"our," or "us")
website, located at https://mobilelocker.com, or participating in any online features, services and/or programs
offered by us, including, but not limited to, our Mobile Locker Application ("App") (collectively, the "Web Properties").
PLEASE READ THESE TERMS CAREFULLY, WHICH INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR
USING THE WEB PROPERTIES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH US REGARDING YOUR USE OF THE WEB PROPERTIES AND YOU AGREE TO BE BOUND BY
THESE TERMS AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS, YOU SHOULD NOT ACCESS OR
OTHERWISE USE THE WEB PROPERTIES.
1. CONVENIENCE AND INFORMATION ONLY. The Web Properties are provided to you as a convenience and for your
information only. By merely providing access to the Web Properties, we do not warrant or represent that: (a) any
materials, documents, images, graphics, logos, design, audio, video, and any other information provided from or
on the Web Properties (collectively, the "Content") is accurate or complete; (b) the Content is up-to-date or
current; (c) we have any obligation to update any Content; (d) the Content is free from technical inaccuracies
or programming or typographical errors; (e) the Content is free from changes caused by a third party; (f) your
access to the Web Properties will be free from interruptions, errors, computer viruses or other harmful
components; (g) any information obtained in response to questions asked through the Web Properties is accurate
or complete; and/or (h) the Content is non-infringing of any third party’s intellectual property rights.
2. WEB PROPERTIES USE AND CONTENT. You may view, download, copy or print a single copy of any page from
Web Properties if you do not remove, modify, or alter any copyright and proprietary rights notices that may be
present. You may not otherwise use, modify, copy, print, display, distribute, publish, or sell any information
from the Web Properties without our express, prior, written consent. Any special rules for the software, audio
files, downloads, and other items accessible through the Web Properties may be included elsewhere in the Web
Properties and are incorporated into these Terms by reference.
3. UPDATES. We may make changes to or stop providing the Web Properties, the Content, and/or the User
Content described in these Terms at any time and without further notice to you. We will make an effort to update
the Web Properties with any changes to these Terms and you are encouraged to review these Terms frequently (the
date of the most recent revision to these Terms appears at the end of these Terms).
We know that privacy is very important to you, and it is very important to us as well. By
the Web Properties, you consent to receive electronic communications from us unless you follow applicable op-out
procedures. We will communicate with you by email or by posting notices on our Web Properties. You agree that
all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any
legal requirement that such communication be in writing. Personal data that you provide regarding yourself will
be handled in accordance with our Privacy Notice located at https://mobilelocker.com/privacy
5. USER ACCOUNT, PASSWORD AND SECURITY. To the extent that a user account is created by you to access
use any Web Property ("User Account"), the following shall apply:
(a) USER ACCOUNT. To access certain types of features, the Content, and the User Content available
the Web Properties, we require the use of a username and password after setting up a User Account. To use the
App, you must provide Registration Data (as defined below). We use reasonable precautions to protect the privacy
of your username, password, and User Account information. You, however, are ultimately responsible for
protecting your username, password, and User Account information from disclosure to third parties, and you are
not permitted to circumvent the use of required encryption technologies. You agree to (i) immediately notify us
of any unauthorized use of your username, password, or User Account, or any other breach of security; (ii)
ensure that you exit from your User Account at the end of each session; and (iii) use a security passcode to
secure your device where the App may be installed or your User Account information is stored. While we provide
certain encryption technologies and use other reasonable precautions to protect your confidential information
and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through
the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.
(b) ACCURATE INFORMATION. In creating and using your User Account, you agree to: (i) provide true,
accurate, current, and complete information about yourself on any registration form required for the Web
Properties, which may include, but is not limited to, your full name, physical address and email address (such
information being the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep
it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not
current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate,
not current, or incomplete, then we have the right to suspend or terminate your User Account and refuse any and
all current or future use of your User Account.
(c) NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and usernames are non-transferable, and all
are obligated to take preventative measures to prohibit unauthorized users from accessing the Web Properties
with his or her username and password. We are entitled to act on all instructions received by anyone using your
(d) ACCOUNT DEACTIVATION. We reserve the right to deactivate or cancel a User Account and/or your
to the App in our sole discretion, including for the following reasons: (i) you request such deactivation; (ii)
you are deceased; (iii) you do not respond to repeated communication attempts regarding the status of your User
Account or use of the App; (iv) you reside in or relocate to a country where use of a User Account or the App is
prohibited under applicable law; or (v) you act in a fraudulent or an inappropriate manner while using the User
Account or the App.
6. USER CONTENT. The Web Properties may now or in the future permit the submission of various forms of
content submitted by you and other users, such as materials, statements, reviews, ratings, opinions, personal
accounts, documents, images, graphics, logos, designs, videos, text files, audio files, and comments
(collectively, "User Content") and the hosting, sharing, downloading, publishing and/or republishing of such User Content.
