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Guardian Help, Inc. Web Site Terms and Conditions (“Terms”)
Please read the following Terms carefully before using GUARDIAN HELP INC.’S (“COMPANY”, “our” or “we”) “Web Site,” “Services,” or “Downloadable Computer Application.” The terms “Website,” “Services,” and “Downloadable Computer Application” are used in their respectively broadest contexts, such that the Web Site includes all content published or originating from the COMPANY via the Internet; the term “Services” encompasses online, remotely delivered, and in-person Services, and the term “Downloadable Computer Application” includes any of the COMPANY’S software applications made available by any means to you, including but not limited to software programs generally referred to as “apps” for mobile computerized devices. By accessing or using the Web Site, the Services, or one of the Company’s Downloadable Computer Applications, you agree to the following Terms. You should review these Terms regularly as they may change at any time at the sole discretion of COMPANY. If you do not agree to any portion of these Terms, you should not access or otherwise use the Web Site, any Services provided by or in conjunction with Guardian Help, Inc., or any Downloadable Computer Application associated with Guardian Help Inc.’s products and services. “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the Web Site.
We will make an effort to update our Web Site with any changes to these Terms and/or to the Services described in these Terms and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appear at the end of these Terms).
Terms related to your account(s) that you have with COMPANY, ITS LICENSEE OR ITS AGENT (“Account”) are set forth in Paragraph 3 herein.
1. CONVENIENCE AND INFORMATION ONLY; ACCEPTANCE OF TERMS. By merely providing access to the “Content” associated with the “Web Site,” “Services,” or “Downloadable Computer Application,” COMPANY does not warrant or represent that: (a) your version of the Web Site Content or the Downloadable Computer Application is accurate, complete, up-to-date or current; (b) that COMPANY has any obligation to update any Content; (c) that the Content is free from technical inaccuracies or typographical errors; (d) that the Content does not infringe on the intellectual property rights of any third party; (e) that the Content is free from changes caused by a third party; (f) your access to the “Web Site,” “Services,” or “Downloadable Computer Application,” will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through, or postings made on, the Web Site is accurate or complete. Your use of the “Web Site,” “Services,” or “Downloadable Computer Application,” are subject to federal law, the law of the state where COMPANY, or its LICENSEE OR AGENT maintains your Account, or, if COMPANY transfers your Account to another location, where COMPANY currently maintains your Account (“Applicable Law”). You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as THE “WEB SITE,” “SERVICES,” or “DOWNLOADABLE COMPUTER APPLICATION,” ARE NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN.
2. SITE USE AND CONTENT. You may view, copy or print pages from the Web Site solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Web Site without the express, prior, written consent of COMPANY. At any time, we may, without further notice, make changes to the Web Site, to these Terms and/or to the services described in these Terms.
3. USER ACCOUNT, PASSWORD, SECURITY AND ELECTRONIC ACCOUNT SERVICES.
(a) DEFINITIONS. The following definitions govern the terms of this Paragraph 3 and as used elsewhere
in these Terms:
• Payment Account means your personal or business checking (e.g., debit card), credit (e.g. credit card) savings, or money market account from which COMPANY bill payments for your Account(s) may be made by you. COMPANY recommends that you confirm with your banking institution any fees that you may be charged for bill payments from your Payment Account before designating a banking account as a Payment Account.
•Payee means COMPANY, or its subsidiary, its agent, or other authorized payment recipient to which you direct a payment.
•Payment Instructions means the information provided by you for a bill payment to be made to Payee (i.e., banking account number, ABA number, payment date, payment amount, and any additional information).
• Payment Due Date means the Business Day as agreed by you upon which your payment will be received by Payee and your Payment Account will be debited.
• Pending Bill Payment means a pending bill payment authorized by you through the Online Service that has not been debited to your Payment Account.
