TERMS OF SERVICE
Guardian Group,
Inc.'s ("Guardian") Web Site (the "Web Site")
is offered to you for your use conditioned upon your acceptance without
modification of the terms, conditions, and notices contained herein.
Your use of the Web Site constitutes your agreement to all such terms,
conditions, and notices.
Client agrees
to indemnify, defend and hold harmless Guardian and its officers,
directors; and employees and any subsidiaries of Guardian from and
against any and all damages, claims, liabilities, fines, penalties,
costs and expenses (including, but not limited to, attorneys' fees
and court costs) arising out of Guardian carrying out Client's claim
information on the internet.
SOFTWARE AND CONTENT
AVAILABLE THROUGH THE WEB SITE
All content and
software (if any) that is made available to view and/or download in
connection with the Web Site or systems (collectively "Content")
is owned by and is the copyrighted work of Guardian and/or its suppliers
or affiliates, and is protected by copyright laws and international
treaty provisions. By using the Web Site and/or accessing the Content
or any portion thereof, you hereby acknowledge that the Content provided
to you by or on behalf of Guardian constitutes confidential and/or
proprietary information of Guardian. You agree that you shall hold
all such Content in confidence and trust and shall not, without the
prior written consent of Guardian, disclose or provide all or any
portion of the Content to any other person or entity.
Guardian hereby
grants to you, the user, a revocable personal, non-transferable license
to use the Content for viewing and otherwise using the Web Site and
related services in accordance with these Terms of Use, and for no
other purpose provided that you keep intact all copyright and other
proprietary notices. Any reproduction or redistribution of the Content
is expressly prohibited by law, and may result in severe civil and
criminal penalties. Violators will be prosecuted to the maximum extent
possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION
OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge
that the Content, and any accompanying documentation and/or technical
information, is subject to applicable export control laws and regulations
of the USA. You agree not to export or re-export the Content, directly
or indirectly, to any countries that are subject to USA export restrictions.
PRIVACY AND PROTECTION
OF PERSONAL AND COMPANY INFORMATION
Collection of
Your Personal and Company Information.
Guardian may collect
information that is identifiable to a particular company or individual,
such as e-mail addresses, names, addresses or telephone numbers. Guardian
may also collect anonymous demographic information that is not unique
to any company or individual, such as ZIP codes, ages, genders, preferences
or interests. Guardian does not associate sensitive data, such as
race, religion, or political affiliations, with personally identifiable
information, and generally has no access to or need to know any such
sensitive information.
Guardian encourages
you to review the privacy statements of Web sites you choose to link
to from the Web Site so that you can understand how those Web sites
collect, use and share your information. Guardian is not responsible
for the privacy statements or other content on Web sites outside of
the Guardian family of Web sites.
There is also
information about your computer hardware and software that may be
automatically collected by Guardian. This information can include:
your IP address, browser type, domain names, access times and referring
Web site addresses. This information is used by Guardian, if at all,
for the operation of its Web service, to maintain quality of the service,
and to provide general statistics regarding use of the Web site.
Use of Your Personal
and Company Information.
Guardian may collect
and use your personal and company information to operate the Web Site
and deliver the services you have requested. Guardian may also use
your personally identifiable information to inform you of other products
or services available from Guardian. Guardian may also contact you
via surveys to conduct research about your opinion of current services
or of potential new services that may be offered. Guardian does not
sell, rent or lease its customer lists to third parties.
Guardian will disclose your personal or company information, without
notice, only if required to do so by law or in the good faith belief
that such action is necessary to: (a) conform to the edicts of the
law or comply with legal process served on Guardian or the Web Site;
(b) protect and defend the rights or property of Guardian; or (c)
act under exigent circumstances to protect the personal safety of
users of the Web Site, or members of the general public.
Use of Cookies.
The Web Site may
use "cookies" to help personalize user's online experience.
A cookie is a text file that is placed on your hard disk by a Web
page server. Cookies cannot be used to run programs or deliver viruses
to your computer. Cookies are uniquely assigned to you, and can only
be read by a web server in the domain that issued the cookie to you.
One of the primary
purposes of cookies is to provide a convenience feature to save you
time. The purpose of a cookie is to tell the Web server that you have
returned to a specific page. For example, if you register with Guardian,
a cookie helps Guardian to recall your specific information on subsequent
visits. This simplifies the process of recording your personal or
company information, such as billing addresses, shipping addresses,
case information and so on. When you return to the Web Site, the information
you previously provided can be retrieved, so you can easily use the
features that you customized.