You shall be solely responsible for your User Content, and the consequences of posting or publishing it. We do
not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly
disclaim any and all liability in connection with User Content. You acknowledge that Mobile Locker reserves
the right to pre-screen User Content and we have the right (but not the obligation) in our sole discretion to
refuse, move, and/or remove User Content that is available on or through the Web Properties.
We allow you and your customers to electronically submit User Content using our Web Properties. You can use our Web Properties to restrict
access to certain User Content to specific users within your organization or company (“Specified Users”). These Specified Users shall have the
same obligations as you with respect to the User Content and complying with these Terms. Typically, we serve as a data processor who collects
information pursuant to your direction and have no direct relationship with the individuals whose personal data is uploaded. If you are a
customer of a Specified User or any individual who has created a User Account and would no longer like to be contacted by a user of our Web
Properties, please contact the individual with whom you interact with directly (the “Controller”). An individual who seeks access, or who seeks
to correct, amend, or delete inaccurate data should direct queries to the Controller, and we will work with that Controller to correct or
address any issues as further set forth in these Terms.
7. OBJECTIONABLE MATERIAL. You acknowledge that in using the Web Properties and accessing the Content
the User Content, you may encounter material that you deem to be disturbing, offensive or objectionable. You
agree to use the Web Properties at your sole risk and that we shall have no liability to you for material that
may be disturbing, objectionable or offensive to you.
8. NOT INTENDED FOR CHILDREN. We do not collect personal information from any person that we know to be
under the age of thirteen (13). Specifically, the Web Properties are not intended or designed to attract
children under the age of thirteen (13). You affirm that you are more than eighteen (18) years of age, or an
emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into
the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and
to abide by and comply with these Terms.
(a) NO WARRANTIES FOR WEB PROPERTIES. When using the Web Properties, information will be transmitted
such a way that may be beyond our control. As such, we make no warranty concerning the delay, failure,
interruption, or corruption of any data, the Content, the User Content, or other information transmitted in
connection with the use of the Web Properties. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB PROPERTIES IS AT
YOUR SOLE RISK. THE WEB PROPERTIES, THE CONTENT AND THE USER CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR
YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY
INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE WEB PROPERTIES, THE CONTENT, AND THE USER
CONTENT, OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEB PROPERTIES, INCLUDING, BUT NOT LIMITED TO, THE APP,
ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB PAGES ON OR
THROUGH THE WEB PROPERTIES, OR THE SERVERS USED IN CONNECTION WITH THE WEB PROPERTIES, ARE OR WILL REMAIN FREE
FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE DO NOT
GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB PROPERTIES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR
THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE WEB PROPERTIES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WE
MAKE NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN RUNNING THE WEB
(b) INDEMNIFICATION. You agree to defend, indemnify, and hold harmless Mobile Locker LLC and our
directors, officers, employees, service providers, and agents from and against any and all claims, demands, suits, proceedings, liabilities,
judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) assessed or incurred by us, directly
or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these
Terms; (iii) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties; and/or (iv) any
claim that your User Content caused damage to a third party.
10. LIMITATION OF LIABILITY. IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEB PROPERTIES,
ANY CONTENT AND/OR USER CONTENT PROVIDED IN CONNECTION WITH THE WEB PROPERTIES OR FOR ANY OTHER CLAIM RELATED IN
ANY WAY TO YOUR USE OF THE WEB PROPERTIES AND/OR ANY CONTENT AND/OR USER CONTENT PROVIDED THROUGH THE WEB
PROPERTIES. ADDITIONALLY, WE SHALL NOT BE LIABLE FOR NEGATIVE REPERCUSSIONS TO ANY PARTY BASED ON THE USE OF OR
INABILITY TO USE THE WEB PROPERTIES, INCLUDING, BUT NOT LIMITED TO, LOST GOODWILL OR LOST PROFITS. REMEDIES
UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. Because some
states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental
damages, in such states or jurisdictions our liability will be limited to the greatest extent permitted by
applicable law. These Terms give you specific legal rights. You may also have other rights which vary from one
jurisdiction to another.
11. THIRD PARTY CONTENT AND THIRD PARTY APPLICATIONS. We may provide hyperlinks to other websites
by third parties, or may provide third party content on the Web Properties by framing or other methods
(collectively, "Third Party Content"). In addition, the Web Properties may include certain applications,
features, programs and services provided by third parties (collectively, the "Third Party Applications"). We do
not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or
completeness of such Third Party Content or Third Party Applications. The links to third party websites, any
Third Party Content, and any Third Party Applications may be provided for your convenience and information only.
