Videx, Inc. genuinely thanks you for using FlashLock. FlashLock products are designed and manufactured exclusively in Corvallis, OR, USA, and our team takes great pride in delivering innovative, reliable access control products. Please read this MyFlashLock Master Service Agreement (“Agreement”) carefully as the terms and conditions set forth herein govern your access to and use of the website accessible at www.myflashlock.com (the “Site”), as well as your access to and use of (i) the MyFlashLock Assistant downloadable application (“MyFlashLock App”), (ii) FlashLock branded electronic locks and access control products registered with or used in connection with the Site, and (iii) any FlashLock related services made available to you via the Site, whether offered by Videx or its vendors, such as CyberLock, Inc. (which manages the distribution of CyberLock and FlashLock products manufactured by Videx) (for brevity, the Site and any such product or service enumerated in i-iii above are collectively referred to as the “MyFlashLock Services”). In other words, when this Agreement references “MyFlashLock Services” this encompasses, for example, FlashLock electronic locks and other hardware devices, software applications and extensions, the Site and any web applications or tools made available thereon, downloadable mobile applications, the access administration features provided via the Site and the MyFlashLock App including, but not limited to, mobile credential management, delivery of electronic notification messages, and compiling of access event records, and any other access control services or support made available to you in connection with Videx’s FlashLock technology offered through CyberLock, Inc. or others. This Agreement does not apply to your access to and use of the FlashLock Software Enhancement Module (“FlashLock SEM”) available in the CyberAudit-Web Enterprise management software. The FlashLock SEM is accompanied by a separate agreement and any access to or use of FlashLock hardware or services in connection with the FlashLock SEM shall be governed by the terms and conditions of that agreement.
The purchase of FlashLock hardware product from CyberLock, Inc., including products purchased for resale by CyberLock distribution partners, is governed by the limited warranty provided with that product (“Limited Warranty on CyberLock Hardware” available at https://cyberlock.com/wp-content/uploads/2018/02/CyberLock_Product_Warranty.pdf) and by the applicable terms and conditions of sale. All purchases of FlashLock hardware from one of CyberLock’s independent, third-party distribution partners shall be governed by the warranty terms and the terms and conditions of sale made available to you by that partner and such purchases are not eligible for coverage under the Limited Warranty on CyberLock Hardware. MyFlashLock Services may include certain features that are subject to separate terms and conditions in addition to this Agreement, in which case your use will also be subject to those additional terms and conditions.
In order to use the MyFlashLock Services, you must first accept this Agreement. If you do not accept this Agreement in its entirety, you are not permitted to use MyFlashLock Services. This Agreement represents the entire and exclusive agreement concerning the MyFlashLock Services and constitutes a binding legal agreement between you, any person or legal entity on whose behalf you are acting, and Videx, Inc. Except as otherwise set forth herein, this Agreement supersedes all previous understandings and agreements regarding its subject matter. You represent and warrant that you are of sufficient legal age and capacity to use or access the MyFlashLock Services, and that you have authority to be bound by this Agreement on behalf of yourself and, where applicable, the entity you represent. Your use of the MyFlashLock Services is expressly conditioned on your acceptance to this Agreement. By clicking an “I Agree” or similar button provided in connection with this Agreement, you accept all terms of this Agreement and agree to be bound on behalf of yourself and/or the entity you represent, and you acknowledge and agree to the storage and use of your information in accordance with the MyFlashLock Privacy Policy, which is hereby incorporated into this Agreement. In addition, by accessing or using the Site for the purpose of accessing or configuring FlashLock hardware, setting up a user account, or using any other services provided in connection with the Site, you accept all terms of this Agreement and agree to be bound on behalf of yourself and/or the entity you represent, and you acknowledge and agree to the storage and use of your information in accordance with the MyFlashLock Privacy Policy. If you do not comply with the above representations regarding your authority to enter this Agreement, or if you disagree with any aspect of this Agreement, you should immediately cease accessing or using the MyFlashLock Services.
