DISCLAIMER

CODELOCKE is an Independent 3rd Party Technical Support Services Provider.

Site Terms and  Conditions

CODELOCKE

SITE TERMS OF USE

This Site Terms and Conditions ("Agreement") is a contract between you and CODELOCKE SOLUTIONS, LLC. ("CODELOCKE"), a corporation registered under laws of USA having its registered office at 25 Willis St 14, Framingham, MA 01702, and applies to your use of CODELOCKE Services.

This agreement contains the terms and conditions that govern the products sold and/or services rendered, or upon which the provider shall provide services to the customer. The Product is being sold online on the website, http://codelocke.com ("CODELOCKE Portal”). The Service is being offered in-store at service center locations; on-site as customer’s location; or remotely via provider’s internet website http://codelocke.com ("CODELOCKE Portal”), via installed software (“Agent”) on customer device, or by means of an application on an electronic communications device (“App”). These terms and conditions ("terms of use") state important requirements regarding your use of CODELOCKE’s website, CODELOCKE’s computer service and your relationship with CODELOCKE. You should read and understand them carefully as they contain important information and instructions such as duration of service contract, charges and fees for early termination, CODELOCKE rights to change the terms and conditions; CODELOCKE statement that as an independent third party service provider and not affiliated to any brand unless otherwise specified, limitations of liability, privacy; and settlement of disputes by arbitration instead of in court.

You must agree with all of the terms and conditions contained in this Agreement. By clicking the payment button (“Buy Now” or "Pay Now") on the website or by checking the box against “I have read and agree to Site Terms and Conditions” on the payment page on the website, you accept and agree to such terms and conditions and they will apply to all your purchases of products and/or services offered by us, including all your existing product and/or services purchased in the past. Your acceptance of these terms and conditions will also be implied by the use of CODELOCKE service. However, the service plan will form the part of the "Agreement" only if the same has been acknowledged by CODELOCKE in writing or by an e-mail.

DEFINITIONS

Certain terms defined in these Terms and Conditions are also used in the Privacy Policy and are incorporated by reference to these Terms and Conditions.

CONTENT

Software, Materials, Services and other related information are collectively referred to as "Content."

YOU

"You" means you individually, any person, including any employer or anybody that you are acting on behalf of.

CODELOCKE

"CODELOCKE" means CODELOCKE SOLUTIONS, LLC., a corporation registered under the laws of MASSACHUSETTS, USA having its registered office at 25 Willis St 14, Framingham, MA 01702, USA.

CODELOCKE CERTIFIED TECHNICIAN(S)

CODELOCKE Certified Technician means technicians and specialists as deputed by CODELOCKE to perform the Services under this Agreement.

WARRANTY BASED SERVICES

Service “Warranty” or “Warranty(ies)” are tenured periods offered by CODELOCKE that are active for a specified period after the resolution of first incident of incident based service.

SERVICES AND CODELOCKE PORTAL

All references to "Services" refer to any service delivered through CODELOCKE SOLUTIONS, LLC., under the plan that you enter into with CODELOCKE through use of the CODELOCKE Website located at http://codelocke.com (the CODELOCKE "Portal"). These Terms of Use govern all services types available through the CODELOCKE Website, and any use of the CODELOCKE Portal. In the event of any conflict these Terms of Use control any valid Service Order form that you submit requesting Services ("Service Order").

MATERIALS

Materials means any downloadable material from CODELOCKE portal including but not limited to web casts, newsletters, white papers, press releases, datasheets, FAQs, product information, guide and reference book, or other works of any kind that are made available to download from the CODELOCKE Portal are the proprietary and copyrighted work of CODELOCKE and/or its suppliers.

SOFTWARE

Software means a computer program of any kind, whether owned by CODELOCKE or a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws. Software includes both CODELOCKE Software and third party Software. Your use of Software is subject to the respective agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply ("License Terms").CODELOCKE will not be liable for the use of any third party software by you.

SUBMISSION OF SERVICE ORDERS

You may order services by submitting Service Orders through the CODELOCKE Portal. Once CODELOCKE accepts the Service Order submitted by you, you will then receive an email from CODELOCKE at the email address that you provide or have provided to CODELOCKE as part of the Registration Process for the Services. CODELOCKE is not responsible for rendering Services in connection with any Service Order that it has not accepted. Only upon acceptance by CODELOCKE of a Service Order, you will have a Service Plan.

