspect that you intend to resell some or all of the products specified in your order as part of a commercial business without our express written permission. You may only place orders for private domestic purposes and the purchase for resale and/or reselling of any product as part of any business whether online or otherwise is expressly prohibited unless agreed to in writing by us.
Unless otherwise agreed in writing by us, the products ordered, purchased, or delivered pursuant to these Terms are provided to you solely for your use and shall not be distributed or resold to third-parties. Unless you are an authorized wholesaler/reseller of our products any resale or redistribution of the products by you shall be void and a breach of these Terms. You shall not change, remove or obscure any labels, plates, insignia, lettering, or other markings that are on the products at the time of delivery.
Linking to the Site and Social Media
The Site may also provide certain social media features that enable you to link to our social media pages or:
- Link from your own or third-party Site to certain content on this Site.
- Send emails or other communications with certain content, or links to certain content, on this Site.
- Cause portions of content on this Site to display on your own or certain third-party Site.
You may use these features only as they are provided by us solely with respect to the content with which they are displayed.
You may not:
- Establish a link from any Site not owned by you.
- Cause the Site or portions of the Site to be displayed on, or appear to be displayed by any other site, such as through framing, deep linking, or in-line linking.
- Link to any part of the Site other than the homepage.
- Take any other action inconsistent with these Terms.
The Site from which you are linking or on which you make our content accessible must comply in all respects with the Content Standards set out in these Terms. You agree to cooperate with us in causing any unauthorized linking or framing to immediately cease. We have the right, in our sole discretion, to withdraw this permission at any time without notice and to disable any or all social media features and links at any time without notice.
Links from the Site
This Site may contain links to other sites, advertisements, and content provided by third-parties, including social media sites. These links are for your convenience only. These third-party sites are not under our control. We are not responsible for the links to those third-party sites, or the content of those third-party sites, advertisements, or other content and we accept no responsibility for any loss or damage that may arise from your use of them. If you choose to decide to utilize such links, you do so at your own risk and subject to the terms and conditions of those third-party sites. You hereby agree to release the us and our officers, employees, agents, affiliates, subsidiaries, partners, parents, successors, assigns, or any other company or entity under common control with us from all claims, losses, damages, rights, and actions of any kind, including, but not limited to personal injury, death, property damage, that are directly or indirectly related to or arise out of any interactions with, accessing of, or conduct by other site users or third-party sites.
Geographic Restrictions on Use
The owner of the Site is based in the United States. We provide this Site for use only by persons in the United States. All information is processed in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. We do not represent that the content, goods, or services are appropriate for use in other locations. If you access the Site from outside the United States, you do so on your own initiative and at your own risk and are responsible for compliance with local laws.
Access to the Site from jurisdictions where the products or services are illegal or penalized is prohibited. No information from the Site may be downloaded or otherwise re-exported (i) into or to a national or resident of any country to which the United States embargoes or sanctions goods, services or technology; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By using information from the products and services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Reliance on Information
All content available on the Site, is provided for informational purposes only. Such information is not intended to be and is not professional healthcare advice or a substitute for such advice, or for diagnosis, treatment, cure, or prevention of any health conditions or disease and you should not rely on them as such. You should always seek the advice of a physician if you have any questions about any of the information you receive from the Site. We do not represent or guarantee that such information is accurate, complete, or timely. The Site may include content provided by third-parties. All statements and/or opinions expressed in Site content, and all responses to questions, and other content, other than the content provided directly from us, are solely the opinions and the responsibility of the person or entity providing that content and does not reflect the opinion of us and we are not responsible or liable to you or any third-party for the content or accuracy of any content provided by third-parties.
Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Site or in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or in the Services or on any related website, should be taken to indicate that all information on the Site or in the Services or on any related website has been modified or updated.
Disclaimer of Warranties and Limitation of Liability
THE LIMITED WARRANTY FOR THE PRODUCTS IS SET FORTH IN THE LIMITED WARRANTY IN OUR TERMS OF SALE.
