Terms of Use

These Terms of Use (the "Terms" or "Terms of Use") set forth the terms and conditions that apply to your access and use of the websites, software applications and other online services (collectively, the "Services") provided by Locker 2.0, Inc. ("Locker"). The Services include, without limitation, the Locker extension for web browsers (the "Extension") and the website located at www.wantlocker.com (the "Site").

By using (and in return for us providing) the Services, you agree to be bound by these Terms of Use, whether you are a "Visitor" (which means that you simply browse the Site or use the Extension without registering) or you are a "Member" (which means that you have registered to create an account with Locker). The terms "you" or "User" refers to a Visitor or a Member. The terms "we", "us" and "our" refer to Locker. You may not use the Services and you may not accept these Terms if you are not of a legal age to form a binding contract with Locker. If you accept these Terms, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. If you do not agree to these Terms, please do not use the Services.

THESE TERMS OF USE CONTAIN (1) AN ARBITRATION PROVISION, (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US, AND (3) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICES. BY USING THE SERVICES, YOU AFFIRM THAT YOU AGREE TO THESE PROVISIONS.

1. PRIVACY AND YOUR PERSONAL INFORMATION

All products you purchase from a third party merchant linked from the Site or the Extension are: (a) priced by the applicable third party merchant (including, but not limited to, whether such prices include applicable local, state or federal taxes, and any additional fees, such as shipping and handling; and (b) fulfilled, shipped and otherwise serviced (including but not limited to the processing of payments, returns, refunds and cancellations) by the applicable third party merchant and not by Locker. Locker is not a reseller or distributor of third party merchants displayed within the Services.

For information about Locker's privacy and data protection practices, please read the Privacy Policy found at www.wantlocker.com/PrivacyPolicy. Our Privacy Policy explains how Locker collects, uses and shares you information that you provide to us when you access the Services. By using the Services, you consent to our collection, use and sharing of your information as set forth in the Privacy Policy.

2. THIRD PARTY MERCHANT PURCHASES

You agree that your purchase from a third party merchant linked from the Locker Services is subject to such merchant's own terms and conditions applicable to such purchase, including payment processing terms. You can generally access such merchant's terms on their website. Locker does not process transactions via the Services, and will not ask you for your credit card information. All purchases you make from a third party merchant are made through such merchant's payment processing systems. You acknowledge and agree that Locker is not liable or otherwise responsible for any breaches of credit card or debit card security or privacy by any third party merchants. You further acknowledge and agree that Locker is in no way responsible or liable to you for any products you purchase from a third party merchant linked from the Services, including, but not limited to, for any product liability claim, improper charges, delivery failures, pricing errors or inaccurate product descriptions.

If you are unhappy with your purchase from a third party, if you wish to return your purchased product, if you ordered a product and it has not arrived or if you have a customer service inquiry regarding your purchase, you will need to contact the specific merchant of that product to address such inquiries.

While we attempt to be as accurate as possible with respect to images and descriptions of products in the Services, we do not warrant that such product descriptions or related merchant information or terms shown within the Services are accurate, complete, reliable, current or error-free. The inclusion of any products within the Services at a particular time does not imply or warrant that such products will be available at any other time.

3. USING THE EXTENSION FROM APPLE APP STORE AND GOOGLE PLAY STORE

The following terms and conditions apply to you if you are using the Extension from the Apple App Store or the Google Play Store. To the extent the other terms and conditions of the rest of these Terms of Use conflict with the terms and conditions of this paragraph, the terms and conditions in this paragraph apply, but solely with respect to your use of the Extension from the Apple App Store or Good Play Store:

You acknowledge and agree that these Terms of Use are solely between you and Locker, not Apple or Google, and that Apple and Google have no responsibility for the Extension or content thereof. You acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Extension.

In the event of any failure of the Extension to conform to any applicable warranty, you may notify Apple or Google, as applicable, and they will refund the purchase price you paid to install the Extension, if any, to you.

Your use of the Extension must comply with the applicable Apple App Store or Google Play Store Terms of Use.

To the maximum extent permitted by applicable law, Apple or Google will have no other warranty obligation whatsoever with respect to the Extension, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use.

You and Locker acknowledge that Apple and Google are not responsible for addressing any claims of yours or any third-party relating to the Extension or your possession and/or use of the Extension, including, but not limited to: (a) product liability claims, (b) any claim that the Extension fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.

