GENERAL TERMS AND CONDITIONS ON USE OF AND PRIVACY POLICY FOR ACCESS TO THE GUARDIAN WEBSITE AND ITS EXTRANET APPLICATIONS TERMS AND CONDITIONS Please read these terms and conditions of use before using this Site. All access and use of the information contained on the Site by you (the "User") of the Guardian Preservation Services, Inc. ("GUARDIAN") Website ("Site") provided by Guardian Preservation Services, Inc. is subject to the following general terms and conditions. By using this Site and any of GUARDIAN's products or services, and providing any personally identifiable information to GUARDIAN, User consents to this privacy policy. GUARDIAN reserves the right to modify, alter, or update this Privacy Statement at any time. GUARDIAN will post any revised Privacy Statement on the Site to apprise User of what information is collected, how it is used, and under what circumstances it may be disclosed. Any modifications, alternations, or updates of the GUARDIAN Privacy Statement will be effective upon posting, and User's continued use of this Site will constitute User's consent to any revised Privacy Statement.
Security Each User of an GUARDIAN Extranet application is given a distinctive password/PIN and agrees to keep it secret. The term "User" shall only include the User who was given the password. Each User is responsible for all actions under their respective User password. GUARDIAN shall have no liability for unauthorized use of a User's password.
Disclaimer, Limitation of Liability and Protection of Information All information provided on this Site ("Contents") is subject to change without notice. The content posted on this Site is "as is". GUARDIAN disclaims all warranties express or implied, for any services or contents provided on or through this Site, including the implied warranty of merchantability and fitness for a particular purpose. GUARDIAN does not warrant that functions contained on this Site will be uninterrupted or error-free, or that this Site or the server are free of viruses or other harmful components.
GUARDIAN shall not be liable for indirect, incidental, consequential or special damages, lost profits, lost savings or lost revenues, arising out of or in connection with the use of contents or services provided via this Site, whether or not GUARDIAN has been advised of the possibility of such damages, GUARDIAN shall not be liable for the breach of any obligation imposed on GUARDIAN hereunder or in connection herewith, arising from claims based in warranty, contract, tort (including negligence), strict liability, or otherwise.
Although GUARDIAN believes that all of the information contained on its Site is accurate and complete and that it has made every effort to keep this information up-to-date, GUARDIAN does not represent or warrant the accuracy or completeness of any information on the Site. GUARDIAN places the utmost importance on protecting information transmitted via the Site and will take reasonable security precautions to protect any such information; however, GUARDIAN cannot guarantee that any electronic commerce is totally secure. As a result, GUARDIAN disclaims any liability resulting from any loss or damage resulting from a breach in the security of the website or loss of Information.?
Access and Use of Information Access to this Site is limited to viewing the available web pages and exchanging and submitting information and ideas for GUARDIAN and Users, legitimate business purposes. Any attempt to access other areas of GUARDIAN's Systems or other information contained on such Systems for any purpose is strictly prohibited and with regard to Extranet applications may result in the termination of User's access to these applications.
Ownership of Contents All Contents contained on or submitted to this Site are subject to the ownership rights of GUARDIAN. GUARDIAN authorizes Users to make a single copy of Content (but not software) for User's legitimate business use as part of the GUARDIAN family. No right, title or interest in any downloaded Contents used on this Site is transferred to the User as a result of any permission to copy or use the Content. User shall not alter or remove any copyright or trademark notice or proprietary legend contained in the Contents. No other permission is granted to User to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any software used in connection therewith. User agrees not to derive or attempt to copy or derive the source code, source files or structure of all or any portion of the Contents, the Site, or any software used in connection therewith by reverse engineering, disassembly, decompiling or otherwise.
Trademarks, Patents, and Other Intellectual Property The GUARDIAN Site contains GUARDIAN trademarks and service marks ("Marks"). All marks are the property of GUARDIAN. All rights in the intellectual property contained in this Site, including copyright, trademarks, trade secret and patent rights are reserved to GUARDIAN. Access to this Site does not constitute a right to copy or use any of the intellectual property of GUARDIAN or its suppliers, except as specifically provided above.
Hypertext Links This site may be linked to other web sites, which are not maintained by GUARDIAN excluding sites with sexual and/or illegal content. GUARDIAN is not responsible for the content of those sites, and there is no sponsorship or recommendation by GUARDIAN of such sites. GUARDIAN disclaims any liability for any loss or damages arising from the use of content or services provided by any third-party service or resource or site. In order to create and maintain links, all Users must comply with these linking terms. Additionally, the Site may offer links to other web sites, which may be governed by information policies and site terms and conditions different from those provided by GUARDIAN. GUARDIAN does not control, and is not responsible for, the privacy policies or practices of any such site.
