The Website is comprised of various web pages operated by Freedomlockandkey.com, (“Freedom Lock & Key”) and is offered to you conditional on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Freedom Lock & Key Website constitutes your agreement to all such terms, conditions, and notices. Freedom Lock & Key may be referred to herein as “we”, “our” or “Company.”
PRICING AND TYPOGRAPHICAL ERRORS
Freedom Lock & Key pricing is subject to change without notice, and subject to correction of any typographical errors. We are committed to protecting the privacy of children. You should be aware that this Website is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
CREDIT CARD PAYMENT – WHEN YOUR CREDIT CARD IS BILLED
• Credit card billing occurs at the time your order is placed just like Paypal and Google Checkout.
• The charge will appear as Freedom Lock & Key on your credit card statement.
• To protect your security, we do not retain any credit card information.
• We do not accept gift cards issued by any credit card company, but may accept other forms of payment, such as our e-gift cards in our sole discretion.
Freedom Lock & Key reserves the right to change the terms, conditions, and notices under which the Website is offered, with or without notice to you.
LINKS TO THIRD PARTY SITES
The Website may contain links to third-party websites (“Linked Sites”). The Linked Sites are not under the control of Freedom Lock & Key and Freedom Lock & Key is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Freedom Lock & Key is not responsible for web casting or any other form of transmission received from any Linked Site. Freedom Lock & Key is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Freedom Lock & Key of the Website or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Website, you warrant to Freedom Lock & Key that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
USE OF WEBSITE
Harassment in any manner or form on the Website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Freedom Lock & Key or other licensed employee, host, or representative, as well as other members or visitors on the Website is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content to the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization.
Freedom Lock & Key does not review communications and materials posted to or created by users accessing the Website, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Website, Freedom Lock & Key is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Website. However, Freedom Lock & Key reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another; or (d) offensive or otherwise unacceptable to Freedom Lock & Key in its sole discretion.
a. Acknowledgement of Ownership. You agree that the Website contains proprietary information and material that is owned by the Company and that is protected by applicable intellectual property and other laws, including but not limited to trademark and copyright, and that you will not use such proprietary information or material in any way whatsoever except for use of the Website in compliance with the terms of the Terms. Except as set forth herein, you agree not to exploit the Website in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
THE USE OF ANY PART OF THE WEBSITE, EXCEPT FOR USE OF THE WEBSITE AS PERMITTED IN THE TERMS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND/OR TRADEMARK INFRINGEMENT
b. Copyrights. All copyrights in and to the Website are owned by the Company and/or its licensors.
c. Trademarks. All Company trademarks, service marks, graphics, and logos used in connection with the Website are trademarks or registered trademarks of the Company in the U.S. and/or other countries. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
USE OF COMMUNICATION SERVICES
Member Content. The Website allows users to upload content, including pictures, images and logos, along with links to third-party sites (collectively, “Member Content”). For Member Content that is covered by intellectual property rights, such as photos and videos, you grant us a non exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with the Website.
You will not post Member Content or take any action on the Website that infringes or violates someone else’s rights or otherwise violates the law. We can remove any content or information you post on the Website if we believe that it violates the Agreement. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate. You will not use our copyrights or trademarks or any confusingly similar marks without our written permission. The Company reserves the right to cancel your right to access the Website (and to post Member Content) at any time, and in its sole discretion.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Website. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Website, or you have all rights, licenses, consents and releases that are necessary to grant to the Company the rights in such Member Content, as contemplated under the Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or the Company’s use of the Member Content (or any portion thereof) on, through or by means of the Website, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Prohibitions as to Member Content. You agree not to do any of the following: post, upload, publish, submit, provide access to or transmit any Member Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances. You are fully responsible for all Member Content you post and/or use on the Website, and agree to fully and completely indemnify the Company for any Member Content which violates, or is alleged to violate, the Terms and/or any third-party’s rights.
No compensation will be paid with respect to the use of any Member Content by Freedom Lock & Key. Freedom Lock & Key is under no obligation to post or use any Member Content you may provide and may remove any Member Content at any time in Freedom Lock & Key’s sole discretion.
