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IMPORTANT-READ CAREFULLY:
Thank you for ordering GUARDIAN NETWORK. Before using GUARDIAN NETWORK, please read the following information that sets forth the terms and conditions that apply to your use of GUARDIAN NETWORK. YOUR USE OF GUARDIAN NETWORK CONFIRMS YOUR AGREEMENT TO ABIDE BY THESE TERMS AND CONDITIONS. If you are unable or unwilling to abide by these terms and conditions please contact us immediately; if you cancel GUARDIAN NETWORK within 5 days of placing an order for the Service, there will be no charge for GUARDIAN NETWORK.
1. Agreement
These Terms and Conditions (herein referred to as "Terms of Service", "TOS", or "Agreement") constitute a legal agreement between you and GUARDIAN NETWORK ("GN"), for the GUARDIAN NETWORK service (the "Service"), including any related software or materials furnished or made available to you (the "Service"). The “Designated Computer(s)” is the computer on which GN store the databases containing users’ information entered through the use of the Service.
This Agreement details your rights and obligations as a user of the Service and GN's rights and obligations as a provider of the Service. GN may assign this Agreement and its rights and obligations pertaining to the provision of the Service, or parts thereof, to a parent or affiliated company without notice. You must accept these TOS as a condition to using the Service.
Legal Authority
You represent and warrant that you are an adult of at least 18 years of age with all legal authority and power to accept these TOS; and you also confirm that these TOS constitute a valid and binding obligation of yours. You further represent and warrant that you are not, and you are not under the control of: (a) a national or resident of any country to which the United States has embargoed goods; or (b) on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders You expressly consent to do business with GN electronically with respect to Services provided under this Agreement.
Updates
These Terms of Service may be updated or changed from time to time. You can review the most current version of these TOS at any time at: http://guardiannetwork.com. If GN makes a change to these TOS and GN believes that change has a material impact on the Service, you will be provided notice of that change via your registered email address. Your continued use of the Service following such changes constitutes your acceptance of those changes.
Membership and Registration Obligations
When you accept these TOS and complete the registration process for the Service, you become an GN Account holder. You will be provided an account ID and password ("Account Info"). You can login to your account and change your password at anytime and as many times as you like. All information that you provide to GN must be accurate, including your name, address, contact phone and email address ("Registration Data"). You are responsible for keeping such information up-to-date and must provide changes promptly to GN by modifying your member account information at http://guardiannetwork.com.
You agree to keep confidential all Account Info, IP addresses, computer names, and other information necessary to provide the Service, and you are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality. You are also solely and fully responsible and liable for all activities that occur under your Account Info. You agree to immediately notify GN if you suspect any breach of security such as loss, theft, or unauthorized disclosure or use of your Account Info by calling 1- 888-880-6884 and to periodically change your password. You are responsible for all use of the Service and for all fees and charges associated with or incurred for the Service.
2. Description and Use of Service
Service Description
The Service is an Online Asset Locator whereas a member has the ability to store electronic data for the term of their membership (yearly term), and upon the members death or incapacitation, GN will release all of members data to the member’s designated Guardian(s) (as long as the Member's account is paid and up to date). Once you join and login to your member account, your first step is to chose your Guardian(s). We recommend at least 3 but you must have at least 1 Guardian in order to ensure that your account is protected. THIS IS OUR PRIMARY PURPOSE AND THE MAIN REASON YOU WOULD JOIN THE GN WHICH IS TO ENSURE THAT YOUR DATA IS PASSED ON TO YOUR GUARDIANS, SO THEY CAN ENSURE THAT YOUR FAMILY AND/OR HEIRS ARE MADE AWARE OF THE EXISTENCE AND LOCATION OF YOUR ASSETS. This service is provided so long as you continue to subscribe to the Service. There is an additional fee of $9.99 to change each Guardian (which is to cover the cost of mailing your new Guardian their ID card and Guardian instructions).
Use of Service
Subject to these terms and conditions and your payment of the fees for the Service set forth herein, you may use the Service to enter in the location of your assets and your Guardian(s) contact information.
