GUARDIAN CIRCLE TERMS OF SERVICE

 

 

GUARDIAN CIRCLE TERMS OF SERVICE

 

Last Revised: Oct 30, 2016

 

Welcome to Guardian Circle -- the service that allows you to send alerts for help to your designated contacts from

Guardian Circle, Inc. (ÒGuardian,Ó Òwe,Ó ÒusÓ or ÒourÓ).

 

These Terms of Service (ÒTermsÓ) apply to your access and use of the mobile application (the ÒAppÓ), website (ÒSiteÓ), and other online products and services (collectively, the ÒServiceÓ) of Guardian.

 

Accepting these Terms

 

BY DOWNLOADING THE APP OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS BELOW. Please read all of the terms before you use the Service. If a term does not make sense to you, please let us know. If you donÕt agree to all of the terms below, you may not use the Service.

 

Modifications

We reserve the right to change these Terms from time to time. For example, we may need to change these Terms if we come out with a new feature. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we will provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review these Terms periodically to stay informed about our practices.

Whenever we make changes to these Terms, they are effective when the revised Terms are posted unless we notify you otherwise. If you continue to use the Service after the revised Terms have been posted, then you will be deemed to have accepted the changes to these Terms.

 

Privacy Policy

For information about how we collect, use and share information about users of the Service, please see our Privacy Policy. http://guardiancircle.com/privacy.html

For users in the European Union: You understand that use of the Service may include disclosures to persons located outside of the European Economic Area, including countries that do not have laws that protect personal information in the same manner as countries within the European Economic Area.

 

Description of the Service

Through the Service, you can contact other users designated by you to respond to an alert from you for help (each, an ÒAlertÓ). You can establish a list of the users who you would like to receive an Alert from you (a ÒResponse CircleÓ). You can add or remove users from your Response Circle in your sole discretion. You can also accept or deny a request to be a part of another userÕs Response Circle in your sole discretion.

 

When an incident occurs, you can create an Alert and select the appropriate category of request for help and designate where the help is needed, and then send the Alert to the users in your Response Circle. The users in your Response Circle can then communicate with each other through the Service to coordinate a response to your Alert. The location of each person in your Response Circle will be visible to all others in your Response Circle. You may also publish your Alert to your Facebook contacts. If you do, each person on your Facebook accountÕs contact list will be able to see and respond to the Alert.

 

In addition, while an incident is happening for which you have a send an Alert, your mobile device that you use to access the App will take pictures from the front and back cameras on the device. A word board will also appear on the screen of your mobile device or computer that you may use to tap messages to your Response Circle.

You are responsible for your use of the Service, including any content you provide in an Alert or a response to an Alert. Guardian does not represent or warrant that any userÕs Alert or response is accurate or complete, or that a user in your Response Circle will be able to help you.

 

PLEASE USE COMMON SENSE. THE SERVICE IS NOT A SUBSTITUTE FOR 9-1-1 EMERGENCY SERVICES. YOUR ALERT WILL GO TO YOUR RESPONSE CIRCLE AND NOT TO POLICE, FIRE, AMBULANCE OR OTHER SIMILAR SERVICES. IF YOU ARE EXPERIENCING AN INCIDENT THAT MAY REQUIRE ASSISTANCE FROM POLICE, FIRE, AMBULANCE OR OTHER SIMILAR SERVICES, PLEASE CALL 9-1-1 INSTEAD OF OR IN ADDITION TO SENDING AN ALERT TO YOUR RESPONSE CIRCLE. GUARDIAN WILL HAVE NO LIABILITY TO YOU OR YOUR FAMILY, FRIENDS, REPRESENTATIVES, GUARDIANS, HEIRS OR ASSIGNEES FOR YOUR DECISION TO NOT CALL 9-1-1.

