Lockstop Terms & Conditions
1. Contractual Relationship
These terms and any additional terms incorporated by reference herein (collectively, the “Terms”) are provided to you by Lockstop, Inc., and govern your use of our various products and services (collectively, our “Services”). By using our Services, you hereby agree to these Terms, so please read them carefully.
We may amend these Terms from time to time, and the revised version will be effective when posted on this website or otherwise made available to you. The revised Terms supersede any previous versions. While we will provide you advance notice of any important revisions, we do recommend that you regularly review these Terms because your continued use of our Services after we make any changes to them constitutes your agreement to those changes. We may terminate these Terms or your use of any Services, or generally cease offering or deny access to any portion of the Services, at any time and for any reason in our sole discretion.
2. ASSUMPTION OF RISK. IN CONSIDERATION FOR USING OUR SERVICES AND/OR PRODUCTS, YOU AGREE TO THE FOLLOWING:
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a. YOU ACKNOWLEDGE THAT THERE ARE RISKS ASSOCIATED WITH THE USE OF OUR SERVICES/PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCTS WILL BE USED BY OTHER USERS BOTH BEFORE AND AFTER YOUR USE OF SUCH PRODUCTS AND THAT THE PRODUCTS CAN BECOME DAMAGED OR MAY BE IN DISREPAIR DUE TO REGULAR USE, WEAR AND TEAR, NEGLIGENCE OF OTHERS THROUGH VANDALISM, OR OTHER CAUSES. YOU ALSO ACKNOWLEDGE AND AGREE THAT USE OF THE PRODUCTS AND/OR SERVICES MAY CARRY WITH IT CERTAIN INHERENT RISKS AND DANGERS THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM RISK OF PERSONAL PROPERTY LOSS OR DAMAGE TO PERSONAL INJURIES. YOU ASSUME FULL AND COMPLETE RISK AND RESPONSIBILITY FOR ANY AND ALL RISKS ASSOCIATED WITH USE OF THE PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION, THE RISK OF LOSS OR DAMAGE TO ANY PERSONAL PROPERTY OWNED BY YOU.
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b. YOU HEREBY EXPRESSLY AGREE TO WAIVE AND RELEASE ALL RELEASED PARTIES FROM ANY AND ALL CLAIMS, INCLUDING WITHOUT LIMITATION, CLAIMS FOR OR RELATING TO ANY ACCIDENT, PERSONAL INJURY, PROPERTY DAMAGE OR PROPERTY LOSS THAT YOU MAY SUFFER AS A RESULT OF USING OUR SERVICES OR PRODUCTS, INCLUDING THOSE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OR OMISSION OF ANY OF THE RELEASED PARTIES.
3. Products and Services. In these Terms, we often refer to these as a “Product” or all them collectively as “Products”. Our Services also include our mobile application (the “App”), all other related equipment, maintenance, our websites, and any other information, technology and services provided or otherwise made available to you in our discretion. Please note that we are not a common carrier, we offer our Services as a convenience to those who are able and qualified to use them, and alternative means are available to you and the general public.
4. Your User Account. In order to use most aspects of the Services, you must register for and maintain an active personal user account, which requires a valid debit or credit card or other approved payment method with expiration date and billing postal code as well as other requested information depending on the Product. What you provide to us must be true, accurate, complete and updated as necessary to remain accurate. If applicable, create a username and a strong password and don’t share either with anyone – your account is personal to you and not intended for anyone else, and you are responsible for all activity that occurs under it. Let us know immediately if you suspect unauthorized use of your account.
5. Right to Refuse. Please understand that we reserve the right to accept or reject your reservation requests, and your receipt of our confirmation does not necessarily equal acceptance or constitute confirmation of our offer to make the Services available in any particular instance. If your reservation via the App is rejected after your request, you’ll receive the applicable refund assuming your payment method was charged in the first place. If pricing in the App turns out to be incorrect for any reason, we reserve the right to cancel or reject a corresponding reservation and will issue you the applicable refund. We don’t have unlimited amounts of Products and they aren’t always available. As part of our Services, we work diligently to ensure that our Products are available for your general use.
6. Pricing & Payment. We may put a temporary hold on your debit/credit card account before you start a lock-up to verify your payment information is still valid and/or to verify your debit/credit card has the necessary funds to cover the fees incurred for that ride. Pre-authorization is not a charge to your account, it is a hold on those funds. Pre-authorizations can reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. You should contact your bank or card issuer if you have questions about when a pre-authorization amount will be removed from your statement. Fees and charges will be charged to a payment method in your account. We will automatically charge and withhold the applicable taxes as required by law. All payments to us are made through a third-party payment processor. If your payment method expires and you do not update your information or you cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts. We reserve the right to retry billing all payment method(s) on file after any failed billing attempt. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
7. Warranty Disclaimers. We provide our Services using a commercially reasonable level of skill and care, and while we strive for the highest quality in everything we do, there are certain things we cannot promise of our Services. WE PROVIDE OUR SERVICES “AS IS” AND “AS AVAILABLE.” OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, THE RELEASED PARTIES (WHICH WE DEFINE IN THE NEXT PARAGRAPH) DO NOT MAKE ANY SPECIFIC PROMISES ABOUT ANY SERVICES, WHETHER ABOUT THE SPECIFIC FUNCTIONS OF SUCH SERVICES, THEIR RELIABILITY, QUALITY, AVAILABILITY OR ABILITY TO MEET YOUR SPECIFIC NEEDS OR OTHERWISE, OR THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, SUCH AS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE AND OUR RELEASED PARTIES EXCLUDE ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED.