(b) ONLINE ACCOUNT ACCESS. For certain types of features available through the Web Site, including the Online Account Access features (the “Online Service”), we require the use of encryption technologies provided for your protection and/or your use of a user identification name (“UserID”) and password after setting up a user account (“User Account”). The Online Service is available by clicking on the Online Account Access login at www.onguardhelp.com. You may never use another person’s User Account and/or UserID without permission. When your Online Service is linked to one or more Accounts, COMPANY may act on the oral, written, or electronic instructions of any authorized signer regarding your service for those Accounts. It is your responsibility to notify COMPANY if an Authorized User should no longer be given access to an Account through the Online Service.
(c) USER ACCOUNT AND PASSWORD. We use reasonable precautions to protect the privacy of your UserID, password and User Account information by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your UserID, password and User Account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Web Site. You, however, are ultimately responsible for protecting your UserID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You are required to take reasonable precautions to safeguard your UserID and password. You agree to never leave your computer unattended while using the Online Service and to always exit the On-line Service by clicking on “Log Out.” You also agree to immediately notify COMPANY of any unauthorized use of your UserID, password and/or User Account, or any other breach of security by calling the number listed under the contacts section of the website www.onguardhelp.com or by email at email@example.com, or through the online message center (if applicable). You are solely responsible for any activity that occurs with respect to your User Account and UserID. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception or interruption.
(d) RELIANCE BY COMPANY. You authorize COMPANY to rely on your UserID and password to identify you when you use any Online Service provided by the COMPANY, and as signature authorization for any payment made using the Online Service. You acknowledge and agree that you are responsible for all payments you make using such Online Service and for paying any and all late charges or penalties. You also acknowledge and agree that if you permit another person or persons to use the Online Service or give them your UserID and/or password, you are responsible for any payment that person makes to your Account, even if the person exceeds your authorization. You agree that COMPANY may comply with the Payment Instructions entered by any person using your UserID and Password, subject to the terms set forth more fully below in the Unauthorized Payments section of these Terms.
(e) SECURITY. COMPANY is committed to protecting the security and confidentiality of information about you and your Account and User Account. COMPANY uses, and may in the future use, several different security methods to protect your Account and User Account information, including:
•You can only access the Online Service with certain browsers that have high security standards.
•If the Online Service does not recognize your computer, you will be prompted to answer one of your challenge questions to verify your identity.
•The Online Service will automatically log off if prolonged periods of inactivity occur.
•Your session will terminate if you navigate away from the Online Service to another website.
(f) ELECTRONIC COMMUNICATION.
(i) Email and Online Message Center. When you enroll in the Online Service, you must designate a primary email address that will be used for receiving electronic communication. To the extent that COMPANY maintains an online message center now or in the future, such exchange of communications shall be considered an electronic communication and may be utilized by COMPANY for providing you notices pursuant to these Terms, as required by Applicable Law (as permitted) or generally regarding your Account(s) with COMPANY. COMPANY will NEVER send you email requesting confidential information such as Account numbers, usernames, or passwords and you should NEVER respond to any email requesting such information. If you receive such an email purportedly from COMPANY, do not respond to the email and notify COMPANY by calling the number listed under the contacts section of the website and/or by forwarding the email to firstname.lastname@example.org.
(ii) Usage of Electronic Communication. By your enrollment in the Online Service, you agree to receive these Terms and any disclosures or notices required by Applicable Law and all other communications electronically to the email address you designate in your account profile. You also agree that COMPANY may respond to any communication you send to COMPANY with an electronic communication, regardless of whether your original communication with COMPANY was an electronic communication. Any electronic communication COMPANY sends to you will be considered received within two (2) calendar days of the date such communication is sent by computer servers utilized by COMPANY to the email address you designate in your account profile or posted to COMPANY’s online message center (if applicable). To the extent permissible under Applicable Law, any electronic communication you send to COMPANY will not be effective until COMPANY has had a reasonable opportunity to act on the electronic communication. You should not rely on electronic communication if you need to communicate with COMPANY immediately and, in no event, should your sole method of communication with COMPANY regarding any emergency be by electronic communication. COMPANY strongly suggests that you report all matters requiring immediate attention to COMPANY by calling the number listed on the website. COMPANY may require you to provide written confirmation of any verbal or electronic notice of alleged error by COMPANY.
