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Terms of Service

The Brutelock.com website (“Website”) is a hosted anti bruteforce/dictionary-attack service (“Service”) operated by Intuitive Reason, Inc. (“Intuitive Reason”). Any use of the Website and Service is subject to the following Brutelock Terms and Conditions of Use (“Terms and Conditions”), as well as to Intuitive Reason’s Privacy Policy, all of which are incorporated by reference into these Terms and Conditions. When you use your Brutelock Subscription Key (“Subscription Key”), download the Brutelock locking agent (“Agent”), or access any part of the Website or use the Service, you agree that you have read, understood, and agree to be bound by the these Terms and Conditions concerning your use of:  (a) the Website and Service; (b) your Subscription Key; and (c) the Agent.

  1. General. To obtain a Subscription Key for personal use or purchase a Subscription Key for commercial use, and to download the Agent to use our Service, you must first register with the Website. After obtaining or purchasing a Subscription Key, you will be able to use the Service. Intuitive Reason may in its sole discretion change, modify, suspend, make improvements to or discontinue any aspect of the Website and Service, temporarily or permanently, at any time and without notice to you. Under no circumstances will Intuitive Reason be liable for any such change, modification, suspension, improvement or discontinuance. If you do not agree with any of these changes, you may terminate your account as set forth in Section 11.

  2. Registration. By registering with Intuitive Reason, you represent and warrant that the information you provide to Intuitive Reason in connection with any registration process is true and accurate, and that you will promptly notify Intuitive Reason if any of that information changes. Intuitive Reason may use the information that you provide during the registration process, in particular your email address: (a) to communicate with you about the Website and Service, including without limitation, any changes to Intuitive Reason’s Privacy Policy or other policies; (b) respond to your emails to us regarding the Service; and (c) for all other purposes stated in Intuitive Reason’s Privacy Policy. Intuitive Reason reserves the right to terminate your access to and use of all of the Intuitive Reason websites if you provide false or inaccurate information.

    If you obtain or purchase a Subscription Key, you are responsible for maintaining the security of your Subscription Key, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your Subscription Key. You must immediately notify Intuitive Reason of any unauthorized uses of your Subscription Key, your account or any other breaches of security. Intuitive Reason will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

  3. Commercial Use Plans, Fees and Payment. If you choose to purchase a Subscription Key from Intuitive Reason, Intuitive Reason will bill you an amount equal to one months fee for Access to the Service, regardless the day during the month you complete the purchase. You agree to pay Intuitive Reason the service fees as indicated in the Payment Schedule presented to you when purchasing a key in accordance with the services chosen, which, unless otherwise arraigned with Intuitive Reason, will be automatically billed on a monthly basis. Intuitive Reason reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Your continued use of the Subscription Key constitutes your acceptance of all of the changed payment and fee terms.

  4. Trademarks. Intuitive Reason, Brutelock, Brutelock.com, the Brutelock.com logo, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of Intuitive Reason or Intuitive Reason’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Intuitive Reason or third-party trademarks.

  5. Changes. The Website, Service, and these Terms and Conditions may be changed at the sole discretion of Intuitive Reason and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions.

  6. Communications with Intuitive Reason. All notices and other communications to Intuitive Reason required under this Agreement should be directed to the Website contact page. Notice shall be deemed given twenty-four (24) hours after notice is sent. Alternatively, we may give notice by mail to the address provided during the registration process. In such case, notice is deemed given three (3) days after the date of mailing.

  7. Limitation of warranties of Intuitive Reason, its suppliers and its licensors. Except as otherwise expressly stated, all content posted to or available from the Website and the Service are provided “as is”, and Intuitive Reason, its supplies and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. Intuitive Reason makes no representations and warranties regarding uptime for the Service and the accuracy of the Service in identifying attackers or potential attackers. You understand and agree that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk, and that Intuitive Reason, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.

  8. Limitation of liability of Intuitive Reason, its suppliers and its licensors. Except as otherwise expressly stated, in no event will Intuitive Reason, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website or Service, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if Intuitive Reason, its suppliers or its licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against Intuitive Reason, its suppliers and its licensors arising out of or related to use of the Website and Service, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to Intuitive Reason during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. You agree that this Section 8 represents a reasonable allocation of risk.

  9. General Representation and Warranty. You represent and warrant that your use of the Website and Service will be in accordance with the Intuitive Reason Privacy Policy, with these Terms and Conditions, with any applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and with any other applicable policy or terms and conditions.

  10. Indemnification. You agree to defend, indemnify and hold harmless Intuitive Reason, its contractors and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Service, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.

  11. Termination. Intuitive Reason may terminate this Agreement, your rights under this Agreement, and your access to and use of the Website and Service in its sole discretion, for any reason or no reason at all, (including but not limited to failure to pay your fees), with or without cause and without notice or liability to you or any third party. Any termination of these Terms and Conditions automatically terminates the license to use the Service and this Website and to use your Subscription Key. You may terminate these Terms and Conditions for any reason upon thirty (30) days prior written notice to Intuitive Reason.

  12. Survival. Upon termination, all rights and obligations created by this Agreement will terminate, except that you will continue to be bound by those terms that would by their nature survive such termination, including without limitation those concerning intellectual property rights, disclaimers of warranties and limitations of liability; representations, warranties and indemnity obligations; and general provisions.

  13. Miscellaneous. These Terms and Conditions constitute the entire agreement between Intuitive Reason and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Intuitive Reason, or by the posting by Intuitive Reason of a revised version. Except to the extent applicable law, if any, provides otherwise, these Terms and Conditions, any access to or use of the Website will be governed by the laws of the state of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Duval County, Florida. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Intuitive Reason may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

January 7, 2009


Copyright © 2009 Intuitive Reason, Inc. All Rights Reserved.