 

Creating Accounts

You must be over 13 to create an account. When you create an account you must maintain the security of your password and accept all risk that someone may access your account without your permission.  If you discover or suspect any Service security breaches, please let us know as soon as possible. You represent and warrant to us that all information that you provide in connection with your account is accurate, truthful, current and complete. Guardian reserves the right to deny any account at our discretion.

 

Fees

The App is free to download, and there are currently no fees to access and use the Service.

 

Right to Use the Service

On the condition that you fully comply with these Terms, Guardian grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Service for your own personal, non-commercial use. However, the App may only be used on mobile devices that you own or control. The terms of this license will also govern any upgrades provided by Guardian that replace and/or supplement the original App, unless the upgrade is accompanied by a separate license, in which case the terms of that license will govern.

Except as expressly authorized by these Terms, you may not (a) modify, disclose, alter, translate or create derivative works of the Service, (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Service, (c) disassemble, decompile or reverse engineer any of the software components of the Service, (d) copy, frame or mirror any part of the Service, (e) interfere with or disrupt the integrity or performance of the Service, or (f) attempt to gain unauthorized access to the Service or its related systems or networks.

 

Prohibited Use of the Service

You may not post or otherwise make available on or through the Service any of the following:

-   Private information of any other persons that you do not have permission to share (including names, email addresses, phone numbers, Social Security numbers and financial information);

-   Content that is libelous, defamatory, abusive, offensive or hateful;

-   Content that is obscene, pornographic, indecent or sexually explicit, depicts graphic, excessive or gratuitous violence;

-   Content that is illegal, harmful or offensive or that would encourage, solicit, foster, glorify or provide instructions for any criminal or civil offense;

-   Content that may infringe, misappropriate or violate any intellectual property rights, rights of privacy, rights of publicity or any other rights of others;

-   Viruses, corrupted data or other harmful, disruptive or destructive files or code;

-   Content that, in GuardianÕs judgment, is objectionable, may restrict or inhibit another from enjoying the Service or may expose Guardian or users of the Service to harm or liability of any type; and/or

-   Content that you are contractually or legally required to keep confidential.

Also, you may not do any of the following in connection with the Service or other users:

-   Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service;

-   Collect any personal information about other users;

-   Intimidate, threaten, stalk, bully or otherwise harass other users;

-   Post spam or commercial messages through the Service;

-   Create an account or any Alert if you are not over 13 years of age;

-   Use the Service for any illegal or unauthorized purpose or to engage in, encourage or promote any activity that is unlawful or that violates these Terms; or

-   Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, its users, or third parties.

 

Your use of the Service is at your own risk. Guardian is not responsible or liable for the conduct of, or your interactions with, any other users (whether online or offline) including without limitation or for any related damage or harm. As a provider of interactive services, Guardian is not liable for the content of any Alerts or responses to Alerts. Although we have no obligation to screen, edit or monitor Alerts or responses thereto, we reserve the right, and have the discretion, to screen, edit or remove any Alerts or responses at any time, for any reason and without notice.

 

Reporting and Removal

Guardian users may report content to Guardian that they think violates these Terms, and Guardian may remove such content, suspend or terminate the account of the user who posted or otherwise made available such content and/or take additional action to enforce these Terms against such user.

Also, in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Guardian has adopted a policy of terminating, in appropriate circumstances and at GuardianÕs sole discretion, subscribers or account holders who are deemed to be repeat infringers. Guardian may also at its sole discretion limit access to the Service or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that anything on the Service infringes upon any copyright that you own or control, you may file a notification with GuardianÕs Designated Agent as set forth below:

 

Designated Agent:

 

Mark Jeffrey_Address of Designated Agent:

 4712 Admiralty Way

#782

Marina Del Rey, CA 90292_

 

Email Address of Designated Agent: DMCA@guardiancircle.com_

 

Phone number of Designated Agent: (310) 431-9775

 

Please see 17 U.S.C. ¤ 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneysÕ fees, incurred by Guardian or the alleged infringer as the result of Guardian relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

 

GuardianÕs Rights

As between you and Guardian, all information, materials and content of the Service, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned by Guardian or is used with permission. When you create, share, link to, or otherwise make available any Alerts or responses to an Alert, you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Alerts and responses throughout the world in any manner or media, on or off the App. Guardian reserves all rights not expressly set forth in these Terms. You hereby irrevocably waive in favor of Guardian any and all moral rights that you may possess in or to any Alerts.

