Terms Of Service

Terms of Service (ToS) and License Agreement

from April 24, 2023

These ToS and license terms (these “ToS”) are a binding agreement between you, including Locksmiths as defined in this ToS (“you,” “your,”) and 1-800-UNLOCKS, INC., a Virginia corporation with offices in Richmond, Virginia (“Unlocks,” “we,” “us,” “our”).  By accessing or using our web site, software, and/or related services (all together, the “Service”) each site visitor and user of the Service acknowledges having read, understood and agrees to be bound by the ToS and our privacy policy https://1800unlocks.com/privacy-policy. If you do not so agree, you may not access or use the Service.

We may update or modify the ToS at our discretion and will post the updated terms to https://1800unlocks.com/terms-of-service.  The updated ToS will be effective as of the date indicated in the ToS. We may provide notice of the updates by email, text, and/or an on-screen notification. Your exclusive remedy if you do not accept the updated ToS is to cease your access to and use of the Service. Any use of the Service after the effective date means you have accepted the new ToS.

Within the ToS, users of the Service who may or actually do purchase goods or services from Locksmiths are called “Customers.”  Individuals or entities that offer and provide services to Customers are called “Locksmiths.”  Customers, Locksmith, site visitors, users of the Service, and Unlocks are referred to herein as “All Parties.”

The Services: The Company is a marketing partner and service provider that connects customers with professional locksmiths in their area. You agree that we do not provide locksmith or related services to customers. You agree that we are not responsible, nor will we be liable, for the actions or failures to act of the companies or personnel that/who receive information or assignments, or that/who respond to your service request.
You agree that while we will make our best efforts to present only accurate and up to date information about each listed person or business entity on the Service, we cannot guarantee that any such information will be current, complete, or reliable. You agree therefore to use your own best judgment in dealing with any person or entity participating in the Service, with respect to cost, reliability, and other matters that may be relevant to your requested services and your particular situation.
For those of our locksmith partners that participate in our Professional Locksmith Guarantee program, we perform additional vetting and background checks to the best of our ability, given the extent of information made available to us by these locksmiths and any third-party sources.
You agree that any person or entity’s participation or certification by us within the Professional Locksmith Guarantee program does not make us responsible or liable for the actions or failures to act of the companies or personnel that/who participate or are listed by us in the Professional Locksmith Guarantee program.

Scope of Service.  Locksmiths will engage Unlocks for assistance in the areas of one or more of the following aspects of the Service:

• lead generation
• pre-qualification of leads
• booking of appointments
• web development
• marketing services

Each of these components of the Services will be subject to its own cost structure, to be separately agreed upon by email, e-signature, and/or online signup or subscription.  Payment structures may include charges per month, per lead, per appointment, per deliverable, per advertising impression, based on a set of deliverable tasks, or other.  These ToS will apply to each such aspect of the Service.

All Parties agree:

• Customers are solely responsible for compensation to Locksmiths, and for insuring a safe environment for the Locksmiths to deliver their services
• Locksmiths are solely responsible for providing services to Customers, and for any related actions, damages, claims, acts, or failures to act; each Locksmith is responsible for procuring its own insurance coverage for its activities
• Unlocks is not a Customer or a Locksmith; Unlocks is not an insurer against damages or injuries to any person, property, or equipment.

Locksmith Service Availability
The availability and pricing of Locksmith services varies depending on the availability and rates of Locksmiths closest to you. While we seek continually to add new providers to the Service, our participating providers do not cover all localities. 24 Hour Emergency Locksmith Service available in participating areas only. Call for details or check your zip code on the Website for participating locksmiths in your area.

Your Content and Information
You represent and warrant that you will provide only accurate, complete, and non-misleading content and data to the Service. You further represent and warrant that you will act quickly to correct any unintentional errors with regard to Your Content (as defined herein). Each Locksmith and each Customer will be solely responsible for any and all service descriptions, pricing data, photos, text, graphics, videos, images, or other material that it uploads to the Service (“Your Content”). You grant us a non-exclusive, fully paid, royalty-free license to access, use, copy, modify (including the right to create derivative works), display, reproduce, and transmit Your Content for the provision of the Service by Unlocks and its partners and necessary service providers. You agree that Unlocks may use Your Content to suggest or promote services that may be of interest to you, at any time.

You are responsible for the accuracy, content, intellectual property rights and licenses, and legality of Your Content, and any indexing, communication, display, or transfer of Your Content outside of the Service by you or any third-party authorized by you. You represent, warrant and covenant that you have all rights necessary to upload Your Content to the Service and to otherwise have Your Content used and shared thereafter.