Access to and Use of MyFlashLock Services
Videx, Inc. and its vendors (“Videx” or “us” or “we” or “our”) provide software services designed to take advantage of Videx manufactured hardware that incorporates our proprietary FlashLock technology via (i) the FlashLock SEM accessible exclusively via the CyberAudit-Web Enterprise software interface (governed by a separate agreement), (ii) the Site, and (iii) the MyFlashLock App. Be aware that information from FlashLock hardware products that you buy from us or our partners may be uploaded to devices used and controlled by us for the purpose of providing the MyFlashLock Services. The MyFlashLock Services include online storage of your personal data, and provide you with the ability to manage and share your data.
While this Agreement is in effect and subject to your compliance with the terms set forth herein, you have the limited right to access and use the MyFlashLock Services by (i) using the Site for the purpose of managing FlashLock hardware products that you own or have been granted authorization to access, or to access a service provided by Videx for your use in connection with FlashLock or other Videx products, and (ii) installing and using the MyFlashLock App on your own smartphone or tablet for the purposes set forth in (i) above.
Certain services or features provided in connection with MyFlashLock Services may be subject to a subscription plan or other limitations, in which case your usage of MyFlashLock Services may be restricted in accordance with the terms of the subscription.
A high-speed Internet connection is required for proper transmission of the data for providing MyFlashLock Services. You are responsible for maintaining the network connection that facilitates your access to the MyFlashLock Services, and for procuring and using a web browser application that supports protocols used by MyFlashLock Services. We are not responsible for notifying you of any upgrades, fixes or enhancements to any such browser application or for the security of any data transmitted across computer networks or telecommunications facilities (including but not limited to the Internet) which are not owned, operated or controlled by Videx. We assume no responsibility for the reliability or performance of any connections as described in this section.
You acknowledge that you have no ownership, rights, title or other interest in the MyFlashLock Services apart from the limited permission to access and use MyFlashLock Services in accordance with the terms of this Agreement. We reserve the right to restrict, suspend, modify, or terminate MyFlashLock Services (or any portion thereof), your account, or your rights to access MyFlashLock Services if we reasonably believe that you have violated this Agreement. In case of such termination, you shall immediately cease use of the MyFlashLock Services. You will take all necessary steps to ensure that any authorized agents, contractors, or third parties who use the MyFlashLock Services on your behalf fully comply with this Agreement. This Agreement shall remain in effect as long as you continue to use the MyFlashLock Services. You can stop using the MyFlashLock Services at any time, without notice. Depending on your subscription plan, early termination fees or other penalties may apply.
Registration and User AccountsCertain features, such as web-based mobile credential management made available through the Site, are only accessible when you are logged in using a password-protected, registered user account. You agree to provide accurate and complete information when registering a user account, and to update your account information as necessary to keep it current. Your user account is not transferrable. If you transfer your mobile device or computer to a new owner, the new owner must register for a separate account to use the MyFlashLock Services. Videx reserves the right to terminate or suspend your account at any time, and with or without notice, if we reasonably believe that you have violated this Agreement. Upon termination, your user account will be removed from the MyFlashLock Services and your limited rights to access and use the MyFlashLock Services will automatically terminate.
You are solely responsible for any and all activity that occurs on your user account, whether or not authorized or conducted by you, and you agree to maintain the confidentiality of your login name and password. You must notify Videx promptly of any unauthorized use of your account or other breach of security concerning your account or login information by contacting us at legal@videx.com. You grant us the right to use any information you provide through your user account or the MyFlashLock Services in connection with the operation of the MyFlashLock Services and agree that we may use your contact information in order to periodically provide you with notices and promotional offers in accordance with the MyFlashLock Privacy Policy.
Electronic Messaging Terms of Use1. Guest Use and Mobile Credentials
The MyFlashLock Services include certain features that facilitate delivery of an access credential and other access control information to a mobile device via electronic messages (e.g. text message or email). Owners of a FlashLock electronic lock, or users so designated by the owner, can use the MyFlashLock Services to deliver electronic access credentials for the lock to any valid email or mobile telephone number. Individuals or entities that have been granted an access credential (hereinafter, “Guests”) can use their smartphone or tablet to access the lock. We strongly encourage you to provide access credentials only to those individuals or entities that you trust with access to your lock. This Agreement applies to all uses of the MyFlashLock Services by your Guests. In no event shall Videx be responsible for the actions of your Guests. Delivery of access credentials via email or text message is provided for your convenience and the convenience of your Guests. You invite Guests to access your FlashLock devices at your own risk.