UNDERTAKING

Subject to the Terms and Conditions, and other terms specific to each Service Plan, CODELOCKE shall address your query using commercially reasonable efforts in providing appropriate solutions under the services. In most cases, CODELOCKE shall attempt to diagnose problem and offer a solution in-store, on-site, or via phones, emails, chats, remote access devices or software’s or other means as it deems most appropriate under the circumstances including remote access. If remote access is used there will be no residual software from the remote session; however, there may be a text file placed on the computer that would explain the activities/solution. If such a text file is placed on the computer, you would have the option to either save or delete the file from your computer.

CODELOCKE reserves the right to put its website portal link in the favorites link of your browsers for easy access later, contact you via phone, chat, email or social media network or any other media to send you periodic updates or newsletters or for any new promotions or updates or for information related to upgrading to a new plan.

All undertakings under Service Plans are subject to CODELOCKE’s Limited Warranty, which is set forth below. You agree to pay all Services Fee and any other applicable fee/charges as set out in the relevant Service Order in accordance with the Payment Terms provided below.

For more information, please refer to online documentation or call us at 1 (844) 768-2053.

PAYMENT

CODELOCKE will provide services against the respective service type only on receipt of payment for the respective service plan. It has no obligation to render any services unless such payment is received.

CODELOCKE provide incident based services. You must read the payment and other terms of the service type very carefully and must make the payment accordingly. CODELOCKE reserve the right to offer discounts against such services on case to case basis. Such discounts could be on isolated cases which are purely on the discretion of its management. CODELOCKE may also offer some promotional discounts or referral discounts based on market conditions or its own policies. The decision of CODELOCKE management in this matter will be final.

REFUND AND CANCELLATION POLICY - SOFTWARE PRODUCTS

Software Products downloaded at CODELOCKE website are activated using a Product Activation Key in order to receive full functional benefits of the product. Product Activation Keys are paid for and purchased by customers at CODELOCKE website. After paying for the Product Activation Key, Product Activation Key is emailed to the customer, and that particular key becomes the property of the customer who made a purchase and paid for on CODELOCKE website and received the key.

Once Product Activation Key is issued to one customer, it cannot be resold or re-assigned to another customer. Hence, no refund is permissible for a software product for which a Product Activation Key has been assigned and emailed, except under the following circumstances (where a full refund may be issued):

  • Customer made purchase for a particular software product at CODELOCKE website, but never received a Product Activation Key.
  • Customer received a Product Activation Key, however, Software failed to activate using that particular key via email.
  • Software successfully activated using the Product Activation Key purchased at CODELOCKE website, however, software malfunctioned after activation and customer notified CODELOCKE by calling 1 (508) 720-8142 or writing at refund@codelocke.com within 3 DAYS of Product Activation.

Please call 1 (508) 720-8142 or write at policy@codelocke.com for further clarification on Refund Policies of Software Products purchased at CODELOCKE website.

REFUND AND CANCELLATION POLICY - SERVICES

Based on the type of Service or Warranty Plan purchased, there are up to 3 types of amounts charged by CODELOCKE as listed below:

  • Initial Incident Service Charges (including Site Visit Charges).
  • Warranty Activation Charges.
  • Warranty Plan Charges.

Initial Incident Service Charges occur when a customer has no existing Warranty Plan with CODELOCKE and that customer contacts CODELOCKE for resolution of an issue. CODELOCKE technician then helps resolve the issue in question, i.e., the resolve the initial issue. Any amount paid for the resolution of an Initial Issue constitutes as Initial Incident Service Charges. This is a one-time charge.

Site Visit Charges occur only if customer opts for an On-Site Service, and for the same reason, CODELOCKE technician visits the site / location of the customer to resolve the initial incident in question.

Warranty Activation Charges and Warranty Plan Charges occur when a customer agrees to buy a protection coverage for a specific period of time against the re-occurrence of an initial issue. As mentioned before, Warranty Coverage is provided for a specific duration. CODELOCKE charges 2 amounts to provide Warranty Coverage - Warranty Activation Charges to activate a Warranty Plan, Warranty Plan Charges to cover the cost of the actual warranty.

BELOW IS THE REFUND AND CANCELLATION POLICY OF CODELOCKE SOLUTIONS, LLC. ("CODELOCKE"). BY ACCEPTING THE SERVICE PLANS OR CONTINUING TO USE CODELOCKE SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS OF REFUND POLICY LISTED BELOW.

