Terms of Use Agreement

Last Published: January 7, 2020  

Welcome, and thank you for being a SentriLock user.

THIS AGREEMENT DESCRIBES THE TERMS AND CONDITIONS PURSUANT TO WHICH SENTRILOCK, LLC, A DELAWARE LIMITED LIABILITY COMPANY (“SENTRILOCK” OR “WE”) WILL ALLOW YOU TO ACCESS AND USE THE SERVICES PROVIDED BY SENTRILOCK THROUGH SENTRILOCK.COM (THE “WEB SITE”) OR OTHERWISE (THE “SERVICES”), SENTRILOCK LOCKBOX PRODUCTS, AND ALL ASSOCIATED SOFTWARE, FIRMWARE, HARDWARE, AND MOBILE AND OTHER APPLICATIONS (ALL OF THE FOREGOING, COLLECTIVELY, THE “SYSTEM”). PLEASE READ THIS AGREEMENT CAREFULLY AS YOU MUST AGREE TO ALL OF ITS TERMS BEFORE USING THE SYSTEM.  BY CLICKING “I ACCEPT”, OR BY OTHERWISE ACCESSING CONTENT PROVIDED BY SENTRILOCK, OR BY USING THE SYSTEM OR ANY COMPONENT THEREOF, YOU ARE AGREEING TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND TO ABIDE BY THE TERMS OF THIS AGREEMENT AS IF YOU HAD SIGNED THIS AGREEMENT, AS MAY BE UPDATED BY SENTRILOCK FROM TIME TO TIME WITHOUT NOTICE TO YOU (THE “TERMS OF USE”). IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS THE WEB SITE NOR USE THE SYSTEM, SERVICES, OR ANY COMPONENT THEREOF. SENTRILOCK RESERVES THE RIGHT AT ITS SOLE DISCRETION TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS OF USE AT ANY TIME WITHOUT NOTICE TO YOU, AND SUCH MODIFICATION SHALL BECOME EFFECTIVE AND BINDING ON YOU UPON POSTING ON THE WEB SITE OR OTHER PUBLIC POSTING. IN CONSIDERATION OF SENTRILOCK GRANTING YOU ACCESS TO THE SYSTEM, YOU HEREBY AGREE AS FOLLOWS:   

SentriLock’s Role.  SentriLock is not a financial or real estate broker, lender, or Association.  We contract with Multiple Listing Services (MLS), Real Estate Associations, and others (the “Client”) to provide access management solutions through a secure and tracked tool which grants access to certain authorized users as approved by the applicable Client. SentriLock operates within our privacy policy.  The Client granting you access to the System is responsible for securing your information and upholding the security of the System when the Association is sharing such data.   

REALTOR® Lockbox, REALTORS® and the REALTOR® Block “R” logo, are trademarks, service marks, membership marks, and/or logos of the NATIONAL ASSOCIATION OF REALTORS®, which are used under license by SentriLock from the NATIONAL ASSOCIATION OF REALTORS®. SentriCard®, the SentriLock stylized “S”, and Sentrilock.com are the intellectual property of SentriLock. All SentriLock copyrights, trademarks, service marks, logos and other intellectual property appearing on the Web Site or otherwise used in connection with the System are the sole property of SentriLock, and no ownership rights in any of the foregoing are granted to you hereunder or through your use of the System. All other trademarks appearing on sentrilock.com are the property of their respective owners.  

  1. Eligibility; Accounts and Registration. You must be at least 18 years of age to use the System. By agreeing to these Terms of Use, you represent, warrant, and covenant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the System or Services; and (c) your registration and your use of the System is and will at all times be in compliance with all applicable laws and regulations and SentriLock’s policies, as the same may be published or modified from time to time. To access some features of the System, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as email address or other contact information. You agree that the information you provide is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password and PIN. You are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all actions taken via your account. You may not share your user account(s) or access information with others. 

