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Legal Disclaimer and Limitation of Liability

For Locksmith Services Offered to Members and Non-Members

  • Legal Disclaimer and Limitation of Liability

    For Locksmith Services Offered to Members and Non-Members

    PLEASE CAREFULLY READ THE TERMS AND CONDITIONS BELOW.

    BY ACCESSING, DOWNLOADING, COPYING OR USING YT LOCKSMITH MOBILE APPLICATIONS AND YT LOCKSMITH WEBSITES, INCLUDING WITHOUT LIMITATION WWW.YTLOCKSMITH.COM (COLLECTIVELY “THE SITE”), YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS.

    THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE.

    ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS POSTED TO THE SITE.

    IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OR USE THE SITE.

     

    Terms of Use

    By accessing, viewing, using, or downloading materials from the Site you indicate that you have read and understand these Terms and Conditions of Use and further agree to accept all terms and conditions contained herein without limitation or qualification and to be legally bound by them.

    These Terms and Conditions of Use are applicable to your use of the Site regardless of how you accessed it.

    IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY EACH TERM SPECIFIED HEREIN, YOU MUST DISCONTINUE USING AND EXIT THE SITE IMMEDIATELY.

    YT LOCKSMITH reserves the right, in its sole discretion, to modify or change these Terms and Conditions of Use at any time without prior notice to you.

    Your continued use of the Site following the posting of any changes constitutes your acceptance of the current Terms and Conditions of Use.

    If at any time you choose not to accept these Terms and Conditions of Use, you are not authorized to use the Site.

    Portions of the Site may be restricted and require authorization for access.

    Any unauthorized use or access to these areas, including but not limited to unauthorized entry in YT LOCKSMITH’s systems, misuse of passwords, or misuse of any posted information is strictly prohibited.

    Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution.

    Attempts to access such areas without authorization may be viewed, monitored and recorded and any information obtained may be given to law enforcement in connection with any investigation or prosecution of possible criminal activity on this system.

    If you are not an authorized user or do not consent to continued monitoring, you should not attempt to access restricted areas.

    You may not use the Site to engage in any illegal activity or conduct which is defamatory, libelous, threatening or harassing or that infringes on a third party's intellectual property or

     

    Trademarks and Copyrights

    All materials contained in the Site, including but not limited to names, phrases, logos, icons, graphics, images or designs, software, audio or visual materials, are trade names, registered or unregistered trademarks or service marks (collectively referred to as “Trademarks”) and are the property of or used with permission by YT LOCKSMITH and are protected by copyright and intellectual property laws.

    Nothing contained in the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use, copy, redistribute, reproduce, republish, upload or download, any Trademark or other information found on the Site without prior written permission of YT LOCKSMITH.

    You are not authorized to use any portion of the Site on any other website, in the meta-tags of any other website, or in any other materials. You may not modify, publish, create derivative works, copy, distribute, or otherwise use any content of the Site.

    The use of Trademarks by you, or anyone else authorized by you, except as provided herein, is strictly prohibited.

    You may print out a single copy of the pages on the Site for your personal, non-commercial use provided that all copyright, trademark or other notices are retained and are not modified or revised in any manner.

    ALL OTHER USES ARE PROHIBITED.

    Any unauthorized use may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

    other proprietary rights. You agree that any information you provide through the Site will be truthful and accurate

    Ownership of Information

    All information, other than personal data or information (including email addresses), submitted to YT LOCKSMITH via the Site, including data, questions, comments, or suggestions will be treated as non-confidential and non-proprietary and shall be deemed and remain the property of YT LOCKSMITH.

    YT LOCKSMITH shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in such information.

    YT LOCKSMITH shall not be subject to any obligations of confidentiality regarding submitted information except as expressly agreed by YT LOCKSMITH or as required by law.

    Application information submitted to YT LOCKSMITH shall be treated confidentially to the extent required by applicable law or as otherwise disclosed in the application or

     YT LOCKSMITH's Privacy Policy.

     

    Software Licenses

    Permission to use any software contained within the Site is granted only if you have registered to use the Site.

    If you are permitted to use the Site and software, YT LOCKSMITH grants you a non-exclusive, non-transferable, temporary license to use the software.

    The software will remain the sole and exclusive property of YT LOCKSMITH or its third-party vendor.

    If at any time, YT LOCKSMITH’s authorization to use any software expires or terminates, your license to use the software is immediately and automatically revoked without any further action or notice to you.

    Under no circumstances other than for backup or archival purposes may you copy the software or any portion thereof without prior written consent.

    You are not authorized to download, copy, reverse engineer, decompile, or use any software or technical data from the Site in any manner other than as expressly authorized. You further acknowledge that any software which may be available or provided to you on the Site may contain technology that is subject to strict controls pursuant to export control laws and regulations of the United States of America and other countries and jurisdictions.

    You hereby agree that you will not transfer or export such software in violation of such applicable export laws and regulations.