(g) PERMISSIBLE ACTIVITIES. You may perform the following activities with the Online Service:
•Account Inquiry. You may retrieve Account information (such as a balance due) and view up to two (2) months of transactions.
•Alerts. You may set alert messages for certain circumstances, such as when a new statement is available for viewing or when a pending payment has posted to your Account.
•Review Statements. You may view an electronic version of up to two (2) months of Account statements. Online statements should not be substituted for, nor represented as, your official statement.
• Bill Payments. You may make payments to your Account from your Payment Account. Bill Payments may only be made from checking, money market, or savings accounts and must be made in accordance with the terms of these Terms and any other applicable account agreements.
(h) PAYMENTS. You authorize COMPANY, its agent, licensee or authorized Payee to debit your Payment Account and remit funds on your behalf to the Payee. When COMPANY receives a Payment Instruction, you have authorized COMPANY to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Payment Due Date as designated by you. You also authorize COMPANY to credit your Payment Account for payments returned to you by COMPANY.
(i) CANCELLING/MODIFYING PENDING BILL PAYMENTS. The delete/edit function applies to payments initiated through the Online Service that are pending. There is no charge for cancelling or modifying a
Pending Bill Payment. In most circumstances, you may stop a Pending Bill Payment within three (3) business days before the Payment Due Date. Other than as described above, you may not stop
or edit a bill payment.
• where disclosure is necessary for completing payments, or to resolve a problem related to a payment;
• to verify the condition and existence of your Account for a third party, such as a credit bureau or merchant;
• to persons authorized by law in the course of their official duties;
• to a consumer reporting agency as defined by Applicable Law;
• to comply with a government agency or court order, such as a lawful subpoena;
• to COMPANY employees, auditors, service providers, attorneys or collection agents in the course of their duties;
• if you give COMPANY written permission (including by email); or
• to fulfill the terms of the End User Agreement for providing personal monitoring services and for providing full benefits of the Downloadable Software.
(k) INSUFFICIENT FUNDS TO COMPLETE BILL PAYMENT. You must have sufficient available funds in your Payment Account on the Payment Due Date. If your Payment Account has insufficient funds, the Bill Payment will not be completed. Should a Bill Payment fail because of insufficient funds in your Payment Account, an amount equal to COMPANY’s Returned Payment Fee then in effect will be applied to your Account.
(l) COMPANY’S LIABILITY FOR FAILURE TO COMPLETE BILL PAYMENTS. If COMPANY debits your Payment Account incorrectly, COMPANY will be responsible for returning the improperly debited funds to your Payment Account. If COMPANY does not complete a Bill Payment from your Payment Account on time or in the correct amount in accordance with your Payment Instructions, COMPANY will be liable for the actual charges incurred by you, to the extent required by Applicable Law and in any event subject to paragraph 5 herein. However, COMPANY will not be liable in the following situations:
•You did not properly follow the provisions of these Terms, the online instructions for the Online Service, or other instructions for making a payment;
•Through no fault of COMPANY’s, you have insufficient funds in your Payment Account to make a payment;
• Your computer, the software, phone lines, COMPANY’s computer system or the Online Service were not working properly or were temporarily unavailable, and this problem was or reasonably should have been apparent to you when you attempted the payment or you were advised by the Online Service of the malfunction before you executed the payment;
• Circumstances beyond our control prevented the payment, despite reasonable precautions that we have taken, including telecommunications outages, fires, floods, or other natural disasters;
• COMPANY or you has terminated your Online Service or closed your Account to which the UserID was linked;
• You have supplied your login information to another party; or
• For any other reason specified in these Terms or any other agreement COMPANY has with you.