You and Locker acknowledge that, in the event of any third-party claim that the Extension or your possession and use of the Extension infringes that third-party's intellectual property rights, Locker, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.

You must comply with applicable third-party terms of agreement when using the Extension.

You and Locker acknowledge and agree that Apple and Google, and their subsidiaries, as applicable, are third-party beneficiaries of these Terms of Use as its relates to your license and use of the Extension, and that, upon your acceptance of these Terms of Use, Apple or Google (as applicable) will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.

Locker cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Locker cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any User data, communications or personalization settings.

4. THIRD PARTY LINKS

The Services will provide links to other websites belonging to third party merchants, Locker advertisers and other third parties. Locker does not endorse, warrant or guarantee the products or services available through such links (or any other third party products or services advertised, presented on or linked from any portion of our Services), whether or not sponsored. Locker is not an agent, distributor, reseller, broker or otherwise responsible for such third parties or the activities or policies of those websites or the products or services. available on them. Locker does not promise or guarantee that the product details, prices or other service terms or rates offered by any particular advertiser or other third party via the Services are the best prices, terms or lowest rates available in the market.

When you access third-party websites via the Services, you accept that there are risks in doing so, and that Locker is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

Locker has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third-party that you interact with through the Services. In addition, Locker will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the Services, you release and hold Locker harmless from any and all liability arising from your use of any third-party website or service.

If there is a dispute between participants on the Services, or between users and any third party (including a merchant from whom you purchase a product linked via the Services), you agree that Locker is under no obligation to become involved. To the maximum extent permitted by applicable law, in the event that you have a dispute with one or more other users, you release Locker, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

5. YOUR REGISTRATION INFORMATION

You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID, allows you to access the Services. Your Login ID and password, together with any other contact information you provide form your "Registration Information."

By providing us with your email address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard modern, commercially available internet browser. We may also use your email address to contact you about our own and third parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data, adjust your user preferences in your account profile and /or click "Unsubscribe" in any e-mail communications we send you.

If you become aware of any unauthorized use of your Registration Information, you agree to notify Locker immediately.

6. YOUR USE OF THE SERVICES

Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Services for lawful, internal, and non- commercial purposes. Subject to your compliance with these Terms of Use, Locker hereby grants to you, a personal, worldwide, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to (i) use the software and content provided to you as part of the Services (for personal, non-commercial purposes; and (ii) download a single copy of our software for such use.

Accurate records enable Locker to provide the Services to you. In order for the Services to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services to you will be affected.

Your access and use of the Services may be interrupted from time to time due to third-party failures outside of our control (such as unavailability of general Internet infrastructure). Access and use may also be interrupted for periodic updating, maintenance or repair of the Services by Locker. While we will make reasonable efforts to make the Services available to you, we do not promise that it will be available at all times.

You agree that Locker may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials (although any use of your personal information will be subject to our Privacy Policy www.wantlocker.com/PrivacyPolicy).

As is further detailed in our privacy policy, Locker collects information about the websites that you visit in order to create a better user experience for you and other Locker users. Examples of this type of information include information about the products your browser visits, including the current product prices and other product details. Please consult our privacy policy for further information. In the future (and always subject to our privacy policy), we may offer personalization options in our products that utilize knowledge about what products you are interested in to present relevant content and product offers. As we explore ways to use data to build more powerful product experiences that we believe will increase your chance of time and money savings we may provide ways to opt out of this data collection, though it may result in degraded product capabilities if such data is required to provide the product experience.

Infringes or violates the intellectual property rights or any other rights of anyone else (including Locker);

Violates any law or regulation or these Terms of Use;

Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

Jeopardizes the security of your Locker account or anyone else's (such as allowing someone else to log in to the Services as you);

Attempts, in any manner, to obtain the password, account, or other security information from any other User;

Violates the security of any computer network, or cracks any passwords or security encryption codes;

Runs Maillist, Listserv, any form of auto-responder or "spam" on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure) or that would bypass the navigational structure or presentation of the Service;

"Crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);

Copies or stores any significant portion of the Site, Extension, or User comments or information;

Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services; or

Circumvents, removes, alters, deactivates, degrades or thwarts any technological measure or content protections of the Services.

If you violate or infringe any of the rules above, we may immediately suspend or terminate your right to use or access the Services.

Electronic Notifications

Locker may from time to time provide automatic notifications and voluntary account-related notifications, as further explained below and subject always to our Privacy Policy (www.wantlocker.com/PrivacyPolicy). Our basic operating point of view is to do everything we possibly can to avoid annoying you so wherever possible we will minimize unnecessary notifications and provide configuration switches to limit unwanted communications.