Freedom Lock & Key may deliver notice to you by means of e-mail, a general notice on the Website, or by other reliable method to the address you have provided to Freedom Lock & Key. Notice is effective immediately.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS
You acknowledge and agree that all products and services purchased through the Website (collectively, “Products”) are provided to you on an “AS IS” basis without any warranty whatsoever, and your sole and exclusive remedy, and Freedom Lock & Key’s sole obligation to you or any third party for any claim arising out of your purchase of the Products is the refund of amounts paid for those Products. EXCEPT AS EXPRESSLY SET FORTH HEREIN, FREEDOM LOCK & KEY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT FREEDOM LOCK & KEY SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF FREEDOM LOCK & KEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF INFORMATION PROVIDED BY YOU TO FREEDOM LOCK & KEY OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THE LIMITATION HEREIN DOES NOT IMPACT OR APPLY TO MANUFACTURER’S WARRANTIES ON SPECIFIC PRODUCTS.
THE COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME THE COMPANY MAY REMOVE THE WEBSITE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE WEBSITE AT ANY TIME, WITHOUT NOTICE TO YOU.
IN NO CASE SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, ATTORNEYS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
THE COMPANY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU TO THE COMPANY IN CONNECTION WITH THE WEBSITE, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND THE COMPANY HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
THE COMPANY DOES NOT REPRESENT OR GUARANTEE THE WEBSITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND THE COMPANY DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.
Waiver and Indemnity. BY USING THE WEBSITE, YOU AGREE TO INDEMNIFY AND HOLD THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THE TERMS, YOUR USE OF THE WEBSITE OR ANY SERVICES ADVERTISED THEREON, OR ANY ACTION TAKEN BY THE COMPANY AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THE TERMS OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THE TERMS HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, ATTORNEYS AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE WEBSITE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF THE COMPANY’S CONCLUSION THAT A VIOLATION OF THE TERMS HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THE TERMS.
THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THE COMPANY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
The Company reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Freedom Lock & Key reserves the right, in its sole discretion, to terminate your access to the Freedom Lock & Key Website and the related services or any portion thereof at any time, without notice. These terms and conditions are applicable to you upon your accessing the Website and/or completing the registration or shopping process. The provisions relating to intellectual property, disclaimer, limitation of liability, indemnification and legal venue shall survive termination.
SALES CONTRACT TERMS AND CONDITIONS
Freedom Lock & Key is not obligated to maintain, repair, service, replace, operate or assure the operation of any device, system, or property belonging to you or to any third party to which such specified systems or components are attached, unless specifically agreed upon in writing by an authorized representative of Freedom Lock & Key. In order to protect you from losses resulting from, damage to, or destruction of Freedom Lock & Key products, you shall include such products in the coverage provided in your liability and fire insurance policies.
DELAYS – DELIVERY & INTERRUPTION OF SERVICE: Freedom Lock & Key shall not be liable for any delays in delivery of products, however caused, or for interruptions of service caused by strikes, riots, floods, inclement weather, acts of God, mechanical breakdown of transportation vehicle, loss of communication and or other signal transmission lines, or by any event beyond the control of Freedom Lock & Key. Freedom Lock & Key shall not be required to furnish service to you while such interruption shall continue.
EXCLUSIONS: Services to be provided by Freedom Lock & Key pursuant to these Terms do not include:
a. Repair of damage or increase in service time caused by failure to continually provide a suitable operating environment with all facilities as prescribed by Freedom Lock & Key and/or the equipment manufacturer, including, but not limited to, the failure of, adequate and regulated electrical power, air conditioning or humidity control; or such special requirements as contained in product specification as listed on the Website.
b. Repair of damage or increase in service time caused by use of the equipment for other than the ordinary use for which the equipment was designed or purpose for which it was intended.
c. Repair of damage, replacement parts (due to other than normal wear) or repetitive service calls caused by the use of unauthorized supplies or equipment.
d. Repair of damage or increase in service time caused by: accident, disaster, which shall include, but not be limited to, fire, flood, water, wind and lighting; transportation, neglect or misuse, alterations, which shall include, but not be limited to, any deviation from Freedom Lock & Key’s physical, mechanical or electrical machine design; attachments, which are defined as the mechanical, electrical or electronic interconnecting to non-Freedom Lock & Key equipment and devices not supplied by Freedom Lock & Key.
e. Electrical work external to the equipment or accessories furnished by Freedom Lock & Key.