LOCKGREEN intends for the information and data contained on the Site to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided ‘AS IS’ and “AS AVAILABLE”. You expressly agree that your use of the Site and any information contained therein is at your sole risk. NEITHER LOCKGREEN NOR ITS THIRD-PARTY SERVICE PROVIDERS, CONTRACTORS, PARTNERS, SUPPLIERS, OR AFFILIATES WARRANT THE ACCURACY, OR COMPLETENESS OF THE CONTENT PROVIDED ON THIS SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE, PURCHASED THROUGH, OR INCLUDED ON THIS SITE. WE CANNOT AND DO NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, EMAIL SENT FROM THIS SITE ,OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. Accordingly, to the extent permitted by applicable law, LOCKGREEN EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Certain jurisdictions may not allow the disclaimer of warranties so such disclaimers may not apply to you.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE, ITS CONTENT, AND ANY SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY SITE LINKED TO IT.
IN NO EVENT SHALL LOCKGREEN, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, PARENTS, JOINT VENTURES, SUCCESSORS, ASSIGNS, LICENSORS, CONTRACTORS, AND ANY OTHER COMPANIES UNDER COMMON CONTROL WITH US, ANY INDEPENDENT CONTRACTORS, OR OUR THIRD PARTY VENDORS (“LOCKGREEN PARTIES”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOSS OF DATA, LOSS OF USE, OR, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH LOCKGREEN PARTIES, YOUR USE OF THE SITE, PURCHASE OR USE OF THE PRODUCTS OR SERVICES, OR THIRD PARTY SITES, OR YOUR INTERACTION WITH OR RELIANCE ON ANY ADVICE FROM ANY SUCH PERSON OR ENTITY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE, PRODUCTS, SERVICES, AND THIRD PARTY SITES AND ANY INTERACTIONS WITH OR RELIANCE ON ADVICE FROM ANY SUCH PERSON OR ENTITY ARE AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE IN CONNECTION THEREWITH INCLUDING BUT NOT LIMITED TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH LOCKGREEN PARTIES, ANY INTERACTIONS WITH OR RELIANCE ON ADVICE FROM ANY SUCH PERSON OR ENTITY, OR THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID US IN THE PRIOR 12 MONTHS. WE AGREE THAT ANY CLAIM BETWEEN US MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE EVENT(S) GIVING RISE TO SUCH CLAIM. LOCKGREEN DISCLAIMS ALL LIABILITY OF ANY KIND OF LOCKGREEN’S LICENSORS AND SUPPLIERS. UNDER NO CIRCUMSTANCES WILL LOCKGREEN BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF, OR EXPOSURE TO, ANY CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE.
YOU UNDERSTAND AND AGREE THAT THIS LIMITATION OF LIABILITY IN THIS SECTION SHALL APPLY EVEN IF COMPANY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED OR LIMITED WARRANTY, NEGLIGENCE OF ANY KIND OR DEGREE, STRICT PRODUCT LIABILITY, SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, OR ANY OTHER THEORY OF LIABILITY.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU ALSO MAY HAVE OTHER LEGAL RIGHTS THAT VARY DEPENDING ON JURISDICTION.
You agree to indemnify, and hold harmless the LOCKGREEN PARTIES, from and against any claims, demands, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ and accounting fees) made by any third-party arising out of or relating to or alleged to have resulted from (a) your violation of these Terms, (b)your use of the Site, products, or the Services, (c) your User Submissions or (d)our use of any information obtained from the Site or violation of the rights of another user. You shall cooperate with LOCKGREEN in the defense of any such claim.
PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS THESE TERMS OTHERWISE PROVIDE, YOU WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION. Other rights that you would have if you went to court, such as access to discovery or appeals, also might be unavailable or limited in arbitration.
