GUARDIAN ZONE TERMS & CONDITIONS
This set of Guardian Zone Terms & Conditions (this “Terms & Conditions”) applies to any and all use of (1) the Guardian Zone website at http://http://www.guardianzone.com/ and all affiliated websites owned and operated solely by Guardian Zone (collectively, the “Guardian Zone Site”), (2) the safety notification services made available by Guardian Zone through the Guardian Zone Site, any Guardian Zone-branded application for your mobile or other device (each, a “Guardian Zone Application”), and any other online properties of Guardian Zone or third parties, as described in Part I below (the “a”), and (3) any other services or features made available by Guardian Zone through the Guardian Zone Site or any Guardian Zone Application. Together, the items in (1) through (3) are referred to herein as the Guardian Zone Services (“Services”).
In this Terms & Conditions, “Guardian Zone” and “we“ mean Guardian Zone, LLC., a Texas limited liability corporation, and/or “User” and “you” mean any user of the Services. This Terms & Conditions incorporates Guardian Zone’s standard policies, procedures, and terms and conditions for use of the Services that are referenced by name or by links in this Terms & Conditions (collectively, the “Guardian Zone Policies”).
By accessing or using the Services or clicking “accept” or “agree” to this Terms & Conditions, (1) you acknowledge that you have read, understand and agree to be bound by this Terms & Conditions, and (2) you represent and warrant that you are at least eighteen
- years old and are not prohibited by law from accessing or using the Services. THIS TERMS & CONDITIONS CONTAINS, AMONG OTHER THINGS, LIABILITY AND INDEMNITY PROVISIONS AND AN ARBITRATION PROVISION CONTAINING A CLASS ACTION
Guardian Zone may update or revise this Terms & Conditions (including any Guardian Zone Policies) from time to time without any prior notice to User. You agree that you will review this Terms & Conditions periodically. You are free to decide whether or not to accept a modified version of this Terms & Conditions, but accepting all of these Terms & Conditions, as modified from time to time, is required for you to continue using the Services. You may have to click “accept” or “agree” to show your acceptance of any modified version of
this Terms & Conditions. If you do not agree to the terms of this Terms & Conditions or any modified version of this Terms & Conditions, your sole recourse is to immediately terminate your use of the Services, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated by Guardian Zone, any use of the Services (e.g., to use the Reservation Services) is subject to the version of this Terms & Conditions in effect at the time of use.
“Services” means the Guardian Zone Services. Collectively the website at guardianzone.com (the “Site”) and the Guardian Zone Android and iOS mobile device applications (the “App”) or any other products provided by Guardian Zone, LLC.
“User” means any individual who is in contact with the Services, whether registered or not. All Users are bound by these Terms and Conditions whether registered or not.
“Registered User” means any individual who has contacted the Services, provided the required information and completed the steps necessary to create an account.
“Venue” means any Registered User who has created and manages a property listed in and contactable through the Services whether the owner, renter, or employee of the owner of that property. By creating and publishing a Property within the Services Venues, such a Registered User attests that he is the owner, or authorized person, having authority to operate on and transmit notifications related to the listed property.
“Property” means a property which has been input into the Services and is associated with a Venue.
“PII” means “Personally Identifiable Information”. PII is information about you that can be used to contact or identify you, and information on your use of, and activities through, our Services that may be connected with you.
Part I – User Services
- Communication of Information. Guardian Zone provides the Services to Users for the sole purpose of providing Users with the capability to exchange information related to safety and security with Venues and other Users. A User may communicate directly with the applicable Venue to send or receive information related to potential security and/or safety concerns related to that Venue and its immediate surroundings. The Venue may send mass notifications to Users on or near the Property associated with the Venue. The content of any and all communications transmitted through the Services are generated by Users and Venues, and Guardian Zone makes no representation or warranty (i) regarding the accuracy of any data provided by any User or received from any Venue. Each Venue is an independent third party and is not under the control of Guardian Zone. Guardian Zone is not a guarantor, agent, or otherwise affiliated with any Venue. You acknowledge that each Venue may have its own policies, terms, and conditions.
In furtherance of (and not in any limitation of) the above, you hereby acknowledge and agree that notwithstanding the assistance that the Services provide to you, the ultimate decisions to utilize, and how to utilize, the information provided by the Services remains and is your sole decision made at your sole discretion, and you hereby agree to assume any risk inherent in utilizing the Services. For the avoidance of doubt, Guardian Zone does not in any way provide venue security services or personal security services of any kind, and does not operate any Properties or Venues. FURTHER, GUARDIAN ZONE ASSUMES NO DUTY, RESPONSIBILITY OR LIABILITY FOR 1) THE SAFETY OF ANY PERSON, PROPERTY AT ANY LOCATION OR 2) THE ACTUAL AVAILABILITY OF SECURITY SERVICES AT ANY LOCATION. USE OF ANY GUARDIAN ZONE APPLICATION WILL IN NO WAY BE CONSIDERED A WARRANTY, GUARANTEE, OR OTHER REPRESENTATION THAT A SECURITY SERVICE IS AVAILABLE AT ANY LOCATION AT ANY GIVEN TIME. GUARDIAN ZONE DISCLAIMS ANY AND ALL LIABILITY FOR DAMAGES, DELAYS, OR OTHER CONSEQUENCES THAT MAY ARISE IF A VENUE SECURITY SERVICE IS UNAVAILABLE, IF INFORMATION IS UNAVAILABLE OR INCORRECT, OR IF A GUARDIAN ZONE APPLICATION OTHERWISE ERRS OR MALFUNCTIONS.