The content on any linked website or in any Third Party Application is not under our control and, just as with
the Web Properties, we are not responsible for the content of linked websites and/or Third Party Applications,
including any further links contained in a third party website. We make no representation or warranty in
connection with any Third Party Content or Third Party Applications, which at all times and in each instance is
provided "as is." If you decide to access any of the third party websites linked to the Web Properties, any
Third Party Content, and/or any Third Party Application, you do so entirely at your own risk.
If a third party links or refers to the Web Properties, it is not necessarily an indication of an endorsement,
authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are not
even aware that a third party has linked to or refers to the Web Properties.
12. INTELLECTUAL PROPERTY. The Content of the Web Properties is intellectual property owned,
and/or licensed by us. All applicable intellectual property laws, including copyright laws, protect our rights
in and to the Content. No portion of the Content and/or the User Content may be reproduced in any form or by any
means, except as provided in Section 2 (Web Properties Use and Content) and elsewhere in these Terms.
We are the copyright owner or authorized licensee of, or are otherwise permitted to use, all trademarks, service
marks, and logos used and displayed on the Web Properties. All trademarks and service marks of Mobile Locker LLC
that may be referred to on the Web Properties are the property of Mobile Locker LLC, or one of our subsidiaries
or affiliates. Other parties’ trademarks and service marks that may be referred to on the Web Properties are the
property of their respective owners. Nothing on the Web Properties should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any of our, or our subsidiaries’ or
affiliates’, trademarks, service marks, or copyrights without our prior written permission. Neither the name of
Mobile Locker LLC, nor any of our other trademarks, service marks, or copyrighted materials may be used in any
way, including in any advertising, hyperlink, publicity, or promotional materials of any kind, whether relating
to the Web Properties or otherwise, without our prior, written permission, except that a third party website
that desires to link to the Web Properties and that complies with the requirements of Section 11 (Third Party
Content and Third Party Applications) above may use the name "Mobile Locker" or the title of any Content in
or as part of that link.
13. COPYRIGHT COMPLAINTS. We own, protect and enforce copyright and other rights in our own
property, and respect the intellectual property rights of others. We will respond to alleged copyright
infringement in accordance with the Digital Millennium Copyright Act ("DMCA"). Under the DMCA, a copyright owner
may give notification to an online service provider of an alleged copyright infringement. During this process,
the service provider responds by taking down the alleged infringing content, and takes reasonable steps to
contact the owner of the removed content so that a counter-notification may be filed. If a valid
counter-notification is filed, we typically will restore the content in question, unless we receive notice from
the notification provider that a legal action has been filed seeking a court order to restrain the alleged
infringer from engaging in the infringing activity. Mobile Locker LLC may provide copies of such notices to the
affected parties or to any other third parties, at our discretion and as required by law. Our Privacy Notice,
located at [https://mobilelocker.com/privacy](https://mobilelocker.com/privacy), does not protect information
provided in these notices.
When notifying us of potential infringement, you must include the following:
- identification of the copyrighted work(s) claimed to have been infringed. If multiple copyrighted works, then a representative list of such
works on the Web Properties;
- identification of the supposedly infringing material that is to be removed;
- information reasonably sufficient to permit us to locate the material on the Web Properties;
- contact information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, or email
- a statement that the complaining party has a good faith belief that use of the material is in fact infringing and/or not authorized by the
copyright owner, its agent, or the law;
- a statement that, under penalty of perjury, the information in the notification is accurate and where relevant
that the complaining party is authorized to act on behalf of the copyright owner; and
- the signature, physical or electronic, of the copyright owner or a person authorized to act on his or her
A provider of content subject to a claim of infringement may make a counter notification. To file a counter
notification with us, please provide the DMCA Agent a written communication containing the following:
- identification of the supposedly infringing material that is to be removed;
- a statement that, under penalty of perjury, you have a good faith belief that the material was removed or
disabled as a result of mistake or misidentification of the material to be removed or disabled;
- your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal
District Court for the judicial district in which your postal address is located, and that you will accept
service of process from the party who submitted the infringement notification or his, her, or its principal or
- the signature, physical or electronic, of you or a person authorized to act on your behalf.
We will promptly provide the party that provided the notice of claimed infringement with a copy of the counter
notification, and inform the complaining party that we restore the removed or disabled content within ten (10)
business days. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we
provide notice of the counter-notification, we will restore the removed or disabled materials. Until that time,
your materials will remain removed or disabled.
Notice of alleged infringement must be sent by electronic mail to our DMCA Agent at or by certified
mail and marked "Copyright Infringement" to Vorenus Ventures, Attn: DMCA AGENT.