Illegal or Abusive Usage is Strictly Prohibited:

You must not use, and you shall not assist any person to use, the Services in any way that violates a federal, state, or local law, regulation, or ordinance, or for any tortious or illegal purpose, including but not limited to harassing, slandering, defaming, or improperly conducting surveillance of any person. You may not use the Company’s Website for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content. Should you be found to have engaged in illegal or abusive usage of our website, Company will suspend your account or usage as applicable.
Electronic Communication: When you visit our website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-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.
Your Consent:

By using 1-800-UNLOCKS, Inc., you consents to our privacy policy. To review our Privacy Policy please visit https://1800unlocks.com/privacy-policy/.
Changes to Privacy Policy:

In the case of changes to 1-800-UNLOCKS, Inc. Service privacy policy, we will post those changes on this page https://1800unlocks.com/privacy-policy/.
Contacting Us:

If there are any questions regarding these terms or the 1-800-UNLOCKS, Inc. service, you may contact us by calling 888-286-5625 or using the information below.
1-800-UNLOCKS, Inc. 2110 Spencer Road, Richmond, Virginia, 23230.

Rights of Unlocks, Trademark Use
Unlocks owns or has license to all rights, title, interest, copyright and other intellectual property rights in and to the Service and all content and other aspects thereof.  All Parties agree that Unlocks has a license to retain, use, and copy any records, descriptions, images, or content related to Locksmith services or Customer properties or projects.

The trademarks, service marks, and logos used and displayed on the Service are trademarks or service marks of Unlocks or of their respective owners. The Trademarks may not be used to disparage Unlocks or any third party, Unlocks’s or any other product or service, or in any manner that may damage any goodwill in the Unlocks trademarks. Unlocks hereby grants to you a limited, revocable license to use Unlocks’s word marks and logos on your web site and signage.

Any rights not expressly granted herein are reserved by Unlocks and its third-party service providers.

License and Site Access:

Company grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information including but not limited to images, text, page layout, or form of Company without express written consent. You may not use any meta tags or any other “hidden text” utilizing Company’s name or trademarks without the express written consent. Any unauthorized use terminates the permission or license granted. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Company so long as the link does not portray Company, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Company logo or other proprietary graphic or trademark as part of the link without express written permission.

Third-Party Content.
You may see or receive content from parties not owned or controlled by you or by us, including our partners, or other users of the Service (“Third-Party Content”). Such Third-Party Content and the Service are subject to United States and other intellectual property laws. Unauthorized use of the Service and/or Third-Party Content may be illegal. You agree not to use, copy, share, distribute, or display any content or data not contributed by you, except as permitted under these ToS, or by express, prior written consent. Under no circumstances will Unlocks be liable in any way for any Third-Party Content, including liability for any errors or omissions, loss or damage of any kind.

Unlocks does not review, approve, disapprove, or legally vet Your Content or Third-Party Content, but we do reserve the right to refuse to accept, or delete Your Content or Third-Party Content at our discretion. We have the right (but not the obligation) in our discretion to reject, remove, or modify any content that is subject to objection or demand by any person or entity, or which we reasonably consider to be in violation of these ToS or applicable law.

Use of the Platform
No person or entity is authorized to re-sell, sublicense, reverse engineer, decompile, disassemble, modify, translate, or create derivative works of or related to the Unlocks software, web site, code, content, copyrightable element, or any other aspect or component of the Service.

No person or entity may use or access the Service to build or support, and/or assist a third party in building or supporting products or services competitive with Unlocks or the Service.

No person or entity may remove or obscure any proprietary notices or labels from any aspect of the Service or use the Service for any fraudulent undertaking or in any manner that could damage, disable, overburden, impair or otherwise interfere with the Service.

Payments
Unlocks uses third-party processing services to process payments from Locksmiths for service orders placed through the Service. Each of these processing services charge a fee. The Locksmith will be paid by the Customer. Unlocks will charge a lead fee to the locksmith using a credit card they provide. If we need to make a correction, we can credit their card, mail a check or provide a credit on their account. Locksmith hereby authorize Unlocks, our banks, and our payment processing vendors to charge or retrieve additional amounts, net out additional amounts from future payments or balances, submit an additional amount to you in a later transmittal, or otherwise take corrective action as necessary to remedy such error within a reasonable amount of time following Unlocks’s actual knowledge and verification of any such error.

Suggestions
You may submit suggestions, ideas, feedback, recommendations, or requests. By doing so, you irrevocably assign to Unlocks all right, title, interest and intellectual property rights to such matters.

Your Account
You are wholly responsible for maintaining the confidentiality and security of your username and password, and you are wholly liable for all activities occurring thereunder. Unlocks cannot and will not be liable for any loss or damage arising from a user’s failure to comply with this section, including any loss or damage arising from your failure to secure your account or to immediately notify Unlocks of any unauthorized use of a password or account or any other breach of security.