- COVID-19: Express Notice of Guardian Zone LLC Use and Limited Providing of Access to PII Including Device Location Information for COVID-19 Contact Tracing. We are committed to contributing towards reasonable efforts to ensure public health and safety in all forms. Consistent with Guardian Zone’s commitment to ensuring public health, Guardian Zone LLC uses and grants limited access to PII, including personal device location information, for the limited purposes of tracing contacts where information about the location of our Users is requested by public health authorities. Grants of access to PII are conditioned upon authorities using the information solely for investigation of contacts tracing where COVID-19 infections are known or investigated. Any grant of access to the PII to authorities for contacts tracing purposes includes express protection for the confidentiality of Users, by prohibiting any uses of the information for purposes other than COVID-19 contacts tracing. In the event that You object to our use of PII for COVID-19 contacts tracing, delete the App from your device and, if you have a Registered User account, then delete the account or notify [email protected] and instruct us to delete the account on your
- Usage Guidelines. User agrees to use the Services only to communicate information related to safety and security to other Users, including information relevant to Venues and their associated Property. Communications containing fraudulent or inaccurate information, or information intended to cause distress of a person without reasonable cause is grounds for, among other things, termination of your access to the Services. Guardian Zone expressly reserves all its rights and remedies under applicable state and federal laws. Guardian Zone reserves the right, in its sole discretion, to refuse service, terminate User accounts, and remove or edit You also agree not to use the Services to solicit or offer goods or services of any kind to Venues or other Users.
- Damage to Person or Property. By agreeing to the terms of this Terms & Conditions, you acknowledge that Guardian Zone is not the owner or operator of any property associated with a Venue via the Services and is not responsible for any damage or loss to property or person that may occur while you are on the Venue’s property or engaged in communications with the Venue. All User actions are taken at your own risk. If you have a claim related to interaction with a Venue or a Venue’s Property, you agree to first attempt to resolve the matter directly with the Venue. If the matter cannot be resolved through direct contact with the Venue, you may contact Guardian Zone customer service to record your case so that we can assess the situation and offer recourse where Guardian Zone, in its sole discretion, deems such necessary. Guardian Zone does not provide any insurance coverage and will not indemnify any User at any
Part II – Venue Services
- Appointment as Agent of Venue. By creating a Property in the Services and becoming a Venue, you appoint Guardian Zone as your agent for the limited purposes of connecting your Venue with Users in the geographic area of the
- Legal Right to Operate By using the Services to list a Property, you are attesting that you are the legal owner/operator of the Property or have actual authority to handle safety and security concerns regarding the Property. It is your responsibility to be aware of and abide by all local laws, codes, or HOA and neighborhood policies. Guardian Zone is no way responsible for any liability or repercussions stemming from your failure to make yourself aware of and abide by your local laws and regulations.
- Usage Guidelines. As a Venue, you agree not to contact or attempt to contact Users via the Service with intent to solicit or offer Users goods or services of any kind beyond transmission of information related to safety and security
- Damage to Person or Property. Although Guardian Zone, at its sole discretion by intentional action or otherwise, may undertake actions that provide or reduce, or attempt to provide or reduce, information or actions by Venue security or persons which may result in some users and/or property of some users is being made safe from damage or harm in relation to a Venue, but by agreeing to these terms, you acknowledge that Guardian Zone is not responsible, and shall not be responsible, and has not undertaken any duty or responsibility, to reduce, control, avoid, prevent, predict or communicate in relation to or for any damage or loss to property or person, or any User or Venue, that may occur while Guardian Zone Services are in use by any Users at a Venue, or in use by any Venue or personnel, or while any person is present at any Property. You acknowledge that Guardian Zone cannot and does not guarantee in any way or to any degree whatsoever the actual security or safety of you, your property, any persons, any Users, any Venue or any Property. If you are injured, or your property is damaged, by any person or another Guardian Zone user, you agree to first attempt to resolve the matter with the If the matter cannot be resolved through direct contact with the user, you may contact Guardian Zone Customer service to record your case so that we can assess the situation and offer recourse where possible and where we deem necessary. Guardian Zone does not agree to indemnify you for any injury, damage or loss, and does not provide any insurance coverage for the benefit of any User or persons at any time. You are solely responsible for obtaining and maintaining desired insurance coverage necessary to visit and use any Venue or operate your Property for use by others.
Part III – Terms for All Services
- Access to the Services. At present the Services are free to access, but in order to access a majority of the features offered in the Services, you will be required to submit basic personal information. Some information that you will be asked to submit, and that you may choose to submit if you choose to use the Guardian Zone Services, may be Personally Identifiable Information (“PII”).
- Your Account. You are required to create an account with Guardian Zone through the Guardian Zone Site or Guardian Zone Application (“Account”) in order to use the Services. You are not permitted to register or maintain more than one (1) We reserve the right to suspend or delete your Accounts if we believe that you are maintaining multiple Accounts or believe you have breached this Terms & Conditions in any way. When registering for an Account, you must provide true, accurate, current and complete data about yourself on the Guardian Zone registration form. You agree that you will not falsify any information about your identity, or impersonate another identity, or create an account with a fictitious identity. You also agree to promptly update your Account data to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Account and the information in your Account, and you are solely responsible for all use of your Account, whether or not authorized by you. You agree to immediately notify Guardian Zone of any unauthorized use of your Account or any other breach of security related to your use of the Services. Guardian Zone will not be liable for any misuse or unauthorized access to any User’s Account.
Services include, but are not limited to: Email, SMS, in-app messaging, and web- based browser technology. In order to use the Guardian Zone Applications, you must maintain an active account with a carrier of electronic communications through mobile devices and you may not use a prepaid cellular phone to access the Services.