     

    Links to Other Mobile Applications, Websites and Use of the Internet

    The Site may contain links to other mobile applications and websites for the convenience of users in locating information and services that may be of interest.

    If you use any linked mobile application or website, you are leaving the Site. Any linked mobile application websites are entirely independent of the Site and may not be maintained by YT LOCKSMITH.

    If you decide to visit any linked mobile application or website, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.

    YT LOCKSMITH is not responsible for the content of those mobile applications or websites and makes no warranties or representations about the content, accuracy of information, or quality of products or services offered on such mobile application or websites.

    The inclusion of any linked mobile application or website does not imply approval of or endorsement by YT LOCKSMITH.

    Use of the Internet is solely at your own risk and subject to all applicable state, national, and international laws and regulations.

    While YT LOCKSMITH endeavors to apply security protocols which are necessary and appropriate to the types of electronic communications which occur using the Site, the confidentiality of any communication or material transmitted to or from YT LOCKSMITH via the Site or Internet electronic mail cannot be guaranteed, including personal information such as your address or social security number.

    YT LOCKSMITH will not be liable for any loss resulting from a cause over which we have no direct control, including but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

    Third Party Content

    The Site may display some content that we did not create and do not own.

    This content is the sole responsibility of the entity or person that makes it available.

    We assume no responsibility for the conduct of third parties, including persons or entities with which you communicate using the Site.

    You are entirely responsible for any content that you upload, post, email, transmit, utilize, or otherwise make available via the Site.

    We may remove and refuse to display content that violates these Terms and Conditions or applicable laws or regulations.

    Disclaimer of Warranty

    ALTHOUGH YT LOCKSMITH TRIES TO PROVIDE ACCURATE AND TIMELY INFORMATION, THE CONTENT OF THE SITE MAY NOT BE ACCURATE, COMPLETE, OR CURRENT AND MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.

    YOU SHOULD VERIFY ALL INFORMATION BEFORE RELYING ON IT AND DECISIONS BASED ON INFORMATION CONTAINED IN THE SITE ARE YOUR SOLE RESPONSIBILITY.

    USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK AND ALL INFORMATION, SERVICES, MATERIALS, AND OTHER ITEMS ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND.

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, YT LOCKSMITH, INCLUDING WITHOUT LIMITATION, ITS AFFILIATES, AGENTS, EMPLOYEES, AND THIRD-PARTY CONTENT PROVIDERS, DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND TITLE.

    YT LOCKSMITH DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SITE OR ANY MATERIALS WILL OPERATE IN AN ERROR FREE OR UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SITE OR MATERIALS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM.

    YT LOCKSMITH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

    Limitation of Liability

    UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE BY ACT OR OMISSION, SHALL YT LOCKSMITH BE LIABLE TO YOU, OR TO ANY THIRD PARTIES, FOR ANY DAMAGES YOU OR A THIRD PARTY MAY SUSTAIN DUE TO YOUR USE OR INABILITY TO USE THE SITE OR ANY MATERIALS, EVEN IF YT LOCKSMITH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

    EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT YT LOCKSMITH ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING, OR DOWNLOADING OF ANY MATERIALS FROM THE SITE.

    YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. YT LOCKSMITH SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, BUSINESS INTERRUPTION, LOST REVENUES OR LOST PROFITS, LOSS OF PROGRAMS OR OTHER DATA, OR OTHERWISE, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THESE MATERIALS.

    IN NO EVENT SHALL THE TOTAL LIABILITY OF YT LOCKSMITH TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR USE OF THE WEBSITE.

    Indemnification

    You agree to indemnify, defend, and hold harmless YT LOCKSMITH, its affiliates, subsidiaries, agents, directors, officers, and employees from and against any and all claims, losses, costs and expenses, including reasonable attorney fees and costs, arising out of or related in any way to your use of the Site, any breach by you of these Terms and Conditions of Use, your negligent or intentional acts, errors or omissions in regard to the subject matter herein, or violation of any law or regulation, or any proprietary or privacy right.

     

     

    Governing Law and Jurisdiction

    These Terms and Conditions of Use and any use of the Site are governed by the laws of the State of Michigan without reference to its conflicts of law’s provisions and the federal laws of the United States of America as to their interpretation, validity and effect.

    YT LOCKSMITH makes no representation that materials in the Site are appropriate or available for use outside the United States of America.

    If you access the Site from other locations, you do so on your own initiative and are responsible for compliance with all applicable local laws.

    You consent to the personal and exclusive jurisdiction of the state or federal courts located within the State of Michigan for any disputes arising out of these Terms and Conditions or your use of the Site.

     

     

    Introduction

    This document sets forth the terms and conditions, limitations of liability, and legal disclaimers for all locksmith services provided by YT Locksmith (“the Company), applicable to both membership and non-membership (one-time) clients. By engaging in the services of the Company, clients acknowledge and agree to the terms outlined herein.

    Service Agreement

    ·         The Company provides locksmith services to both membership program participants (“Members”) and non-members (“Non-Members”).