IMPORTANT: GN DOES NOT REQUIRE ANY MEMBER TO ENTER ACCOUNT NUMBERS OR DOLLAR AMOUNTS. GUARDIAN NETWORK HAS SUPPLIED CERTAIN FIELDS (ACCOUNT NUMBERS, SWIFT #, ETC.) THAT YOU CAN FILL IN, ONLY FOR THE SOLE PURPOSE OF MEMBER CONVENIENCE. WE RECOMMEND YOU DO NOT ENTER THIS INFORMATION AND GUARDIAN NETWORK WILL NOT BE RESPONSIBLE IF YOU DO ENTER ANY SPECIFIC ACCOUNT NUMBERS AND ANY TYPE OF DETAILS THAT COULD BE USED, IF YOUR DATA IS RETRIEVED BY ANY UNAUTHORIZED PERSON(S). EVEN THOUGH WE TAKE EVERY PRECAUTION TO ENSURE THAT YOUR DATA IS NOT RETRIEVED BY ANYONE BUT YOURSELF, WE ARE NOT RESPONSIBLE IF YOUR DATA IS STOLEN OR USED BY ANY PERSON OTHER THAN YOURSELF (THE MEMBER)
You receive no title or right of ownership in or to any software or other materials provided to you in connection with the Service. All title, including but not limited to copyrights and patent rights, in and to the Service and any software or other materials related to the Service are owned by GN or its affiliates, licensors, or suppliers. All rights not expressly granted are reserved by GN and its affiliates, licensors, and suppliers.
The Service is offered based on the membership purchased, Individual memberships are for personal, non-business use.
Consent to Backups
You hereby irrevocably consent to the backing up of data on the Designated Computer and grant GN and its affiliates and suppliers the right and license to transmit, store, and process such data in, and for the duration of, the performance of the Service and related activities. Your consent expressly includes such right and license with respect to personally identifiable information included in such data (social security numbers, pictures, videos, etc.). You understand that at GN's sole discretion, all or part of the Service may be provided by a third party subcontracted by GN and you expressly grant GN all rights and sub-licenses necessary in GN's sole discretion to provision the Service.
3. Connection to the Service
Internet Access Charges
To use the Service, the Designated Computer must be on and connected to the Internet you must separately obtain Internet access. GN has no responsibility under this agreement for the Internet used in conjunction with the Service covered by this Agreement.
Equipment & Software
You must provide all equipment, devices, and software necessary to utilize the Service. Due to the infinite number of possible combinations of hardware and software, you are responsible for the compatibility of your system with the Service. Any equipment, devices or software that was not provided to you by GN under this Agreement is not the responsibility of GN, and GN will not provide support and will not be responsible for its ongoing maintenance or management.
Operational Limits; Force Majeure
Provisioning of the Service is subject to the availability and the operational limitations of the requisite equipment and associated facilities. You understand and agree that temporary interruptions of the Service may occur as normal events in the provision of the Service and that GN is not liable for such interruptions. You further understand and agree that GN has no control over non-GN provided equipment and third party networks you may use to access the Service and, therefore, delays and disruptions from such equipment and networks are beyond the control of GN. In addition, none of GN or its subsidiaries, affiliates, co-branders, suppliers, licensors, partners, or other related parties, or their respective officers, agents, representatives, or employees will be responsible or liable for any failure of performance, if such failure is due to any cause beyond their reasonable control or otherwise commonly known as force majeure, including acts of God, fire, explosion, vandalism, nuclear disaster, sun spots, solar flares, terrorism, epidemic, cable cut, storm, or other similar occurrence, any law, order, regulation, direction, action, or request by any government, civil, or military authority, national emergencies, insurrections, riots, wars, labor difficulties, supplier failures, shortages, breaches, or delays, or suspension of existing Service in compliance with the state and/or federal law, rules and regulations, or delays caused by you or your equipment.
4. Fees
Agreement to Pay
You agree to pay all fees and charges for the level of Service specified when you ordered Service, including recurring and nonrecurring charges, usage sensitive fees, taxes, fees and assessments applicable to the Service and as listed on our site. In order to provide you with the Service, GN may pay taxes, fees and surcharges to municipalities and other governmental entities, which GN may pass on to you. Prices are subject to change as needed and determined by GN.
Commencement of Billing
Billing for the Service commences when you place an order for the Service. When billing commences, you will be billed for your first year of service. Recurring charges for each year's Service will then be billed automatically 30 days prior to your yearly expiration date. You can terminate your Service within the first five (5) days of the first year, without charge. If you terminate after your first five (5) days, you will be charged for the full year.