INITIAL INCIDENT SERVICE CHARGES REFUND CONDITIONS

(A) INCIDENT SERVICE CHARGES FOR SERVICE PROVIDED IN-STORE (at CODELOCKE Store Location)

You can claim refund of incident service charges paid for an in-store service at CODELOCKE store location only if all of the conditions listed below are met:
  • You have completed all the prerequisites for the resolution of the problem. Below is a list of certain perquisites. Please note that such list is not exclusive.
    • Connecting wires to right ports to make the device accessible and workable to use.
    • Having proper electricity connection to facilitate regular connection with device.
    • Inserting CD’s or requisite software’s to resolve the problem.
    • Having legal rights to software use.
    • Ensuring hardware configuration matches with software’s requirements.
    • Providing physical access to computer.
    • Not having malicious codes, bugs installed to stop the diagnostics and resolution.
    • Not violating any of the hardware or software related legal terms of use.
    • Allowing CODELOCKE technician to make changes in correct settings etc.
    • Not having any other infirmity which renders it impossible for CODELOCKE technician to proceed.
  • The same problem start resurfacing again with the same or higher magnitude within a period of 3 DAYS, and the second attempt to correct the problem within a period of 3 DAYS also is futile.
  • The solution to the problem does not result in the out-of-scope activity (please also refer to exclusion of services clause in this agreement) and is still not resolved. Some of the examples of the out of scope activities are as listed below. The list below is not exhaustive.
    • The problem is diagnosed with a hardware configuration which requires a change in hardware either because of its incompatibility or otherwise. Such new hardware unless purchased will not help in resolving the problem.
    • The problem requires the customer to purchase a license. Unless such license is purchased, CODELOCKE will not be able to resolve the problem.
    • The problem is for an out of scope activity as mentioned under the exclusion of service clause in this agreement.
PLEASE NOTE THAT THE LIST ABOVE IS NOT EXCLUSIVE AND IS ONLY FOR THE PURPOSE OF REFERENCE.

(B) INCIDENT SERVICE CHARGES FOR SERVICE PROVIDED ON-SITE (at Customer Location)

For services rendered on-site, site visit charges are non-refundable. Only service charges can be claimed for refund.
You can claim refund of incident service charges paid for an on-site service at customer's location only if all of the conditions listed below are met:
  • You have completed all the prerequisites for the resolution of the problem. Below is a list of certain perquisites. Please note that such list is not exclusive.
    • Connecting wires to right ports to make the device accessible and workable to use.
    • Having proper electricity connection to facilitate regular connection with device.
    • Inserting CD’s or requisite software’s to resolve the problem.
    • Having legal rights to software use.
    • Ensuring hardware configuration matches with software’s requirements.
    • Providing physical access to computer.
    • Not having malicious codes, bugs installed to stop the diagnostics and resolution.
    • Not violating any of the hardware or software related legal terms of use.
    • Allowing CODELOCKE technician to make changes in correct settings etc.
    • Not having any other infirmity which renders it impossible for CODELOCKE technician to proceed.
  • The same problem start resurfacing again with the same or higher magnitude within a period of 3 DAYS, and the second attempt to correct the problem within a period of 3 DAYS also is futile.
  • The solution to the problem does not result in the out-of-scope activity (please also refer to exclusion of services clause in this agreement) and is still not resolved. Some of the examples of the out of scope activities are as listed below. The list below is not exhaustive.
    • The problem is diagnosed with a hardware configuration which requires a change in hardware either because of its incompatibility or otherwise. Such new hardware unless purchased will not help in resolving the problem.
    • The problem requires the customer to purchase a license. Unless such license is purchased, CODELOCKE will not be able to resolve the problem.
    • The problem is for an out of scope activity as mentioned under the exclusion of service clause in the this agreement.
PLEASE NOTE THAT THE LIST ABOVE IS NOT EXCLUSIVE AND IS ONLY FOR THE PURPOSE OF REFERENCE.

(C) INCIDENT SERVICE CHARGES FOR SERVICE PROVIDED REMOTELY (via Phone by CODELOCKE Technicians)