- User-Generated Content. The Services provide a platform for Users to create and publish content of their creation. By publishing and displaying content of any kind on the Guardian Zone Site or through the Guardian Zone Applications you thereby assign and transfer copyright, and all other rights to such content, to Guardian For the avoidance of doubt we are permitted to use any content posted by you to the Services for any of our business purposes. This right will still apply after the termination of your registration or membership. You may not use the Services for any unlawful purpose or any purpose that violates any local policies, or to publish any content that may, at Guardian Zone’s sole discretion, be deemed offensive, inaccurate, misleading, defamatory, fraudulent, or illegal. Users are not entitled to publish any content that could be construed as an advertisement or offer of good or services. User content may not be intentionally inaccurate or misleading, or designed to cause distress without reasonable cause. Guardian Zone reserves the right to remove any content from the Services at any time at our sole discretion and without notice.
- Complaints and Disputes Between Users. In the case of a dispute between you and another User, you agree that you will first attempt to resolve the matter through direct communication with the In the event that the dispute cannot be resolved through direct communication, you may file a support ticket and request that Guardian Zone assist in resolving the matter. By doing so you authorize Guardian Zone to deal with the dispute or complaint as we deem appropriate
disabled. The user interface and functionality may not be the same across all platforms and devices. Different operating systems and versions of operating systems may cause the Services to operate differently, and may impair some of the utility provided by the Services. Your access to the Services may be occasionally restricted or blocked to allow for repairs, maintenance, or the introduction of new features. In these cases, we will attempt to restore access as soon as reasonably possible. Any such interruptions to the Service shall not constitute a breach of these terms by Guardian Zone. Guardian Zone will not be responsible for any failure or inability to make good on an agreement between and yourself and another User caused by a technical difficulty, connection or communication issue, or any interruption of the Services.
- Modifications to Services. Guardian Zone reserves the right, in its sole discretion, to modify the Services from time to time and without any prior notice to User, including, without limitation, removing, adding, or modifying portions of the Guardian Zone Site, or Guardian Zone Guardian Zone shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to immediately cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of, and consent to, such changes and satisfaction with all the Services.
- Intellectual Property Rights and Grant of Rights to User. The features, information, and materials provided and depicted through the Services and on the Guardian Zone Site and Guardian Zone Application are protected by copyright, trademark, patent, and other intellectual property laws, and are the sole property of Guardian Zone. All text, graphic content, video, data, and other content made available through the Services (collectively, the “Guardian Zone Content”) are provided to User by Guardian Zone or its partners or licensors solely to support User’s permitted use of the Services. The Guardian Zone Content may be modified from time to time by Guardian Zone in its sole discretion and without notice to User. Except as expressly set forth herein, no license, right, or interest is granted to User for any other purpose, and any other use of the Services or the Guardian Zone Content by User shall constitute a material breach of this Terms & Conditions. Guardian Zone and its partners or licensors retain all rights in and to the Services, Guardian Zone Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights.
- Application License. Subject explicitly to the terms and conditions of this Terms & Conditions, Guardian Zone grants User a non-exclusive, non-transferable, revocable license to use the Guardian Zone Applications, in object code form only, on User’s compatible devices, solely to facilitate User’s permitted use of the Services. Users grant to Guardian Zone a perpetual, royalty free, worldwide license to any improvement to or created from, or derivative works based on the NOTICE OF RESTRICTIONS ON USE AND PENALTIES. UNLAWFUL CONDUCT, USE FOR AN ILLEGAL PURPOSE, USE FOR IMPROPER PURPOSE, USE IN VIOLATION OF THESE TERMS & CONDITIONS, OR ANY MISUSE WHICH MAY BE PUNISHABLE BY LAW, MAY RESULT IN PROSECUTION, LEGAL ACTION, CIVIL LIABILITY AND CRIMINAL PENALTIES INCLUDING FINES AND You acknowledge that any unlawful conduct, use for any illegal purpose, use for an improper purpose, use in violation of this Terms & Conditions, or any misuse which may be punishable by law, or in equity, may result in criminal prosecution, legal action against you, and imposition of civil liability and criminal penalties against you.
- The Services and Guardian Zone Content are offered solely for User’s personal only use for the purposes described and as limited and specified in this Terms & Conditions. Any and all other uses and purposes are prohibited. You agree, by the Services, whether by act or omission, , and you shall not allow or enable any third party), not to make, represent or communicate: (a) any threat to safety of any person, terroristic threat, false warning of any threat, any attempt to incite panic or riot, any attempt to terminate or interfere with an event at a Venue, any statement or action for (negative or positive) publicity or public relations, false statement, material false information or false communication to a Venue, users or persons (as used herein, false statements, material false information or false communications shall include, but are not limited to: an express or implied threat (whether or not such threat shall be true or false) to the safety of any person, users or Venue; a false statement of fact; a false statement attributing to any person(s) any threat(s) to the safety of any person, users or Venue; a false statement of your identity, appearance, location or intention to undertake any action; a false statement of the identity, appearance, location or actions of any other person; a request for assistance stating any falsehood; a false statement which a reasonable person would believe to request assistance of security personnel, law enforcement or public safety personnel); (b) use any robot, spider, scraper, or other automatic or manual device, process, or means to access the Services or copy any Guardian Zone Content except as expressly authorized by Guardian Zone; (c) take any action that imposes or may impose (in Guardian Zone’s sole determination) an unreasonable or a disproportionately large load on the Services or Guardian Zone’s infrastructure; (d) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (e) rent, lease, copy, provide access to, or sublicense any portion of the Services or Guardian Zone Content to a third party; (f) use any portion of the Services or Guardian Zone Content to provide, or incorporate any portion of the Services or Guardian Zone Content into, any product or service provided to a third party; (g) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only with advance notice to Guardian Zone); (h) modify any Services or Guardian Zone Content or create any derivative product from any of the foregoing; (i) remove or obscure any proprietary or other notices contained in the Services or Guardian Zone Content; (j) use the Services or Guardian Zone Content for any illegal or improper purpose; or (k) publicly disseminate information regarding the performance of the Services or Guardian Zone Content or access or use the Services or Guardian Zone Content for competitive analysis or benchmarking purposes.
