PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (THE “WEBSITE”) OR CREATING AN ACCOUNT. THESE WEBSITE TERMS OF USE (THE “TERMS OF USE”) GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE AND CREATION OF YOUR ACCOUNT. THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW WHICH CONSTITUTE THIS “AGREEMENT.” IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE OR CREATE AN ACCOUNT. BY ACCESSING OR USING THE WEBSITE OR CREATING AN ACCOUNT, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.
Content
Content means all information and services displayed or provided by this Site. All Content belongs to or is licensed to GUARDIAN RFID. Content includes text, photographs, artwork, graphics, icons, logos, audio, sounds, music, video, data compilations, user interfaces, visual interfaces, computer code, methods, “look and feel,” and arrangement of the Content. Content is protected by law including copyright, trademark, and trade dress.
Permitted Uses
GUARDIAN RFID offers the services available on its Site conditioned upon your acceptance of all the limitations of use and prohibited activities set forth in this Agreement. Your continued use of the Site following the posting of changes means that you accept and agree to the changes. As long as you comply with this Agreement, GUARDIAN RFID grants you a limited, non-exclusive, non-transferable, revocable privilege to enter and use the Site. Specific usage rights include: Display the Content for your immediate, temporary, personal, non-commercial uses only, such as for determining the suitability of GUARDIAN RFID goods or services to your needs or ordering products for yourself or your employer or business; Download research reports and product information sheets for personal or academic research only; and Download audio-visual and video Content onto your personal computer or viewing device for your immediate, temporary, personal, and non-commercial use only. Unless another license applies to you, you may use Content purposely made available by GUARDIAN RFID for downloading from the Site, provided that you: (a) use the unaltered downloaded copy only for your personal, non-commercial informational purpose; (b) not make any additional representations or warranties relating to information contained in the downloaded copy; and (c) do not engage in any of the prohibited uses described below.
Your Account
Creation of Your Account. Access to and use of certain additional functions and/or benefits of the Site is subject to the creation of an account with GUARDIAN RFID (the “Account”). To create an Account, you must have an e-mail address and supply truthful and accurate information. You must be authorized to use the Site and services for which you register, and in particular meet the age criteria. You are solely responsible for maintaining the confidentiality and security of your Account and any user identifications, passwords, authentication codes or other security devices or procedures (collectively “Password”). We are not responsible for any losses arising out of the unauthorized use of your Account. We reserve the right to suspend your access to the Site and/or services and change (or require you to change) your Password at any time. Any use of your Account with your Password, and in particular any purchase of services or products, is deemed to be carried out by you. If any contact details (including without limitation, user name, e-mail address and billing address) change, you agree to update your Account within 30 days of the change. Accuracy and Use of your Account Data. You agree to supply true, accurate, up-to-date and complete information and keep it up to date. You must not claim to be any other person or entity or represent your identity or an affiliation with any other person or entity in an inaccurate way, including by using the user name, or any other information relating to someone else’s Account or the name, likeness, voice, image or photograph of another person or by providing false information when the registration process asks you to give this information. You acknowledge and accept that we may take action to check the accuracy of the information you give. In order to protect other users and prevent risks of fraud, you agree to send the necessary authorizations and supporting documents to us on request by e-mail, fax or post. If you provide any information that is false, inaccurate, outdated, or incomplete, or we have reasonable grounds to suspect that your information is false, inaccurate, outdated, or incomplete, we have the right to suspend or terminate your Account and prohibit any and all current or future use of the Site or services (or any portion thereof) by you. You also agree to inform us as quickly as possible at warriors@guardianrfid.com of any unauthorized use of your user name, Password or other information concerning your Account or of any other security violation concerning or involving the Site or services which comes to your attention.
Additional Terms and Conditions Governing Site Use
GUARDIAN RFID's Privacy Policy and Trademark Notice also apply to your use of the Site. Each of these policies may be changed from time to time and are effective immediately upon posting the changes on the Site.
Prohibited Uses
The following are Prohibited Uses by any User: Posting unlawful or harmful content. Upload, post, email, transmit, or make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable. Uploading malicious content. You may not upload, post, email, transmit or otherwise make available any material 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. Unauthorized transmission or display of Site Content. You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use the Content of the Site for public or commercial purposes. Unauthorized export of Site Content. You may not use or export or re-export any Content or any copy or adaptation of the Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States securities and export laws and regulations. Placing an unreasonable burden on the Site. You may not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or GUARDIAN RFID's systems or networks, or any systems or networks connected to the Site or GUARDIAN RFID. Concealing the Origin of Your Inquiry or Posting to the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to GUARDIAN RFID on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. Copy or Scrape Site Content. You may not use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Inappropriately Gaining Access. You may not attempt to gain unauthorized access to the Site or Content, other accounts, computer systems or networks connected to any GUARDIAN RFID server or Content, through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or Content. Limited rights. Creation of derivative works and sublicensing of Content are expressly prohibited. Use not expressly authorized. Content may not be distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise without GUARDIAN RFID's express prior written authorization. You may not harass other users, send them unsolicited messages for commercial prospecting purposes, use the Site or services for purposes of surveys, competitions, pyramid selling, or similar operations, or for sending mass e-mails, spam, or any unsolicited advertising or promotional items, for commercial purposes or otherwise. Use incorrect information. You may not use incorrect information, use another user’s Account, assume another person’s identity, or present false credentials in order to disguise the origin of any content transmitted through the Site, services, or a public forum. You may not impersonate any person or entity, including, but not limited to a representative of GUARDIAN RFID, or falsely state or otherwise misrepresent your affiliation with a person or entity. Use that exceeds the scope of these Terms. If GUARDIAN RFID notifies you that the manner in which you are using the Site is a prohibited or unauthorized use, you may no longer use the Site for that particular purpose.