Disputes; Agreement to Individual Arbitration
You and LOCKGREEN agree that any dispute, claim, or controversy (that is not resolved informally by good faith negotiation between the parties as set forth below in Mandatory Pre-Arbitration Informal Dispute Resolution) between you and LOCKGREEN its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, ‘LOCKGREEN”) arising from or relating in any way to: (1) these Terms and any other terms and conditions that may apply to the Site our products and Services, and their interpretation, or the breach termination or validity thereof and the relationships which result from these Terms; (2) your use of the Site or any website owned or operated by LOCKGREEN and its affiliated brands; (3) any products or Services purchased, sold, or distributed by LOCKGREEN and its affiliated brands through the Site or any website owned or operated by LOCKGREEN and its affiliated brands or any communications between you and LOCKGREEN, or any promotions provided by LOCKGREEN; or (4) any dispute about the validity, scope, or enforceability of this arbitration provision (collectively, “Covered Disputes”) shall be exclusively and finally resolved through binding and confidential arbitration under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in effect, except as modified herein, on the date the claim is filed, except that, (1) you agree that either you or LOCKGREEN may elect to have an individual claim heard in small claims court consistent with any applicable jurisdictional and monetary limits that may apply provided that it is brought and maintained as an individual claim only and is not appealed or removed to any court of general jurisdiction and except further that, (2) you agree that you or LOCKGREEN may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Covered Disputes shall be interpreted broadly. The AAA rules may be found at: https://www.adr.org/.
You agree to arbitration on an individual basis. The arbitrator’s costs shall be borne equally by the parties and each party shall be responsible for its own preparation, discovery, and internal and external costs incurred to prosecute or defend the Covered Disputes. The prevailing party in any arbitration proceeding will be entitled to, in addition to any other relief granted, recover its reasonable costs and attorney’s fees, as determined by the arbitrator. The arbitrator shall be bound by the express provisions of this arbitration clause in deciding any Covered Disputes. The determination of the arbitrator shall be final, and except as provided by law, shall not be subject to appeal or judicial review. Any court of competent jurisdiction may enforce any award or determination rendered by the arbitrator. The arbitrator shall not have the authority to award damages for lost profits or consequential damages, or special, punitive, or other exemplary damages of any sort.
Mandatory Pre-Arbitration Informal Dispute Resolution
Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advanced written notice of its intent to file for arbitration. We will provide such notice by e-mail to your e-mail address on file with us and you must provide such notice to us by sending the notice to us at the following address:
P.O. Box 7302
Suffolk, VA 23437
During such 60-day notice period, the parties will endeavor to settle amicably and in good faith by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. This provision is a precondition to any arbitration demand, and any party making an arbitration demand must certify that it has complied with the requirement when filing an arbitration demand and AAA may not accept any demand without this certification.
The arbitrator has the sole authority to and shall address all claims or arguments by both parties concerning the formation, legality, and enforceability of this arbitration clause, the scope of this clause, and the arbitrability of any claim or issue arising between us.
Jury Waiver; Class Action Waiver
There is no judge or jury in arbitration and arbitration procedures are generally simpler and access to discovery may be more limited. YOU ACKNOWLEDGE AND AGREE THAT, EXCEPT FOR THE NARROW EXCEPTIONS CONTAINED IN THESE TERMS, YOU AND LOCKGREEN ARE EACH WAIVING OUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
YOU AND LOCKGREEN AGREE THAT ANY CLAIM BROUGHT AGAINST THE OTHER WILL ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY. NEITHER YOU NOR LOCKGREEN ARE ENTITLED TO BRING A CLAIM AS A CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY-GENERAL ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND LOCKGREEN EACH WAIVE ANY RIGHT TO A JURY TRIAL. Further, unless all affected parties agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or group proceeding. If a court decides that applicable law precludes enforcement of any of this subsection’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
To the extent that any other provision of these Terms is found to be inconsistent with rights, duties, and requirements of this arbitration agreement, or where the application of such a provision would change or render unenforceable any part of this arbitration agreement, such provision shall be null and void and the terms of this arbitration agreement shall control.