You can claim refund of service charges for a remote based incident service only if all of the conditions listed below are met:
  • You have completed all the prerequisites for the resolution of the problem. Below is a list of certain perquisites. Please note that such list is not exclusive.
    • Connecting wires to right ports to make the device accessible and workable to use.
    • Having proper electricity connection to facilitate regular connection with device.
    • Inserting CD’s or requisite software’s to resolve the problem.
    • Having legal rights to software use.
    • Ensuring hardware configuration matches with software’s requirements.
    • Following the instructions of CODELOCKE technician.
    • Providing access to computer via a remote connection selected by CODELOCKE technicians.
    • Not having malicious codes, bugs installed to stop the diagnostics and resolution.
    • Not violating any of the hardware or software related legal terms of use.
    • Allowing CODELOCKE technician to make changes to correct the settings etc.
    • Not having any other infirmity which renders it impossible for CODELOCKE technician to proceed.
  • The same problem start resurfacing again with the same or higher magnitude within a period of 3 DAYS, and the second attempt to correct the problem within a period of 3 DAYS also is futile.
  • The solution to the problem does not result in the out-of-scope activity (please also refer to exclusion of services clause in this agreement) and is still not resolved. Some of the examples of the out of scope activities are as listed below. The list below is not exhaustive.
    • The problem is diagnosed with a hardware configuration which requires a change in hardware either because of its incompatibility or otherwise. Such new hardware unless purchased will not help in resolving the problem.
    • The problem requires the customer to purchase a license. Unless such license is purchased, CODELOCKE will not be able to resolve the problem.
    • The problem is for an out of scope activity as mentioned under the exclusion of service clause in the this agreement.
PLEASE NOTE THAT THE LIST ABOVE IS NOT EXCLUSIVE AND IS ONLY FOR THE PURPOSE OF REFERENCE.

Please refer to PROCEDURE AND AMOUNT FOR REFUND section listed elsewhere in this document.

WARRANTY ACTIVATION CHARGES REFUND CONDITIONS

For Warranty Plan Charges, you are entitled to claim full refund of Warranty Activation Charges within 24 hours of the resolution of initial incident. If you have bought a Warranty Plan along with Initial Incident Service Plan, and if you have been charged Warranty Activation fee, you can claim the refund of Warranty Activation charges by writing an email to CODELOCKE at refund@codelocke.com within 24 hours of the resolution of initial incident. After 24 hours, Warranty is activated, and Warranty Activation charges cannot be refunded.

Please refer to PROCEDURE AND AMOUNT FOR REFUND section listed elsewhere in this document.

WARRANTY PLANS CHARGES REFUND CONDITIONS

For Warranty Plan Charges, you are entitled to claim full refund of Warranty Plan Charges if no issue is resolved within a period of 3 DAYS of Warranty Activation. You reserve the right to invoke this clause within a period of 3 DAYS from the day of resolution of an Initial Incident by writing an email to CODELOCKE at refund@codelocke.com. Otherwise Warranty Plan will remain in effect, and the amount of refund against Warranty Plan will be considered as mentioned in PROCEDURE AND AMOUNT FOR REFUND section listed elsewhere in this document.

PROCEDURE AND AMOUNT FOR REFUND

For services rendered on-site, site visit charges are non-refundable. Only service charges can be claimed as refund.
You must follow the procedure listed below to make a valid claim for refund.

Step 1: You must identify which problem is not resolved.

Step 2: You must call at phone number 1 (508) 720-8142 or other numbers as available on http://codelocke.com, or the numbers provided to you as a call back number in order to find a solution for the issue in question with the assistance of CODELOCKE Technician.

Step 3: In addition, you must write at refund@codelocke.com with the following details:

  • The Invoice or ID number given to you at the time of sale.
  • The reason of seeking refund.
  • Outlining the issue which was communicated earlier and not resolved.
  • Reference of any attempt the technician made to rectify the issue but proved futile.

Step 4: You must allow a turnaround time of 2 working days from the date of such email to refund@codelocke.com, and provide the necessary facilities and infrastructure to resolve the issue.

Step 5: In case the issue is still not resolved, CODELOCKE may agree on the amount claimed for refund after deduction of necessary charges for servicing to customer. However, the amount claimed for refund by you should in no case be more than the amount mentioned as per the table listed below:

