Terms of Use

Welcome to sensolockamerica.com (the Site). The Site is operated by Sens-O-Lock of America, Ltd. (SOLA), a distributor of FR9000 ignition interlock system and the AlcoHAWK PT500 personal breathalyzer. In exchange for access to the Site, users (you) must agree to enter into this contract, called the Terms of Use, with SOLA.

Please read these Terms of Use carefully, because this document is a legal contract, and by using the Site you agree to its terms.

User Conduct

You agree and warrant that you will not use the Site in a manner that is illegal or otherwise inconsistent with these Terms of Use, or that we deem objectionable, including, but not limited to, piracy, copyright infringement, bootlegging, harassment of other users, or violent behavior. We may restrict, suspend, or terminate your access to the Site without notice for any reason, including if we believe that you may have violated any law or these Terms of Use.

You agree that you will only access the Site through the interfaces we provide. You agree not to hack or reverse-engineer the Site, take any action that could have the effect of damaging the Site or its security, or interfere with other users' use of the Site. You also agree not to cause or allow any computerized or mechanical process to access or to collect content from the Site, or to send unsolicited or unlawful e-mail, including promotions and/or advertising of products or services, to or through the Site or with reference to us or the Site. Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who are involved in such violations.

Information Only

The information on the Site is provided for informational purposes only and is not intended or recommended as a substitute for professional advice, including legal advice. We may include on the Site certain information, reference guides and databases intended for use by certain categories of users, including young people, parents, law enforcement, and judicial personel. These tools are not intended to give professional advice, and are provided solely for the convenience of the intended users.

The Site does not provide an exhaustive source of information, materials, resources, research data, or scientific studies. Inclusion of a specific resource or other material is not an endorsement by SOLA of that resource. Nor is exclusion of a resource or other material in any way a disapproval or rejection by SOLA of that resource or the information included therein.

In no event shall SOLA be liable for any direct, indirect, incidental, special, punitive, or consequential damages, or any monetary damages incurred by any individual or entity, arising from access to, failure to use, use of, or misuse of the Site or its contents.

Our Intellectual Property

The Site is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. Except as otherwise specified in these Terms, all individual articles, content and other elements comprising the Site are also copyrighted works. All copyright rights in the Site and these works are owned by SOLA or its third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws, and are provided for your educational and non-commercial purposes only. You must abide by all additional copyright notices or restrictions contained on the Site.

You agree to use the Site only for your own personal and non-commercial use. We do not grant you a license to use the Site for any other purpose. Except for content you have posted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Site without our express written permission. Without limiting the generality of the foregoing, you may not distribute any part of the Site over any network, including a local area network, nor sell or offer it for sale. To request express written permission to copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, distribute or in any way exploit any part of the Site, please contact us.

All rights in the product names, company names, trade names, logos, product packaging, and designs of all SOLA or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to SOLA or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any patent or trademark of SOLA or any third party.

Notice of Copyright Infringement

If you believe in good faith that your copyrighted work has been reproduced on or linked from our site without authorization in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:

identification of the copyrighted work claimed to have been infringed;

identification of the allegedly infringing material on the Site that is requested to be removed;

your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you when necessary;

a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;

a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and,

an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.

Contact us for claims of copyright infringement on the Site.

We will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or any statement in conformance with 17 U.S.C. ?? 512(c)(3)), and will terminate the Site privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.

Links

The Site may, as a convenience to users, provide links to third-party content and other web sites, through links made available by SOLA, our users, or third parties. We do not endorse, sponsor, endorse, or accept any responsibility for such material. SOLA is not responsible for the content or privacy practices of any linked sites.

Limitation of Liability

You understand that the Site is solely an informational and distribution of products service, and you agree that we will not be responsible for any damages that you claim result, directly or indirectly, from use of the Site, for any reason, including costs incurred while using the Site, the inaccessibility of the Site, or the costs associated with any claims you bring or try to bring against us.

IN NO EVENT WILL SOLDA OR ITS FUNDERS OR AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SITE, YOU RELEASE SOLA FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.

These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law.

Indemnity

YOU AGREE TO INDEMNIFY SOLA AND OUR OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, FUNDERS, AFFILIATES, PARTNERS, AND LICENSORS (THE SOLA PARTIES) AGAINST, AND HOLD THE SOLA PARTIES HARMLESS FROM, LIABILITY, LOSSES, COSTS, AND EXPENSES (INCLUDING ATTORNEY FEES) INCURRED AS A RESULT OF YOUR USE OF THE SITE OR CLAIMS MADE IN CONNECTION WITH SUCH USE.

For example, and without limitation, if you use the Site to do something illegal, you agree not to sue us if another party takes action against you for it, and if you do sue us you would have to pay our costs and attorney fees in defending that action. Also, if any other party takes action against you or if your property is damaged in connection with your legal use of the Site, even if that use is permitted by these Terms of Use, you agree not to sue us. If you try to sue us even though you have agreed not to do so, you would be responsible for our costs and legal fees in connection with our defense of that suit.

Disclaimer of Warranties

THIS SITE IS PROVIDED AS IS. SOLA MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SITE, LINKED SITES, USER SUBMISSIONS, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. SOLA DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SOLA DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SITE OR OTHERWISE BY SOLA, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY SOLA OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

SOLA MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND SOLA DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.

Termination

This agreement may be terminated by SOLA for any reason at any time. Otherwise applicable sections of this agreement shall survive such termination.

Governing Law / Entire Agreement

You agree that any dispute between you and SOLA will be governed by the law of New York State, and that any legal action brought by one party against the other will be brought in the courts of New York State.

Unless otherwise specified herein, these Terms constitute the entire agreement between you and SOLA and govern your use of the Site, superseding any prior or contemporaneous communications and proposals in any form between you and SOLA. If any part of this Terms of Use agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall remain in effect.

Privacy Policy

A separate document, the Privacy Policy, explains our handling of personal information we maintain about you while you use the Site. By using the Site, you indicate that you understand and agree to the information collection, use, and disclosure practices described in our Privacy Policy, so you should review it before using the site. Whenever we ask you for personal information in a registration form or elsewhere on the Site, you agree to provide truthful, accurate, current, and complete information, and to update this information anytime it changes. If you have questions about our privacy practices, please contact us.

Changes to Terms

From time to time we may make modifications to this agreement. We may make these changes at any time, and your continued use of the Site constitutes your acknowledgment that you agree to this new agreement. Please periodically review the Terms of Use by clicking the Terms of Use button at the bottom of the web pages on the Site because this agreement is binding on you.

Additional Agreements

From time to time, we might also offer certain services that require an additional agreement. When this is required, we will provide the additional agreement to you when you try to access such a service. By accepting these Terms of Use, you agree to read and understand any additional agreement before accessing the service that it covers, because using that service indicates your acceptance of these Terms of Use and any additional agreement.

No Professional Advice

Any information supplied by any employee or agent of SOLA, whether by telephone, e-mail, letter, facsimile, or other form of communication, is intended solely as general guidance on the use of the Site, and does not constitute legal, tax, medical, accounting, or other professional advice. Individual situations and state laws vary, and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.

No Waiver

You agree that our failure to enforce any provisions of these Terms of Use or respond to a breach by you or other parties does not in any way waive our right to enforce subsequently any terms or conditions of the Terms of Use or to act with respect to similar breaches.

Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and SOLA as a result of these Terms of Use or your access to and use of the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Questions

If you have any questions about the above Terms of Use or if you don't understand them, please contact us before using the Site.