PRIVACY POLICY GUARDIAN intends to help its Users retain their privacy while they take advantage of all this Site has to offer. GUARDIAN is committed to protecting User's privacy while giving User a better, more efficient, online experience. GUARDIAN does not sell customer information; nor does it provide customer information to persons or organizations not affiliated with the GUARDIAN family, and GUARDIAN contractually requires any person or organization that is affiliated with GUARDIAN to protect the confidentiality of GUARDIAN customer information.
The Information We Collect The Site may collect various types of information from Users, such as Personal Information pertaining to User, i.e., name, address, telephone number, and General Information, i.e., IP address, domain name, and the pages accessed while visiting the Site. GUARDIAN may also retain the content of the communications with Users or may use cookies or automatic data collection devices.
Use of Information GUARDIAN may use User's Personal Information to operate this Site, to communicate with User or to compile general demographic and business statistics. This information is also collected to aggregate statistical information, facilitate system administration, and improve the contents of the Site. GUARDIAN may also use information collected to notify Users of changes to the Site, and for any other legitimate and lawful business purposes, as determined by GUARDIAN.
Disclosure of Information GUARDIAN may also disclose User's Personal or General Information if such disclosure is required by law or is pursuant to the good-faith belief that such action is necessary to: (a) protect and defend the rights or property of GUARDIAN, the Site or other Users, and (b) act to protect the personal safety of Users, of GUARDIAN, the Site or the public. AT GUARDIAN's sole discretion, it may transfer Personal Information to successors in interest or assigns.
Contacts As part of your participation in this Site, GUARDIAN may allow you to receive or not receive certain information and e-mail and may send you certain information and e-mail.
NOTICE - GENERAL PROVISIONS Force Majeure GUARDIAN shall not be liable for any delay in or impairment of performance resulting in whole or in part from Acts of God, sever weather conditions, labor disruptions, governmental decrees or controls, insurrections, war risks, shortages, inability to procure or ship product or obtain permits and licenses, supplies or raw materials, or any other circumstances or causes beyond control of GUARDIAN in the conduct of its business.
Agreement to Terms and Conditions Access to and use of this Site by a User shall form an acknowledgement and acceptance by such User of these terms and conditions and this privacy policy.
Independent Contractors GUARDIAN and User are independent contractors. User is not authorized to and shall not make any representations on behalf of or which are binding upon GUARDIAN.
Separability If any provision of this Agreement shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other legal provision hereof which together shall then be construed as if such illegal and unenforceable provision or provisions had not been inserted herein, unless such illegality or unenforceability shall destroy the underlying business purpose of this Agreement.
Updates To This Agreement GUARDIAN reserves the right to modify or amend this Agreement at any time, and from time to time. Any changes to this Agreement will be posted on the site.
Governing Law; Limitations This Agreement shall be construed, interpreted and performed exclusively according to the laws, excluding conflict of law rules, of the State of Illinois, United State of America. Any legal action with respect to any transaction must be commenced within one year after the cause of action has arisen. The provision of the Uniform Commercial Code as adopted by the State of Illinois, and not the United Nations Convention on Contracts for the International Sale of Goods, shall apply.
Dispute Resolution Actions by GUARDIAN for nonpayment by the User for services rendered by GUARDIAN, or for redress of other breaches by the User of this Agreement may be brought by GUARDIAN, at its option, before any judicial court of competent jurisdiction. At GUARDIAN's option, disputes between the User and GUARDIAN, including all claims for non-performance by GUARDIAN, shall be finally settled by arbitration in Chicago, Illinois, USA, under the Rules of the American Arbitration Association, and with respect to matters not regulated by those rules, all such disputes shall incorporate the UNCITRAL arbitration rules. Arbitrators shall be appointed in accordance with said Rules and any consistent provisions of the internal laws (except conflict of law rules) of the State of Illinois, USA.
Questions Questions regarding GUARDIAN or this Site should be directed to Michael A. Davis, Managing Partner, Guardian Preservation Services, Inc, 18470 Thompson Ct., Ste 2B, Tinley Park, IL 60477, phone: 888-740-3811 e-mail:
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