PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE LOCATED AT WWW.BITLOCK.CO, PROVIDED BY MESH MOTION, INC. (“MESH MOTION”). BY ACCESSING OR USING THE BITLOCK WEBSITE AT WWW.BITLOCK.CO (THE “WEBSITE”), OR ANY CONTENT, PRODUCTS, DATA FEEDS AND SERVICES PROVIDED TO YOU ON, FROM, OR THROUGH THE WEBSITE, YOU ARE ACKNOWLEDGING AND AGREEING TO BE BOUND BY (I) THESE TERMS OF USE; AND (II) THE PRIVACY POLICY LOCATED AT http://www.bitlock.co/privacy-policy.html, IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MAY NOT BROWSE, ACCESS OR USE OUR WEBSITE. THIS WEBSITE IS NOT INTENDED FOR CHILDREN UNDER THE AGE OF 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE THIS WEBSITE WITHOUT PARENTAL SUPERVISION.
a. These Terms of Use apply to all users of the Website.
b. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version at http://www.bitlock.co/terms-of-use.html Mesh Motion may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions by your continued access or use of the Website. Nothing in these Terms of Use shall be deemed to confer any third party rights or benefits.
c. The Website may contain links to third party websites that are not owned or controlled by Mesh Motion. Mesh Motion has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Mesh Motion will not and cannot censor or edit the content of any third party site. By using the Website, you expressly relieve Mesh Motion from any and all liability arising from your access or use of any third party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.
d. You acknowledge and agree that the Website, all elements of the Website and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith (“MM Materials”) are, and shall remain, the property of Mesh Motion. Except as expressly stated in these Terms of Use, you are not granted any intellectual property rights in or to the Website or any MM Materials by implication, estoppel or other legal theory, and all rights in and to the Website and MM Materials not expressly granted in this Agreement are hereby reserved and retained by Mesh Motion. You are not authorized to use the Website or MM Materials in any advertising, publicity or in any other commercial manner, including using any meta tags or any other “hidden text” utilizing MM Materials, without the prior written consent of Mesh Motion, which may be withheld for any or no reason.
You agree to use the Website only for those purposes that are permitted by (i) these Terms of Use and the Privacy Policy and (ii) by applicable law, regulation or generally accepted practices in the relevant jurisdictions. Mesh Motion hereby grants you permission to access and use the Website as set forth herein, provided that:
a. You agree that any information you provide to Mesh Motion in connection with the Website will be true, accurate, current, and complete. In the event that such information provided to Mesh Motion changes, you agree to update Mesh Motion of such changes.
b. You agree not to distribute in any medium any part of the Website or the MM Materials without Mesh Motion's prior written authorization.
c. You agree not to alter or modify any part of the Website or MM Materials.
d. You may not use the Website in any manner that in our sole discretion could damage or impair the Website or interfere with any other party’s use of the Website. You may not intentionally interfere with or damage the operation of the Website by any means, including, but not limited to, uploading or otherwise disseminating viruses, worms, or other malicious code. You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of any content, such as the MM Materials, accessible through the Website. You may not attempt to gain unauthorized access to the Website, or any MM Materials, other accounts, computer systems or networks connected to the Website, or any MM Materials, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of, or any activities conducted on, the Website.
e. You agree not to use the Website for any public or commercial use unless you obtain Mesh Motion’s prior written approval.
f. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g., comments or email) for any commercial solicitation purposes other than for authorized purposes. Further, you may not send spam, junk mail or other marketing materials to other users of the Website, including, but not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
g. Mesh Motion reserves the right to discontinue any aspect of the Website at any time and without notice, including any media, contests, products or services available therein. Aspects of the Website may be out of date and Mesh Motions makes no commitment to update these materials or aspects.
h. You acknowledge and agree that your access to any third party services (including any third party websites, data, content (including suggestions, comments and recommendations) or search results available through the Website) shall not constitute or imply any endorsement by Mesh Motion or its affiliates of such services. Mesh Motion reserves the right to restrict or deny access to any such services otherwise accessible through the Website, although Mesh Motion has no obligation to restrict or deny access even if requested by you.
a. Mesh Motion may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate these Terms of Use, the Website or the rights afforded to you hereunder with or without prior notice. Furthermore, if you fail to comply with any terms and conditions herein, then any rights afforded to you hereunder shall terminate automatically, without any notice or other action by Mesh Motion. Upon such termination, you shall cease all use of the Website. You agree that Mesh Motion shall not be liable to you or any third party for any such termination. Mesh Motion does not permit copyright infringing activities or other illegal activities on the Website, and reserves the right to terminate access to the Website, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Website may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Mesh Motion may have at law or in equity.
a. Pre-Order Products. Mesh Motion may allow you to place preorders for the Bitlock or other products offered by Mesh Motion (the “Products”).