Method of Payment & Credit Card Authorization
Fees for GN can only be paid by a charge card or a credit card. By authorizing GN to charge a credit or charge card, you are authorizing GN or a designated representative or agent to automatically continue charging that card (or any replacement credit card account if the original card is renewed, lost, stolen, or changed for any reason by the credit-issuing entity, and such entity informs GN of such new replacement card account), financial account, or billing account for all fees and charges associated with the Service.
GN reserves the right to stop accepting credit cards from one or more issuers. You hereby authorize GN to charge and/or place a hold on your credit card with respect to any unpaid charges for Services or any related equipment. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these TOS are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize GN and/or any other company who acts as billing agent for GN to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide GN with updated credit card information upon GN's request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither GN nor any GN-affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at GN's option, to the account number provided for such automatic payment or electronic funds transfer plan.
Bundled Product Offering
If you purchased the Service as part of a bundled offering with one or more other GN products and are receiving a discount based upon that bundled offering, your discount may cease and you may be billed the standard monthly rate for the Service if you disconnect one or more of the services in the bundle.
Late Payment Policy
All charges are billed on a yearly basis and not based on usage. If any portion of payment is not received within 15 days after your term begins, your account will be cancelled and all of your account data will be deleted.
Other Charges; Failure to Pay
In the event you fail to pay the charges due, GN is unable to bill you, or GN is unable to bill outstanding sums for the Service to your credit card; GN reserves the right to delete your member data if payment is not made in accordance to this agreement and/or credit card is declined and member does not provide another means of payment in the 15 days from membership commencement date. GN may modify its billing practices or late payment charges by providing you with prior written notice of the modification.
Service Suspension/Termination
The Service may be suspended or terminated if your payment is past due, if you violate the Acceptable Use Policy, or if you provide false or inaccurate information that is required for the provision of the Service or is necessary to allow GN to bill you for Service. Billing will continue for your yearly charges while you have suspended service.
Once your membership is Terminated all data will be deleted and removed from our system and your Guardians will not be able to retrieve your information when the time comes.
Fees & Charges
GN may, upon notice required by applicable laws, at any time change the amount of or basis for determining any fee or charge or institute new fees or charges. These new fees or charges will be implemented at the commencement of the next billing cycle after the change is effective or, in the case of a term Agreement, at the end of the term. All fees and charges are payable in accordance with billing terms in effect at the time the fee or charge becomes payable. If you signed up for the Service for a specified term, GN will automatically charge the applicable yearly rate after the conclusion of your term. Unless otherwise stated, all amounts are in U.S. Dollars.
Bill Inquiries and Refunds
If you believe you have been billed in error for the Service, please notify us within 30 days of the billing date by contacting Customer Service about the error.
5. GN Privacy Policy
Registration Data and certain other information about you is subject to the Privacy Policy of GN. For more information, see http://guardiannetwork/guardian-privacy-policy.asp
6. Prohibitions and Limitations.
Prohibited Uses of Service
You agree that you will NOT use the Service to: a. upload, post, transmit, or otherwise back-up or store any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, transmit, or otherwise back-up or store any Content for which you do not have a right to do such under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned as part of employment relationships or under nondisclosure agreements);
f. upload, post, transmit, or otherwise back-up or store any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party;
g. upload, post, transmit, or otherwise back-up or store any Content that constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; h. upload, post, email, transmit, or otherwise back-up or store any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
j. intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
k. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; or
l. collect or store personal data about other users.
You also are prohibited from doing any of the following:
a. copying or modifying any software or other materials provided with the Service;
b. removing or altering any copyright notices associated with the Service;
c. transferring, sharing, reselling, outsourcing, or distributing all or any portion of the Service to third parties;
d. reverse engineering, decompiling, or disassembling the Service.
Attempts to Break Security
You understand and agree that any attempt to break security or to access an account that does not belong to you will be considered a material breach of these TOS, and such breach may result in suspension or termination of the Service and possibly referral to law enforcement authorities. Unauthorized access to the Service, restricted portions of the Service or the telecommunications or computer facilities used to deliver the Service is a breach of these TOS whether or not such activities are a violation of law. Further, you are required to take adequate security measures to prohibit others from unauthorized access or use of the Service, and you must take prompt remedial measures upon notice of breaches or potential breaches of security and notify GN immediately of any such breach.