(m) ACCURATE INFORMATION. In creating and using your User Account on the Web Site, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form re-quired on the Web Site (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or COMPANY has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, COMPANY has the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
(n) TERMINATION OF ACCOUNT. COMPANY reserves the right to terminate your use of the Services and the Downloadable Computer Application for any reason including inactivity and at any time without notice to you. You have the right to terminate your use of the Online Service by calling COMPANY at the number listed under the contacts section of the website www.onguardhelp.com or by writing to COMPANY at the address provided at the end of these Terms. Any termination of your use of the Services or the Downloadable Computer Applications, whether initiated by you or by COMPANY, will not affect any of your or COMPANY’s rights and obligations under these Terms that have arisen before the effective date of such termination.
(o) RELATED AGREEMENTS. Your Account linked to the Online Service will also be governed by the agreements, disclosures, COMPANY’s service tariff in your area, and other documents provided to you in connection with the opening of your Account, as they may be amended periodically. If any inconsistency exists between such other documentation and these Terms, then these Terms shall control to the extent of inconsistency.
(p) ERRORS OR QUESTIONS ABOUT BILL PAYMENTS. In case of errors or questions about Bill Payments, you should notify COMPANY at once at by calling the number listed under the contacts section of the website www.onguardhelp.com or by email at email@example.com or through the online message center (if applicable).
(a) NO WARRANTIES; INDEMNIFICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE, THE SERVICES, THE CONTENT, AND/OR THE DOWNLOADABLE COMPUTER APPLICATION IS AT YOUR SOLE RISK. THE WEB SITE, THE SERVICES, THE DOWNLOADABLE COMPUTER APPLICATIONS AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. COMPANY PROVIDES THE WEB SITE, THE SERVICES, THE CONTENT AND THE DOWNLOADABLE COMPUTER APPLICATIONS ON A COMMERCIALLY REASONABLE BASIS AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEB SITE, THE SERVICES, THE DOWNLOADABLE COMPUTER APPLICATIONS, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE. THE COMPANY DOES NOT WARRANT THAT THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEB SITE, THE SERVICES, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE WEB SITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. COMPANY DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB SITE, THE SERVICES, THE DOWNLOADABLE COMPUTER APPLICATIONS, OR THE CONTENT AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT COMPANY SHALL HAVE ADEQUATE CAPACITY FOR THE WEB SITE AND/OR THE ONLINE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
(b) INDEMNIFICATION. You agree to defend, indemnify and hold COMPANY and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including with-out limitation reasonable attorneys’ fees) assessed or incurred by COMPANY, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right.
(c) NOT INVESTMENT ADVICE. COMPANY DOES NOT INTEND TO PROVIDE ANY INVESTMENT ADVICE OR INFORMATION RELATING TO ITSELF OR ANY COMPANY IDENTIFIED ON THE WEB SITE. Nevertheless, the Web Site may, from time to time, contain information on the current or prospective financial condition of this and/or certain other companies. COMPANY cautions that there are various important factors that could cause actual results to differ materially from those indicated in the information you may encounter on the Web Site. Accordingly, there can be no assurance that such indicated results will be realized. These factors include, among other things, legislative and regulatory initiatives regarding regulation of American companies doing business abroad; political and economic conditions and developments in the United States and in foreign countries in which the companies discussed on the Web Site operate; financial market conditions and the results of financing efforts; and changes in commodity prices and interest rates.