2. Consent to Send Messages to Guests
You are solely responsible for any messages (i) that you cause to be delivered via the MyFlashLock Services, or (ii) that are otherwise delivered on behalf of your user account, including, but not limited to, any fees, penalties, taxes, and other costs incurred by you or your Guests. You agree to obtain from each Guest, in the manner required by your governing jurisdiction, consent to receive messages related to FlashLock prior to delivering any messages from the MyFlashLock Services. You agree not to use or cause the execution of any automated system or software code to access the MyFlashLock Services in any manner, including without limitation any robots, spiders, wanderers, crawlers, or any other electronic utility that sends more requests or messages, whether to or from the MyFlashLock Services, than would be humanly possible by a user employing a standard web browser and a user-operated input/output device. The MyFlashLock Services may include utilities or plug-ins developed by third parties that facilitate the delivery of electronic messages. These utilities or plug-ins may include features that allow the recipient to “opt out” of messages delivered by the MyFlashLock Services. Notwithstanding any such opt-out features, you agree not to use the MyFlashLock Services to send any unsolicited messages or messages to an individual or entity that has informed you of the desire not to receive such messages. You agree to defend, indemnify, and hold Videx, its affiliates, suppliers, distributors (including CyberLock, Inc.), and licensors, and the respective officers, directors, employees and agents, harmless from and against any and all claims, demands, proceedings, suits and actions, including any losses, liabilities, expenses, damages, judgments, penalties, fines, expenses (including, without limitation, attorneys’ fees), and costs, arising from or relating in any way to electronic messages sent by you or your registered user account.
3. Use of Guest Information
You agree to obtain the consent of your Guests before submitting their information via the MyFlashLock Services. We may share information that you provide about your Guests with our vendors solely to provide the MyFlashLock Services and to assist our vendors in providing related products and MyFlashLock Services. You should inform Guests that you, or a user you designate with administrative control over your FlashLock hardware, may see information associated with the Guests and their use and access of the MyFlashLock Services, and that Guest access may be revoked or limited without notice. Immediately upon request by a Guest, you agree to remove from the MyFlashLock Services any information associated with the requesting party.
4. Guest Opt Out
Guests that do not want to use the MyFlashLock Services or do not want their information to be used or shared with Videx and our vendors must decline the invitation and not access the MyFlashLock Services. Guests that receive a FlashLock message via text or email and wish to have their information removed from the MyFlashLock Services should (i) inform the owner of the lock that they wish to be removed from the system, and if available (ii) opt-out from receiving future messages by following the instructions included with the FlashLock message. Guests that are unable to contact the owner may contact Videx to request that their information be removed from the MyFlashLock Services by emailing legal@videx.com and including the full text of the FlashLock message they received.
Intellectual PropertyAll rights, title, and interest including, but not limited to, intellectual property interests, in and to the MyFlashLock Services are the exclusive property of Videx, and nothing in this Agreement shall be deemed a transfer of title or ownership in any respect. The content made available via the MyFlashLock Services including, but not limited to text, data, graphics, images, video, audio, logos, trade names, and other material (collectively “Content”) is owned by or licensed to Videx. The Content is protected by copyright and other laws in United States and elsewhere. Use of the MyFlashLock Services does not grant you any ownership interest or rights in the Content. Except as expressly provided by this Agreement or pursuant to a separate written agreement with Videx, you may not use, distribute, modify, or make derivative works of the MyFlashLock Services or any Content. You hereby grant a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, transferable license to Videx of all trademark, copyright, or other proprietary rights in and to any such Content that you contribute to the MyFlashLock Services, for use by Videx and its vendors and for publication on the MyFlashLock Services pursuant to this Agreement. The MyFlashLock Services may contain or include links to open source software which may be covered by a different license. All open source software is subject to the terms and conditions under which it is distributed, and you agree to comply with such terms.
