||Guardsmark Web Site Terms and Conditions of Use
Thank you for visiting the Guardsmark, LLC web site (the "Site"). By using this Site, you agree to the following terms and conditions.
PLEASE READ THE ENTIRE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE YOU USE THE SITE. IF YOU DO NOT AGREE TO ALL THESE TERMS AND CONDITIONS OF USE, YOU MAY NOT USE THE SITE. BY USING THE SITE, YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS AND CONDITIONS OF USE. WE MAY UPDATE THESE TERMS AND CONDITIONS OF USE FROM TIME TO TIME WITH OR WITHOUT NOTICE. YOUR USE OF THIS SITE AFTER ANY SUCH CHANGE CONSTITUTES ACCEPTANCE OF THE REVISED TERMS AND CONDITIONS OF USE, SO REVIEW THE TERMS AND CONDITIONS REGULARLY.
TO USE THIS SITE, YOU MUST BE A RESIDENT OF OR LOCATED IN A JURISDICTION WHERE THE DISTRIBUTION, PUBLICATION OR PROVISION OF THE INFORMATION AND CONTENT OF THIS SITE MAY BE LAWFULLY DISTRIBUTED, PUBLISHED AND PROVIDED.
Limited License; Proprietary Rights to Content and Services
You acknowledge and agree that this Site contains information, data, software, photographs, graphics, text, images, logos, icons, typefaces, audio and video material, and/or other material (collectively "Content") that is protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereafter developed. The Content is our property or that of our suppliers or licensors. The compilation (meaning the collection, arrangement, and assembly) of all Content on this Site is our exclusive property and is protected by U.S. and international copyright and other laws. You may not upload, post, perform, publicly display, distribute, modify, remove, delete, augment, publish, transmit, transfer, license, sell, create derivative works of, or in any way exploit any of the Content, in whole or in part. Subject to your continued compliance with these Terms and Conditions of Use, Guardsmark grants you a non-exclusive, non-transferable, limited right to access, use, display and listen to this Site and the Content, only for your personal, non-public and non-commercial use. You must maintain any notices contained in or with the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all Content provided through the Site. Guardsmark does not endorse or represent the reliability or accuracy of any information or Content displayed on the Site. Any item purchased or obtained by any user through the Site is done at the user's sole risk.
GUARDSMARK®, GUARDSMARK TRUTH COURAGE JUDGEMENT and Design®, MAXIMUM VALUE PARTNERSHIP®, DAY TO DAY® and THE LIPMAN REPORT®, our logos and all related marks are trademarks and/or service marks of Guardsmark. They may not be used or displayed without our prior written consent. All other trademarks, product names and company names and logos appearing on the site are the property of their respective owners, and may be used only with the permission of the particular owner.
For certain types of uses of this Site, we may require the use of encryption technologies provided for your protection and/or require you to use user identification information ("User IDs") and passwords. You are responsible to protect your User ID and password from disclosure to third parties and you are not permitted to avoid the use of required encryption technologies. While we may provide those technologies and use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception or error.
In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted and (b) not use the Site for any unlawful purpose or any manner that is unlawful or in violation of these Terms and Conditions of Use. If you (a) provide or do not update or correct any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or (b) undertake any unlawful act or any act in violation of these Terms and Conditions of Use, we have the right to suspend, terminate and/or block your current or future use of the Site.
Disclaimers of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) WE DO NOT WARRANT OR REPRESENT THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE THAT SUCH ITEMS WILL MEET YOUR EXPECTATIONS, (v) THE SERVER(S) THAT HOST(S) THE SITE IS/ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (vi) ANY ERRORS IN THE SITE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR OBTAINING OF ANY SUCH MATERIAL. YOU (AND NOT US OR ANY OF OUR AFFILIATED COMPANIES OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE.
Limitation of Liability
WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.
Waiver of Jury Trial
THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OF USE OR THE TRANSACTIONS CONTEMPLATED HEREBY.
You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of materials you submit, post to or transmit through this Site, your use of this Site, your connection to this Site, your violation of these Terms and Conditions of Use or of any law, or your violation of any rights of another person.
Links to Third Party Sites
This Site may contain links to other Internet sites on the World Wide Web. We provide such links for your convenience only, and are not responsible for the content of any site linked to or from this Site. Links from this Site to any other site do not mean that we approve of, endorse or recommend that site, other than the sites of affiliates. We disclaim all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. You hereby waive any claim you might have against us with respect to such other sites.
These terms will be governed by and construed in accordance with the laws of the State of Tennessee, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be filed only in the state or federal courts located in the State of Tennessee, County of Shelby, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
We make no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.
We may terminate or suspend your access to all or part of this Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or these Terms and Conditions of Use or is harmful to the interests of another user, a third-party provider, a service provider, or us. We may also, in our sole discretion and at any time discontinue this Site. You agree that in any event any termination of your access to this Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and/or bar any further access to the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.
Miscellaneous Terms and Conditions
These Terms and Conditions of Use constitute the entire agreement and understanding between you and us, superseding any prior agreements and understandings, and govern your use of the Site; provided, however, that you also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions of Use remain in full force and effect. 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 Site or these Terms and Conditions of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section headings in these Terms and Conditions of Use are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved by us.
Modification of Agreement
Notice of all changes to these Terms and Conditions of Use will be posted on the Site. If you do not agree with the changes in these Terms and Conditions of Use, your sole remedy is to discontinue the use of the Site. BY USING THIS SITE AFTER WE POST ANY CHANGES TO THESE TERMS AND CONDITIONS OF USE, YOU THEREBY AGREE TO ACCEPT THOSE CHANGES.
Any inquiries concerning these terms and conditions of use should be directed to: LevitonGarethC@Guardsmark.com.
All content of this Site is: Copyright © 2013 Guardsmark, LLC, or third party content providers and is protected by international copyright law. All rights reserved.