Type of Service / Service Plan Issues Resolved Maximum Claim for Refund of Service Charges
In-Store Initial Incident Service. No initial issue resolved within 3 DAYS of sale.
  • 100% of Service Charges refunded.
On-Site Initial Incident Service. No initial issue resolved within 3 DAYS of sale.
  • 100% of Service Charges refunded.
  • Site Visit Charges are non-refundable.
Remote based Initial Incident Service. No initial issue resolved within 3 DAYS of sale.
  • 100% of Service Charges refunded.
Any Type of Initial Incident Service Plus Warranty Plan. No initial issue resolved within 3 DAYS of sale.
  • 100% of Initial Incident Service Charges refunded.
  • 100% of Warranty Activation refunded.
  • 100% of Warranty Plan Charges refunded.
Any Type of Initial Incident Service Plus Warranty Plan. Initial incident resolved successfully. Warranty not activated (Warranty is considered activated after 24 hours of the resolution of initial incident).
  • Initial Incident Service Charges not refunded.
  • 100% of Warranty Activation refunded.
  • 100% of Warranty Plan Charges refunded.
Any Type of Initial Incident Service Plus Warranty Plan. Initial incident resolved successfully, Warranty activated, and CODELOCKE fails to resolve subsequent incident during Warranty period.
  • Initial Incident Service Charges not refunded.
  • 100% of Warranty Activation refunded.
  • 100% of Warranty Plan Charges refunded.
Any Type of Initial Incident Service Plus Warranty Plan. Initial incident resolved successfully, and Warranty activated. No further incident resolution is sought by customer within 3 DAYS of Warranty Activation.
  • Initial Incident Service Charges not refunded.
  • Warranty Activation not refunded.
  • 100% of Warranty Plan Charges refunded
.
Any Type of Initial Incident Service Plus Warranty Plan. Initial incident resolved successfully, and Warranty activated. CODELOCKE further resolved at least 1 incident, and CODELOCKE fails to resolve subsequent incidents.
  • Initial Incident Service Charges not refunded.
  • Warranty Activation not refunded.
  • 75% of Warranty Plan Charges refunded.
Any Type of Initial Incident Service Plus Warranty Plan. Initial incident resolved successfully, and Warranty activated. CODELOCKE further resolved at least 2 incidents, and CODELOCKE fails to resolve subsequent incidents.
  • Initial Incident Service Charges not refunded.
  • Warranty Activation not refunded.
  • 50% of Warranty Plan Charges refunded.
Any Type of Initial Incident Service Plus Warranty Plan. Initial incident resolved successfully, and Warranty activated. CODELOCKE further resolved at least 3 incidents, and CODELOCKE fails to resolve subsequent incidents.
  • Service Charges not refunded.
  • Warranty Activation not refunded.
  • 25% of Warranty Plan Charges refunded.
Any Type of Initial Incident Service Plus Warranty Plan. Initial incident resolved successfully, and Warranty activated. CODELOCKE further resolved at least 4 incidents.
  • Initial Incident Service Charges not refunded.
  • Warranty Activation not refunded.
  • Warranty Plan Charges not refunded.

FAIR AND REASONABLE USAGE POLICY

SUSPENSION OR TERMINATION OF WARRANTY

For the services received Remotely, CODELOCKE does not limit the amount of the online service requests user may make during the warranty period, however, each warrantor’s use of the technical services for the warranty based services are subject to CODELOCKE’s "fair and reasonable use" policy. Under this policy, if at any time, at CODELOCKE’s sole discretion, a user is found to be abusing the service by exceeding the level of reasonable use expected from someone using a warranty of the service for individual use, CODELOCKE reserves the right to suspend or terminate warrantor’s services. In addition, CODELOCKE reserves the right to suspend or terminate any Warranty Services of any Subscriber that CODELOCKE, in its sole discretion, determines are being used

  • Fraudulently.
  • By any person other than the Warrantor.
  • For any computer system other than a Registered System.

User may terminate the Service at any time by providing written or electronic notice to CODELOCKE; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.

NO AFFILIATIONS WITH BRANDS FOR SERVICES

CODELOCKE IS AN INDEPENDENT SERVICE PROVIDER OF IN-STORE, ON-SITE, AND ON DEMAND COMPUETR SERVICES AND IS NOT AFFILIATED WITH ANY THIRD PARTY BRAND (including but not limited to Dell, HP, AOL, Microsoft, Apple, Norton or any other antivirus or any other brand in computers or like devices or related accessories or any brand of electronic or technical company) UNLESS SPCIFICIED.

CODELOCKE AS AN INDEPENDENT SERVICE PROVIDER, OFFERS IN-STORE, ON-SITE, AND ON DEMAND REMOTE TECHNICAL SERVICES FOR THIRD PARTY PRODUCTS OF VARIOUS BRAND NAMES. ANY USE OF THIRD PARTY TRADEMARKS, BRAND NAMES, PRODUCTS AND SERVICES IS ONLY REFERENTIAL AND CODELOCKE HEREBY DISCLAIMS ANY SPONSORSHIP, AFFILIATION OR ENDORSEMENT OF OR BY ANY SUCH THIRD PARTY.