7. Interstate Nature of Service
By registering to use the Service, you acknowledge that in using the Service, you will be causing communications to be sent through computer networks of GN and other companies. As a result, even communications that seem to be intrastate in nature can result in the transmission of interstate and or international communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these TOS, you acknowledge that use of the Service results in interstate and/or international data transmissions.
8. Special Admonitions For International Use
This Service may be used internationally, recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States.
9. Ownership of Content; License
You understand that all Content is your sole responsibility, as the person from whom such Content originated. This means that you, and not GN, its affiliates, partners or suppliers, are entirely responsible for all Content that you upload, download, post, transmit, or otherwise back-up or store via the Service. You expressly agree GN does not control the Content via the Service and GN, its affiliates, partners or suppliers do not guarantee the accuracy, integrity, quality, or completeness of such Content.
There is a risk that others may attempt to access your computer through the Internet or connected networks. You acknowledge this risk as inherent to the nature of the Service and you agree to take full responsibility for taking adequate security precautions and safeguarding your data from loss.
Under no circumstances will GN nor its affiliates, partners or suppliers be liable in any way for any Content, including but not limited to any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content uploaded, downloaded, posted, transmitted or otherwise backed-up or stored via the Service.
Preservation and Deletion of Content
You acknowledge that GN will attempt to preserve at least one backup for as long as a user continues to be a paid subscriber to the Service. You also agree GN or its designees have the right (but not the obligation) in GN's sole discretion to refuse or move any Content stored via the Service that violates these TOS or is otherwise objectionable. You acknowledge and agree that GN may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of GN or the public.
Grant of License
GN does not claim ownership of Content you store via the Service. However, with respect to Content you store via the Service, you grant GN a perpetual, irrevocable, and fully sub-licensable license to reproduce, modify, and/or adapt such Content as necessary for GN to perform the duties set forth in this Agreement.
Digital Millennium Copyright Act
GN may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act or other legal requirements, and you expressly authorize GN to comply with any and all lawful notices, subpoenas, court orders, or warrants without prior notice to you.
Proprietary Rights
Nothing contained in these TOS may be construed to convey to you any interest, title, or license in the GN, email address, or any GN-provided information or software used by you in connection with the Service. You also acknowledge and agree that the Service and any software provided to use the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
10. Indemnity
You agree to indemnify and hold GN and its subsidiaries, affiliates, co-branders, suppliers, licensors, partners, and other related parties, and their respective officers, agents, representatives, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise back-up or store through the Service, your use of the Service, your connection to the Service, your violation of these TOS, your violation of the AUP, your violation of statutes, laws, ordinances, orders, regulations, codes or common law, or your violation of any rights of another.
11. Restrictions On Use and Prohibition Of Resale
No Resale
The Service is provided for your personal use only and you agree not to reproduce, duplicate, copy, sell, transfer, trade, resell, or exploit for any commercial purposes the Service, any portion of the Service, use of the Service, or access to the Service, including, but not limited to, reselling capabilities enabled or used by the Service. All aspects of the Service, except that portion provided by third party providers, is copyrighted and property of GN.
Restricted Use
You agree not to permit anyone else to use your GUARDIAN NETWORK account. You agree that the Service is not to be used to host or store data for use by peer-to-peer applications.
12. Term and Termination
Upon any termination or expiration of the Service set forth herein, you must cease using the Service and destroy or return all copies of software and materials provided to you for the Service. Upon termination of the Service, GN shall have no responsibility or obligation to provide you with access to Content or to retain Content under any circumstances.
Termination for Cause
GN may immediately terminate all or a portion of your Service without notice, for conduct that GN reasonably believes is: (a) illegal (including, without limitation, violating copyright and intellectual property laws), fraudulent, harassing, or abusive; (b) a violation of these TOS or any policies or guidelines posted by GN on the Service (including the AUP); or (c) harmful to other users, third parties, the Service, or the business interests of GN. If GN has terminated or suspended a portion but not all of your Service for the foregoing reasons, you will nevertheless be responsible for all charges for the Service through to the date of termination. Use of the Service for illegal, fraudulent, or abusive purposes may be referred to law enforcement authorities without notice to you. Upon termination of your Service by GN for any of the above-mentioned reasons, you will not establish a new GN Account for a period of not less than five years from the date of termination.