User Feedback and Unsolicited Idea or Invention SubmissionsWe sincerely value your honest feedback based on your experiences using the MyFlashLock Services. Please be advised that by submitting feedback, you are freely authorizing us to use any or all of your feedback to improve or extend the MyFlashLock Services. We employ an innovative team of product design and user experience specialists who are constantly researching new ideas, features, technologies, and other techniques for improving the MyFlashLock Services. Moreover, all of our hardware and software are designed, manufactured, and tested by a respected engineering company with 40 years of experience. It is very likely that your idea may have already been explored, and may have been implemented in the past, by our company and/or others in the field. Accordingly, any product information or feedback sent to Videx, its employees, or our business partners will be considered public knowledge, free for use and dissemination by Videx without restriction. You acknowledge and agree that Videx will not treat as confidential your ideas, proposals, designs, products, user interface elements, sketches, or any other information that you may submit or disclose to Videx via the Site, the MyFlashLock Services, or other forms of communication, even if your submission is marked or otherwise identified as confidential. Notwithstanding the foregoing, this section shall not modify, revoke, or otherwise affect the operation or enforceability of any valid non-disclosure agreement or confidentiality agreement to which Videx or its partners are a party.
Updates to the MyFlashLock ServicesWe may update the MyFlashLock Services from time to time, with or without notice. Unless otherwise stated, updates are subject to this Agreement. Your continued use of the MyFlashLock Services indicates your consent to these updates and any additional terms that may be provided with the updates. We may also ask you to install updates, extensions, or security features yourself, and you agree to do so promptly. Failure to install updates or security features may expose you to security risks and/or influence the functionality of the MyFlashLock Services.
Restrictions on UseThe MyFlashLock Services are designed to be used solely in connection with certain Videx hardware incorporating FlashLock technology. You shall not modify any portion of the MyFlashLock Services in an attempt to use the MyFlashLock Services in connection with any third-party electronic locks or other hardware. Use of the MyFlashLock Services to control or monitor any third-party items is strictly prohibited. You, or anyone under your supervision or direction, shall not reverse engineer, disassemble, decompile, modify, prepare derivatives of, or attempt to derive the source code of any portion of the MyFlashLock Services. You agree not to use or access the MyFlashLock Services from any mobile device running an operating system that has been jail broken, rooted, or otherwise modified to allow execution of unverified mobile applications. Videx is not liable for any loss of functionality resulting from your use of a jail-broken device and you agree to indemnify Videx and CyberLock from and against any claims or legal proceedings arising from your use of such devices.
Except as expressly permitted by this Agreement, you agree not to use the MyFlashLock Services to: (i) engage in, assist, encourage, or promote any unlawful or criminal activity, including without limitation, trespassing, threatening, unauthorized entry, burglary, harassment, or stalking; (ii) solicit personally identifying information for any commercial or unlawful purpose; (iii) collect personally identifying information from a Guest or another user without their express permission; (iv) post, upload, submit or transmit any information that infringes a third party’s proprietary rights, or that is false, misleading, defamatory, obscene, pornographic, vulgar, violent, threatening, or promotes illegal or harmful activities; (v) delete or modify any copyright notices or trademarks included in the MyFlashLock Services; (vi) conduct activity or execute software code that we deem harmful to the reliability, speed, or operation of the MyFlashLock Services, including without limitation sending a virus, overloading, spamming, or otherwise attempting to disable or overwhelm any portion of the MyFlashLock Services or underlying hardware through a denial-of-service attack or other methods; (vii) attempt to probe, scan, or test the vulnerability of the MyFlashLock Services; (viii) remove, circumvent, disable, bypass, or damage any security measure employed by Videx or our vendors to protect the security and integrity of the MyFlashLock Services; (ix) send any unsolicited or unlawful messages, including without limitation, spam, emails, promotional materials, and other forms of solicitation; (x) violate any applicable laws or regulations.