PRIVACY POLICY

The CODELOCKE Privacy Policy is an integral part of these Terms and Conditions. If you have not yet reviewed CODELOCKE Privacy Policy, please do so prior to agreeing to these Terms and Conditions. You agree that beyond the Personal Information identified in the Privacy Policy, any information or data disclosed or sent to CODELOCKE in-person, over the telephone, electronically or otherwise, is not confidential or proprietary to you.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the Services, Materials and Software are solely for personal and non-commercial use in addressing matters covered by service rendered. User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, transfer, distribute or sell any information, software, products or services obtained from the Services, Materials, or Software. Any Services, Materials, and Software are available only in connection with Services under a valid Agreement.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the CODELOCKE Portal or any Services, you will not use the Materials, Software or Services for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Services, Materials, or Software in any manner that could damage, disable, overburden, or impair any CODELOCKE server, or the network(s) connected to any CODELOCKE server, or Interfere with any other party's use and enjoyment of any of the CODELOCKE Portal, the Materials, Software or Services. You may not attempt to gain unauthorized access to any CODELOCKE Portal, the Materials, Software or Services, other accounts, computer systems or networks connected to any CODELOCKE server or to any of the CODELOCKE Portal, the Materials, Software or Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any CODELOCKE Portal, the Materials, Software or Services or information through any means other than that specifically permitted to you under a Service Order.

COMMUNICATIONS SERVICES

CODELOCKE may provide you with the use of e-mail services, addresses, bulletin board services, instant messaging services, chat areas, news groups, forums, communities, personal web pages, calendars, file cabinets and/or other message or communication facilities designed to enable you to communicate with CODELOCKE’s employees and others as appropriate to your Service under a Service Order (each a "Communication Service" and collectively "Communication Services"). Communications Services shall only be used under an accepted Service Order, and not for any other purpose.

USE OF COMMUNICATION SERVICES

You agree to use the Communication Services only to post, send and receive messages, material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

  • Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • Upload, or otherwise make available, files that contain images, photographs, service or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademarklaws(or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
  • Use any material or information, including images or photographs, which are made available through the Materials in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar service or programs that may damage the operation of another's computer or property of another.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
  • Falsify or delete any proprietary rights notices, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of service or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading CODELOCKE or others.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Materials or other user or usage information or any portion thereof.
  • CODELOCKE has no obligation to monitor the Communication Services. However, CODELOCKE reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. CODELOCKE reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
  • CODELOCKE reserves the right at all times to disclose any information as CODELOCKE deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CODELOCKE's sole discretion.
  • Any materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

LINKING

You may not create hyperlinks to any portion of the CODELOCKE Portal, nor any Materials or Software posted therein.

INDEMNITY

You agree to indemnify, defend, and hold CODELOCKE, its subsidiaries , group companies, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third-party Web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys' fees, resulting from your violation of the material terms of these Terms of Use, any misuse or abuse of a Service, any use of the Service that amounts to infringement, or infringement by any other user of your account of any intellectual property or other right of CODELOCKE or any other third party. You will cooperate as fully as reasonably required in CODELOCKE’s defense of any claim. CODELOCKE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of CODELOCKE. You agree immediately to notify CODELOCKE of any unauthorized use of your account or any other breach of security known to you.

GUESTS LIMITED LICENSE TO USE OF CODELOCKE PORTAL

If you are not currently subscribed for a Service, then you are regarded as a "Guest". Usage of the CODELOCKE Portal by current CODELOCKE customers outside of the scope of a Service specified under an applicable Service Order is also treated as a "Guest".

As a Guest you may use the CODELOCKE Portal and Materials specifically designated as available to guests on the CODELOCKE Portal for the limited purposes of

  • deciding whether to subscribe to the Services provided by CODELOCKE.
  • Registering with CODELOCKE and submitting Service Orders only. The foregoing license grant is a non-exclusive revocable license.

LIMITED LICENSES TO USE THE CODELOCKE PORTAL, MATERIALS AND SOFTWARE

As permitted through a Service, you may use Materials and Software posted on the CODELOCKE Portal, or made available in connection with a Service Order which may be available for additional purposes and or subject to additional restrictions.

GENERAL LICENSE RESTRICTIONS

Any other use of the CODELOCKE Portal, Services, Materials or Software, other than as explicitly permitted by CODELOCKE is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to CODELOCKE and its suppliers. Reverse engineering and Recompilation of the Software is strictly prohibited.