Privacy
Unlocks’s Privacy Policy describes what information we collect from you and other users of the Service, and how we use Your Content and other information obtained through the Service. We encourage you to read the Privacy Policy carefully as it forms a binding part of these ToS, and contains important information about your rights.

Limitation of Liability and Disclaimer of Warranties
EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, UNLOCKS AND ITS PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, FOR THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  UNLOCKS AND ITS PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, CONSISTENT AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR THE RESULTS YOU MAY OBTAIN BY USING THE SERVICE. YOU AGREE THAT YOUR SOLE REMEDY IN THE EVENT OF ANY DAMAGE, HARM, CLAIM, OR UNSATISFACTORY SERVICE PROVIDED OR PAYMENT EXPECTED SHALL BE AGAINST THE RELEVANT PROVIDER OR CUSTOMER, AND NOT AGAINST UNLOCKS.

NEITHER UNLOCKS NOR ITS PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND YOU AGREE THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. UNLOCKS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, UNLOCKS DOES NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY UNLOCKS, THE SERVICE ARE PROVIDED TO MERCHANT ON AN “AS IS” BASIS.

IN NO EVENT WILL UNLOCKS BE LIABLE UNDER ANY LEGAL THEORY INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST OR MISTAKEN ORDERS, OR BUSINESS INTERRUPTION RESULTING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, EVEN IF UNLOCKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY HAS FAILED ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNLOCKS’S AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED DOLLARS ($100).

If these exclusions of warranties or limitations of liability are not enforceable under applicable state law, THE LIABILITY OF UNLOCKS AND ITS PROVIDERS AND CONTRACT PARTNERS WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification
You and all Customers and Locksmiths agree to defend, indemnify and hold harmless Unlocks and its directors, officers, employees, affiliates, third-party service providers, and agents from and against any claims, actions or demands, including, without limitation, reasonable attorneys’ fees, arising from or relating to the Service, any service order, service, payment, lack of payment, or any breach of these ToS. Unlocks will provide notice to you of any such claim, suit, or proceeding. Unlocks reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section. In such case, you agree to cooperate with any reasonable requests assisting Unlocks’s defense of such matter.

Termination
These ToS continue to govern your use of the Service unless and until such time as you or we terminate your use of any applicable Service. Upon termination, you will lose access to the relevant Service, and we may delete any information stored regarding you or your leads, opportunities, bookings, services, communications, transactions and all other data relating to you and the Service. Termination of your use of any of the Services does not relieve you of the obligation to pay any related fees and charges already incurred. In the event of termination of your use of the Service by you or us, we will not provide any refunds for amounts previously paid through the Service.

Unlocks reserves the right, in its sole discretion, to modify, suspend, or terminate these ToS and your access to all or any part of the Service or your Content at any time and for any reason without prior notice, and without liability. Unlocks reserves the right to modify, suspend, or discontinue all or any part of the Service at any time without prior notice, and without liability.
Risk of Loss, Third Parties:

All items purchased from Company via the Service are subject to delivery, installation, and service by a third party service provider who has opted into our network. We do not guarantee, otherwise support or accept liability for products, services, deliveries or failures to deliver by others, including those locksmiths and related individuals, manufacturers that may be related to our Website or the Service. We offer no refunds or returns of any goods or services purchased after your interaction with the Service.

Locksmith Requirements
In order to begin and continue a service relationship with Unlocks, each Locksmith must:

• Provide and update your valid contact information, including physical address, email address(es), and phone number(s)
• Have and maintain a valid business license in the states and localities in which it provides services
• Be and remain a licensed locksmith to the extent required by the laws and regulations of the states and localities in which it provides services
• Maintain liability insurance and fidelity bond for coverage of claims regarding the actions and failures to act of itself and its employees and any subcontractors who may provide services to a Customer
• Agree and live up to the Unlocks Professional Guarantee which is outlined below:

1. 1. Pricing: When configuring and/or submitting my job proposals to customers, I agree that I will offer capable and industry-acceptable services and shall be compensated accordingly. I agree to provide pricing at a “fair market” value, and not participate in “price gouging” or any other illegal activity. No Bait and Switch: I agree not to purposely provide incorrect or inflated pricing to customers in order to obtain any service assignment and then thereafter increase pricing once on site. This is defined as a bait-and-switch pricing technique, and will not be tolerated. Honest Quotes: I will quote all pricing initially to the customer based on the information and/or site inspection provided. If the scope of work changes, I will notify the customer of any additional charges before beginning work.
   2. Laws & Regulations: I and my business hereby agree to follow all State and Federal laws and regulations surrounding my business operations. This includes, but is not limited to: confirming property ownership prior to service; having a valid business license; maintaining required insurance including workman’s compensation (if required by statute); and all trade licensing for
   3. Appearance: I agree to uphold specific characteristics such as appearance and reputation that are commonly recognized professional standards, and shall be required with affiliation in this program in conformance with professional locksmith standards. This includes, but is not limited to: personal and company identification, carrying business cards, all available for customers to inspect upon request and verify my legitimacy and licensing (if applicable) locksmithing and/or electronic security and low-voltage work as required.
   4. Customer Satisfaction: I will provide professional locksmith services to the best of my abilities. This includes completing jobs fully and without damage to the customer’s property. If I cannot complete the repair(s) necessary to satisfy the customer and correct the situation, I will abide by the rules of the dispute resolution policy herein which may include obtaining assistance from other local locksmiths or contractors or filing an insurance claim.
   5. Honest Representation: I agree to never falsely identify myself, including claiming myself or my company as another locksmith or locksmith company for any reason, or utilize any other name except that which is legally registered to my company. Unlocks may request updated documentation at any time of any of these matters, and Locksmith agrees to provide such documentation within three (3) business days of such request).