Monitoring of Site by GUARDIAN RFID
GUARDIAN RFID is not responsible for and does not support, approve, or sanction the opinions, advice and/or recommendations displayed or sent by users on the Site, notably in any public forum, and declines any responsibility in this regard. You understand that by using the Site and services, you may be exposed to User Generated Content (“UGC”) that is offensive, indecent, or objectionable. We make no representations or warranties, express or implied, as to the UGC or the accuracy and reliability of the UGC that you may access through the Site or services. You agree that you must evaluate, and bear all risks associated with, the use of any UGC including any reliance on the accuracy, completeness, or usefulness of the UGC and you acknowledge that you may not rely on any UGC. You are solely responsible for your interactions with other users of the Site and services. We reserve the right, but have no obligation, to monitor disputes between you and other users of the Site and services. We also reserve the right to terminate your Account and access to the Site and/or services if we determine, it our sole discretion, that doing so is prudent. We reserve the right, without this constituting an obligation, to review content placed on line, particularly on the public forums; and to remove any UGC from the Site or services at any time, without any notice and for any reason, including but not limited to, content that violates these Terms of Use or is otherwise objectionable, in our sole discretion. GUARDIAN RFID furthermore reserves the right to define additional rules of conduct and to place limits on the use of the Site, services, and public forums.
Intellectual Property
Enforcement of rights by GUARDIAN RFID under this Agreement is in addition to GUARDIAN RFID's intellectual property rights under applicable law including but not limited to copyright, patent, trademark, trade dress, licensing, and unfair competition laws and treaties. Trademarks indicated as registered are registered in the United States and no claim is made that the indication is notice of registration in any other country unless specifically stated in a legal notice on the Site. You may submit reviews, comments, or other feedback on the Site either as part of your Account or in the public forums. Any comments, suggestions, or feedback relating to the Site products, or services (collectively, “Feedback”) submitted to us becomes the property of GUARDIAN RFID or its licensors. We will not be required to treat any Feedback as confidential, and will not be liable for any ideas or our use of the Feedback (including without limitation, product, application, Site, service or advertising ideas). Without limitation, we will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not GUARDIAN RFID, have full responsibility for the message, including its legality, reliability, and appropriateness, originality, and copyright.
Privacy
By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site or services may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Links to Other Sites
The Site may have links to other websites that are not operated, controlled or maintained by GUARDIAN RFID. The inclusion of links to other websites on the Site does not imply GUARDIAN RFID's endorsement or approval of the linked sites or their content. If you navigate away from the domain name of this Site, you do so at your own risk. You should review the terms of use of each domain, including privacy and data gathering practices, of any other website to which you navigate.
Liability Disclaimer
THE SITE, INCLUDING THE CONTENT, UGC, AND GUARDIAN RFID INFORMATION FOUND THEREON ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY CONCERNING THE INFORMATION, SERVICES, OR PRODUCTS OFFERED OR PROVIDED THROUGH OR IN CONNECTION WITH THE SITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT WILL GUARDIAN RFID, ITS SERVICE PROVIDERS OR ITS PREFERRED PARTNERS BE LIBLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, FOR ANY INFORMATION (INCLUDING GUARDIAN RFID INFORMATION), SOFTWARE PRODUCTS, AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF GUARDIAN RFID, ITS SERVICE PROVIDERS, OR ITS PREFERRED PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. UNDER NO CIRCUMSTANCES WILL GUARDIAN RFID BE LIABLE IN ANY WAY FOR ANY UGC, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY UGC, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THESE USE OF ANY UGC POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SITE OR SERVICES. GUARDIAN RFID IS NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY UGC YOU POST TO THE SERVICES. GUARDIAN RFID and its service providers are not liable for information on the Site that is inaccurate due to technical defects in software used on the Site, whether induced by their respective systems or by software provided by third parties.
Local Laws
If you use the Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import laws of other countries in relation to the materials and third-party content.
Termination of Use
GUARDIAN RFID reserves the right to terminate service to you without further notice or explanation if it finds at its sole discretion a violation of this Agreement. Your continued ability to access the Site does not constitute a waiver by GUARDIAN RFID of rights under this Agreement.
Changes of Content and Terms and Conditions of Use
GUARDIAN RFID reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use and/or Content, at any time without prior notice to you. It is your responsibility to check these Terms of Use periodically for changes.
Forum Selection
This Agreement and the relationship between you and GUARDIAN RFID are governed by the laws of the State of Minnesota without regard to any conflict of law provisions. You agree to the personal and exclusive jurisdiction and venue of the state and federal courts located in Minneapolis, Minnesota in all disputes arising out of or relating to these Terms of Use, Site, and Site Content.
Limited Time to Bring Your Claim
You agree that any cause of action arising out of or related to the Site or any Site Content must be commenced within 1 year after the cause of action accrues; otherwise, the cause of action is permanently barred.
Severability of Conditions
If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, those provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this Agreement, so that this Agreement will remain in full force and effect. GUARDIAN RFID's failure to insist on or enforce strict performance of this Agreement is not to be construed as a waiver by GUARDIAN RFID of any provision or any right it has to enforce this Agreement, nor will any course of conduct between GUARDIAN RFID and you or any other party be deemed to modify any provision of this Agreement. This Agreement does not confer any rights or remedies on any third parties. Revised October 30, 2017 GUARDIAN RFID® and © are registered trademarks of Codex Corp. ©2017 GUARDIAN RFID. All rights reserved.