USER RESPONSIBILITY

In connection with obtaining Services, you agree that you will cooperate with the CODELOCKE Technician. We will use commercially reasonable efforts to provide the service to you. Our experience shows that most issues can be corrected as a result of close cooperation between you and the technician. Please listen carefully to the technician and follow the technician's instructions.

You must confirm that the following conditions are true:

  • The situation giving rise to the question is, reproducible on a single system, i.e., one central processing unit with its workstations and other peripherals.
  • You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident; full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with CODELOCKE service personnel.

Software/Data Backup: You understand and agree that CODELOCKE shall under no circumstance be responsible for any lost or corrupted software or data. CODELOCKE strongly recommends that you at all times maintain a complete data backup and disaster recovery plan.

Account, Password, and Security: For you to submit a Service Order, you must complete the Registration Process by providing us with current, complete and accurate information as prompted by and required under the applicable Registration details asked. You may be required to choose a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to notify CODELOCKE immediately of any unauthorized use of your account or any other breach of security. CODELOCKE will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by CODELOCKE or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES

You hereby acknowledge that circumstances outside of CODELOCKE’s reasonable control (e.g., acts of God, a large scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in CODELOCKE’s ability to schedule a service session. You hereby release CODELOCKE from any and all liability, and agree that CODELOCKE shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays.

CODELOCKE or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.

EXCLUSIONS FROM SERVICES

Services shall not include the following:
  • Any item or activity not covered by the terms of a Service Order.
  • Service beyond the duration limitations identified in your Service Order.
  • Problem diagnosis and resolution that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control.
  • Software, including the operating system and software added to the registered hardware products which are out of scope for the Service Order.
  • Problems that may and do result from:
    • External causes such as accident, abuse, misuse, or problems with electrical power.
    • Usage that is not in accordance with product instructions provided by manufacture.
    • The failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance.
    • The problems caused by using accessories, parts, or components not compatible with the product.
    • Non Compliance with the CODELOCKE technician instructions for resolving the query.

NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE CODELOCKE PORTAL, OR THROUGH A SERVICE

For your convenience, CODELOCKE may make available Materials or Software (as each term is defined above) for use and/or download, whether as a part of a Service, or in promotion of the Services. Use of any Materials and any Software is governed by the more stringent terms of the end user license agreement ("EULA"), if any, which accompanies the specific Materials and Software.

The Materials and Software are made available for download solely for use by you according to

  • EULA.
  • Service Order.

Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.No logo, graphic, sound or image or text from any CODELOCKE Web site may be copied or retransmitted unless expressly permitted by CODELOCKE.

END USER LICENSE AGREEMENTS (EULA)

In connection with our Service, we may provide to you the use of certain software which is owned by CODELOCKE or its third party licensors, and suppliers. We as well as the third party licensors reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of, or for use with, the Service in accordance with the Service Plan and for no other purpose.

The Software may be accompanied by a EULA from CODELOCKE or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms and conditions of the EULA.

EULA FOR CODELOCKE SOFTWARE

With regard to any Software made available to you by CODELOCKE through the CODELOCKE Portal for which your acceptance of a separate license agreement is not required ("CODELOCKE Software"), you are hereby granted a revocable, non-exclusive, non-transferable license by CODELOCKE to use the CODELOCKE Software (and any corrections, updates and upgrades). In accordance with and as required under the Service Plan you shall not make any copies of the CODELOCKE Software.

You agree that the CODELOCKE Software is the confidential and proprietary information of CODELOCKE or its third party licensors, providers or suppliers, and which you shall not disclose to others or use except as expressly permitted herein.

You may not de-compile, reverse technician, disassemble, attempt to discover any source code or underlying ideas or algorithms of the CODELOCKE Software, or otherwise reduce the CODELOCKE Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the CODELOCKE Software to any third party.

You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the CODELOCKE Software.

You acknowledge that this license is not a sale of intellectual property and that CODELOCKE or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the CODELOCKE Software and related documentation, as well as any corrections, updates and upgrades.

The CODELOCKE Software may be used only in the country of residence at the time of acceptance of these terms for use of the CODELOCKE Software. Export of the CODELOCKE Software is strictly prohibited.

THIRD PARTY PRODUCTS

As part of the Services, CODELOCKE may suggest that you acquire, install and use certain third party software or services ("Third Party Software"). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Part Software, whether CODELOCKE assists you in the acquisition, installation, and/or use of Third Party Software. CODELOCKE has no responsibility or rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software.