You have the ability
to accept or decline cookies. Most Web browsers automatically accept
cookies, but you can usually modify your browser setting to decline
cookies if you prefer. If you choose to decline cookies, you may not
be able to effectively utilize the Web Site or fully experience the
interactive features of the Web Site.
MODIFICATION OF
THESE TERMS OF USE
Guardian reserves
the right to change the terms, conditions, and notices under which
the Web Site and related services are offered. You are responsible
for regularly reviewing these terms and conditions. Your continued
use of the Web Site constitutes your acknowledgement that you are
aware of, and agree to, all such terms, conditions, and notices.
LINKS TO THIRD
PARTY SITES
The Web Site may
contain links to third party Web sites ("Linked Sites").
The Linked Sites are not under the control of Guardian and Guardian
is not responsible for the contents of any Linked Site, including
without limitation any link contained in a Linked Site, or any changes
or updates to a Linked Site. Guardian is not responsible for web casting
or any other form of transmission received from any Linked Site nor
is Guardian responsible if the Linked Site is not working appropriately.
Guardian is providing these links to you only as a convenience, and
the inclusion of any link does not imply endorsement by Guardian of
the site or any association with its operators. You are responsible
for viewing and abiding by the privacy statements and terms of use
posted at the Linked Sites.
Any dealings with
third parties included within the Web Site and any other terms, conditions,
warranties or representations associated with such dealings, are solely
between you and the third party. Guardian shall not be responsible
or liable for any part of any such dealings.
NO UNLAWFUL OR
PROHIBITED USE
As a condition
of your use of the Web Site, you agree that you will not use the Web
Site for any purpose that is unlawful or prohibited by these terms,
conditions, and notices. You may not use the Web Site in any manner
that could damage, disable, overburden, or impair the Web Site or
interfere with any other party's use and enjoyment of the Web Site
or any other Guardian service. You may not attempt to gain unauthorized
access to any Guardian service, other eGUARDÔ accounts, computer
systems or networks connected to the Web Site through hacking, password
mining or any other means. You may not obtain or attempt to obtain
any materials or information through any means not intentionally made
available through the Web Site.
USE OF SERVICES
The Web Site may
contain e-mail services, and/or other message or communication facilities
designed to enable you to communicate with others (collectively, "Communication
Services"). You agree to use the Communication Services only
to send and receive messages and material that are proper and, when
applicable, related to the particular Communication Service.
By way of example,
and not as a limitation, you agree that when using a Communication
Service, you will not:
· Defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity) of others.
· Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, obscene, indecent or unlawful topic, name, material
or information.
· Upload, or otherwise make available, files that contain images,
photographs, software or other material protected by intellectual
property laws, including, by way of example, and not as limitation,
copyright or trademark laws (or by rights of privacy or publicity)
unless you own or control the rights thereto or have received all
necessary consents to do the same.
· Use any material or information, including images or photographs,
which is made available through the Web Site in any manner that infringes
any copyright, trademark, patent, trade secret, or other proprietary
right of any party.
· Upload files that contain viruses, Trojan horses, worms,
time bombs, cancelbots, corrupted files, or any other similar software
or programs that may damage the operation of another's computer or
property of another.
· Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot be legally
distributed in such manner.
· Falsify or delete any author attributions, legal or other
proper notices or proprietary designations or labels of the origin
or source of software or other material contained in a file that is
uploaded.
· Restrict or inhibit any other user from using and enjoying
the Communication Services.
· Violate any code of conduct or other guidelines, which may
be applicable for any particular Communication Service.
· Harvest or otherwise collect information about others, including
e-mail addresses.
· Violate any applicable laws or regulations.
· Create a false identity for the purpose of misleading others.
Guardian has no obligation to monitor the Communication Services.
However, Guardian reserves the right to review materials posted to
a Communication Service and to remove any materials in its sole discretion.
Guardian reserves the right to terminate your access to any or all
of the Communication Services at any time, without notice, for any
reason whatsoever. Guardian reserves the right at all times to disclose
any information as Guardian deems necessary to satisfy any applicable
law, regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials, in whole
or in part, in Guardian's sole discretion.
Always use caution
when giving out any personally identifiable information about yourself
or your company in any Communication Service. Guardian does not control
or endorse the content, messages or information found in any Communication
Service and, therefore, Guardian specifically disclaims any liability
with regard to the Communication Services and any actions resulting
from your participation in any Communication Service.
