Terms of Service

LockBoxSwap Terms of Service Agreement

 

Welcome to LockBoxSwap.com!

Please read the following LockBoxSwap Terms of Service Agreement carefully, making certain that you agree to its contents before venturing further into the site. If, after reading the LockBoxSwap Terms of Service Agreement, you do not agree with any or all of its terms, please do not use the LockBoxSwap website.

Preamble

This Terms of Service Agreement (“Agreement” or “Terms of Service”) contains the terms and conditions under which LockBoxSwap, LLC (“LockBoxSwap”, “we” or “us”) offers you (the “user”,“customer” or “you”) access to the LockBoxSwap website www.LockBoxSwap.com (together with all of the products and services provided therein, the “Site”) including but not limited to, your participation in the Site’s chat and bulletin-­ÃƒÂ¢Ã¢â€šÂ¬Ã‚board or forum facilities (“Discussion Areas”). Among other things, this Agreement describes your responsibilities and limits LockBoxSwap’s liability. In the event of any conflict between this Agreement and any other provisions set forth in the Site, this Agreement will control. You may access this Agreement at any time from the bottom of any page of the Site.

Ownership

The Site is owned and operated by LockBoxSwap, LLC is a California limited liability company located at 3030 Utah St. Suite 1, San Diego, CA 92104.

User Acceptance of LockBoxSwap Terms of Service

By viewing or otherwise using the Site, you agree:

(a) that you are 13 years old or older, 

(b) that you have read, understand and agree to be legally bound by this Agreement, and

(c) that you have read, understand and agree to the LockBoxSwap Privacy Policy

(d) that you have read, understand and agree to the LockBoxSwap Purchasing, Swapping and Shipping Policy

This Agreement applies to all users of the Site whether or not the user registers with or purchases any items from LockBoxSwap. If you do not understand and agree to any or all of the terms of this Agreement, you may not use the Site.

If any of the terms and conditions in the Privacy Policy or Purchasing, Swapping and Shipping Policy conflict with the terms herein, the terms of this Agreement shall operate.

Eligibility to Use LockBoxSwap

This Site is not intended for use by minors (generally persons under the age of 18, depending on where you live). By using this Site, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions). If you are a minor or are under the legal age of consent, you can use the Site under the supervision of your parent or guardian who has agreed to the Terms of Service. However, you must be 13 years or older to use the Site in compliance with the Children's Online Privacy Protection Act (COPPA). If you do not qualify, please do not use the Site.

Modification of LockBoxSwap Terms of Service

The terms of this Agreement may be modified by LockBoxSwap from time to time (“Modifications”). Notice of Modifications will be announced on this page along with the date of such Modifications. Modifications will be effective as of the date on which they are posted. Continued use of the Site by you will constitute your acceptance of the Modifications, so it's wise to check this page regularly. Your failure to follow the Site's terms may result in termination of your access to the Site, without notice, in addition to LockBoxSwap’s other remedies.

If any of the provisions or potion of a provision herein, (including those of the policies on the Site including but not limited to the Privacy and Purchasing, Swapping and Shipping policies), shall be deemed invalid, void, or for any reason unenforceable, such provision or portion shall be automatically omitted or modified to the least extent necessary in order to be deemed valid and shall not affect the validity and enforceability of any remaining terms.

Electronic Communication with LockBoxSwap

When you visit LockBoxSwap or send e-­ÃƒÂ¢Ã¢â€šÂ¬Ã‚mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-­ÃƒÂ¢Ã¢â€šÂ¬Ã‚mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Registration with LockBoxSwap

To create a user profile on the Site and to submit certain content, you are required to register as a LockBoxSwap member. If you register, you agree to provide accurate and up to date information including but not limited to real estate & lockbox related information, email address, physical address, and telephone numbers. You may not use a false name or User ID with the intent of impersonating another person. You may receive confirmation and thank you emails associated with your membership. You consent to receiving such emails. As detailed in the LockBoxSwap Privacy Policy, your private information will not be given to any third party without your consent. LockBoxSwap reserves the right to cancel your membership at its discretion.

Your Right to Use LockBoxSwap

Subject to the other terms of this Agreement, LockBoxSwap hereby grants you permission to use the Site, provided that: (i)You may use the Site only for personal, noncommercial use; (ii) You are expressly prohibited from downloading (other than page caching) modifying, copying, or storing the Site or any portion of it, or without LockBoxSwap’s express written consent; (iii) You may not frame or use any type of framing technique to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of LockBoxSwap without express written consent; (iv) You may not use any meta tags or any other "hidden text" utilizing LockBoxSwap’s name or trademarks without the express written consent of LockBoxSwap; (v) You may not use any LockBoxSwap logo or other proprietary graphic or trademark as part of the link without express written permission. Any unauthorized use terminates your permission to use the Site.