- MISUSE AND SERVICE Misuse of the Guardian Zone Services is not authorized. Guardian Zone, LLC is not responsible, and disclaims liability, for misuse of the Services by You.
a. WARNING: Any Use of the Guardian Zone Application by You while operating a motor vehicle is misuse and is not authorized.
- WARNING – Do Not Use While Driving. You agree, represent, and warrant, so long as you use or access the Services you will not access, view, or use the Services while driving or otherwise operating a vehicle of any kind (including, without limitation, a car, truck, motorcycle, motor scooter, or bicycle) or operating any dangerous equipment or You
understand that using any handheld device in these circumstances is extremely dangerous, and can result in property damage, physical injuries (including dismemberment), or death. You further agree, represent and warrant, that you will not use or access the Services in any manner that places yourself or any other person at risk of injury, and that you will abide by all traffic laws. While effort is made to assure the accuracy of the information presented to the User, the User is solely responsible for safe driving and for the consequences of decisions as to where to travel, drive, or park. Under no circumstance will any of the Guardian Zone Parties (as defined below) assume any responsibility or liability for the consequences of driving decisions made by Users. You agree that no Guardian Zone Party shall be liable for any driving decisions made by you or at your suggestion, or for any damages, injury, or other harm caused by your use of or accessing the Services or Guardian Zone Content while driving, operating equipment or machinery, or otherwise in a dangerous and unsuitable manner, and you hereby waive any claims or causes of action you may have, now or in the future, arising from or relating to the same. IN THE EVENT THAT ANY PARTY NAMES ANY Guardian Zone PARTY AS A DEFENDANT IN A CASE INVOLVING YOUR USE OF THE SERVICES WHILE OPERATING A VEHICLE, YOU AGREE TO INDEMNIFY AND HOLD ANY SUCH Guardian Zone PARTY HARMLESS IN SUCH ACTION.
- – USE OF SERVICES OUTSIDE GUARDIAN ZONE PROTECTED GEOFENCES IS SUBJECT TO FUNCTION LIMITATIONS. When the App is used outside the area of a Guardian Zone Protected Geofence, at least two function limitations will be encountered. A first function limitation is that security personnel of a Venue, event or property located within the area of the Guardian Zone Protected Geofence will not, or may not, be notified of a distress communication from the device located outside the Guardian Zone Protected Geofence and thus will not, or may not, respond to your distress communication to provide assistance, or if notified may be prevented from responding due to limits imposed by Venue, event or property security policies. The second function limitation is that device location information outside the area of a Guardian Zone Protected Geofence is, or may, be less accurate, and may be inaccurate, so that your location determined by the Guardian Zone Services may be inaccurate and your emergency contacts may receive your distress call with less accurate, or inaccurate, information regarding your location, and public safety personnel may be dispatched based on this less accurate or inaccurate information about your location when outside the nearest Guardian Zone Protected Geofence.
- Government End Users. The Services constitute a “commercial item” as defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users of any the Services are licensed only as commercial items and with only those rights that are granted to all other Users pursuant to this Terms & Conditions.
- Export Control. You may not use, export, or re-export any of the Guardian Zone Applications, Guardian Zone Content, or other aspects of the Services (or any copy or adaptation of the foregoing) in violation of applicable law, including, without limitation, United States and foreign export laws and regulations. You represent and warrant that 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 “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted
- Termination. Guardian Zone may suspend your ability to use all or any element of the Services or may terminate this Terms & Conditions effective immediately, without any notice or explanation. Without limiting the foregoing, Guardian Zone may suspend your access to the Services if we believe you to be in violation of any part of this Terms & Conditions (including any associated Guardian Zone Policies). After any suspension or termination, you may or may not be granted permission to re- establish an Account, and you may lose access to and be unable to use any points accumulated towards any rewards program (if any) in effect at the time. You agree that Guardian Zone shall not be liable to you for any termination of this Terms & Conditions or for any effects of any termination of this Terms & Conditions. You are always free to discontinue your use of the Services at any time. You understand that any termination of your Account may involve deletion of any content you stored in your Account for which Guardian Zone will have no liability
- Reviews, Comments, Communications and Other Content. We appreciate hearing from you. The Services may permit you to submit reviews, comments, and ratings; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to Users and other third parties (“User Content”). You are solely responsible for all User Content you generate (and for your Account generally). Any such User Content must not be illegal, malicious, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, false, inaccurate, or otherwise injurious to third parties (including, but not limited to, any content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, , unless you are the owner of such rights or have the appropriate permission for their rightful owner to specifically submit such content), or otherwise objectionable, and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations (e.g., foreign objects in food, food poisoning, etc.). You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. Guardian Zone reserves the right (but has no obligation) to monitor, remove, or edit User Content in Guardian Zone’s sole discretion, including if the User Content violates this Terms & Conditions (including any associated Guardian Zone Policies), but you acknowledge that Guardian Zone may not regularly review submitted User Content. If you do submit User Content, please be aware that unless we indicate otherwise, you grant Guardian Zone a nonexclusive, perpetual, royalty-free, irrevocable, and fully transferable right to use,
modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such content throughout the world in any media.
Guardian Zone takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party.