LIABILITY LIMITATION: It is understood that Freedom Lock & Key is not an insurer; that insurance for whatever reason or purpose and in whatever amount shall be obtained by you, if any is desired; that the sums payable hereunder to Freedom Lock & Key you are based upon the value of service offered and the scope of liability undertaken and such sums are not related to the value of property belonging to you or to others located on your premises. You do not seek indemnity by the Terms from Freedom Lock & Key and specifically waives any rights for indemnity for any damages or losses caused by hazards to you, Invitees, Guests, or property. Freedom Lock & Key MAKES NO WARRANTY, EXPRESS OR IMPLIED, THAT THE PRODUCTS OR SYSTEMS IT DELIVERS OR THE SERVICES IT FURNISHES WILL AVERT OR PREVENT OCCURRENCES, OR THE CONSEQUENCES THEREFROM, WHICH THE PRODUCTS, SYSTEMS AND SERVICES ARE DESIGNED TO DETECT AND/OR PROTECT. You agree that Freedom Lock & Key shall not be liable for any of your losses or damages, irrespective of origin, to person or property, whether directly or indirectly caused by performance or non-performance of obligations imposed by the Terms or by negligent acts or omissions of Freedom Lock & Key , its agents or employees. You do hereby waive and release any rights of recovery against Freedom Lock & Key that it may have hereunder. It is agreed that it is impractical and impossible to fix actual damages which may arise from situations where there may be a failure of services provided, due to the uncertain value of your property or the property of others kept on the protected premises which may be lost, stolen, destroyed, damaged or otherwise affected by occurrences which the system is designed to detect or avert. Due to the inability of Freedom Lock & Key to establish a causal connection between products, systems or service problems and your possible loss, it is further agreed that if Freedom Lock & Key should be come liable for any losses or damages attributable to a failure of systems or services in any respect, its total liability to you shall be limited to the actual amount you paid to Freedom Lock & Key for goods and services purchased hereunder, which you agree is reasonable. The payment of this amount shall be Freedom Lock & Key sole and exclusive liability regardless of the amount of loss or damage incurred by you. No suit or action shall be brought against Freedom Lock & Key more than one (1) year after the accrual of the cause of action therefore. Since it is agreed that you retain the sole responsibility of the life and safety of all persons in the protected premises, and for protecting against losses to his own property or the property of others in the protected premises, you agree to indemnify, defend and hold harmless Freedom Lock & Key any and all such claims and lawsuits including the payment of all damages, expenses, costs, and attorney fees incurred by Freedom Lock & Key, its employees and agents, from and against all claims, lawsuits and losses, by persons not party to the Terms, against Freedom Lock & Key for failure of its equipment or services in any respect, alleged to be caused by the improper operation of the system, whether due to malfunctioning or non-functioning of the system, or by the negligence, active or passive, of Freedom Lock & Key.
SUCCESSORS: The Agreement is not assignable by you except upon the written consent of Freedom Lock & Key, which consent will not unreasonably be withheld.
ENTIRE AGREEMENT: Our agreement is governed by these Terms. Nothing in the Terms is to be construed as creating a lease or leasehold agreement between the parties. The Terms are binding as of the acceptance of your paid order. This writing, together with acknowledged acceptance of other attachments pertaining to the Terms is intended by the parties as the final expression of their agreement with respect to the subject matter contained herein and also as the complete and exclusive statement of the terms of the Terms, notwithstanding any prior, contemporaneous or subsequent purchase order or other document relating to said subject matter. There is no course of dealing or usage of the trade what would supplement or conflict with its terms.
LEGAL VENUE: To the maximum extent permitted by law, the Terms are governed by the laws of the State of Ohio, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Allen County , Ohio, U.S.A. in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Freedom Lock & Key, Website or information provided to or gathered by Freedom Lock & Key with respect to such use. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, the Terms constitutes the entire agreement between the user and Freedom Lock & Key with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Freedom Lock & Key with respect to the Website.
Updated September 15th, 2020