Terms of Use

Last updated 1/27/2019

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Lorking Technology LLC (“Company”, “we”, “us”, or “our”), concerning your access to and use of the www.Lokring.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.   You confirm that you have read our Privacy Policy, the terms of which are incorporated herein, and agree that the terms of the Privacy Policy are reasonable.  You consent to use of your personal information in accordance with the terms of and for the purposes set forth in our Privacy Policy.  Please visit the Privacy Policy.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

INTELLECTUAL PROPERTY RIGHTS Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed.

Company makes no warranties, representations or claims with respect to any of the Content or information on this Site, and accepts no responsibility for any loss or damage that may result from accessing or relying on any content or information on, or available via, this Site.  Company disclaims to the fullest extent permitted by applicable law any and all liability with respect to acts or omissions made by users of this Site based on the Content or information on or of this Site. Further, Company assumes no responsibility for computer viruses resulting from use of this Site.

Although Company tries to maintain up-to-date and accurate information, we do not guarantee the accuracy or completeness of the Content or information on this Site, and any Content, information or statements on this Site, or available via this Site, may not be current, accurate or complete, or apply to your particular circumstances.

Information transmitted to us electronically via this Site cannot be guaranteed to be secure, and Company assumes no responsibility for the loss of confidentiality for any information that you transmit to us via this Site. Therefore, you should not transmit any confidential information to us via this Site. Company assumes no responsibility for the confidentiality or return of such information.

The content of this Site is protected under international copyright laws and all right, title and interest in and to such content is owned by Company or its licensors.  Reproduction of reasonable portions of this Site is permitted provided that such reproduction: (i) is for non-commercial purposes only; (ii) is properly attributed to Company; (iii) is not altered or presented in a manner that is misleading; and (iv) includes or references the disclaimers set forth herein.  You may not incorporate any substantial portion of this Site in any work or publication, whether in hardcopy, electronic or any other form, or for any commercial purposes, without Company’s prior written authorization.

This Site may include links to third-party websites.  Such links do not constitute an endorsement of such websites by Company, nor is Company responsible for any viruses, content or disputes resulting from your access to such websites. If you use a link included in this Site to visit a third-party website, you assume any risk of doing so and you may be subject to any terms, conditions of use or other notifications or policies set forth therein.

The Site and all Content, information, services, and products on or of the Site are provided on an “as is” basis without warranties of any kind, either express or implied, including, but without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, non-infringement, freedom from computer viruses or other harmful components, and warranties arising from course of dealing or course of performance.  Company makes no warranties or representations about the accuracy or completeness of the Content or information on or of the Site and assumes no liability or responsibility for errors, mistakes or omissions in the Content or personal injury or property damage of any kind arising out of the use of or inability to use the Site.

You acknowledge, by your use of the Site, that your use of the Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the Site, and that Company will not be liable for any damages of any kind related to your use of the Site.  Company makes no warranty that (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Site will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Site or pursuant to your use of the Site will meet your expectations; (v) any errors on the Site will be corrected; or (vi) the Site or services on which they are hosted are free of viruses or other harmful components.  Some jurisdictions do not allow the disclaimer of certain warranties, so all or a portion of the foregoing disclaimer may not apply to you.

In no event will Company be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, under any contract, negligence, strict liability, tort, or other theory, including but not limited to damages from loss of profits, use, data, or other intangibles, even if Company had been advised of such damages.  In particular, and without limitation, Company will not be liable for the damages of any kind resulting from the use of or the inability to use the Site or from any Content posted on the Site by Company or anyone else.  Company does not represent or endorse the accuracy or reliability of any user-generated content displayed, uploaded, posted on any message board, or otherwise distributed through the Site and will not be liable for any damages resulting from user-generated content.

Your sole remedy for dissatisfaction with the Site or the Content is to stop using the Site.  Because some jurisdictions do not allow the exclusion or limitation of liability for certain damages, the above limitations may not apply to you.  You agree that use of the Site is at your sole risk and you shall be solely responsible for any damage to your computer system or loss of data that results from access, browsing, or use of the Site, or the downloading or use of any materials, data, text or images from the Site.

To the fullest extent permitted by law, you agree to defend, indemnify and hold Company, its affiliates, and their officers, directors, shareholders, agents, employees, successors harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to, a violation by you or your agents of these Terms of Use, your infringement of any third party right, including but not limited to any intellectual property or proprietary right, your use of the Site or any other person accessing the Site using your Internet account, or the use of the Site by any other person accessing the Site on your behalf or acting as your agent.

Your use of the Site will be governed in all respects by the laws of the State of Ohio, USA, without regard to choice of law provisions.  You consent and submit to the sole and exclusive jurisdiction and venue of the courts located in the State of Ohio, USA in any legal proceeding directly or indirectly arising out of or relating to the Site.   By using the Site, you consent to service of process in accordance with the rules of such courts, irrevocably submit to the jurisdiction of such courts, and waive any objection that you may have to either the jurisdiction or venue of such courts.  Furthermore, you hereby irrevocably waive the right to trial by jury.  Company’s failure to insist upon or enforce strict performance of any provision of these terms and conditions will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any of these terms and conditions. Company may assign its rights and duties under this Terms of Use to any party at any time without notice to you.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.  Notwithstanding the above, you agree that Company will be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Company makes no representation that Content or information in or on the Site is appropriate or available for use in countries outside the USA and prohibits access from territories where the Content or information in or on the Site is illegal. Those who choose to access the Site from locations outside the USA do so at their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content or information in or on the Site in violation of U.S. export laws and regulations.  Any claim relating to the Content or information in or on the Site will be governed by the substantive laws of the State of Ohio.

In any action against Company arising from the use of the Site, the prevailing party will be entitled to recover all legal fees and expenses incurred in connection with the action, including but not limited to reasonable attorney’s fees and costs.

The Site is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.  If you are over the age of 18, you acknowledge that you are fully able and competent to comprehend, understand and enter into the terms, conditions, limitations, obligations, representations and warranties contained in these Terms of Use.

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and password. Company does not sell products to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

The terms and conditions found in this Terms of Use and in the Privacy Policy sets forth the entire understanding and agreement between you and Company with respect to the Site unless certain services offered through the Site require your agreement to additional terms and conditions. You acknowledge that any other agreements between you and Company with respect to the Site are superseded and of no force or effect. If any provision of these Terms of Use is deemed to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.