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When we use the term “Released Parties” in these Terms, we mean (i) us and our affiliates and subsidiaries and our and their respective owners, managers, officers, employees, directors, agents, representatives, successors, assigns, licensees, distributors, vendors and third parties with whom we authorize or otherwise partner with to distribute, market or otherwise commercialize the Services, (ii) municipalities and public entities (including all of their respective elected and appointed officers, officials, employees and agents) which authorize us to operate any of the Services, (iii) owners and ground lessees of the property (including all of their respective elected and appointed officers, officials, employees and agents) which authorize us to operate any of the Services on its premises, and (iv) to the extent you access the Services using a third party application, website, content, product or service, that third party and all of its affiliates and subsidiaries and each of their respective owners, managers, officers, employees, directors, agents, representatives, successors and assigns.
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IF YOU USE ANY OF OUR PRODUCTS IN A WAY THAT IS PROHIBITED BY THESE TERMS, IT WILL VOID ALL INSURANCE, ACCIDENT, OR LIABILITY COVERAGES PROVIDED BY US OR OUR INSURER, INCLUDING ANY COLLISION DAMAGE WAIVER (WHERE PERMITTED BY LAW); AND YOU WILL BE RESPONSIBLE FOR ALL LOSS OR DAMAGE TO, OR CONNECTED WITH THE PRODUCT, INCLUDING OUR EXPENSES, TO THE EXTENT THAT SUCH LOSS OR DAMAGE IS DUE TO SUCH PROHIBITED USE. THE PROVISIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW.
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8. Indemnity. To the fullest extent permitted by law, you agree to defend and indemnify and hold harmless the Released Parties from any and all claims, actions, damages, penalties, fines, demands, losses, liabilities, costs and expenses, injuries or payments for injury to any person or property caused or claimed to be caused by the active or passive negligence of any Released Parties, arising out of or in connection with (i) your use of the Services and/or Products, (ii) your breach or violation of any of these Terms or any applicable law, or (iii) your violation of the rights of any third party. The Released Parties reserve the right to assume the exclusive defense of any claims or lawsuits, and you agree not to settle any of the foregoing without the applicable Released Parties’ prior written consent. You agree that the obligations in this Section will survive any termination of these Terms, your user account or your access to our Services generally.
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9. Intellectual Property. Subject to these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the App and our related software and services on your personal device solely for your use of our Services. Such rights are for your personal, noncommercial use only. Any rights not expressly granted herein are reserved by us and our licensors. You are not allowed to copy, modify, distribute, sell or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of the Services or software, unless laws prohibit these restrictions or you have our written permission to do so. The Services are our exclusive property, and your use of them does not transfer any ownership rights to you. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access, and except for the limited license granted to you above, all rights therein (including all intellectual property) belong to us or our licensors. You may not use content from our Services without our express prior permission or as otherwise permitted by law. These Terms do not grant you the right to use any trademarks, branding, logos or any other intellectual property used in our Services or otherwise.
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10. Third Party Services and Content. The Services may be made available or accessed in connection with services and content (including advertising) controlled by third parties with different terms of use and privacy policies. We don’t endorse these third-party services and content and we are not responsible or liable for any of their products or services. These third-party beneficiaries are not parties to these Terms and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these applications or devices is subject to terms set forth in their respective terms of service and privacy policies.
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11. Network Access and Devices. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services (including the App) and any updates thereto. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices.
12. General. These Terms will be governed by and construed in accordance with the laws of the State of Arkansas, without regard to its conflicts of law provisions. You may not assign these Terms without our prior written approval. We may assign these Terms without your consent to a related or affiliated entity or in the event of a sale of all or substantially all of our assets, stock or business, or to a successor by merger. Any purported assignment in violation of this paragraph is void. No joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or your use of our Services. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be struck and the remaining provisions shall be enforced to the fullest extent under the law. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless we acknowledge and agree to it in writing, and it is not a waiver of our right to do so later. Force majeure events may prevent us from providing the Services. Note that when we say “include” or “including” throughout these Terms, we really mean “including, but not limited to” but do this for ease of reading. Provisions that by their nature are intended to survive the termination of these Terms or your use of the Services will survive.
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13. Arbitration. Before bringing a formal legal case, please first try contacting our Customer Support. Most disputes can be resolved that way. Any controversy arising out of or relating to this Agreement, its enforcement, arbitrability or interpretation, or because of an alleged breach, default, or misrepresentation in connection with any of its provisions, or any other controversy arising out of or relating in any way to the subject matter contained herein, that is not resolved as set forth above, shall be submitted to final and binding arbitration. Any arbitration hereunder shall be in Benton County, Arkansas before a sole arbitrator selected from Judicial Arbitration and Mediation Services, Inc., or its successor (“JAMS”), or if JAMS is no longer able to supply the arbitrator, such arbitrator shall be selected from the American Arbitration Association. Final resolution of any dispute through arbitration may include any remedy or relief which the arbitrator deems just and equitable, including any and all remedies provided by applicable state or federal statutes. At the conclusion of the arbitration, the arbitrator shall issue a written decision that sets forth the essential findings and conclusions upon which the arbitrator’s award or decision is based. Any award or relief granted by the arbitrator hereunder shall be final and binding on the parties hereto and may be enforced by any court of competent jurisdiction. The parties acknowledge and agree that they are hereby waiving any rights to trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other in connection with any matter whatsoever arising out of or in any way connected with this Agreement or the subject matter contained herein. Notwithstanding the foregoing, either you or Lockstop may bring a dispute in small claims courts of competent jurisdiction. Lockstop reserves the right to reject your request for arbitration for any dispute which can be resolved in small claims courts.