You agree to indemnify and hold any Guardian Zone Party harmless in the event Guardian Zone is named as a defendant in an action related to your User Content and you hereby affirm that we have the right to determine whether any of your User Content submissions are appropriate and comply with this Terms & Conditions, to remove any and/or all of your submissions, and to terminate your Account with or without prior notice. You understand and agree that any liability, loss, or damage that occurs as a result of any of the use of any User Content that you make available or access through your use of the Services is solely your responsibility. Guardian Zone is not responsible for any public display or misuse of any User
Content. Guardian Zone does not, and cannot, pre-screen or monitor all User Content; however, at our discretion, we, or technology or agents we employ, may monitor and/or record your interactions with the Services and your submission(s) of User Content.
- Your Representations and Indemnity. You represent and warrant that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by Guardian Zone and its other Users, partners, and licensees will not violate this Terms & Conditions, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at Guardian Zone’s request) defend Guardian Zone, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “Guardian Zone Parties”) from and against all claims resulting from (a) any User Content submitted by you, (b) your use of the Services or (c) any breach or alleged breach by you of this Terms &
- Liability Limitations. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY SPECIFIED BELOW WITH RESPECT TO GUARDIAN ZONE GIFT CARDS AND MERCHANT GIFT CARDS, IN NO EVENT SHALL THE GUARDIAN ZONE PARTIES BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (A) THIS TERMS & CONDITIONS; (B) ANY USE OF THE SERVICES, THE GUARDIAN ZONE CONTENT OR THE USER CONTENT;
- ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE RESERVATION SERVICES); OR
- YOUR VISIT TO ANY PROPERTY OR THE PERFORMANCE, NON- PERFORMANCE, CONDUCT, OR POLICIES OF ANY HOLDER OR MERCHANT IN CONNECTION WITH THE SERVICES. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE
GUARDIAN ZONE SITE OR GUARDIAN ZONE APPLICATIONS BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE GUARDIAN ZONE CONTENT. GUARDIAN ZONE IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY VENUE.
You and Guardian Zone understand and agree that the disclaimers, exclusions, and limitations in this Section 19 and in Section 20 below are essential elements of this Terms & Conditions, and that they represent a reasonable allocation of risk. In particular, you understand that Guardian Zone would be unable to make the Services available to you except on these terms and hereby agree that this Terms & Conditions will survive and apply even if any limited remedy specified in this Terms & Conditions is found to have failed its essential purpose.
- Disclaimer of Warranties. THE SERVICES, ALL GUARDIAN ZONE CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO USER ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. GUARDIAN ZONE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE OR TRADE USAGE. GUARDIAN ZONE DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT GUARDIAN ZONE WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES FOR ACCURACY, THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS, OR THAT GUARDIAN ZONE WILL REVIEW AND POLICE THE USER CONTENT. GUARDIAN ZONE SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, VIRUSES CONTAINED IN ANY USER CONTENT, THE GUARDIAN ZONE SITE, GUARDIAN ZONE APPLICATION OR ANY GUARDIAN ZONE COMMUNICATION, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF GUARDIAN
THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Links to/from Third-Party Websites. The Services may contain hypertext links to/from websites operated by parties other than Guardian Such hypertext links are provided for User’s reference only, and Guardian Zone does not control such websites and is not responsible for their content. Neither these third party sites, nor any of the contents thereof or promotions, materials, information, or goods or
services available thereon, are in any way investigated, monitored, or checked for accuracy, appropriateness or completeness by Guardian Zone. Guardian Zone’s inclusion of any hypertext links to/from such websites does not imply any endorsement of the material on such websites or any association with their operators. Guardian Zone assumes no liability whatsoever for any such third-party websites or any content, features, products, or services made available through such third-party websites. If you decide to leave the Guardian Zone Site or Guardian Zone Application, as applicable, and access any such third party sites or to use or install any third-party applications, software or content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Guardian Zone Site (or Guardian Zone Application) or relating to any applications you use or install from any such site.
- Release. Venues are solely responsible for their interactions with Users and you, and any and all claims, injuries, illnesses, damages, liabilities and costs (“Claims”) suffered by you or any third party as a result of your interaction with or visit to any YOU HEREBY RELEASE THE GUARDIAN ZONE PARTIES FROM ANY AND ALL SUCH CLAIMS. IN CONNECTION WITH THE FOREGOING, YOU HEREBY WAIVE ANY CIVIL CODE WHICH STATES DIRECTLY OR INDIRECTLY: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby expressly waive and relinquish all rights and benefits under this section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the Guardian Zone Parties pertaining to the subject matter of this Section 36.
- Notify Us of Infringers. We will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). In response to a valid notice (as described below) we will remove any allegedly infringing content from the Services and will take reasonable steps to contact the provider of the removed content so that a counter-notification may be filed. Upon receipt of a valid counter-notification, we will evaluate the counter-notification and determine whether to restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. If you believe any of the Services violate your copyright, notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this
Copyright infringement notices must: (a) provide your physical or electronic signature; (b) identify the copyrighted work that you believe is being infringed; (c) identify the item that you think is infringing your work and include sufficient information about where the material is located so that we can find it; (d) provide us with a way to contact you, such as your address, telephone number, or email; (e) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used on the Services; (f) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed; and (g) be sent to Guardian Zone’s copyright agent at the following address:
Guardian Zone, LLC – Copyright Enforcement
o Hunt Pennington Kumar & Dula Pllc 609 Castle Ridge Road, Suite 315
Austin, TX 78746 [email protected]
- Severability. If any part of this Terms & Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and Agreement shall continue in effect
- Assignment. This Terms & Conditions, and the rights granted and obligations undertaken hereunder, may not be transferred, assigned or delegated in any manner by a User, but may be freely transferred, assigned, or delegated by Guardian
- Waiver. Any waiver of any provision of this Terms & Conditions, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or
- Mandatory Arbitration and Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of controversies) between you and the Guardian Zone Parties or their successors or assigns shall exclusively be settled through binding and confidential arbitration in Travis County, Texas.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator, certified by the American Arbitration Association (“AAA”), with substantial experience in resolving commercial contract disputes. As modified by this Terms & Conditions, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related
Disputes (collectively, the “Rules and Procedures”).