Limitations of the MyFlashLock Services and Review of ContentAlthough the MyFlashLock Services may be accessible worldwide, Videx does not guarantee that all features, products, Content, or functionality are available to all persons in all geographic locations. We reserve the right to deny or restrict access to the MyFlashLock Services with respect to any person or geographic location in our sole discretion. Videx will use commercially reasonable efforts to make the MyFlashLock Services available 24 hours a day, 7 days a week, except (i) during planned downtime for upgrades and maintenance (in which case we will use commercially reasonable efforts to notify you in advance via the Site and/or your account); and (ii) for any unavailability caused by circumstances beyond Videx’s reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem, Internet service provider failure or delay, third party services or hardware, or acts undertaken by third parties, including without limitation, denial of service attack (“Force Majeure Event”). We do not guarantee that the MyFlashLock Services, including any particular features, Content, or other portions will be available for any particular duration and reserve the right to remove features and Content at any time, for any or no reason. The MyFlashLock Services include FlashLock hardware products (e.g. electronic locks) that rely on proper installation and maintenance. You assume all risk associated with the suitability and compatibility with third-party components and/or door hardware. As third-party devices are beyond Videx’s control, we do not guarantee that any particular feature of the MyFlashLock Services will work with your mobile device or computer. Many of the features provided by the MyFlashLock Services rely on third-party communication networks (e.g. mobile phone and Wi-Fi networks) and internet services, which are beyond the control of Videx and may cause interrupted or sporadic availability of the MyFlashLock Services. Videx is not responsible for the reliability or availability of any third-party products, networks, or services. You are responsible for all charges and fees associated with your account activity or other access to the MyFlashLock Services, and for compliance with all applicable terms of use and other policies of your service providers (e.g. internet service providers and mobile device carriers).
The MyFlashLock Services are provided for your convenience and should not be used in applications where the highest levels of safety and reliability are required, such as where failure of the MyFlashLock Services could result in bodily harm, loss of life, or enormous damage or loss. The MyFlashLock Services are not designed to be used as an emergency notification system, an alarm or intrusion detection system, or to alert or summon authorities or emergency responders.
You are solely responsible for all Content that you upload, post, transmit, or otherwise disseminate via the MyFlashLock Services, such as customizable labels or tags associated with FlashLock locking devices, electronic messages, or photos of yourself or your locking devices. Videx is not obligated to monitor the MyFlashLock Services or review Content to ensure accuracy, however we reserve the right to do so for purposes of providing the MyFlashLock Services and to ensure compliance with this Agreement and applicable laws and regulations. We reserve the right to remove any Content or features from the MyFlashLock Services at any time for any reason (including, without limitation intellectual property claims) or no reason at all. Videx and its vendors will cooperate with law enforcement authorities to prosecute users whose use of the MyFlashLock Services violate applicable law.
Warranty DisclaimersWITH THE EXCEPTION OF THE LIMITED WARRANTY APPLICABLE TO FLASHLOCK HARDWARE PRODUCTS SET FORTH ABOVE, THE MYFLASHLOCK SERVICES ARE PROVIDED SOLELY FOR YOUR CONVENIENCE, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING IN ANY WAY, VIDEX EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. VIDEX, TOGETHER WITH ITS VENDORS AND LICENSORS, DO NOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE MYFLASHLOCK SERVICES. VIDEX DOES NOT REPRESENT OR WARRANT THAT THE MYFLASHLOCK SERVICES ARE ACCURATE, COMPLETE, RELIABLE, OR TRUTHFUL. VIDEX DOES NOT WARRANT THAT THE MYFLASHLOCK SERVICES OR ASSOCIATED CONTENT WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, ERROR-FREE, OR VIRUS-FREE BASIS, OR THAT DEFECTS WILL BE CORRECTED. VIDEX DOES NOT WARRANT THAT THE MYFLASHLOCK SERVICES WILL BE COMPATIBLE WITH YOUR OR YOUR GUEST’S COMPUTER, MOBILE DEVICE, OR WEB BROWSER APPLICATION.
