General Description of the Portal Website
The Website allows you to submit an incident report to your employer in a manner that seeks to prevent your employer from ascertaining your identity. LockPath uses commercially reasonable efforts to maintain your anonymity by seeking to avoid collection of IP or MAC addresses and by not utilizing “cookies” or other “bread crumbs” that modern websites typically collect or utilize. However, if you submit intentionally or accidentally submit information that could be used to identify you (for example, if you submit your name or other identifying information in an incident report, or if you post a document that contains metadata containing identifying information), LockPath cannot guarantee your anonymity in the event your employer receives that information or in the event LockPath is subpoenaed or is otherwise required to disclose that information. Therefore, LockPath requests that you be careful regarding the information that you post. Do not use equipment or services provided by your employer (e.g., Internet, email, telephone, PCs, laptops or other equipment or services provided by your employer), as your employer may monitor your use of that equipment or those services and be able to ascertain your identity.
Upon reporting an incident, you will receive a unique confirmation code. This code will be tied to the particular incident report, so please protect that confirmation code and do not disclose it to any third party unless you wish to be identified as the person reporting the incident.
Please note that the Website is not to be used to report emergency situations or imminent threats of bodily harm or property damage. If you believe there is an emergency situation, a threat to your safety or the safety of another person, a threat to your or another’s personal well-being, or a threat to property, you should immediately call 911 or otherwise report the emergency as appropriate and take appropriate actions to protect yourself or others that may be in danger. LOCKPATH WILL HAVE NO RESPONSIBILITY FOR EMERGENCY SITUATIONS REPORTED THROUGH THE WEBSITE.
LockPath’s only obligation to you is to receive and report the information or Content that you post to the Website. LockPath is not responsible for investigating, remediating or taking any other action to address the incident you report other than providing the information that you post to your employer. It is the responsibility of your employer to investigate, remediate or take other appropriate action regarding the incident. Your employer may choose to take action, or it may not; that is the responsibility of your employer and not LockPath.
LockPath Intellectual Property
You acknowledge that the Website may contain or provide access to information, software, photos, video, text, graphics, music, sounds or other material provided by LockPath or third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other intellectual property laws, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. For the avoidance of doubt, references to Content shall include User Content.
The Content posted by you via the Website (“User Content”) is your intellectual property and or that of your licensors, if any. LockPath does not claim any ownership rights in such User Content. By posting User Content via the Website, however, you hereby grant to LockPath a limited, transferable, nonexclusive, worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense and create derivative works and compilations incorporating such User Content for purposes of providing the Website.
In the event that you post any User Content via the Website, you hereby make the following additional representations and warranties to LockPath: (1) you are owner of such User Content or otherwise have the right to grant LockPath the licenses granted pursuant to this Agreement; (2) you have secured any and all consents necessary to post the User Content and to grant the foregoing licenses; (3) the User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party; and (4) all factual information contained in the User Content or Feedback is true and accurate.
LockPath uses reasonable efforts to maintain the Website, but LockPath is not responsible for any defects or failures associated with the Website, any part thereof, any Content posted using the Website, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. The Website may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which LockPath may undertake from time to time, or (c) causes beyond the control of LockPath or which are not foreseeable by LockPath.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE WEBSITE AND ANY CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT ALLOWED BY LAW, LOCKPATH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT.
WITHOUT LIMITATION, LOCKPATH MAKES NO WARRANTY THAT THE WEBSITE OR ANY CONTENT WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION FOUND THEREON WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY CONTENT, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT LOCKPATH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LOCKPATH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE WEBSITE OR ANY CONTENT; (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE OR OTHERWISE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE WEBSITE OR ANY CONTENT. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE WEBSITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL LOCKPATH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE OR ANY AMOUNT RETAINED BY LOCKPATH FOR PROVIDING THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless LockPath, its officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of the Website or any part thereof, (b) any User Content you post via the Website, (c) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under this Agreement, (d) infringement or misappropriation of any intellectual property or other rights of LockPath or third parties by you, (e) any negligence or willful misconduct by you, or (f) any other claim related to your performance under this Agreement.
Term and Termination
Governing Law and Other Miscellaneous Terms
The parties and their respective personnel are and shall be independent contractors, and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
You acknowledge and agree that any expenses that you incur in furtherance of this Agreement are voluntary in nature and are made with the knowledge that this Agreement may be terminated as provided herein. You shall not make a claim against LockPath, and LockPath shall not be liable with respect to the recoupment of any expenditures or investment made by you in anticipation of the continuation of this Agreement beyond the term hereof.
The parties agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to LockPath which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that LockPath has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies LockPath may have for your breach of this Agreement.
If any action at law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting and construing this Agreement.