    ·         Members may receive priority service, discounted rates, or other benefits as defined in their membership agreement.

    ·         Non-Members are serviced on a per-request basis and are subject to standard rates and terms.

    ·         From the moment of the Technician giving ETA, the technician can be late up to an hour, only by letting the customer in advance.

    ·         Technician is allowed to carry a body camera and film the whole service for quality and improving service quality purposes ONLY.

    ·         Technicians and the company may not upload any recorded calls, text or video films of customers without their consent.

    ·         All calls may be recorded to improve customer service.

    ·         Technicians are allowed to take pictures of the old and new locks or goods provided by the technician for the company record.

    ·         All services provided must be with a picture of ID or form of identification of the service receiver on site.

    ·         If servicing a car that is not registered as a member of the company, the service receiver must show form of identification and car’s paperwork (technician will take pictures for the company’s record).

    ·         All records of services will be kept secure in the company’s database and will not be shared with an outsider without the costumer’s consent (Excluding providing necessary information for a sub to be able to perform the job necessary).

    ·         All customers (members and non-members) MUST treat technician with respect otherwise technician has the right to refuse giving service (with proof of disrespectful or abusive costumer’s behavior).

    ·         Technician has the right to request a form of identification on the phone before arriving on site.

    ·         Technician has the right to request rescheduling a service requested after hours to a business hour if not an urgent service needed (For example programming a new car key).

    ·         Technician has the right to ask the customer to meet him in a public location when the service of location does not feel safe (if possible).

    ·         Company has the right to deny providing service to an abusive/disrespectful customer.

    ·         The technician has the right to refuse to provide service in an unreasonably unsafe environment.

    ·         Technicians of the company DOES NOT knock on doors.

    ·         Membership can share up to 2 points from the membership emergency program with others (only with an approval document signed).

    ·         To provide service a representative must be on site to greet the technician with a form of identification.

    ·         The company has the right to refuse to provide service outside of the areas of service provided set up by the company.

    ·         When providing estimate of cost to a big scale project, Estimation may take up to 10 days to be prepared.

    ·         All costumers( membership and non-membership holders) are forbidden from writing or speaking any review/claim/report and talk on public platforms of any kind on any solved matter that the company constipate for any wrong doing by mistake or on purpose by any registered member or an authorized representative of the company.

    Limitation of Liability

    ·         The Company will exercise reasonable care and skill in the performance of all locksmith services. However, to the fullest extent permitted by law, the Company, its owners, agents, and employees shall not be liable for any incidental, consequential, indirect, special, punitive, or exemplary damages, including but not limited to loss of property, loss of use, lost profits, or personal injury arising out of or in connection with the use of the Company’s services, regardless of whether such damages are based on contract, tort, strict liability, or otherwise, even if advised of the possibility of such damages.

    ·         The Company’s total liability under any circumstances shall not exceed the total amount paid by the client for the specific locksmith service rendered.

    ·         Any company working with YT locksmith (The company) that is doing business outside of the company will not influence the company in any way whatsoever.

    Client Responsibility

    ·         Clients must provide accurate information regarding property ownership and/or right of access prior to any locksmith work being performed (the technician has the right to request an image before heading towards the address of service to be performed). The Company reserves the right to refuse service if ownership or authorization cannot be established.

    ·         Clients are responsible for securing valuables and personal property during service delivery. The Company is not liable for loss or theft of items not directly handled by its technicians.

    ·         It is the client’s responsibility to review all work upon completion and promptly report any issues or concerns. Failure to do so within 48 hours of service may result in the Company declining responsibility for subsequent claims.

    Warranties and Exclusions

    ·         The Company warrants its workmanship for a period of 30 days following service, limited to correction of defective work at no additional charge.

    ·         This warranty does not apply to damages resulting from misuse, abuse, neglect, tampering, or force majeure events (including fire, flood, earthquake, or other natural disasters).

    ·         No other warranties, express or implied, are provided, and any such warranties are hereby disclaimed to the maximum extent allowable by law.

    Membership Terms

    ·         Members must maintain their accounts in good standing to receive program benefits. The Company reserves the right to suspend or terminate membership privileges for violation of terms or misuse of services.

    ·         Membership does not guarantee immediate response times; services are rendered as soon as reasonably possible based on availability and urgency.

    Governing Law and Dispute Resolution

    ·         This agreement shall be governed by and construed in accordance with the laws of the state/province in which services are rendered.

    ·         Any disputes arising from or related to the use of the Company’s services shall first be addressed through good faith negotiation. If resolution cannot be reached, disputes shall be submitted to binding arbitration in the jurisdiction where the services were provided.

    Consent and Acceptance

    By using the Company’s services, whether as a member or Non-Member, clients acknowledge understanding and acceptance of all terms, disclaimers, and limitations of liability stated above. If you do not agree to these terms, do not engage our services.

    This document is for general informational purposes and does not constitute legal advice. For advice specific to your jurisdiction, please consult a qualified attorney.