Your license to the CODELOCKE Software shall remain in full force and effect unless and until terminated by CODELOCKE, its third party licensors, providers or suppliers, or until your Service Plan is terminated as provided by your Service Order and these Terms and Conditions. Upon termination of your Service Plan for any reason, you must cease all use of the Service Plan and the CODELOCKE Software and immediately delete the CODELOCKE Software from your computer.

To the extent that we provide technical assistance and service for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. We make no representation or warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such services and if so, to acquire such rights. You acknowledge that service of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.

THIRD PARTY AGREEMENTS

As part of the Services, CODELOCKE may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider's terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to technical services, portal, training, music, gaming and storage services that CODELOCKE may elect to make available from time to time. Violation of such third party provider's terms of service may, in CODELOCKE’s sole discretion, result in the termination of your customer account and use of service.

LIMITED SERVICE WARRANTY

CODELOCKE disclaims all warranties express or implied as to the services, the materials and the software whether in the nature of merchantability or fitness for a particular purpose, or otherwise, in the event that you are not satisfied with the services, your sole remedy is to

  • ALLOW CODELOCKE TO REPERFORM THE SERVICES SUBJECT TO DISPUTE.
  • RE-DOWNLOAD.
  • ASKING FOR REFUND IN REPECT OF SUCH SERVICES AS PER REFUND POLICY.

The remedies set forth above shall be your sole and exclusive remedy.

WARRANTY DISCLAIMER

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES, INFORMATION, MATERIAL OR SOFTWARE ARE PROVIDED WITH NO OTHER WARRANTIES OF ANY KIND, AND CODELOCKE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CODELOCKE DOES NOT WARRANT THAT THE USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

THE MATERIAL COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, CHANGES MAY REQUIRED TO BE MADE FOR PERIODIC UPDATE.

CODELOCKE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIAL AND/OR SOFTWARE OR SERIVICE DESCRIBED HEREIN AT ANY TIME. IN NO EVENT SHALL CODELOCKE AND/OR ITS RESPECTIVE SUPPLIER BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF DATA OR BACKUP, LOSS OF REVENUE OR PROFITS WHETHER IN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, INCURRED BY YOU OR ANY THIRD PARTY WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SERVICE , MATERIAL, SOFTWARE OR INFORMATION OR FAILURE TO PROVIDE THE SAME, OR INFORMATION AVAILABLE IN THE MATERIALS.

LIMITATION OF LIABILITY

Notwithstanding anything to the contrary in no event shall CODELOCKE be liable to you or any third party in excess of the amounts actually paid by you to CODELOCKE under the Service Order that is the subject of the dispute.

LIMITATIONS ON ACTIONS

Any cause of action by you must be commenced within six months after the cause of action arose or it shall be forever waived and barred.

TERM AND TERMINATION

CODELOCKE at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of CODELOCKE:

  • You are in breach of any of the Terms and Conditions (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software.
  • Your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, CODELOCKE’s network, or the use and enjoyment of CODELOCKE’s other users.
  • CODELOCKE receives an order from a court to terminate the Service you are availing.
  • If CODELOCKE for any reason ceases to offer the Service.
  • If you are no longer a CODELOCKE customer.
  • It is determined that you are abusing the Service. CODELOCKE, in its sole discretion, may refuse to accept your request for the service, renewal or warranty following a termination or suspension of your use of the Service.

DISPUTE RESOLUTION

Notwithstanding any other provision in this agreement, if either CODELOCKE or you have any irresolvable dispute, controversy or claim whether founded in contract, tort, statutory or common law, concerning , arising out of or relating to this agreement or the service, including any claim regarding the applicability, interpretation, scope or validity of this arbitration clause and or this Agreement and upon demand of either party , It will be settled by individual (not class or class wide) binding arbitration administered by a sole arbitrator appointed by the Client in accordance with laws of United States of America (USA).

The language of Arbitration proceedings will be English and location of arbitration will be Framingham, MA in USA. The arbitrator will follow the law and will give effect to any applicable statutes of limitation. The prevailing party shall be entitled to an award of the costs and expenses of the arbitration, including attorney’s fees and expert witness fees. A judgment on the award may be entered by any court having jurisdiction of the Framingham, MA in USA.

JURISDICTION

Agreed and accepted by YOU and CODELOCKE SOLUTIONS, LLC. ("CODELOCKE").

For CODELOCKE SOLUTIONS, LLC. ("CODELOCKE”)

Agreed By You (“Customer”)

(Customer provides Electronic Signature by checking the box against “I have read and agree to the Site Terms and Conditions” on the website, http://codelocke.com, before proceeding to pay for a transaction.)