You and Guardian Zone must abide by the following rules: (a) ANY CLAIMS
BROUGHT BY YOU OR GUARDIAN ZONE MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE
ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS,
MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) the
arbitrator shall honor claims of privilege and privacy recognized at law; (d) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (e) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (f) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
Notwithstanding the foregoing, either you or Guardian Zone may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Travis County, Texas. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Travis County, Texas in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Travis County, Texas for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
With the exception of subparts (a) and (b) in this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (a) or
(b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Guardian Zone shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court located in Travis County, Texas.
For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website
- Choice of Law. The Services are operated by a U.S. entity, and this Terms & Conditions is made under and shall be governed by and construed in accordance with the laws of the State of Texas, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
- General Terms. You agree that no joint venture, partnership, or employment relationship exists between you and any of the Guardian Zone Parties as a result of
agreeing to this Terms & Conditions or use of the Services. Further, no joint venture, partnership, or employment relationship exists between any of the Guardian Zone Parties and any Venue. Our performance of this Terms & Conditions is subject to existing laws and legal process, and nothing contained in this Terms & Conditions limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use. A printed version of this Terms & Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters, and/or data mentioned within the Services are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are expressly reserved.
- Entire Agreement. Notwithstanding any agreements or terms expressly incorporated by reference in this Terms & Conditions, this Terms & Conditions constitutes the entire agreement between the parties. This Terms & Conditions (as it may from time to time be amended, restated, or otherwise modified) supersedes any prior agreements, understandings, or negotiations, whether written or
REVISION DATE: June 18, 2020
Revised: June 18, 2020
Effective: June 18, 2020
Section I. General Provisions Regarding Privacy
“Services.” The Guardian Zone Services (“Services”) include, collectively, the website at guardianzone.com (the “Site”) and the Guardian Zone Android and iOS mobile device applications (the “App”), and any services or products provided by Guardian Zone, LLC.
“User.” Any individual who is in contact with the Services, whether registered or not. All Users are bound by these Terms and Conditions whether registered or not.
“Registered User.” Any individual who has contacted the Services, provided the required information and completed the steps necessary to create an account.
“Venue.” Any Registered User who has created and manages a property listed in and contactable through the Services whether the owner, employee or authorized representative of the owner of that property. By creating and publishing a Property within the Services Venues indicate and attest they own or have obtained the right to operate on and transmit notifications related to the listed property.
“Property.” A property which has been input into the Services and is associated with a Venue.
“PII.” “Personally Identifiable Information”. Information about you that can be used to contact or identify you, and information on your use of, and activities through, our Services that may be connected with you
1. The PII We Collect.
In the course of using the Services, you may provide us with PII. PII that we collect may include, but is not limited to, your first and last name, password, mobile number, email address, billing information, vehicle information, details regarding any transaction you make or action you take using the Services, location, and information voluntarily given to us by you. PII may also include information you supply to us concerning your location, preferences, and interests expressed in the course of use of the Services. It is not compulsory that you provide any of the above information; however, if you choose not to, you will not be able to register as a user of the Services and will not have access to certain information and features or capability to conduct any transactions with other Guardian Zone users.
- Log Data. Our servers automatically record information about how Users (both account holders and non-account holders) use our This information, referred to as “Log Data,” may include, but is not limited to, your computer’s Internet Protocol address, browser type, operating system, the web page you were visiting before you accessed our Services, the pages or features of our Services that you browsed and the time spent on those pages or features, search terms, the links on our Services that you clicked, and statistics related to your use of the Services. We use Log Data to administer the Services and to analyze (or have third parties analyze) the Log Data to improve, customize, and enhance our Services by expanding their features and functionality and tailoring them to our users’ needs and preferences.
- Web Beacons. “Web Beacons” (also known as clear gifs) are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with cookies, to track and measure the performance of our Services, to monitor how many visitors view our Services, and to monitor the effectiveness of our advertising. Unlike cookies, which are stored on the user’s hard drive, web beacons are typically embedded invisibly on web pages (or in an e-mail).
- Location Information. When you use the Services, we may collect and store information about your location by converting your IP address into a geographic location, or by accessing your device’s GPS coordinates or course location if you enable location services on your device. We may use location information to improve and personalize our Services for you. You may opt to not allow us to use your device’s location, but doing so may prevent you from being able to use some or all of features provided by the
- Property Data. In order to become a Venue, you will be required to create a In order to create and publish a Property you will be required input information specific to the Property including but not limited to address, property type, business name, business type, property features, and hours of operation.
- User The Services provides a means for other Registered Users to rate your performance and behavior as a Venue or User. We will aggregate and store this information.
2. Information Sharing and Disclosure.
- Information We Disclose with Your Consent or at Your We will display portions of your PII in your profile page and elsewhere through the Services according to the preferences you set in your account. Any information you choose to provide should reflect how much you want all other Guardian Zone users to know about you. We may share your PII with third-party sites or platforms, such as social networking sites, if you have requested that we do so.
