Terms of Service
Last updated October 2017

Overview

The following are the terms of an agreement between you and Guardian Digital Corporation ("Guardian Digital"). By accessing, or using this website, you acknowledge that you have read, understand, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, please do not use this website.

Guardian Digital may, without notice to you, at any time, revise these Terms of Use and any other information contained in this website. Guardian Digital may also make improvements or changes in the products, services, or other content displayed in this website at any time without notice.

Rights to Content

The pages and content on this website are subject to protection under applicable copyright and trademark laws, and all copyright information, trademarks and logos must remain intact. Guardian Digital grants you a non-exclusive, limited permission to access and display the pages on this website as a current or potential customer, vendor, or business partner of Guardian Digital, or for non-commercial research purposes, provided you comply with these Terms of Use. All other use of this website is prohibited.

Except for the limited permission in the preceding paragraph, Guardian Digital does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror or frame any of the content from this site on another website or in any other media. Any software, services and other materials that are made available for downloading, access, or other use from this website with their own license or usage terms will be governed by such terms, conditions, and notices, including applicable export and re-export laws and regulations. Your failure to comply with such terms or any of the terms on this website will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession, custody or control. You may not use, reproduce, or distribute any of the copyrighted material, trademarks, logos, graphics, sounds, videos, images, or other proprietary content on this website without the express written permission of Guardian Digital.

For further information, refer to the sections on this website concerning our Copyright Policy, Trademark Usage Guidelines, and Virtual Patent Markings.

 

Disclaimer of Errors

From time to time, this website may contain technical inaccuracies or other content errors, and Guardian Digital does not warrant the accuracy of any posted information. To mitigate the risk of error, you should use only the most up-to-date web pages, and confirm the accuracy and completeness of information before using it to make decisions relating to services, products, or other matters described in this website. Guardian Digital is not responsible for the accuracy of content on any areas of the website where users may post or transmit information including bulletin boards, chat rooms, user forums, blogs, or advice columns. You are prohibited from posting any libelous, obscene, defamatory, pornographic or other content that would violate any laws.

If any term in these Terms of Use is found by competent judicial authority to be unenforceable in any respect, the validity of the remainder of these Terms of Use will be unaffected, provided that such unenforceability does not materially affect the parties' rights under these Terms of Use.

Confidential Information and Privacy

With the exception of credit card information for the purchase of products or services, Guardian Digital does not want to receive confidential or proprietary information from you through our website. Other than credit card information, any information or material sent to Guardian Digital will be deemed NOT CONFIDENTIAL. By sending Guardian Digital any information or material, you hereby grant Guardian Digital an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Guardian Digital is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. Personally-identifiable information that you submit to Guardian Digital for the purpose of receiving products or services will be handled in accordance with our privacy policies. Please see the Privacy section on this website for information regarding Guardian Digital's privacy policies.

Linking to this Website

Guardian Digital consents only to links to this website in which the link and the pages that are activated by the link do not: (a) create frames around any page on this website or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with Guardian Digital; (c) imply that Guardian Digital approves or endorses you, your website, or your service or product offerings; (d) present false or misleading information about Guardian Digital or its products or services; or (e) present false or misleading impressions about Guardian Digital or otherwise damage the goodwill associated with the Guardian Digital name or trademarks. As a further condition to being permitted to link to this website, you agree that Guardian Digital may at any time, in its sole discretion, terminate permission to link to this website. In such event, you agree to immediately remove all links to this website and to cease any previously-authorized related use of Guardian Digital trademarks.

Third-Party Websites

Guardian Digital's site provides links to third-party websites, which are not under the control of Guardian Digital. Guardian Digital makes no representations in regard to third-party websites. When you access a non-Guardian Digital website, you do so at your own risk. Guardian Digital is not responsible for the reliability of any data, opinions, advice, or statements made on third-party websites. Guardian Digital provides these links merely as a convenience. The inclusion of such links does not imply that Guardian Digital endorses, recommends, or accepts any responsibility for the content of such sites. References to third-party products and services are for informational purposes only.

Product Availability

This website may contain references or cross-references to Guardian Digital products, services, or programs that are not announced or available in your country or region. These references do not imply that Guardian Digital intends to announce or make available such products, services, or programs in your country or region. Consult with your local Guardian Digital business contact for information regarding the products, services, and programs that may be available to you.

Business Relationships

This website may provide links or references to non-Guardian Digital-controlled websites and resources. Guardian Digital makes no representations, warranties, or other commitments or endorsements whatsoever about any non-Guardian Digital-controlled websites or third-party resources that may be referenced, accessible from, or linked to this website. In addition, Guardian Digital is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from a Guardian Digital website. When you access a non-Guardian Digital-controlled website, even one that may contain the Guardian Digital logo, please understand that it is independent from Guardian Digital, and that Guardian Digital does not control the content. We advise you to take precautions to protect yourself from viruses, worms, Trojan horses, and other potentially destructive programs, and to protect your information.

Export Control

Software downloaded from this website is subject to applicable export laws and regulations, including, but not limited to, the U.S. Export Administration Regulations. The export or reexport of software in violation of the foregoing laws and regulations is strictly prohibited. By downloading, purchasing or using any software from this website, you acknowledge that you have read and understood this notice and agree to comply with all applicable export laws and regulations as further detailed in the applicable license agreement.

DISCLAIMER OF WARRANTY

USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. GUARDIAN DIGITAL EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, GUARDIAN DIGITAL MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. GUARDIAN DIGITAL ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR DOCUMENTS REFERENCED BY OR LINKED TO THIS SITE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GUARDIAN DIGITAL BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF GUARDIAN DIGITAL IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.