2. Use of the Services; Restrictions. 

A. Use of the Services. Your access to the SentriLock System is subject to the terms and conditions of the SentriLock System Agreement (the “System Agreement”) between SentriLock and the Client that granted you access to the System (the “Authorizing Client”).  You represent, warrant, and covenant to SentriLock that you have read and understand the terms of the System Agreement, and that you will comply at all times with the terms of the System Agreement.  Any violation by you of the System Agreement shall be deemed an automatic violation by you of these Terms of Use.  Your access to the System is dependent on the Authorizing Client’s access to the System.  If SentriLock or the Authorizing Client terminate the System Agreement, or if the Authorizing Client otherwise violates any term or condition of the System Agreement, SentriLock shall be entitled to immediately terminate your access to the System without notice to you. All uses of the App, the System, and any other component thereof shall be strictly for your professional use on behalf of the Authorizing Client. If you are a real estate or mortgage professional acting in your professional capacity, in addition to the terms and conditions herein, you agree to use the System, Services, and any information displayed therein or otherwise made available to you strictly in compliance with any ethical guidelines or other licensure requirements applicable to you or the Authorizing Client. If you use the System or Services, you represent and warrant to SentriLock that you have obtained all required authorizations and consents from your clients, customers, Authorizing Client, and any other person of whom you are sharing information. You shall not provide access to, reverse engineer, decompile, modify, or otherwise transfer the System, Services, or any related intellectual property.   

B. Mobile Applications. To use any mobile application feature of the System (each, an “App”), you must have a compatible mobile device. SentriLock does not warrant that any App will be compatible with your mobile device. You may use mobile data in connection with an App and may incur additional charges from your wireless provider for using an App. You agree that you are solely responsible for any applicable charges. SentriLock may update any App and may automatically electronically update the version of any App that you have installed on a mobile device. You consent to all automatic upgrades, and understand that these Terms of Use will apply to all updated versions of an App. Any third-party open source software included in an App is subject to the applicable open source license terms and conditions and may be available directly from the creator under an open source license.  

3. 3rd Party/Linked Services/Sent information.

A. Generally. The System and Services include links to third-party products, services and Web sites, as well as materials provided by third parties, and includes functionality that allows for the distribution of your activity, information, or your personal information (collectively, your “User Information”) to third parties not under SentriLock’s control (each, a “Third-Party Provider”). Third-Party Providers are solely responsible for their services. You are responsible for your use and submission of User Information to any Third-Party Provider or other third-party, and your dealings or business conducted with any such third party arising in connection with the System and Services are solely between you and such third party. Your use of third-party sites, services, or products may be subject to associated third-party terms of use and privacy policies or other agreements, which you are solely responsible for complying with. SentriLock does not endorse, and (to the maximum extent permitted by applicable law, rule, or regulation) shall have no liability for such third-party products, services, Web sites, and materials, or a Third-Party Provider’s or other third party’s use, misuse, or security of your User Information. By using our System and Services, or by otherwise using a tool (provided by SentriLock or any third party) that allows for User Information to be transferred, you agree that SentriLock may transfer your User Information or other information to third-parties, which are not under the control of SentriLock, in accordance with and subject to any applicable law, rule, or regulation.  Third-Party Providers may keep your contact information and any other information received by the Third-Party Provider in processing a request. To the maximum extent permitted by applicable law, rule, or regulation, SentriLock is not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties or SentriLock’s sharing of your information with the same. For clarity, notwithstanding anything contained herein to the contrary, SentriLock may share information concerning your use of and access and data inputs to the System, including Hardware access logs, user names, and other identifying and personal information (collectively, the “Shared Data”), with non-affiliated third parties that provide products or services to you or the Authorizing Client (“Vendors”).  SentriLock may generate and send to the Vendors access codes which will allow third parties to operate and open the Hardware in connection with the Vendor’s products or services.  YOU HEREBY ACKNOWLEDGE THAT SENTRILOCK SHALL BE ENTITLED TO SHARE THE SHARED DATA WITH THIRD PARTIES, AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SENTRILOCK SHALL NOT BE LIABLE TO YOU FOR ANY SUCH SHARING OR ANY USE OR MISUSE OF SUCH DATA OR ACCESS CODES BY SUCH THIRD PARTIES.

B. Additional Terms for Third Party Services. Certain aspects of the System and Services include third-party tools that are subject to additional third-party terms, including, but not limited to, the following:

(i) Windows Live Virtual Earth. Windows Live Virtual Earth imagery is supplied by Microsoft Corporation, and use is subject to the Microsoft MapPoint Terms of Use available at http://www.microsoft.com/maps/assets/docs/terms.aspx.

(ii) Google Maps. Some of the Services implement the Google Maps web mapping service. Your use of Google Maps is subject to Google’s terms of use, available at http://www.google.com/intl/en_us/help/terms_maps.html, and Google’s Privacy Policy, available at https://www.google.com/intl/ALL/policies/privacy/index.html.