Customers may post reviews, comments, photos, and other content; submit suggestions, ideas, comments, questions, or other information; and send communications through the Site (collectively “User Submissions”) so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-­ÃƒÂ¢Ã¢â€šÂ¬Ã‚mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. LockBoxSwap reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant LockBoxSwap a nonexclusive, royalty-­ÃƒÂ¢Ã¢â€šÂ¬Ã‚free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant LockBoxSwap and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify LockBoxSwap for all claims resulting from content you supply. LockBoxSwap has the right but not the obligation to monitor and edit or remove any activity or content

Restrictions on Your Right to Use LockBoxSwap

You understand that you are authorized to use the Site solely for your own use, and you agree not to act on behalf of a third-­ÃƒÂ¢Ã¢â€šÂ¬Ã‚party or to allow a third-­ÃƒÂ¢Ã¢â€šÂ¬Ã‚party to have access to your password in order to use the Site. You agree that you are solely responsible for any and all activity that occurs on your account and you are responsible for keeping your password secure. Furthermore, you understand that you are not permitted to and agree that you will not: i) modify, translate or reverse engineer any portion of the Site; ii) launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site in a manner that sends more request messages to the LockBoxSwap servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-­ÃƒÂ¢Ã¢â€šÂ¬Ã‚line web browser. Notwithstanding the foregoing, LockBoxSwap grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. LockBoxSwap reserves the right to revoke these exceptions either generally or in specific cases; iii) collect or harvest any personally identifiable information, including member names and User IDs, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes; iv) solicit, for commercial purposes, any users of the Site with respect to their User Submissions (as defined below); v) remove any copyright, trademark or other proprietary rights notices contained in or on the Site; vi) create user accounts by automated means or under false or fraudulent pretenses; vii) create or transmit unwanted electronic communications such as "spam" to other users or members of the Site or otherwise interfere with other user's or member's enjoyment of the Site; viii) transmit any viruses, worms, defects, Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; ix) use the Site to

Uploading Content (???Depends on Biz Plan)

violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene; x) copy or store any content offered on the Site for other than your own use; xi) use any device, software or routine that interferes with the proper working of the Site; nor may you attempt to gain access to LockBoxSwap’s servers by any means – other than by connecting to LockBoxSwap’s servers by HTTP requests using a Web browser – including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Site or otherwise.

Additional Rules and Policies

LockBoxSwap may post, from time to time, additional policies rules of usage that apply to specific parts of the Site. Such additional rules and policies will be posted in the relevant parts of the Site, and will be clearly identified. Your use of the Site constitutes your agreement to comply with these additional rules and policies.

Hyperlinks

LockBoxSwap is not responsible for the content of any sites that may be linked to or from the Site. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the Site are independent from us, and we have no control over the content of that other website. In addition, a link to any other web site does not imply that we endorse or accept any responsibility for the content or use of such other website. In no event shall any reference to any third party or third party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of LockBoxSwap.com so long as the link does not portray LockBoxSwap, or its products or services in a false, misleading, derogatory, or otherwise offensive matter.

Intellectual Property

LockBoxSwap.com and its applications, content and other components of the Site are the property of LockBoxSwap, LLC. The Site and all materials, including but not limited to the content, text, LockBoxSwap logos, graphics, designs, text, images, audio and visual clips, data compilations, and software and the arrangement of the Site are the property of LockBoxSwap and are protected by both the United States and International intellectual property laws. All software used on this Site is the property of LockBoxSwap or its software providers and is protected by United States and international intellectual property laws.

LockBoxSwap, LockBoxSwapper, LockBoxSwapping, and other LockBoxSwap graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademakrs or trade dress of LockBoxSwap in the U.S. and/or other countries. Our trademarks and tradedress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits LockBoxSwap.

All other trademarks not owned by LockBoxSwap that appear on the Site are the property of their respective owners who may or may not be affiliated with, connected to, or sponsored by LockBoxSwap.

Copyright Infringement Procedure

LockBoxSwap does not permit copyright infringing activities and infringement of intellectual property

rights on its Site, and LockBoxSwap will remove any Content or User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights.