Automatic notifications may be sent to you following certain changes made online to your Locker account, such as a change in your Registration Information.

Voluntary account notifications may be turned on by default as part of the Services. They may then be customized, deactivated or reactivated by you. These notifications allow you to choose alert messages for your accounts. Locker may add new notifications from time to time, or cease to provide certain notifications at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your notifications service.

Electronic notifications will be sent to the email address you have provided as your primary email address for the Services. If your email address changes, you are responsible for informing us of that change. Changes to your email address will apply to all of your notifications.

Because notifications are not encrypted, we will never include your passcode. However, notifications may include your Locker login information and some information about your accounts. Anyone with access to your email will be able to view the content of these notifications.

At any time you may disable certain notifications, although we may still send you Service-related notices as needed to allow us to provide you the Service.

Rights you Grant to us

By submitting information, data, passwords, usernames, and other log-in information, materials and other content to Locker through the Services, then (except for User Content (as defined below), to which the specific rules below apply) you hereby give Locker permission to use that content solely for the purpose of providing the Services. Locker may use and store the content, but only to provide the Services to you. By submitting this content to Locker, you represent that you are entitled to submit it to Locker for use for this purpose, without any obligation by Locker to pay any fees or other limitations.

Locker's Intellectual Property Rights

The contents of the Services, including its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under copyright, trademark and other laws. The contents of the Service belong or are licensed to Locker or its software or content suppliers. Locker grants you the right to view and use the Services subject to these Terms of Use. Any distribution, reprint or electronic reproduction of any content from the Services other than as expressly permitted in these Terms of Use and without our prior written consent, is prohibited. If you would like to request such permission, shoot us an email at info@wantlocker.com.

Access and Interference

You agree that you will not do stuff to make it harder for other users to enjoy the Services.

Rules for Posting Content

As part of the Services, Locker may allow Members to post content on various publicly available locations in the Services ("User Content"). You agree in posting User Content to follow the following rules:

You are responsible for all User Content you submit to the Services.

By submitting User Content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with the Services and our business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access and use your User Content through the Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Services and under these Terms of Use.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. Locker reserves the right to terminate your use of the Services for violating any of the prohibited uses.

Invite a Friend

As a member of Locker's Invite-a-Friend Program (a "Referrer"), you are subject to Locker's Terms of Service and Privacy Policy, as well as the following additional Terms & Conditions for Locker's Invite-a-Friend Program:

Qualified Referral. A Qualified Referral is defined a person (an "Invited User") who arrives to our website by clicking on the unique Invite-a-Friend program link, creating a Locker account, and starting their first Locker collection. As a Referrer, you are limited to one Qualified Referral for each Invited User; in other words, additional Locker collections made by an Invited User are not counted as additional Qualified Referrals. Referral links shared to or obtained through other sources (for example, posting to third-party websites) will not be honored.

Invited User. The Invited User and the Referrer cannot be the same person (for example, by using a different email address). The Invited User must create an account on www.wantlocker.com and must have started their first collection on www.wantlocker.com before you can earn Referral Credits for that Invited User.

Points and Discounts. For each Qualified Referral, the Referrer will earn 100 Points. Once a Referrer has earned 1000 Points, Referrer will receive a one-time unique promotional discount code("Discount"). Neither Discounts nor Points are redeemable for cash, gift cards or e-gift cards. Neither Discounts nor Points are valid on tax or shipping, and neither can be combined with other offers or promotions. Neither Discounts nor Points are valid on final sale merchandise. Discounts may only be redeemed for purchases made in United States Dollars. Each individual Referrer can only obtain a maximum of 5,000 Points. As a Referrer, you are responsible for any and all tax liability resulting from Discounts. Discounts are subject to WantLocker’s standard Terms of Service.

Eligibility. Eligibility is limited to individuals only. Locker’s Invite-a-Friend Program cannot be used by businesses for affiliate lead generation and posted on discount sites.

Compliance with Law. As a Referrer, you agree to comply with all up-to-date laws, including, but not limited to the CAN SPAM Act. Any distribution of your unique referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Locker’s Invite-a-Friend program.