(iii) Apple Maps. Some of the Services implement the Apple Maps web mapping service. Your use of Apple Maps is subject to Apple’s terms of use, available at https://www.apple.com/legal/internet-services/terms/site.html

(vi) NAR Payment Tool. Some of the Services implement the NAR payment processing tool for payment of fees. Your use of Payment Tool is subject to terms of use, available at https://www.nar.realtor/privacy-policy

(v) Google Location Services. Some of the Services implement the Google Location Services. Your use of Google Location Services is subject to Google’s terms of use, available athttp://www.google.com/intl/en_us/help/terms_maps.html, and Google’s Privacy Policy, available at https://www.google.com/intl/ALL/policies/privacy/index.html.

(vi) GO Code Location Services. Some of the Services implement the GO Code Location Services. Your use of GO Code Location Services is subject to terms of use, available at https://www.gocodes.com/terms-and-conditions

(vii) Google Analytics. Some of the Services implement the Google Analytics. Your use of Google Analytics is subject to Google’s terms of use, available https://marketingplatform.google.com/about/analytics/terms/us/, and Google’s Privacy Policy, available at https://www.google.com/intl/ALL/policies/privacy/index.html.

4. Intellectual Property. The System and Services are owned or exclusively licensed by SentriLock. The user interfaces, design, information, data, code, products, software, graphics, and all other elements and intellectual property of the System and Services (“SentriLock’s Materials”) are protected by intellectual property and other laws and are exclusively owned or licensed by SentriLock. Except as expressly allowed by these Terms of Use, you may not use, copy, reproduce, modify, or create derivative works of the SentriLock Materials, and SentriLock reserves all rights to the SentriLock Materials.

The SentriLock Materials include, without limitation, all of the issued patents and active trademarks.

5. Feedback. If you choose to provide input and suggestions regarding the System, Services, or any SentriLock Materials (“Feedback”), then you hereby grant and assign to SentriLock all rights, title, and interest in and to the Feedback, and you shall not be entitled to any compensation therefore.  To the extent SentriLock is unable to obtain all rights, title, and interest in and to the Feedback, you hereby grant SentriLock an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free, worldwide right and license to use the Feedback in any manner and for any purpose, including the improvement the System, Services, or SentriLock Materials or the creation of other products and services or derivatives of the System. 

6. Termination/Changes to Agreement. Except as stated in separate product-specific agreements, you may terminate your account at any time by contacting your Authorizing Client. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the System and Services. If you violate any provision of these Terms of Use, your permission from SentriLock to use the System and Services will terminate automatically. In addition, SentriLock may in its sole discretion terminate your account on the System or suspend or terminate your access to the System at any time if you violate the terms hereof, the System Agreement, or any other SentriLock policy. SentriLock may alter, suspend or discontinue the System or Services or any portion thereof without notice. SentriLock will not be liable whatsoever for any change to the System or any suspension or termination of your access to or use of the System. Your continued use of the System after updates to these Terms of Use will represent your agreement to the revised version of these Terms of Use. You are responsible for regularly reviewing these Terms of Use, as they may be updated from time to time. 

7. Privacy Policy. SentriLock will collect, use, store, and disclose personal information in accordance with its Privacy Policy. Please consult the privacy policy for more information, which is incorporated into, and made a part of, these Terms of Use.

8. Indemnification. You agree to indemnify, defend, and hold harmless SentriLock, its affiliates, and their respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the System or Services; (b) your breach of these Terms of Use (as updated from time to time), any other policy published by SentriLock from time to time, or the System Agreement; (c) your violation of any applicable law, rule, or regulation or the rights of a third party; (d) any dispute or issue between you and any third party, including any dispute between you and the Authorizing Client; (e) any data, information, or materials you upload to, or otherwise make available through, the System; (f) your willful misconduct; and (g) any other party’s access to and/or use of the System or Services using your account and password. SentriLock reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to pay for and cooperate with SentriLock’s defense of that claim.