 

Feedback

Any suggestions, comments or other feedback you give us about the Service (the ÒFeedbackÓ) will constitute our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this Feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.

 

Location Information

The Service collects location information and it will be used and disclosed as set forth in the Privacy Policy.

You acknowledge and agree that by accepting these Terms or using the Service you affirmatively consent to GuardianÕs collection, use, disclosure and storage of your location information.

 

You may revoke your consent with respect to GuardianÕs collection, use, disclosure and storage of your location information at any time by contacting consent@guardiancircle.co and deleting the App from your mobile device. Please know that if you revoke your consent by doing one of the foregoing or you delete or deactivate your account, we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period.

If you consent to our collection of location information and you do not subsequently stop the collection of this location information, Guardian will continue to collect this location information.

If you consent to our collection of location information, subsequently stop the collection of this location information and later consent to the collection of this location information, Guardian will resume the collection of location information.

 

Guardian takes reasonable measures to protect your location information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.

 

Disclaimers

EXCEPT AS REQUIRED OTHERWISE OF GUARDIAN BY APPLICABLE LAW, THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING ALERTS) ARE PROVIDED TO YOU ON AN ÒAS IS,Ó ÒAS AVAILABLEÓ BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ANY AND ALL OTHER WARRANTIES, CONDITIONS, AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), AND ALL OTHER TERMS WHICH MAY BE IMPLIED INTO THESE TERMS BY LAW, WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING ALERTS).

 

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL GUARDIAN BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROPERTY, PHYSICAL LOSSES, DEATH OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE (INCLUDING, THE APP AND ANY ALERT), AND/OR THIRD-PARTY SERVICES OR MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF GUARDIAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

FOR ANY LOSS OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE TOTAL LIABILITY OF GUARDIAN AND ITS DIRECTOR, EMPLOYEES, AGENTS, AFFILIATES AND INVESTORS WILL NOT EXCEED $100.

 

Indemnification

You will defend, indemnify, and hold us harmless from and against any actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneysÕ fees, costs, penalties, interest, and disbursements) arising from or related to any conduct with respect to the Service or violation (or alleged violation) of these Terms or the rights of any third party by you or any person using your Guardian account.

 

Third Party Software

The software you download consists of a package of components, including certain third party software provided under separate third party license terms. Your use of this third party software in conjunction with the App in a manner consistent with the terms of these Terms is permitted, however, you may have broader rights under the applicable third-party license terms, and nothing in these Terms is intended to impose further restrictions on your use of this third-party software.

 

Changes to the Service

Guardian reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Service and/or any features, information, materials or content on the Service with or without providing notice to you. Guardian will not be liable to you or any third party for any changes or discontinuance of the Service or any part of the Service.

 

Consent to Electronic Communications

By using the Service, you agree that we may communicate with you electronically regarding your use of the Service and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at consent@guardiancircle.com.

 

Suspension and Termination

Guardian may suspend or terminate your rights to access or use the Service (including the App) for any reason or for no reason at all and with or without notice at GuardianÕs discretion. Suspension or termination may include restricting access to and use of the App. All of the terms of these Terms (excluding the license grant) will survive any termination or suspension.

 

Governing Law; Arbitration

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH GUARDIAN AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM GUARDIAN.

 

These Terms shall be governed by and construed in accordance with the laws of the State of California and the United States of America, without resort to any conflict of law provisions.