If you are a copyright owner or an agent thereof and believe that any Content or User Submission on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may contact LockBoxSwap's designated Copyright Agent at: LockBoxSwap Copyright Agent, 3930 Utah St. Suite i, San Diego, CA 92104, or by email at contact@lockboxswap.com.For clarity, only DMCA notices should go to the Copyright Agent. Any other feedback, comments, requests for technical support, and other communications should be directed to LockBoxSwap customer service through support@lockboxswap.com. You acknowledge that if you fail to comply with all of the requirements of this “LockBoxSwap Copyright Infringement Policy”, your DMCA notice may not be valid.

It is LockBoxSwap's policy to block access to or remove any material that it believes in good faith to be copyrighted material that has been illegally copied and distributed on the Site, and to remove repeat offenders from the Site.

Disclaimer and Limitation of LockBoxSwap Liability

YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AT YOUR OWN RISK. THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY LOCKBOXSWAP ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. LOCKBOXSWAP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LOCKBOXSWAP DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, RELIABILITY, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS. LOCKBOXSWAP DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM LOCKBOXSWAP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU UNDERSTAND THAT LOCKBOXSWAP AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUPPLIERS, AND LICENSORS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.

YOU AGREE THAT LOCKBOXSWAP AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR DAMAGES OF ANY KIND ARISING FROM THE USE (OR INABILITY TO USE) OF THIS SITE OR FROM ANY INFORMATION, CONTENT MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, DAMAGES LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), EVEN IF LOCKBOXSWAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LOCKBOXSWAP’S LIABILITY TO YOU OR ANY THIRD PARY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU IN CONNECTION WITH THE PARTICULAR TRANSACTION GIVING RISE TO LIABILITY OR, IF THE CLAIM DOES NOT RELATE TO A SPECIFIC TRANSACTION, SUCH CLAIM SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100.00).

CERTAIN STATE LAWS 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 MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to defend, indemnify and hold harmless LockBoxSwap and its affiliates, officers, directors, employees, representatives, agents, suppliers, and licensors from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site or any communications, items for sale or purchase, or any User Submissions you provide, including, but not limited to, any claim by a third party that any of the above infringe or violate such third party’s rights or interests.

No Agency with User

You agree that you and LockBoxSwap are independent contractors, and no agency, partnership, joint venture, employee-­ÃƒÂ¢Ã¢â€šÂ¬Ã‚employer or franchisor-­ÃƒÂ¢Ã¢â€šÂ¬Ã‚franchisee relationship is intended or created by this Agreement.

No User Assignment

You agree that you may not assign this Agreement or any of your rights hereunder to a third person without first obtaining LockBoxSwap’s express written consent (such consent must be signed by a duly authorized representative of LockBoxSwap).

Applicable Law, Jurisdiction and Disputes

You agree that this Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its choice of law principles to the contrary. You agree any action at law or in equity arising out of or relating to these terms and conditions (“claim”) shall be filed within six months of the date that such claim arose. You agree that claims arising out of this agreement must by filed in the state and federal courts residing in San Diego County, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of this Agreement. Provided that, either LockBoxSwap or you may demand that any dispute between LockBoxSwap and you about or involving the Site must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Diego, California, USA. Notwithstanding the forgoing, LockBoxSwap shall have the unrestricted right to seek injunctive relief in a court of competent jurisdiction.

Term, Termination and Survival

You agree that this Agreement is effective upon your acceptance and that it shall remain in full force and effect while you use the Site. You agree that LockBoxSwap has the right to terminate your ability to access the Site, for any reason, without notice. You also agree that even after your use of the Site is terminated, whether by you or LockBoxSwap, the terms of this Agreement will remain in effect.

Waiver

Any failure by LockBoxSwap to take action to enforce any of its rights under this Agreement does not constitute a waiver of any right or remedy under this Agreement unless such waiver is in writing signed by a duly authorized representative of LockBoxSwap.

Entire Agreement

You agree that Agreement, including the Privacy Policy and the Swapping, Purchasing and Shipping Policy, is the complete and entire agreement between you and LockBoxSwap and supersedes any prior agreement, whether written or oral.

IF YOU DON NOT UNDERSTAND OR AGREE TO ANY OR ALL OF THE TERMS CONTAINED IN THIS AGREEMENT, PLEASE EXIT THE SITE NOW.

Thank you for using LockBoxSwap! We appreciate your patronage!