If you fail to pay any charge when due or if you provide false or inaccurate information when using the Service or as is necessary to allow GN to bill you for the Service, and such condition continues un-remedied for fifteen days, you will be in default and GN may suspend your Service or terminate the Service without liability.
Termination - Legal Event
In the event a ruling, regulation, order, or official guidance issued by a judicial, legislative, or regulatory body causes GN to believe that these TOS and/or the Service provided hereunder may be in conflict with such rules, regulations, orders, or guidance, GN may suspend or terminate the Service, or terminate these TOS without liability. In the event GN cannot arrange for reasonably comparable Service within a reasonable period of time (not less than 45 days) following such ruling, regulation, order, or guidance; GN may permanently terminate the Service without liability.
Termination - Sub-contractor or Vendor Event
In the event an GN subcontractor or vendor for the material features of the Service stops providing a material input for the Service (or changes any material features thereof) to GN for any reason, GN will have a reasonable opportunity to arrange for alternative subcontractors or vendors to continue the provision of the Service. In the event GN cannot arrange for reasonably comparable Service within a reasonable period of time (not less than 45 days) following such sub-contractor or vendor event, GN may thereafter permanently terminate the Service without liability.
Term and Termination for Convenience.
The Service is provided under this Agreement on a yearly basis. You or GN may discontinue theService at any time upon thirty (30) days prior notice to you. To terminate Service, please login to your account and click on Support and select Cancel Account and submit. We will then send you a verification email to confirm the time at which you cancelled and if you don't reply with in 72 hours of such verification email your account will be cancelled, your Guardians will be notified that you have cancelled your account, and all of your information deleted from our system.
13. Software
End User License Agreement.
If you use the Service by downloading or installing GN software ("Software"), your use of that Software is subject to the End User License Agreement that accompanied the Software and GN or its applicable third party licensors, grants you a personal, non-transferable and non-exclusive right and license to use the object code of the Software on a single computer; provided that you do not (and do not allow any third party to) copy, (other than for backup purposes) modify, create a derivative work of, reverse engineer, reverse compile, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer or attempt to transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by GN for use in accessing the Service.
Software, Equipment Data and Settings
GN is not responsible in any way for any computer programs or devices intended for use in connection with the Software. GN reserves the right to manage equipment used for the Service. Attempts by you or a third party to change, interfere with, or block access to equipment data or settings constitutes a breach of this Agreement.
Notice About Automatic Software Upgrades
GN or applicable third party licensors or suppliers may provide Software upgrades, updates, or supplements (such as, but not limited to, adding or removing features or updating security components). You understand that GN or the applicable third party licensor or supplier has the unrestricted right, but not the obligation, to upgrade, update, or supplement the Software on your equipment at any time.
Export Limits
None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
14. Representations and Warranties.
You represent and warrant that you have all rights necessary to permit GN to back up all data on the Designated Computer (including data owned or provided by others) and provide such data to GN and third parties performing services for GN. You represent and warrant that you have all necessary right, title and interest to bind yourself to these terms and conditions, and perform your obligations under these terms and conditions. You represent and warrant that your use of the Service will comply with these TOS.
15. Disclaimer.
You expressly understand and agree that: a. YOUR USE OF THE SERVICE AND/OR SOFTWARE IS AT YOUR SOLE RISK. THE SERVICE AND/OR SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GN AND ITS SUBSIDIARIES, AFFILIATES, CO-BRANDERS, SUPPLIERS, LICENSORS, PARTNERS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
b. GN AND ITS SUBSIDIARIES, AFFILIATES, CO-BRANDERS, SUPPLIERS, LICENSORS, PARTNERS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES MAKE NO WARRANTY THAT (i) THE SERVICE AND/OR SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE AND/OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE AND/OR SOFTWARE WILL BE 100% ACCURATE OR RELIABLE, OR (iv) ANY ERRORS IN THE SERVICE AND/OR SOFTWARE WILL BE CORRECTED.
c. ANY CONTENT STORAGE THROUGH THE USE OF THE SERVICE AND/OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GN OR THROUGH OR FROM THE SERVICE AND/OR SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS.
e. No bailment or similar obligation is created by these terms and conditions or the provision of the Service. GN and its subsidiaries, affiliates, co-branders, suppliers, licensors, partners, and other related parties, and their respective officers, agents, representatives, and employees shall have no responsibility or obligation to monitor, supervise or oversee the content of data backed up using the Service.
16. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUE, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE AND/OR SOFTWARE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE AND/ OR SOFTWARE; (e) FAILURE TO INSURE THE COMPATIBILITY OF YOUR SYSTEM (I.E., THE EQUIPMENT, DEVICES, AND SOFTWARE THAT YOU PROVIDE TO RECEIVE THE SERVICE) WITH THE SERVICE AND/OR SOFTWARE, OR (f) ANY OTHER MATTER RELATING TO THE SERVICE, SOFTWARE AND/OR THESE TOS.
IN ANY CASE, GN'S AND ITS SUBSIDIARIES', AFFILIATES', CO-BRANDERS', SUPPLIERS', LICENSORS', PARTNERS', AND OTHER RELATED PARTIES', AND THEIR RESPECTIVE OFFICERS', AGENTS', REPRESENTATIVES', AND EMPLOYEES' ENTIRE LIABILITY, IN THE AGGREGATE, UNDER ANY PROVISION(S) OF THESE TERMS AND CONDITIONS, INCLUDING FOR ANY AND ALL LOSSES, DAMAGES, EXPENSES, COSTS, PENALTIES, FINES, AND FEES OR FOR ANY AND ALL CLAIMS RELATING TO THE SERVICE, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICE DURING THE SIX (6) MONTHS PRECEDING THE CLAIM(S).
17. Exclusions and Limitations.
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 OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
18. Notices
Unless otherwise specified in these TOS, notices to you may be made via either email or regular mail. GN may also provide notices of changes to these TOS or other matters by sending email, displaying notices or links to notices to you generally on the Service, or by posting material at: http://guardiannetwork.com. It is your responsibility to check the website and your email for such notices.
Unless otherwise specified in these TOS, notices by users to GN must be given at http://guardiannetwork.com or by contacting us.
19. Notice And Procedure For Making Claims Of Copyright Or Intellectual Property Infringement
As set forth in these TOS, GN may terminate the Service of any user found to have infringed the copyrights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated in some way through use of the Service, please provide our Copyright Agent the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
The Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as by email at the following address:
Contact us via email
By Phone: 1-888-880-6884
20. Miscellaneous.
These TOS and any other policies or guidelines referenced herein contain the entire agreement between GN and you relating to the subject matter contained herein and supersede any and all other agreements, representations or warranties in connection with such subject matter. No waiver of these terms and conditions shall be valid unless in a signed writing, and no waiver of any default under these terms and conditions shall serve to waive any future default. These terms and conditions shall be governed by, and interpreted and construed in accordance with, the laws of the State of Texas, without giving effect to the conflict of law rules of such state. The failure to exercise or enforce any right or provision of these TOS will not constitute a waiver of such right or provision. If any provision of these terms and conditions is held invalid, unenforceable, or illegal for any reason, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these terms and conditions shall remain valid and enforceable. You agree that, except as otherwise expressly provided in these TOS and provided that references herein to GN's suppliers are intended to create third party beneficiary rights in favor of Arsenal Digital Solutions USA, Inc. and its affiliates, there shall be no third party beneficiaries to this agreement. You agree that your GN account is non-transferable. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles and paragraph headings in these TOS are for convenience only and have no legal or contractual effect.
GN brands, logos and product and service names ("GN Marks") are registered or unregistered trademarks or trademarks of GN Knowledge Ventures. Any use of GN Marks is prohibited without prior permission of GN Knowledge Ventures.
Legal Disclaimers
GUARDIAN NETWORK (Service): The Service requires a computer and Internet connection, which is NOT included in yearly service charge for the Service. Prices subject to change and vary according to the type membership you purchase. State and federal taxes and surcharges apply. Service will not function during high-speed Internet and/or electrical power outages, and during maintenance. Compatible computer and operating system required. Credit card and EFT billing only. Service subject to Terms and Conditions Service Agreement, as well as GN Privacy Policy and other policies and terms set for the Service Agreement.
Subsidiaries and affiliates of GN Inc. provide products and services under the GN brand. All other brand names may be trademarks of their respective owners. All rights reserved.
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