If the performance of any part of this Agreement by either party (other than payment of money) is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor dispute, act of God, telecommunications failure or any other cause beyond the control of either party, that party shall be excused from such performance to the extent that it is prevented, hindered or delayed by such cause.
This Agreement, including any other agreements or additional terms referenced herein, constitutes the complete and exclusive statement of the Agreement between the parties with respect to the Website and Content offered via the Website, and, unless otherwise expressly provided herein, it supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Website or Content. If any provision of this Agreement is found unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision. As so reformed or modified, the court shall fully enforce this Agreement. The provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.
The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement.
LockPath makes no representation that the Website, Content or other material or information on the Website is appropriate to or available in locations outside of the United States. You may not use the Website or export Content in violation of United States export laws, regulations or restrictions. If you access the Website from outside of the United States, you are responsible for compliance with all applicable laws.
ANONYMOUS INCIDENT PORTAL
LockPath believes that every User should know how it utilizes the information collected from Users. The Website is not directed at children under 13 years of age, and LockPath does not knowingly collect personally identifiable information from children under 13 years of age online. Please note that the Website may contain links to other websites. These linked sites may not be operated or controlled by LockPath. LockPath is not responsible for the privacy practices of these or any other websites, and you access these websites entirely at your own risk. LockPath recommends that you review the privacy practices of any other websites that you choose to visit.
LockPath is based, and this Website is hosted, in the United States of America. Any information provided by you will be transferred to, processed and stored in the United States by LockPath or a service provider acting on its behalf. By providing any information, you hereby specifically and expressly consent to such transfer and processing and the uses and disclosures set forth herein.
The Information LockPath Collects
The purpose of the Website is to allow you to submit an incident report to your employer in a manner that seeks to prevent your employer from ascertaining your identity. LockPath uses commercially reasonable efforts to maintain your anonymity by seeking to avoid collection of IP or MAC addresses and by not utilizing “cookies” or other “bread crumbs” that many other modern websites use.
However, LockPath may collect personally identifiable information from you in the following situations: (i) if you intentionally submit information that can be used to identify you (e.g., you include your name, contact information or other identifying information in your submission); (ii) if you unintentionally submit information that can be used to identify you (e.g., if you post a document that contains metadata containing information that can be used to identify you), or (iii) if you otherwise contact LockPath and disclose your personally identifiable information.
Please note that, while LockPath does not collect this information, in the event you use equipment or services provided by your employer to provide an incident report, your employer may monitor such use and identify you.
How LockPath Uses Information
LockPath uses the information that you submit regarding an incident to report that incident to your employer.
Disclosure of Information
In the event you intentionally or unintentionally disclose personally identifiable information, LockPath may disclose such information to its parent, subsidiary and other related companies, trusted affiliates, independent contractors and business partners who will use the information for the purposes outlined above, as necessary to provide the services offered by LockPath and to provide the Website itself, and for the specific purposes for which the information was collected. If you intentionally or unintentionally disclose personally identifiable information, LockPath may disclose such information at the request of law enforcement or governmental agencies or in response to subpoenas, court orders or other legal process, to establish, protect or exercise LockPath’s legal or other rights or to defend against a legal claim or as otherwise required or allowed by law, or to protect the rights, property or safety of a User or any other person. LockPath may disclose personally identifiable information to investigate or prevent a violation by User of any contractual or other relationship with LockPath or the perpetration of any illegal or harmful activity.
LockPath may also disclose aggregate, anonymous data based on information collected from Users to investors and potential partners. Finally, LockPath may disclose or transfer information collected from Users in connection with or in contemplation of a sale of its assets or business or a merger, consolidation or other reorganization of its business.
Personal Information Provided as Part of User Content
If you intentionally or unintentionally provide personally identifiable information as part of the User Content that you post to the Website, such information may be made available to your employer. LockPath does not edit or otherwise remove such information from User Content before it is provided to your employer. If you do not wish to have such your personally identifiable information made available in this manner, you must remove any such information from the User Content before posting. LockPath is not liable for any damages caused or incurred due to personally identifiable information made available in the foregoing manners.
Security of Information
Information submitted by Users is protected using industry standard security measures. However, no security measures are perfect or impenetrable, and LockPath cannot guarantee that the information submitted to, maintained on or transmitted from its systems will be completely secure. LockPath is not responsible for the circumvention of any privacy settings or security measures relating to the Website by any Users or third parties.
Correcting, Updating, Accessing or Removing Personal Information.
If your information changes, LockPath will endeavor to provide a way to correct, update and/or remove that information via the Website. Additionally, you may request access to any personally identifiable information that you have provided and as collected by LockPath requesting access through the Website.
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