- Information Shared with Services Providers and Analysts. We may engage third- party services providers to work with us to administer and provide the Services. These third- party services providers may have access to your PII only for the purpose of performing services on our behalf and are expressly obligated by agreement, statute and/or applicable regulations not to disclose or use your PII for any other purpose. We may share aggregated information and non-identifying information with third parties for purposes that include, but are not limited to, industry research and analysis, demographic profiling, and other similar
- Information Disclosed in Connection with Business Transactions. Information that we collect from our Users, including PII, is considered to be a business asset. As a result, if we go out of business, enter bankruptcy, or are acquired as a result of a transaction such as a merger, acquisition, or asset sale, your PII may be disclosed or transferred to the third-party acquirer in connection with the transaction. In such an event we will take the steps we deem appropriate to ensure that your privacy rights remain
- Information Disclosed to Protect Us and Others. We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials, or private parties as we, in our sole discretion, believe necessary or appropriate to: (a) respond to claims, or legal process (including subpoenas); (b) protect our property, rights, safety, and the property, rights, and safety of a third party or the public in general; and (c) stop any activity that we consider illegal, unethical, or legally
3. Changing or Deleting Your Information.
All Registered Users may review, update, correct, or delete the PII provided in their registration or account profile by contacting us at [email protected] or by changing their user profile information. If you completely delete all such information, then your account may become deactivated.
We take reasonable administrative, physical, and electronic measures designed to protect the information that we collect from or about you (including your PII) from unauthorized access, use, or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information. By agreeing to our terms of services, you agree to indemnify and hold Guardian Zone and any affiliated entities harmless, in the event that your PII is accessed by an unauthorized party as a result of using the Services.
5. Our General Policy Regarding Children.
6. Contacting Us.
- The types of information Guardian Zone LLC may collect or that you may provide when you purchase, download, install, register with, access, or use the Guardian Zone Application (the “App“), the Guardian Zone website (guardianzone.com) in relation to the App, and any other URLs operated by Guardian Zone LLC (if any) to provide services for users in relation to the App (collectively, “Guardian Zone Services”).
- Our practices for collecting, using, maintaining, protecting, and disclosing that
This policy applies only to information we collect in this App and in related Guardian Zone Services, which are provided in relation to usage of the App, and in email, text, and other electronic communications sent through or in connection with this App and Guardian Zone Services including www.guardianzone.com.
This policy DOES NOT apply to information that:
- We collect
- Any third-party websites you may access through this
- You provide to or is collected by any third
Other third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.
Children Under the Age of 13
California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Section IV of this policy, titled “Guardian Zone California Privacy Rights Notice” for more information.
Information We Collect and How We Collect It
We collect information from and about users of our App:
- Directly from you when you provide it to us.
- Automatically when you use the
Information You Provide to Us
When you download, register with, or use this App, we may ask you provide information:
- By which you may be personally identified, such as name, age, postal address, email address, telephone number, wireless device identifiers, your wireless service provider, your wireless device location and tracked locations, answers to questions the App may present to you, interactions with other users, interactions with security personnel of Venues and events, interactions with public safety personnel, your panic button interactions, communications to us by you, any other identifier by which you may be contacted online or offline (“personal information“).
- That is about you but individually does not identify you, such as your brand or model of wireless device.
This information includes:
- Information that you provide by filling in forms in the App. This includes information provided at the time of registering to use the App, subscribing to our Services, posting
material, and requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the App.
- Records and copies of your correspondence (including email addresses and phone numbers), if you contact
- Your responses to surveys that we might ask you to complete for research
- Details of transactions you carry out through the App and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the
- Your search queries on the
- Your communications with Venue and event security personnel and public safety
- Your panic button
- Your device location
You may also provide information for publication or display (“Posted“) on public areas of the app or www.guardianzone.com (collectively, “User Contributions“). Your User Contributions are Posted and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile and adjusting your privacy settings, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Automatic Information Collection and Tracking
When you download, access, and use the App, it may use technology to automatically collect:
- Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the
- Device Information. We may collect information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone
- Stored Information and Files. The App also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book
- Location Information. This App collects real-time information about the location of your This includes real-time information about the interactions of your wireless device with geofences and communications network resources, and other wireless devices of users.
If you do not want us to collect this information do not download the App or delete it from your device. For more information, see the section titled “How We Use and Store Your Information.” Note, however, that opting out of the App’s collection of location information will disable its location-based features.
Information Collection and Tracking Technologies
The technologies we use for automatic information collection may include:
- Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of our
- Web Beacons. Pages of the App and our emails] may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages [or opened an email and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).
- The App may interact with information about geofences, and may cause your device to provide information about interactions with geofences.
Third-Party Information Collection
When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:
- Advertisers, ad networks, and ad
- Your mobile device
- Your mobile service
- Venues and event
These third parties may use tracking technologies to collect information about you when you use this app. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see the subsection of this policy titled “Your Choices About Our Collection, Use and Disclosure of Your Information.”
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information, to:
- Provide you with the App and its contents, and any other information, products or services that you request from
- Fulfill any other purpose for which you provide
- Give you notices about your account, including expiration and renewal
- Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and
- Notify you when App updates are available, and of changes to any products or services we offer or provide though
The usage information we collect helps us to improve our App and to deliver a better and more personalized experience by enabling us to:
- Estimate our audience size and usage
- Store information about your preferences, allowing us to customize our App according to your individual interests.
- Speed up your
- Recognize you when you use the
We use location information we collect to track the location and movement of your device, and for communications with you, your designated contacts, Venue and event security personnel, and public safety personnel.
We may also use your information to contact you about our own and third parties goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile. For more information, see the subsection of this policy titled “Your Choices About Our Collection, Use and Disclosure of Your Information.”
We may use the information we collect to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
In addition, we may disclose personal information that we collect or you provide:
- To our subsidiaries and
- To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Guardian Zone LLC’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Guardian Zone LLC about our App users is among the assets
- To third parties to market their products or services to you if you have not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them. For more information, see the subsection of this policy titled “Your Choices About Our Collection, Use and Disclosure of Your ”
- To fulfill the purpose for which you provide it. For example, if you give us an email address to use the “email a friend” feature of our Website or App, we will transmit the contents of that email and your email address to the
- For any other purpose disclosed by us when you provide the
- With your
- For locating your device and you, when you are co-located with your
- To comply with any public safety investigation, court order, law, or legal process, including to respond to any government or regulatory
- To enforce our rights arising from any contracts entered into between you and us, including the Guardian Zone Terms and If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Guardian Zone LLC, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Your Choices About Our Collection, Use, and Disclosure of Your Information
We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.