Governing Law; Venue
You agree that any claim between us involves commerce under, and is governed exclusively by, the Federal Arbitration Act (“FAA”) and federal law, and not by any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or in any way imposing requirements beyond or inconsistent with those set forth in the FAA. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in Virginia and shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia as applicable and the FAA without regard to any choice or conflict of law provision or rule whether of the Commonwealth of Virginia or any other jurisdiction and you consent to the exclusive jurisdiction of the federal and state courts of the Commonwealth of Virginia and waive any objection as to inconvenient forum.
Waiver; Severability; Survival
No waiver by us of any term or provision in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or provision and any failure of us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or otherwise unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
Those provisions of these Terms that would naturally survive the termination or expiration of this agreement shall survive such termination or expiration and shall continue in full force and effect, including, without limitation, the following; Waiver; Severability; Survival, Acceptable Use and Prohibited Uses, User Submissions, Intellectual Property, Disclaimer of Warranties and Limitation of Liability, Indemnification, Jury Waiver; Class Action Waiver, Governing Law and Venue, Disputes; Arbitration, Waiver and Severability, Assignment, Mandatory Pre-Arbitration Informal Dispute Resolution, and Entire Agreement.
No Third Party Beneficiaries
Except as expressly set forth in these Terms, nothing in these Terms shall be construed as giving any person or entity, other than the parties hereto any right, remedy or claim under or in respect of these Terms or any provision hereof.
Nothing contained in these Terms or through use of the Site in any way, shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independently responsible for its own actions.
To You: We may provide any notice to You under these Terms by: (i) sending a message to the email address you provide; (ii) by mail; or (iii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. To Us: To give us notice under these Terms, you must contact us as follows: by personal delivery, or overnight courier or registered or certified mail to LOCKGREEN P.O. Box 7302 Suffolk, VA 23437
These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without our prior written consent. These Terms may be assigned by us without restriction. These Terms are binding upon any permitted assignee.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, supply chain disruptions, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic, pandemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
These Terms and any special terms constitute the sole and entire agreement between you and us regarding the use of the Site and the purchase of any products or Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site, the products or the services.
TERMS OF SALE
Disclaimer; Use of Products
OUR PRODUCTS WERE NOT DESIGNED FOR USE IN EVADING OR ELUDING LAW ENFORCEMENT AUTHORITES. OUR PRODUCTS ARE NOT MANUFACTURED OR SOLD WITH THE INTENT THAT THEY BE USED FOR ILLEGAL PURPOSES AND LOCKGREEN EXPECTS THAT YOUR USE OF THE PRODUCTS WILL BE IN COMPLIANCE WITH ALL APPLICABLE LAWS. LOCKGREEN EXPRESSLY DISCLAIMS ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF THE PRODUCTS AND YOU ASSUME ALL RISK OF SAME.
THE PRODUCTS ARE NOT INTENDED FOR THE REUSE OF ANY SMOKEABLE PRODUCT. DO NOT STORE PARTIALLY-SMOKED OR PREVIOUSLY-SMOKED, PARTIALLY-IGNITED OR PREVIOUSLY-IGNITED, OR OTHER USED FLAMMABLE ARTICLES IN THE PRODUCTS OR USE WITH OR IN CONNECTION WITH THE PRODUCTS.
STATEMENTS RELATED TO ODOR/SMELL-PROOF ARE TESTED AS TO HUMANS ONLY AND ARE NOT GUARANTEED
DO NOT PLACE PREVIOUSLY-LIT CIGARETTES OR OTHER USED FLAMMABLE ARTICLES INSIDE PRODUCTS. DO NOT STORE VAPORIZER BATTERIES IN PRODUCTS. DO NOT STORE IGNITION ELEMENTS SUCH AS LIGHTERS IN PRODUCTS. REVIEW WARNING LABELS THAT ACCOMPANY PRODUCTS. COMPANY IS NOT RESPONSIBLE FOR INJURY OR OTHER LOSS OR CASUALTY RESULTING FROM MISUSE OF THE PRODUCTS.