Materials uploaded
to a Communication Service may be subject to posted limitations on
usage, reproduction and/or dissemination; you are responsible for
adhering to such limitations if you download the materials.
MATERIALS PROVIDED
TO GUARDIAN OR POSTED AT GUARDIAN GROUP, INC. WEB SITE
Guardian does
not claim ownership of the materials you provide to Guardian (including
feedback and suggestions) or post, upload, input or submit to the
Web Site for review by the general public, or by the members of any
public or private community, (each a "Submission" and collectively
"Submissions"). However, by posting, uploading, inputting,
providing or submitting ("Posting") your Submission, you
are granting Guardian to use your Submission in connection with the
operation of its business (including, without limitation, the Web
Site), including, without limitation, the license rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; and to publish your
name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission,
as provided herein. Guardian is under no obligation to post or use
any Submission you may provide and Guardian may remove any Submission
at any time in its sole discretion.
By Posting a Submission,
you warrant and represent that you own or otherwise control all of
the rights to your Submission as described in these Terms of Use including,
without limitation, all the rights necessary for you to provide, post,
upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION,
CONTENT, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY MADE TO THE WEB SITE AND TO THE INFORMATION
THEREIN. GUARDIAN AND/OR ITS RESPECTIVE SUPPLIERS OR AFFILIATES MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEB SITE AT ANY TIME. GUARDIAN
MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY
OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED WITHIN THE WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. GUARDIAN HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY
AGREE THAT GUARDIAN SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA
SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED
INTO THROUGH THE WEB SITE. YOU SPECIFICALLY AGREE THAT GUARDIAN IS
NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE,
OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY
INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY
RIGHTS. YOU SPECIFICALLY AGREE THAT GUARDIAN IS NOT RESPONSIBLE FOR
ANY CONTENT SENT USING AND/OR INCLUDED IN THE WEB SITE BY ANY THIRD
PARTY.
IN NO EVENT SHALL
GUARDIAN BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE
WEB SITE, WITH THE DELAY OR INABILITY TO USE THE WEB SITE OR RELATED
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE
OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF GUARDIAN OR ANY OF ITS SUPPLIERS OR
AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF
THE WEB SITE OR RELATED SERVICES, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.
GUARDIAN MAKES
NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR-FREE.
TERMINATION/ACCESS
RESTRICTION
Guardian reserves
the right, in its sole discretion, to terminate your access to the
Web Site and the related services or any portion thereof at any time,
without notice.
Guardian shall
have no obligation to maintain any content or to forward any unread
or unsent messages to you or any third party.
GENERAL
This agreement
is governed by the laws of the State of California, U.S.A. You hereby
irrevocably consent to the exclusive jurisdiction and venue of courts
in Los Angeles County, California, U.S.A. in all disputes arising
out of or relating to the use of the Web Site. You agree that no joint
venture, partnership, employment, or agency relationship exists between
you and Guardian as a result of this agreement or use of the Web Site.
You agree to indemnify, defend, protect and hold harmless Guardian,
its shareholders, directors, officers, employees, contractors, agents,
attorneys, successors and assigns, and each of them, from and against
any claim, demand, or damage, including reasonable attorneys' fees,
asserted by any third party due to or arising out of your use of or
conduct on the Web Site. Guardian's performance of this agreement
is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of Guardian's right to comply with
governmental, court and law enforcement requests or requirements relating
to your use of the Web Site or information provided to or gathered
by Guardian with respect to such use. If any part of this agreement
is determined to be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder
of the agreement shall continue in effect. Unless otherwise specified
herein, this agreement constitutes the entire agreement between the
user and Guardian. A printed version of this agreement and of any
notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed
form.
By submitting this information, I agree that I have the authority
to agree to the terms and conditions described above on behalf of
the entity or company with whom I am employed or represent.
COPYRIGHT
AND TRADEMARK NOTICES
All contents of
the Web Site are: Copyright (c) 1999 - 2001 Guardian Group, Inc. All
rights reserved.
Any rights not
expressly granted herein are reserved.
CONTACTS
If you have any
questions regarding the use of this web site, or of any copyrighted
materials pertaining to Guardian Group, Inc., please contact us, either
by e-mail at info@guardiangroup.com
or by telephone at (310) 320-0320.
Guardian Group,
Inc.
2350 West 205th Street
Torrance,
CA 90501-1460