Limitations on LiabilityYOU EXPRESSLY UNDERSTAND AND AGREE THAT VIDEX SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE MYFLASHLOCK SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO YOUR PROPERTY, INABILITY TO ACCESS YOUR PROPERTY, OR GUEST ACCESS TO YOUR PROPERTY, EVEN IF VIDEX HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. VIDEX EXPRESSLY DISCLAIMS ALL LIABILITY CAUSED BY OR ARISING FROM USE OF THE MYFLASHLOCK SERVICES IN APPLICATIONS WHERE FAILURE COULD RESULT IN BODILY HARM OR LOSS OF LIFE. YOU ARE RESPONSIBLE FOR THE ACTIONS OF ANY GUESTS THAT YOU INVITE TO ACCESS YOUR PROPERTY VIA THE MYFLASHLOCK SERVICES AND YOU AGREE THAT VIDEX SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES ARISING FROM THE ACTIONS OF YOUR GUESTS. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE MYFLASHLOCK SERVICES REMAINS WITH YOU AND YOUR SOLE REMEDY AGAINST VIDEX SHALL BE TO DISCONTINUE USE OF THE MYFLASHLOCK SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF VIDEX, UNDER ANY LEGAL THEORY, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR FROM THE ACCESS TO, USE OF, OR INABILITY TO USE THE MYFLASHLOCK SERVICES EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO VIDEX FOR THE USE OF THE MYFLASHLOCK SERVICES OVER THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IndemnificationYou agree to defend, indemnify, and hold Videx, its affiliates, suppliers, distributors (including CyberLock, Inc.), and licensors, and the respective officers, directors, employees and agents, harmless from and against any and all claims, demands, proceedings, suits and actions, including any losses, liabilities, expenses, damages, judgments, penalties, fines, expenses (including, without limitation, attorneys’ fees), and costs, arising from or relating in any way to (i) you and your Guests’ access to and use of the MyFlashLock Services, and (ii) you and your Guests’ violation of this Agreement or any applicable law or regulation. We reserve the right, at your expense, to assume control of any matter or proceeding for which you are required to indemnify Videx, and you agree not to settle any such matter that results in liability or an admission of liability by us without prior written consent of Videx.
SeverabilityIf any provision in this Agreement is held invalid or unenforceable, in whole or in part, that provision shall be enforced to the maximum extent permissible and the remaining provisions of this Agreement shall remain in full force and effect.
MiscellaneousThis Agreement constitutes the entire understanding and agreement between Videx, you, and any person or legal entity on whose behalf you are acting, regarding the MyFlashLock Services. The headings and section titles in this Agreement are for convenience only and have no legal or contractual effect. Our employees and vendors are not authorized to modify, whether through oral or written communication, any portion of this Agreement. Videx reserves the right to modify this Agreement from time to time, without advance notice, effective immediately upon posting to the MyFlashLock Services. Videx will notify you when this Agreement has changed by posting a notice on the Site or by sending you an email message to the email address associated with your account or via any other contact information you have provided. You hereby waive any right to receive specific notice of changes to this Agreement. Your continued use of the MyFlashLock Services shall constitute acceptance to this Agreement as modified. Accordingly, we encourage you to frequently review this Agreement to ensure you understand the terms and conditions applicable to your use of the MyFlashLock Services.
Any cause of action you may have with respect to access to or use of the MyFlashLock Services must be commenced within one (1) year after the claim or cause of action arises. Any failure by Videx to enforce strict performance of any provision in This Agreement shall not constitute a wavier of any provision or right.
Your rights and benefits under This Agreement are not assignable. Videx may assign or transfer its rights and duties under this Agreement without restriction and without notice to you.
Videx may provide notifications to you for marketing or other purposes related to the MyFlashLock Services, as required by law, or for any other purpose reasonably related to Videx’s business activities, via email to the primary email associated with your registered user account, hard copy, or posting of the notice on the MyFlashLock Services. Notices directed to Videx should be sent by certified mail, return receipt requested to: Videx, Inc., Attn: Legal Department, 1105 NE Circle Blvd., Corvallis, OR 97330.
This Agreement is made under, and shall be governed and construed in accordance with the laws of the state of Oregon, excluding its choice-of-law provisions. All adversarial proceedings between the parties to this Agreement, whether arising out of or relating to your access to or use of the MyFlashLock Services, this Agreement, or the MyFlashLock Privacy Policy, shall likewise be governed by the laws of the state of Oregon, excluding its choice-of-law provisions, and shall be decided exclusively by a court of competent jurisdiction located in Lane County, Oregon. The United Nations Convention on Contracts for the International Sale of Goods shall not be applied in any legal proceedings between the parties, and is hereby excluded. You agree that any such dispute, claim, or legal proceeding shall be filed exclusively in the state or federal courts located in Eugene, Lane County, Oregon, and you hereby irrevocably and unconditionally consent to the exclusive jurisdiction and venue of such courts. This section shall not be construed as preventing Videx from bringing a claim in any court having jurisdiction over you to enjoin infringement of Videx’s trademarks, patents, or other intellectual property rights.