5. LIMITATION OF LIABILITY. COMPANY’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEB SITE, THE SERVICES, THE DOWNLOADABLE COMPUTER APPLICATIONS, THE CONTENT AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE COMPANY SHALL BE THE CANCELLATION OF YOUR USER ACCOUNT WITH COMPANY, ITS AGENT, ITS LICENSEE, OR ANY AUTHORIZED PAYEE FOR SUBSCRIPTION SERVICES. EXCEPT FOR THE ACTUAL CHARGES DESCRIBED IN PARAGRAPH 3(L) ABOVE, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEB SITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, THE SERVICES, THE DOWNLOADABLE COMPUTER APPLICATIONS, AND/OR THE CONTENT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEB SITE, THE SERVICES, THE DOWNLOADABLE COMPUTER APPLICATIONS, AND/OR THE CONTENT PROVIDED IN CONNECTION WITH THE COMPANY, INCLUDING, BUT NOT LIMITED TO, (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEB SITE, THE SERVICE, THE DOWNLOADABLE COMPUTER APPLICATIONS, AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE COMPANY, ITS LICENSEES, AGENTS, OR AUTHORIZED PAYEES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF COMPUTER SERVERS COMMUNICATING INFORMATION RELATED TO THE COMPANY, THE WEBSITE, OR THE DOWNLOADABLE COMPUTER APPLICATION AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, SERVERS RELATED TO THE WEBSITE, THE SERVICES, THE DOWNLOADABLE COMPUTER APPLICATION AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE COMPANY, ITS AGENTS, LICENSEES, OR AUTHORIZED PAYEES, AND/OR (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE, THE SERVICES, THE DOWNLOADABLE COMPUTER APPLICATIONS AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE COMPANY BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS COMPANY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
7. THIRD PARTY CONTENT.
(a) COMPANY may provide hyperlinks to other web sites maintained by third parties, or COMPANY may provide third party content on the Web Site by framing or other methods. THE LINKS TO THIRD PARTY WEB SITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEB SITE IS NOT UNDER COMPANY’S CONTROL AND COMPANY IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEB SITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEB SITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEB SITES LINKED TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
(b) If a third party links to the Web Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with COMPANY. In most cases, COMPANY is not even aware that a third party has linked to the Web Site. A web site that links to the Web Site:
(i) may link to, but not replicate, COMPANY’s Content; (ii) may not create a browser, border environment or frame COMPANY’s Content; (iii) may not imply that COMPANY is endorsing it or its products; (iv) may not misrepresent its relationship with COMPANY; (v) may not present false or misleading information about COMPANY’s products or services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only Content that is appropriate for all age groups.
8. COPYRIGHT AND TRADEMARKS. The trademarks, service marks and logos used and displayed on the Web Site and the Downloadable Software Application are COMPANY’s, or its licensees, subsidiaries’ or affiliates’, registered and unregistered trademarks. COMPANY is the copyright owner or authorized licensee of all text and all graphics contained on the Web Site and in conjunction with the Downloadable Computer Application. All trademarks and service marks of COMPANY that may be referred to on the Web Site are the property of COMPANY. Other parties’ trademarks and service marks that may be referred to on the Web Site are the property of their respective owners. Nothing on the Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of COMPANY’s trademarks or service marks without COMPANY’s prior written permission. COMPANY aggressively enforces its intellectual property rights. Neither the name of COMPANY nor any of COMPANY other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Web Site or otherwise, without COMPANY’s prior written permission, except that a third party web site that desires to link to the Web Site and that complies with the requirements of Paragraph 7(b) above may use the name “COMPANY” in or as part of that URL link. If you believe that any Content on the Web Site violates any intellectual property right of yours, please contact COMPANY at the address, email address or telephone number set forth at the bottom of these Terms.
9. LOCAL LAWS. COMPANY makes no representation that content or materials in the Web Site are appropriate or available for use in jurisdictions outside the United States. Access to the Web Site from jurisdictions where such access is illegal is prohibited. If you choose to access the Web Site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. COMPANY is not responsible for any violation of law. You may not use or export the Content or materials in the Web Site in violation of U.S. export laws and regulations. You agree that the Web Site, these Terms and the Online Service shall be interpreted and governed in accordance with United States federal law and, to the extent not preempted by federal law, with the laws of the state where COMPANY maintains your Account, or, if COMPANY transfers your Account to another location, where COMPANY currently maintains your Account. The Web Site and the Services shall each be deemed a passive website and service that does not give rise to personal jurisdiction over COMPANY, either specific or general, in jurisdictions other than the states covered by the preceding sentence. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located where COMPANY maintains your Account, or, if COMPANY transfers your Account to another location, where COMPANY currently maintains your Account. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
10. AVAILABILITY. Information that COMPANY publishes in the Web Site may contain references or cross-references to products, programs or services of COMPANY that are not necessarily announced or available in your area. Such references do not mean that COMPANY will announce any of those products, programs or services in your area at any time in the future. You should contact COMPANY for information regarding the products, programs and services that may be available to you, if any.
11. NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Web Site with his or her UserID and password. You may not assign these Terms, in whole or in part, or delegate any of your responsibilities hereunder to any third party. Any such attempted assignment or delegation will not be recognized by COMPANY unless acknowledge by COMPANY in writing. COMPANY has no obligation to provide you with written acknowledgment. COMPANY may, at any time and in its sole discretion, assign these Terms, in whole or in part, or delegate any of our rights and responsibilities under these Terms to any third party or entity.
12. TERMINATION OF SERVICE. We may terminate your User Account or right to access secured portions of the Web Site at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Web Site, to COMPANY, to the business of the Web Site’s Internet service provider, or to other information providers.
Your Consent To This Agreement
By accessing and using the Web Site, the Services, or the Downloadable Computer Application you consent to and agree to be bound by the terms of the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on the web page so that you will always be able to understand the terms and conditions that apply to your use of the Web Site and/or the Online Service. Your use of the Web Site and/or the Online Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms.
If you have additional questions or comments of any kind, or if you see anything on the Web Site that you think is inappropriate, please let us know by email firstname.lastname@example.org or by sending your comments to:
Guardian Help, Inc.
797 Little Ranger Road Murphy, NC 28906
EFFECTIVE AS OF: February 1, 2014
LAST UPDATED: February 1, 2014
Privacy and Information Security Policy
WHAT PERSONALLY IDENTIFIABLE INFORMATION DO WE OBTAIN FROM YOU? WHEN DO WE OBTAIN SUCH INFORMATION?
If, upon visiting our Web Site, your use is limited to browsing our informational content, we will not require that you provide us with any personally identifiable information. However, we may request personal information from you at other times. For example:
• If you enroll for a subscription to our Services via any one of our Downloadable Computer Application, we may ask that you provide us with certain personal information, including your name, credit card number, expiration date, e-mail address, mailing address and telephone number. Your credit card information will be transferred to our depository financial institution for processing. This depository financial institution (as discussed in more detail below) employs a variety security and risk management technologies to facilitate secure on-line transactions and to protect your credit information.
•If you post to our discussion forums, we will ask that you provide us with your name, e-mail address and password.
• If you want to enter any sweepstakes, contests or promotions sponsored by us or by one of our business partners, we will need your name, e-mail address and other information as may be required by the rules of the specific contest.
• If you choose to participate in a customer survey conducted by us or by one of our business partners, we may ask for your name, e-mail address and other information as may be required by the particular survey.
• If you report a problem or submit a customer review, we will ask that you provide your name, e-mail address, membership number, address, phone number and fax number. Should you contact us for any reason other than to report a problem and/or submit a review, we may also keep a record and/or copy of your correspondence with us.
HOW DO WE PROTECT THE SECURITY AND QUALITY OF YOUR PERSONAL INFORMATION?
To protect the security and quality of your personal information, we have implemented technical and managerial procedures to maintain accurate, current and complete information as well as to protect your personal information against loss, misuse or alteration when it is under our control. Your personally identifiable information will be encrypted and stored on our secured servers. Your personal information is also password protected so that access is limited to yourself and those with whom you share your password, Company, as well as third party access facilitated by Company with your prior permission. We have also taken steps to help protect the integrity of your personal financial information when you complete a purchase transaction on our Web Site or via one of our licensees or authorized payees.
HOW DO WE USE YOUR INFORMATION?
Our primary use of your information is to administer, maintain and improve your experience on our Web Site generally as well as provide you with customized, personalization services and interactive communications.
• If you check the “opt-in” feature on our Web Site, or if you do not uncheck a pre-checked “opt-in” box we may from time to time send you e-mails regarding our Web Site, our Downloadable Software, Our Services and special promotions. Also, we occasionally may send you direct mail about products or services that we believe may be of interest to you.