Compliance

You agree to comply with all laws, rules and regulations applicable to Locksmith’s business in relation to your use of the Service, including

• any applicable tax laws and regulations, the Payment Card Industry Data Security Standards as made available at https://www.pcisecuritystandards.org/ and the by-laws,
• any and all rules, policies and procedures of credit card networks and other payment processing organizations.
• United States laws controlling the export of products and information. You agree not to export or re-export any part of the Service. You agree that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export or re-export of the Service.

Force Majeure

Unlocks will not be liable for any failure or delay resulting from any condition beyond its reasonable control, including but not limited to governmental action or acts of terrorism, earthquake, fire, disease, outbreak, flood, or other acts of God, labor conditions, power failures, third-party service interruptions, and Internet disturbances.

Consent to Electronic Communications

By providing your email address and mobile phone number, you agree that we may contact you by these methods, including text or SMS messaging. Carrier charges for your phone or other device may apply to text messages or SMS messages originating with or related to the Service.  You consent to receiving such communications. Consent to electronic communications is a condition of our Service.  Though you are able to revoke it at any time, if you revoke it you will no longer be able to use the Service. Your consent to receive electronic communications is valid until you revoke it. If you wish to revoke your consent for electronic Communications, please contact << info@1800unlocks.com >>.  It is your responsibility to keep your email address and mobile phone number accurate and up to date so that we can communicate with you. You can update this information through the Unlocks app, when logged in to the web site, or by contacting support.

Disputes, Arbitration

Unlocks’s sole role and responsibility with regard to any disputes between you and any Locksmith or Customer relating to the Service, including any disputes relating to any goods or services offered or provided, any damage, or any actions or failures to act, will be to facilitate communication between the parties to the dispute by sharing contact information and/or by allowing communication via the Service.  You agree that in the event of a dispute, Unlocks may share your email address, phone number, and other contact information with other parties to the dispute.

Any disputes or claims between you and Unlocks, whether arising out of or relating to these ToS or not, shall be resolved exclusively through final and binding arbitration, according to the commercial arbitration rules of the American Arbitration Association and subject to the Federal Arbitration Act, as each may be modified by these ToS. You and Unlocks waive the right to a trial by jury or to participate in a class action or any other representative action or proceeding. Notwithstanding the foregoing, these ToS shall not preclude either party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or preliminary injunction in circumstances in which such relief is appropriate provided that any other relief shall be pursued through an arbitration proceeding pursuant to these ToS. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Survival

Upon termination for any reason of your use of the Service or these ToS, in addition to this section, all provisions governing content rights, intellectual property, your responsibilities, fees and payments, warranties, waivers, limitations of liability, indemnification, termination, arbitration, governing law, and “miscellaneous” shall survive termination.

Assignment

You may not assign these ToS or any rights or obligations hereunder, by any means, without our prior written consent.  Any attempted assignment may be void, at our discretion. We reserve the right to freely assign these ToS and the rights and obligations hereunder, to any party without notice or consent. Subject to the foregoing, these ToS shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.

Governing Law

Any action, claim, or dispute related to these ToS will be governed by the laws of the Commonwealth of Virginia, excluding its conflicts of law provisions, and controlling U.S. federal law. The Uniform Commercial Code, United Nations Convention on Contracts for the International Sale of Goods, and Uniform Computer Information Transactions Act will not apply to these ToS.

Miscellaneous

If any provision of these ToS is found to be invalid by a court of competent jurisdiction, such invalidity will not affect the validity of the remaining provisions. Failure of Unlocks to act on or enforce any provision of these ToS will not be construed as a waiver of that provision or any other provision. No waiver will be effective against Unlocks unless made in writing, and no such waiver will be construed as a waiver in any other instance. Except as expressly agreed by Unlocks and you, these ToS, including any Unlocks policies governing the Service referenced herein, constitute the entire agreement between you and Unlocks with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements or communications of any kind with respect to the subject matter.