Before filing such a notification, make a careful determination as to whether or not the use of the material at
issue is or may be protected by the "fair use" doctrine. You could potentially be held liable for costs and
attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether
there is infringement, it may be advisable to seek legal counsel.
14. TERMINATION OF SERVICE. We may terminate your right to access secured portions of the Web Properties
at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Web Properties, to us, to our
partners, to the contributors, to the business of our Internet service provider, or to other information providers.
15. ADDITIONAL REMEDIES. You acknowledge that your conduct that is inconsistent with the provisions of
Terms may cause us irreparable damage for which remedies other than monetary relief may be inadequate. In such
instances, you agree that we may seek injunctive or other equitable relief seeking to restrain such conduct
without the necessity of proving actual harm or posting a bond.
16. GOVERNING LAW AND JURISDICTION. You agree that all matters relating to your access to, or use of, the
Web Properties shall be governed by the laws of the Commonwealth of Pennsylvania. You agree and hereby submit to the exclusive personal jurisdiction
and venue of the state and federal courts in the Commonwealth of Pennsylvania, with respect to such matters.
17. LOCAL LAWS. We make no representation that Content or materials on the Web Properties are appropriate
or available for use in jurisdictions outside the United States. Access to the Web Properties from jurisdictions where such access is illegal is
prohibited. If you choose to access the Web Properties from other jurisdictions, you do so at your own initiative and are responsible for compliance
with applicable local laws.
18. EXPORT RESTRICTIONS. Any software and all underlying information and technology downloaded or viewed
from any Web Property or in connection with the services (collectively, the "Software or Technical Data") by you
may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et
seq.) and the Export Administration Regulations (50 C.F.R. Parts 730-774), and may be subject to export or
import regulations in other countries. You are solely responsible for complying with all trade regulations and
laws, both foreign and domestic, in your use and viewing of the Web Properties, the Content, the User Content,
and any of our products or services, including, but not limited to, the Software or Technical Data. Except as
authorized by law, you agree and warrant not to export or re-export the Software or Technical Data to any
county, or to any person, entity, or end-user subject to U.S. export controls, including, but not limited to,
persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties
List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant
that no U.S. federal agency has suspended, revoked, or denied your export privileges.
19. PROVISIONS RELATING TO APPLE. Although you can download the App through the Apple Store App and
use the App on Apple iPhones, iPods, iPads or other Apple devices pursuant to the limited, non-transferable license to use the App on your Apple
device, Mobile Locker LLC, and not Apple, is solely responsible for the App and the content of the App. Apple is not responsible for: (1) the
content of the App; (2) providing maintenance or support services for the App; (3) any product warranties, whether express or implied by law, or
other warranty obligations (except as set forth below); (4) any claims, including product liability claims, losses, liabilities, damages, cost,
or expenses attributable to any failure of the App to conform to any warranty or failure to conform to any applicable legal or regulatory
requirement, or arising out of consumer protection or other similar legislation; and (5) the investigation, defense, settlement and discharge of
any intellectual property claim brought by a third party against you or Mobile Locker LLC. In the event of any failure of the App to conform to
any applicable warranty, you may notify Apple and Apple will refund the purchase price for the App to you, and to the maximum extent permitted
by applicable law, Apple will have no other warranty obligation with respect to the App.
By agreeing to these terms relating to Apple, you acknowledge and agree that you are only using the App on an Apple device that you own or
control, and you are using it as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. You further
acknowledge and agree that Apple, and its subsidiaries, will have the right (and will be deemed to have accepted the right) to enforce these
terms as a third party beneficiary thereof. You represent and warrant to Apple that (i) you are not located in a country that is subject to a
U.S. Government embargo or that is designated as a "terrorist supporting country"; and (ii) you are not listed on any U.S. Government list of
prohibited or restricted parties.
20. CUSTOMER COMMENTS.
By submitting comments, information or feedback to us through email and/or the Web
Properties, you agree that the information submitted will be subject to our Privacy Notice located at https://mobilelocker.com/privacy
Your Consent To This Agreement
By accessing and using the Web Properties, you consent to and agree to be bound by these Terms. If we decide to change these Terms or some part of
them, we will make an effort to post those changes on the Web Properties so that you will always be able to understand and agree to the terms and
conditions governing your use of the Web Properties. Your use of the Web Properties following your acceptance of any amendment of these Terms will
signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the
future. If you have additional questions or comments of any kind, or if you see anything on the Web Properties that you think is inappropriate,
please let us know by sending your comments or requests to:
Vorenus Ventures LLC DBA Mobile Locker LLC
72 North Main Street, Suite 202
Hudson, OH 44236, USA
Copyright © 2018. Vorenus Ventures LLC. All Rights Reserved.
Effective as of: December 22, 2016
Last updated: December 22, 2016