Last Revised: August 21, 2019
This MyFlashLock Privacy Policy (“Privacy Policy”) outlines the obligations of Videx, Inc., a corporation organized under the laws of the state of Oregon, having its principal offices at 1105 N.E. Circle Boulevard, Corvallis, OR 97330 U.S.A. (“Videx”), regarding the collection, use, and disclosure of any information collected from you during your access to and use of the MyFlashLock website (the “Site”, available at www.myflashlock.com), as well as your access to and use of (i) the MyFlashLock Assistant downloadable application (“MyFlashLock App”), (ii) FlashLock branded electronic locks and access control products registered with or used in connection with the Site, and (iii) any FlashLock related services made available to you via the Site, whether offered by Videx or its vendors, such as CyberLock, Inc. (which manages the distribution of CyberLock and FlashLock products manufactured by Videx) (for brevity, the Site and any such product or service enumerated in i-iii above are collectively referred to as the “MyFlashLock Services”). By accepting the MyFlashLock Master Service Agreement, accessing or using the Site for the purpose of accessing or configuring FlashLock hardware, setting up a user account, or using any other services provided in connection with the Site, you consent to our Privacy Policy and to the collection, storage, and use of your information in accordance with the terms of this Privacy Policy. Videx reserves the right to modify this Privacy Policy from time to time, effective upon posting to the Site. Videx will notify you when this Privacy Policy is updated, by emailing the address associated with your MyFlashLock account or by posting a notice on the Site. You hereby agree to waive any right to receive specific notice of changes to this Privacy Policy. Accordingly, we encourage you to review our Privacy Policy frequently. Your continued access to or use of the Site shall constitute acceptance to this Privacy Policy as modified. This Privacy Policy is incorporated into, and is subject to, the MyFlashLock Master Service Agreement.
Voluntary Submissions
We collect information that you voluntarily provide to us or allow us to access. In using MyFlashLock Services, you will likely
provide personal information through our account registration process, FlashLock hardware registration and/or configuration, and in
connection with other features, such as mobile credential services. Information you provide may include, but is not limited to, your
name, email and physical address, telephone number, company or personal website, and any other information you may voluntarily
provide. For details regarding how we use your information, please see “Use of Information” below.
Automatic Collection
When you use the MyFlashLock Services, certain information regarding your device may be collected automatically. For example, information regarding your computer's operating system, browser type and language, date and time you access the Site, and referring website address. Videx may use this information as aggregate data from time-to-time to help us maintain and improve the MyFlashLock Services. Videx does not use this automatically collected information to identify individuals, except (i) to authenticate or verify your account, or (b) in cooperation with law enforcement to investigate and prosecute any violations of our Master Service Agreement or applicable laws and regulations.
Children’s Privacy
We do not knowingly collect or solicit personal information from children under the age of sixteen. To support the protection of
children’s privacy online, use of the FlashLock Services by children under the age of sixteen is prohibited.
Cookies
The MyFlashLock Services use cookies to improve functionality and enhance the security of certain features. Cookies are short,
text-based files saved by your browser when you use or access portions of the MyFlashLock Services, such as the Site. Videx and our
vendors may use cookies to identify that your device has interacted with MyFlashLock Services in order to personalize your experience
and enhance security. Please see the “Use of Information” section for additional information on how we make use of cookies. If you
disable cookies or your web browser does not support cookies, certain features of the MyFlashLock Services may not be available to you.
User Experience
Videx uses non-identifiable information to understand how users interact with the MyFlashLock Services and to improve content and
optimize performance of the Site. This includes any general usage information collected through our use of Google Analytics.
Account Verification and Security
Videx may use automatically collected information for security purposes, for example to authenticate your account or verify access
permissions. This automatically collected authentication information may include IP addresses, electronic device identifiers, account
identifiers, and for location-based features, location data provided by your device. Location data is only collected in connection
with location-based features and only if you first provide your express consent to the collection of such data.