• We use your financial information (e.g., your credit card number) only to verify your credit and to bill you for memberships purchased through our Web Site. We also use your contact information as necessary to send you information about the memberships that you have purchased on our Web Site.
• When you enter any sweepstakes, contests or promotions sponsored by us or by one of our business partners, we may use your e-mail address to send you status updates.
• We use your IP address to help diagnose problems with our server and to administer the services offered on our Web Site. We also use your IP address to help identify you and to gather broad demographic information that we may share with our business partners, but only in the aggregate without any of your personally identifiable information.
• We may research the demographics, interests and behavior of our customers based on the information provided to us during membership registration, during sweepstakes, contests and promotions, from our server log files, from cookies and from surveys. Our research may be compiled and analyzed on an aggregate basis. We may share this aggregate data with business partners, but only in the aggregate, without any of your personally identifiable information.
CAN YOU “OPT-OUT” OF RECEIVING COMMUNICATIONS FROM COMPANY?
If you change your mind and decide that you no longer want to receive promotional e-mails and/or direct mailings, you may opt-out at any time by simply sending an e-mail request to email@example.com. Similarly, if you are not receiving our promotional e-mails and/or direct mailings and wish to receive these materials, you may opt-in at any time by simply sending an e-mail request to firstname.lastname@example.org.
PRIVACY POLICIES OF COMPANY PARTNERS
DO WE SELL OR RENT YOUR PERSONALLY IDENTIFIABLE INFORMATION?
No, as a general rule, we do not sell or rent your personally identifiable information to any one. If and whenever we intend to share your personally identifiable information with a third party (other than to a business partner as provided herein), you will be notified at the time of data collection or transfer, and you will have the option of not permitting the transfer. However, we may from time to time rent or sell demographic information in the aggregate that does not contain your personally identifiable information.
WITH WHOM DO WE SHARE INFORMATION?
We generally will not disclose any of your personally identifiable information except when we have your permission to do so or under some special circumstances described below.
• As noted previously, we may from time to time partner with other companies to offer co-branded services as well as sweepstakes, contests and promotions. Any information that you provide in connection with the co-branded services or any jointly sponsored sweepstakes, contests or promotions will become the joint property of Company and its business partners. We may also disclose other personal information about you to our business partners, but only if we have obtained your permission to make the disclosure before data collection or before transferring the data.
• We may, from time to time, offer you the opportunity to receive materials or special offers from third parties. If you want to receive this information, we may (but only with your permission) share your name and e-mail address with them.
• Under confidentiality agreements, we may match user information with third party data. We also may disclose aggregate demographic and/or user information and statistics in order to describe our customer base to prospective partners and other third parties, and for other lawful purposes.
• We may disclose your personally identifiable information without your prior permission in special cases. For example, we may have reason to believe that disclosing the information is necessary to identify, contact or bring legal action against someone who may be violating the User Terms and Conditions, or may be causing intentional or unintentional injury or interference to the rights or property of Company or any third party, including other customers. Also, we may disclose or access your personally identifiable information when we believe in good faith that law or regulation requires disclosure.
HOW CAN YOU UPDATE, CORRECT OR DELETE YOUR PERSONALLY IDENTIFIABLE INFORMATION?
You may edit your personally identifiable information and your password at any time by sending an e-mail request to email@example.com.
DO YOU HAVE CHOICES ABOUT COOKIES?
Yes, you have several choices with respect to cookies. You can modify your browser preferences to accept all cookies, to notify you when a cookie is set, or to reject all cookies. However, our Web Site uses cookie-based authentication. Accordingly, if you choose to reject all cookies, you may not be able to log onto our Web Site and/or use our services or participate in our sweepstakes, contests or promotions.
WHAT ELSE SHOULD YOU KNOW ABOUT YOUR ONLINE PRIVACY?
If you have any questions or comments about this Privacy Statement or the practices of our Web Site, please feel free to e-mail us at firstname.lastname@example.org or visit our contact page.