9. Limitation of Liability/Exclusive Remedy/Disclaimer of Warranties. 

  1. IN NO EVENT WILL SENTRILOCK BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER LOSS) ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE SYSTEM (OR ANY COMPONENT THEREOF) AND SERVICES OR ANY MATERIALS ON THE SERVICES OR SYSTEM, WHETHER BASED ON (i) BREACH OF CONTRACT, (ii) BREACH OF WARRANTY, (iii) NEGLIGENCE, OR (iv) ANY OTHER CAUSE OF ACTION, EVEN IF SENTRILOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 
  1. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SENTRILOCK SHALL NOT BE LIABLE OR RESPONSIBLE TO YOU FOR (i) ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS DISPLAYED ON THE SYSTEM OR OTHERWISE PROVIDED OR PUBLISHED BY SENTRILOCK; (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR OR ANY OTHER PARTY’S ACCESS TO OR USE OF THE SYSTEM AND SERVICES; (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR SYSTEM ACCOUNT, OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SYSTEM OR SERVICES; (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SYSTEM OR SERVICES; (vi) ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SYSTEM OR SERVICES; (vii) USER MATERIALS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; OR (viii) ANY CLAIMS RELATED TO SENTRILOCK PROVIDING THE “SHARED DATA” TO “VENDORS”, THE USE OR MISUSE OF THE SHARED DATA BY SUCH VENDORS, OR THE USE OF AN ACCESS CODE BY YOU, THE VENDOR, OR ANY OTHER THIRD PARTY. YOU UNDERSTAND AND AGREE THAT THE SYSTEM AND RELATED SERVICES CANNOT GUARANTEE UNAUTHORIZED ENTRY INTO A LOCATION. IN NO WAY SHALL SENTRILOCK BE LIABLE FOR ANY DAMAGES OR CLAIMS OF ANY KIND RELATED TO THE FAILURE OF THE SYSTEM (OR ANY COMPONENT THEREOF) TO SECURE ANY LOCATION OR PROTECT YOU OR ANY OTHER PERSON, INCLUDING WITHOUT LIMITATION, THEFT, PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH.  
  1. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING LIMITATIONS, THE MAXIMUM AGGREGATE LIABILITY OF SENTRILOCK TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING IN ANY WAY TO THE SYSTEM OR SERVICES, INCLUDING WITHOUT LIMITATION, THE USE OF OR INABILITY TO USE ANY PORTION OF THE SYSTEM OR SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $200.  SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN WHICH CASE YOU AGREE THAT IT IS THE INTENT OF YOU AND SENTRILOCK TO LIMIT SENTRILOCK’S LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS OF USE. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT OF THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE. 
  1. SENTRILOCK MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SYSTEM, THE SERVICES, THE SENTRILOCK MATERIALS, OR ANY COMPONENT THEREOF. ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FORM COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY EXCLUDED.  IN NO EVENT MAY ANY EMPLOYEE, AUTHORIZED DISTRIBUTOR, OR REPRESENTATIVE MODIFY OR EXTEND THE PROVISIONS OF THIS SECTION IN ORAL OR WRITTEN FORM.  

10. Choice of Law; Disputes. These Terms of Use are governed by the laws of the State of Ohio, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction and venue in the state and federal courts sitting in West Chester, Ohio for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms of Use. SentriLock operates the System and Services from its offices in Ohio, and makes no representation that the System or Services are appropriate or available for use in other locations.

11. Consent to Communications. By using the System or Services, you consent to receiving certain electronic communications from SentriLock. You agree that any notices, agreements, disclosures, or other communications that SentriLock sends to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

The System and services may provide web forms, links, or contact information, including phone numbers, that can connect you with SentriLock. Communications through these methods may be routed through a third-party service (“Communications Service”). Calls are recorded and may be monitored for quality assurance and customer service purposes. You will be notified at the beginning of a call if it may be recorded or monitored. You consent to such recording and monitoring by SentriLock. You consent to these practices by SentriLock and the Communications Service. The information provided by you through such Communication Service is subject to SentriLock’s Privacy Policy. 

Email Management. You may receive emails from SentriLock for a variety of reasons – for example, if you took an action through the System or services, you signed up for a regular reports, or you listed a property and the showing agents/buyers agent sent you a message. If you have an account with SentriLock, you can select your preferences through your account settings. Also, you can manage your receipt of some types of communication. Please note that, even if you unsubscribe from certain email correspondences, we may still need to email you with important transactional or administrative information.

12. Contact Information and License Disclosures. The Services are offered by SentriLock are located at 7701 Service Center Drive, West Chester Ohio 45069. You may contact SentriLock by sending correspondence to that address or emailing privacy@sentrilock.com. 

13.  Notice to Apple Users. If you are using our mobile applications on an iOS device, the terms of this Section apply. You acknowledge that these Terms of Use are between you and SentriLock only, not with Apple, and Apple is not responsible for the System or Services or related Materials. Apple has no obligation to furnish any maintenance or support services with respect to the System or Services. If the System or services fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claim by you or any third party relating to the System or Services or your possession or use of the System or Services, including: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.  Apple is not responsible for the investigation, defense, settlement or discharge of any third party claim that the Services or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the System and Services. Apple and Apple’s subsidiaries are third party beneficiaries of this Section, and upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section of these Terms of Use against you. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.