PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS A MANDATORY ARBITRATION PROVISION AND A CLASS ACTION/JURY TRIAL WAIVER PROVISION.
1. Our Service
Lokker provides the most effective solutions to control unauthorized sharing of private data online. By offering diagnostic website inspections, privacy event management, and data access governance, we help companies see and act more decisively concerning their privacy management capabilities. Not all of these capabilities are available via our website; some of them require you to enter into a separate written agreement with Lokker.
1.2 Limited License
Subject to the terms and conditions of this Agreement, you are granted a non-exclusive, limited, non-transferable, revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. Lokker reserves all rights not expressly granted herein relating to the Service and the Lokker Content (as defined below). Lokker may terminate your license at any time for any or no reason.
1.3 Privacy Inspection Account
If you subscribed to a Privacy Inspection Account, you represent and warrant to us that (a) you have the right to request that we inspect the web page you identified, (b) you are not asking us to inspect that web page for any illegal, improper or anti-competitive purpose, and (c) you will not directly or indirectly publish, disclose or further disseminate to the public the report we generate based on your request.
1.4 Service Rules
You agree not to engage in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the Service in any medium, including by any automated or non-automated “scraping”; (b) using any automated system, including “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Lokker servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Lokker grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Service for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials); (c) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service; (d) taking any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (e) using the Service for any commercial solicitation purposes; (f) bypassing or attempting to bypass the measures we use to prevent or restrict access to the Service, including features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
1.5 Changes to the Service
We may, without prior notice to you, change the Service. We may temporarily or permanently terminate or suspend your access to the Service without notice or liability for any or no reason.
1.6 Service Location
The Service is controlled and operated from facilities in the United States. Lokker makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own risk and are responsible for compliance with all domestic and foreign laws and regulations, including export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.
2. Proprietary Rights
The Service and all materials therein (the “Lokker Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Lokker. Nothing in this Agreement grants you a license in or to any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Lokker Content. If you submit comments or ideas about the Service (“Ideas”), you agree that your disclosure of Ideas is gratuitous, unsolicited and without restriction, will not place Lokker under any fiduciary or other obligation to you and that we are free to use the Ideas without any compensation to you.
3. California Residents. The provider of services is: Apomaya, Inc. dba Lokker, a Delaware corporation with offices at PO Box 5545, Redwood City, CA 94063. Lokker’s telephone number is (408) 457-1499. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
Lokker strives to protect the integrity and security of your personal information. However, we cannot guarantee that third parties will not be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
5. Third-Party Sites
The Service may contain links to third-party materials that are not owned or controlled by Lokker. Lokker does not assume any responsibility for any third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service, you do so at your own risk and you understand that this Agreement does not apply to such sites.
You agree to defend, indemnify and hold harmless Lokker from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorney’s fees) arising from: (a) your use of and access to the Service, including any data or content transmitted or received by you; (b) your violation of any term of this Agreement, including your breach of any of the representations and warranties above; (c) your violation of any third-party’s rights; (d) your violation of any domestic or foreign law, rule, or regulation; or (e) your willful or grossly negligent misconduct.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LOKKER DOES NOT WARRANT THAT THE WEBSITE CONTENT OR ANY DIAGNOSTIC SCAN IS ACCURATE, RELIABLE OR CORRECT (ALTHOUGH LOKKER TAKES GREAT PAINS TO BE AS TRUE, ACCURATE AND COMPLETE AS POSSIBLE); THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION AND LIMITATION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability
IN NO EVENT WILL LOKKER BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.
LOKKER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND ANY PERSONAL INFORMATION STORED THEREIN; AND (d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF LOKKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
9.1 Governing Law. You agree that: (a) the Service will be deemed solely based in California; and (b) the Service will be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement will be governed by the internal laws of the State of California, without respect to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
9.2 Mandatory Arbitration. In the event you have a dispute with Lokker, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. In the event we are not able to resolve that dispute within sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims“), by binding arbitration by JAMS, under Optional Expedited Arbitration Procedures then in effect for JAMS (www.jamsadr.com). The arbitration will be conducted in Santa Clara County, California. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator will include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Nothing in this Section will prevent Lokker from seeking injunctive or other equitable relief from federal or state courts located in Santa Clara County, CA to prevent the actual or threatened infringement, misappropriation, or violation of our data security, copyright, trademark, trade secret, patent, or other intellectual property rights.
9.3 Class Action/Jury Trial Waiver. ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT YOU AND LOKKER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
9.4 Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Lokker without restriction. Any attempted transfer or assignment in violation hereof will be null and void.
9.5 Communications. Lokker will communicate with you almost exclusively via email. You may communicate with us at firstname.lastname@example.org. You agree you will treat any email we send you as confidential and you will not publicly disclose or disseminate that email to others.
9.7 Entire Agreement/Severability. This Agreement constitutes the entire agreement between you and Lokker concerning the Service. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect; provided that, in the event of unenforceability of the Class Action/Jury Trial Waiver, the Mandatory Arbitration provision will also be unenforceable.
9.8 Waiver. No waiver of any term of this Agreement will be deemed a further or continuing waiver of such term or any other term, and Lokker’s failure to assert any right or provision under this Agreement will not constitute a waiver of such right or provision.
9.9 Contact. Please contact us at email@example.com with any questions regarding this Agreement.
9.10 DMCA Copyright Policy. Lokker has adopted the following policy regarding copyright infringement in accordance with the Digital Millennium Copyright Act.
Procedure for Reporting a Copyright Infringement
To report an alleged copyright infringement, provide Lokker:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner along with contact information about the notifier (address, telephone number and email address);
- Identify the works or materials being infringed;
- Identify the material that is claimed to be infringing, including the location of the infringing materials with sufficient detail that Lokker can find and verify its existence;
- A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent or law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner
Once a proper bona fide infringement notice is received by the designated agent, it is Lokker’s policy to remove or disable access to the infringing material and notify the content provider that it has removed or that access to the material has been disabled. Repeat offenders will have the infringing material removed from the system and that Lokker will terminate the offender’s access to the Service.
Procedure to Supply a Counter-notice to Lokker
If the content provider believes the material that was removed or to which access was disabled is either not infringing or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to law, the content provider must send a counter-notice containing the following information to Lokker:
- A physical or electronic signature of the content provider;
- Identify the material that was removed or to which access was disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the content provider has a good faith belief that the material was removed or disabled because of a mistake or misidentification of the material; and
- The content provider’s name, address, telephone number and email address.
If a counter-notice is received, Lokker may send a copy of the counter-notice to the original complaining party informing that person that it may replace the material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Lokker’s discretion.
You may contact Lokker at firstname.lastname@example.org or Lokker, PO Box 5545, Redwood City, CA 94063.