Account Management and Customer Service
Videx may use personally identifiable information that you voluntarily provide for internal purposes such as managing and
administering your account, responding to customer support requests, marketing, customer administration, delivery of products and
services, administration of the MyFlashLock Services, and to otherwise communicate with you in response to your inquiries or concerns.
Videx does not share this information with third parties except as indicated in the “Sharing of Information” section below.
Cookies
Cookies, as described above in the “Collection of Information” section, are used by the MyFlashLock Services to improve functionality
and enhance security. Specifically, cookies are used in the following ways:
Legal
Videx uses information we collect from you in order to comply with legal obligations, to enforce pr verify compliance with our legal
agreements, and to deter or prevent fraudulent or unauthorized activity involving the MyFlashLock Services.
Duration of Use
Subject to the removal process provided in the “Information Choices” section below, Videx retains your information as follows:
Videx does not share your personally identifiable information with third parties except as follows:
As part of the MyFlashLock Services, you are provided with the ability to grant others permission to access FlashLock locks and other hardware that you own or administer. Individuals or entities that have been granted an access credential (hereinafter, “Guests”) can use their smartphone or tablet to access the lock. We strongly encourage you to provide access credentials only to those individuals or entities that you trust with access to your lock. In no event shall Videx or its vendors or distribution partners be responsible for the actions of your Guests. Delivery of access credentials via email or text message is provided for your convenience and the convenience of your Guests.
You invite Guests to access your FlashLock devices at your own risk.
As part of the mobile credential features that facilitate Guest access within the MyFlashLock Services, portions of your information may be shared with your Guests, such as your name, telephone number, and lock location or address. The sharing of this information is necessary for these features to function as designed. If you do not wish to share this information with your Guests, do not use the Guest access features. Videx may collect personal information from your Guests, in accordance with this Privacy Policy, in order to provide the MyFlashLock Services. All Guests must be informed and expressly consent to the collection and use of their information in connection with the MyFlashLock Services. You are solely responsible for obtaining the consent of your Guests before you provide their information (e.g. telephone number) in connection with the mobile credential features. Guests that do not consent to the use of their information in accordance with this Privacy Policy must cease all use of the MyFlashLock Services. You should inform Guests that you, or a user you designate with administrative control over your FlashLock hardware, may see information associated with the Guests and their use and access of the MyFlashLock Services, and that Guest access may be revoked or limited without notice. Immediately upon request by a Guest, you agree to remove from the MyFlashLock Services any information associated with the requesting party, including their name, telephone number, and/or email address.
The MyFlashLock Services may include links and interfaces to third-party websites, products, services, and web applications or utilities. Any links and interfaces are provided solely as a convenience to you and for the purpose of facilitating your use of the MyFlashLock Services. These third-party resources may be accompanied by additional terms and conditions in which case your usage will also be governed by those terms and conditions in addition to the Master Service Agreement and this Privacy Policy. While Videx makes reasonable efforts to verify that such services function as designed in connection with MyFlashLock Services, Videx makes no representation or warranty about the security, safety, or reliability of any third-party resources made available.
Videx undertakes all reasonable measures to protect your personal identification, both online and offline, in an effort to safeguard against loss or misuse, unauthorized access, unauthorized disclosure, alteration, and destruction. Please note that electronic communication, particularly email, is not unconditionally secure against unlawful interception. Please do not send sensitive data to Videx by email or web form (e.g. Social Security Numbers, credit card numbers, or bank account information).
Our online operations are conducted, in whole or in part, in the United States. Regardless of your residence or current location, you hereby consent to have the personal information you provide transferred, processed, and stored in the United States, and you further consent to the collection and use of your personal information in accordance with this Privacy Policy.
Your access to use of the MyFlashLock Services, and any services or products that we may provide in connection with such use, is subject to this Privacy Policy, our Master Service Agreement, and any applicable laws and regulations. If you do not agree to any of the terms set forth in these documents, you must immediately cease all use of the MyFlashLock Services.
You may use the contact information provided below to send requests to change your personal information (e.g. change of address) or to completely remove your personal information from our records. You may also use this contact information to send any questions or concerns regarding this Privacy Policy, our Master Service Agreement, or the MyFlashLock website.
Attn: Legal Department