In the event of any controversy or claim arising out of or relating in any way to these Terms or the Service, you and Guardian agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other demand mediation under the mediation rules of the American Arbitration Association in Los Angeles, California. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation, but you and Guardian are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Whether the dispute is heard in arbitration or in court, you and Guardian will not commence against the other a class action, class arbitration or other representative action or proceeding.

If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in Los Angeles, California. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys' fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.

 

For any disputes that are not handled by arbitration, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Los Angeles County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms or the use or the Service.

 

General

Enforcement of these Terms is solely at GuardianÕs discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. The section headings of these Terms are for reference purposes only and will not affect the meaning or interpretation of these Terms.

These Terms (and the other policies and terms referred to above) make up the entire agreement between you and us regarding the Service, and they supersede any prior agreements that may have been made.

 

Contact Us

If you have any questions about these Terms, please email us at contact@guardiancircle.com or send a letter to:

Guardian Circle, Inc.

4712 Admiralty Way, #782

Marina Del Rey, CA 90292

 

Notice for California Users

If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to theaddress above with your electronic mail address and a request for these Terms. Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

 

Notice Regarding the Application Store Provider 

Notwithstanding any terms to the contrary in these Terms, the following additional terms will apply to the download of the App for use on your mobile device:

 

Application Store Providers. You and Guardian acknowledge that the Terms are solely between you and Guardian, and not with Apple Inc., Google Inc., BlackBerry Limited, Microsoft Corp. or any other application store provider (each, an ÒApplication Store ProviderÓ), and that Guardian, not the Application Store Provider, is solely responsible for the Service, the content thereof, maintenance, support services and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). You acknowledge and agree that the availability of the App is dependent on the third party from which you received the App. You agree to pay all fees charged by the Application Store Provider in connection with the App (if any). You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the applicable Application Store ProviderÕs Terms of Service (ÒUsage RulesÓ) as of the date you download the App. In the event of any conflict between the terms and conditions of the Usage Rules and the terms and conditions of these Terms, the terms and conditions of the Usage Rules will govern if they are more restrictive.

 

Scope of License. The license granted to you is limited to a non-transferable license to use the App on a mobile device that you own or control as permitted by the applicable Usage Rules.

 

Maintenance and Support. Guardian is solely responsible for providing maintenance and support services with respect to the App. You acknowledge and agree that the Application Store Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

 

Warranty. You acknowledge and agree that the Application Store Provider is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify the Application Store Provider, and the Application Store Provider will refund the purchase price, if any, paid to the Application Store Provider for the App by you, and to the maximum extent permitted by applicable law, the Application Store Provider will have no other warranty obligation whatsoever with respect to the App. You also acknowledge and agree that to the extent that there are any applicable warranties, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty, such will be the sole responsibility of Guardian. However, you understand and agree that, in accordance with these Terms, Guardian has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App, except those implied by law.

 

Product Claims. You and Guardian acknowledge and agree that as between the Application Store Provider and Guardian, Guardian, not the Application Store Provider, is responsible for addressing any of your claims or any third party claims relating to the App or your possession and/or use of the App, including, but not limited to (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.

 

Intellectual Property Rights. You and Guardian acknowledge and agree that, in the event of any third party claim that the App or your possession and use of the App infringes that third partyÕs intellectual property rights, Guardian, and not the Application Store Provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.

 

Legal Compliance. You represent and warrant that (a) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. Government as a Òterrorist supportingÓ country, and (b) you are not listed on any U.S. government list of prohibited or restricted parties.

 

Developer Name and Address

Any end-user questions, complaints or claims with respect to the App should be directed to:

Guardian Circle, Inc.

4712 Admiralty Way #782

Email: contact@guardiancircle.com

 

Third Party Beneficiary. The parties acknowledge and agree that the Application Store Provider, and the Application Store ProviderÕs subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, the Application Store Provider will have the right (and will be deemed to have accepted the right) to enforce any of the terms and conditions of these Terms against you as a third party beneficiary thereof.