b. Prices; Availability. Any prices, quotations and descriptions made or referred to on this Website with respect to the Products are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to our express acceptance of your order. We cannot guarantee that all Products are in stock, immediately available, or available for distribution or delivery to your desired delivery address when you submit your order. We may reject your order or cancel an accepted order without liability if we are unable to process or fulfill it for any reason. Any prior payment for a rejected order will be refunded.
c. Pre-orders. An order submitted by you constitutes an offer by you to Mesh Motion to purchase the applicable Product in accordance with these Terms. When placing an order (including preorders), Mesh Motion may require certain information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept up-to-date. Mesh Motion shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct up-to-date contact or shipping information. You can update your information at any time prior to your product being shipped by email to [email protected]. Upon the placing of an order (including preorders), Mesh Motion may verify that any provided payment method is valid, but Mesh Motion will not charge any payment method except as set forth below.
d. Payment and Shipping. When you place your preorder, you will be charged for the Products. The purchase price does not include import duties, taxes and other government charges, which are your responsibility. Mesh Motion will provide you with an estimated shipping date. Such date is only an estimate, is subject to change, and Mesh Motion does not represent or warrant that it will be able to ship the Product by such estimated date.
e. Exchange and Refund Policy. You may cancel your preorder at any time prior to the purchased Product being shipped and Mesh Motion will provide you with a refund of the purchase price paid. If you are not satisfied with the Product, you may return said Product within thirty (30) days of receipt. If a Product is returned within thirty (30) days, you shall be eligible for a refund, a credit towards any Mesh Motion product or a replacement Product, at Mesh Motion’s sole discretion. All returned items must be in an unused condition and in its original packaging to be eligible for the foregoing refund, credit or replacement.
f. Delivery and Risk. Except as expressly provided otherwise in these Terms, risk of loss of or damage to the Product passes to you on delivery or when placed in your possession, whichever shall occur first.
g. Privacy of Provided Information. If you provide information for your preorder of the Products, such information will only be used by Mesh Motion as necessary or helpful to fulfill your order, as expressly set forth herein or in accordance with our Privacy Policy. Mesh Motion may use third parties to process any provided information, so long as such third parties are subject to standard confidentiality arrangements. Mesh Motion may use contact information that you provide to occasionally send you emails or other communications concerning the Products or other Mesh Motion products. Mesh Motion will provide data as required by law or as requested by law enforcement and may transfer data in the context of a sale of its business or part thereof. Mesh Motion will take industry standard efforts to store your data, but no method of electronic storage or transmission is completely secure.
h. Additional Terms of Sale. The purchase of the Products may be subject to additional terms and conditions provided by Mesh Motion, including in respect of any software included in the Products, intellectual property embodied in the Products or data collected by the Products.
YOU AGREE THAT THE WEBSITE AND ANY THIRD PARTY, MEDIA, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED AND YOUR USE OF THE FOREGOING SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MESH MOTION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MESH MOTION MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF MESH MOTION’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR MEDIA POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. MESH MOTION DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MESH MOTION WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES ON, FROM OR THROUGH THE WEBSITE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
a. IN NO EVENT SHALL MESH MOTION, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF MESH MOTION’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MESH MOTION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
b. YOU SPECIFICALLY ACKNOWLEDGE THAT MESH MOTION SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
c. You hereby release Mesh Motion from any liability resulting from your access or use of the Website, including, without limitation, the following: (i) any product liability claims; (ii) any claim that the Website fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
c. The Website is controlled and offered by Mesh Motion from its facilities in the United States of America. Mesh Motion makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Mesh Motion, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) breach of any representations, warranties and covenants contained herein. This defense and indemnification obligation will survive these Terms of Use and your use of the Website. Mesh Motion reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of such claims.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.
If you have any questions or suggestions regarding this Policy, please contact us at [email protected] or at the following address:
Mesh Motion, Inc.
315 Bay St Suite 4
San Francisco, CA 94133
E-mail: [email protected]
a. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. You acknowledge and agree that any claim or dispute between you and Mesh Motion that arises in whole or in part from the Website shall be filed and decided exclusively by a court of competent jurisdiction located in San Francisco City and County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. YOU AND MESH MOTION AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
b. These Terms of Use, together with the Privacy Policy at http://www.bitlock.co/privacy-policy.html, and any other legal notices published by Mesh Motion on the Website, shall constitute the entire agreement between you and Mesh Motion concerning the Website and any use thereof. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.
c. A provision of these Terms may only be waived by written instrument executed by the party entitled to the benefit of such provision. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Mesh Motion’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Mesh Motion reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.
d. Please direct any questions, concerns or claims related to these Terms of Use or your use of the Website to the following:
Mesh Motion, Inc.
315 Bay St Suite 4
San Francisco, CA 94133
E-mail: [email protected]
e. When you visit the Website or our mobile applications or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. 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. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use. Please be aware that our emails to you may be routed to your “Spam” folder. It is your responsibility to check your “Spam” folder and change your settings to allow emails from Mesh Motion if needed.