Right to Close Accounts. Locker reserves the right to close the account(s) of any Referrer and/or Invited User and to request proper payment if the Referrer and/or Invited User attempts to use the Locker Invite-a-Friend program in a questionable manner or breaches any of these Invite-a-Friend Terms and Conditions, the Locker Terms of Service, or is in violation of any law, statute or governmental regulation.

Right to Cancel Program or Change Terms. Locker reserves the right to cancel the Invite-a-Friend Program or to change these Invite-a-Friend Terms and Conditions at any time in its sole discretion. Any unclaimed Points and Discounts will be forfeited at that time.

7. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. LOCKER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICES OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

LOCKER MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SERVICES (INCLUDING USER CONTENT) OR OF THE SERVICES, AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. LOCKER MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT ANY CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU ARE RESPONSIBLE FOR ENSURING THE ACCURACY OF ANY USER CONTENT THAT YOU PROVIDE, AND WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR THE ACCURACY OF SUCH CONTENT.

Notification Disclaimer

You understand and agree that any notifications provided to you through the Services may be delayed or prevented by a variety of factors. Locker does its best to provide notifications in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any notification. You also agree that Locker shall not be liable for any delays, failure to deliver, or misdirected delivery of any notification; for any errors in the content of a notification; or for any actions taken or not taken by you or any third-party in reliance on a notification.

8. LIMITATIONS ON LOCKER'S LIABILITY

LOCKER SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SERVICE, YOUR USE OF THE SERVICE OR THESE TERMS OF USE, OR FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SERVICE, EVEN IF LOCKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, LOCKER'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF LOCKER SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS OF USE AFFECTS STATUTORY RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT.

9. ARBITRATION CLAUSE & CLASS ACTION WAIVER - IMPORTANT - PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND LOCKER (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH LOCKER, INCLUDING, WITHOUT LIMITATION, DISPUTES RELATED TO THESE TERMS OF USE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF CALIFORNIA. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

If you wish to begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to 601 E. Glenoaks Blvd., #200, Glendale, CA 91207.

As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules and if within such court's jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate.

BY AGREEING TO THIS ARBITRATION CLAUSE & CLASS ACTION WAIVER, YOU AND LOCKER ARE GIVING UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM THAT EACH SIDE MAY HAVE AGAINST THE OTHER INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred sixty (160) days of filing the case, then either Locker or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Use must be filed within one (1) year after such claim of action arose or be forever banned.

If you do not want to arbitrate disputes with Locker and you are an individual, you may opt out of this ARBITRATION CLAUSE & CLASS ACTION WAIVER by sending an email to info@wantlocker.com within thirty (30) days of the first date you access or use the Services.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.

10. GOVERNING LAW AND FORUM FOR DISPUTES

These Terms of Use, and your relationship with Locker under these Terms of Use, shall be governed by the laws of the State of Delaware in the United States of America without regard to its conflict or choice of laws provisions. Any dispute with Locker, or its officers, directors, employees, agents or affiliates, arising under or in relation to these Terms of Use shall be resolved exclusively as specified in the ARBITRATION CLAUSE & CLASS ACTION WAIVER clause above, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Locker may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Locker is able to offer the Services at the terms designated, with little or no charge to you, and that your assent to this provision is an indispensable consideration to these Terms of Use.

You also acknowledge and understand that, with respect to any dispute with Locker, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Services or these Terms of Use:

YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and

YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

11. COPYRIGHT DISPUTES AND USER CONTENT

Locker may be asked to remove User-generated material that allegedly violates someone's copyright under the Digital Millennium Copyright Act (the "DMCA"). We respect others' intellectual property rights, and we reserve the right to delete or disable User Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.

12. CONSUMER RIGHTS NOTICES

California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952- 5210.

13. SEVERABILITY

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

14. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Use are effective unless and until terminated by either you or Locker. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use the Services, or when you cease using the Services. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate these Terms of Use at any time without notice and/or accordingly may deny you access to the Services (or any part thereof).

15. ENTIRE AGREEMENT

The failure of Locker to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Locker (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

16. CHANGES TO TERMS OF USE

You can review the most current version of the Terms of Use at any time at this page. Locker reserves the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to the Site. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site, the Extension or the Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

17. CONTACT US

Do you have a question or concern? We’re here to help you in any way that we can. Feel free to e-mail or write us by mail. Giving you an extraordinary experience is first and foremost in everything we do.

To reach us by email:
info@wantlocker.com

To reach us by regular mail:
Attention: Locker Support Team
601 E. Glenoaks Blvd., #200
Glendale, CA 91207