Limited Warranty; Disclaimer
COMPANY WARRANTS THAT DURING THE WARRANTY PERIOD ONLY, A PRODUCT PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. YOU AGREE THAT YOUR SOLE REMEDY FOR BREACH OF THIS WARRANTY IS SET FORTH IN THE LOCKGREEN RETURN POLICY BELOW. WE DO NOT MAKE ANY WARRANTY, REPRESENTATION, OR GUARANTEE REGARDING THE SUITABILITY OF THE PRODUCT FOR ANY PARTICULAR PURPOSE. THIS LIMITED WARRANTY DOES NOT COVER PROBLEMS, DAMAGES, OR DEFECTS, THAT RESULT FROM ABUSE, ACCIDENT, MISUSE, NORMAL WEAR AND TEAR, OR PROBLEMS THAT RESULT FROM YOUR FAILURE TO PROPERLY USE AND MAINTAIN ANY PRODUCT AS DIRECTED. OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPLACEMENT AS SET FORTH IN THE LOCKGREEN RETURN POLICY.
NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY OF ANY KIND, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
Subject to our Return Policy, ALL PRODUCTS SOLD ARE SOLD “AS-IS.” TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTIBILITY AND WARRANTIES OF FITNESS (INCLUDING FITNESS FOR A PARTICULAR PURPOSE) ARE EXPRESSLY WAIVED AND DISCLAIMED. IF YOUR JURISDICTION DOES NOT ALLOW FOR THE DISCLAIMER OF SUCH WARRANTIES, YOUR SOLE AND EXCLUSIVE REMEDY UPON THE EXERCISE OF A STATUTORY IMPLIED WARRANTY IS THE RETURN OF A NONCONFORMING PRODUCT.
LOCKGREEN Return Policy
If you are not satisfied for any reason, we offer a 100% Money Back Guarantee on all purchases returned in sellable condition within 30 days of purchase, or for pre-sale items, within 30 days of the shipment date. We will pay for return shipping and refund the cost of the item to the original payment method after we receive the return. If you receive a defective product, we will replace it and pay the shipping for the return and the replacement item, provided you return it to us within 30 days of the shipment date (the “Warranty Period”). Please contact us at firstname.lastname@example.org if you have any issues with your product or to arrange a return.
All prices are subject to change without notice. Prices charged will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your order total and will be itemized in your shopping cart and in your order confirmation email.
Due to rising fuel cost and market fluctuation, prices listed may not be guaranteed. Despite our best efforts, it is possible that an item may be mispriced. We are not responsible for typographical errors which may exist on the Site or in any advertisement or printed materials. Prices and availability of products and Services are subject to change without notice. We are not responsible for pricing, typographical, or other errors and We reserve the right to cancel any orders arising from such errors. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept most major credit cards for purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by the credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
As part of our fulfillment process, we verify pricing prior to shipment. Therefore, if any such discrepancies exist, our customer service department will notify You via e-mail or phone prior to shipment. If You have any questions about our products or services, please do not hesitate to ask. We can be reached via e-mail at email@example.com and by phone at 757-204-5625 Monday – Friday from 9am – 5pm (excluding holidays).
We may offer volume discounts on certain items at our sole discretion; however, We reserve the right to limit quantities.
Customer Requested Modifications; Acceptance and Cancellation
Once your order is placed we are unable to make modifications. The Shopify system is designed to send you an order confirmation by email.
The Site attempts to display product images as accurately as possible. However, we cannot guarantee that the color you see matches the product color.
Products are shipped to the address you provide at checkout. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments or for incorrect shipping information provided by you.
Comments and Concerns
All comments, requests for technical support, and other communications related to the Site should be directed to: firstname.lastname@example.org.