- Location Information. You can choose whether or not to allow the App to collect and use real-time information about your device’s location through the device’s privacy If you block the use of location information, the App may become inaccessible or not function properly.
- Promotion by the Company. If you do not want us to use your email address/device phone number/contact information to promote our own or third parties’ products or services, you can opt-out by selecting “opt-out” in your user settings. You can also always opt-out by logging into the App and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to [email protected].
- Targeted Advertising by the Company. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by selecting “opt-out” in your user settings. You can also always adjust your user advertising preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to [email protected].
- Disclosure of Your Information for Third-Party Advertising and Marketing. If you do not want us to share your personal information with unaffiliated or non-agent third parties for advertising and marketing purposes, you can opt-out by selecting “opt-out” in your user settings. You can also always opt-out by logging into the App and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to [email protected].
We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI“) on the NAI’s website.
California residents may have additional personal information rights and choices. Please see the section titled “Guardian Zone California Privacy Rights Notice” for more information.]
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the App like message boards. The information you share in public areas may be viewed by any user of the App.
Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.
Guardian Zone LLC
via email: [email protected]
or via our toll-free number: 1-866-866-8731
To register a complaint or concern, please notify us in writing that you have a complaint or concern.
Last modified: June 18, 2020
CHILDREN UNDER THE AGE OF 13
The Children’s Online Privacy Protection Act of 1998 and its rules (collectively, “COPPA”) require us to inform parents and legal guardians (as used in this section, “parents“) about our practices for collecting, using, and disclosing personal information from children under the age of 13 (“children“). It also requires us to obtain verifiable consent from a child’s parent for certain collection, use, and disclosure of the child’s personal information.
This section notifies parents of:
- The types of information we may collect from
- How we use the information we
- Our practices for disclosing that
- Our practices for notifying and obtaining parents’ consent when we collect personal information from children, including how a parent may revoke
- All operators that collect or maintain information from children through the Guardian Zone Services. The “Services” are defined in the definitions of the Guardian Zone Terms &
Information We Collect from Children
Children can access many parts of the Guardian Zone Services and its content and use many of its features without providing us with personal information. However, some content and features are available only to registered users and certain information, including personal information, is collected from them. In addition, we use certain technologies, such as cookies, to automatically collect information from our users (including children) when they visit or use the Guardian Zone Services.
We only collect as much information about a child as is reasonably necessary for the child to participate in an activity, and we do not condition his or her participation on the disclosure of more personal information than is reasonably necessary.
Information We Collect Directly. A child must provide us with the following information to register with the Guardian Zone Services: the child’s first name, birth date, email address, text message account such as mobile phone number, parent’s names, and at least one parent’s email address and/or parent’s mobile phone number. We also require the child to create a member name and password. We may request additional information from your child, but this information is optional. We specify whether information is required or optional when we request it.
Your Express Parental Consent is Required for Activating Registration and Authorizing Guardian Zone Services to Track the Device Location(s) and Use Location Tracking Information for Wireless Devices of Children Under Age 13. When a child under age 13 is identified as a prospective user of the Guardian Zone Services when attempting to register for a Guardian Zone User Account, your child must provide your email address and/or mobile phone number before his or her registration will be completed to authorize your child to make use of the Guardian Zone App. If you do not wish to authorize your child to make use of the App, then it is within your sole discretion to decline to provide your authorization. Declining to provide your express authorization, following a series of automated attempts by Guardian Zone LLC to contact you via email or text messaging and requesting your express authorization, will cause the location tracking feature of the Guardian Zone App to remain disabled.
We enable registered users to communicate with others on or through the Guardian Zone Services through chat, email, text messaging, and posting to public areas of the Guardian Zone Services (“Social Features“). The nature of these features allows children to disclose personal information about themselves. We do not monitor or review this content before it is posted, and we do not control the actions of third parties with whom your child shares his or her information. We encourage parents to educate their children about safe use of mobile applications and the internet, and to monitor their children’s use of social features.
Automatic Information Collection and Tracking. We use technology to automatically collect information from our users, including children, when they access and navigate through the Guardian Zone Services and use certain of its features. The information we collect through these technologies may include:
- One or more persistent identifiers that can be used to recognize a user over time and across different websites and online services[SPECIFIC IDENTIFIER].]
- Information that identifies a device’s location (geolocation information).
We also may combine non-personal information we collect through these technologies with personal information about you or your child that we collect online.
How We Use Your Child’s Information
We use the personal information we collect from your child to:
- register him or her with the Guardian Zone Services;
- communicate with him or her about activities or features of the Guardian Zone Services that may be of interest;
- track his or her performance in activities;
- track his or her device’s location;
- track his or her device’s communications to us, you or
We use the information we collect automatically through technology (see Automatic Information Collection and Tracking) and other non-personal information we collect to improve our Guardian Zone Services and to deliver a better and more personalized experience by enabling us to:
- Estimate our audience size and usage
- Store information about the child’s preferences, allowing us to customize the content according to individual
- Speed up your
We use geolocation information we collect to enable important location specific features of the Guardian Zone Services, such as locating his or her device, determining interactions with geofences, interacting and communicating with Venues or events, communications to his or her device, communications with public safety, event and Venue security personnel, and communications to you.
Our Practices for Disclosing Children’s Information
We do not share, sell, rent, or transfer children’s personal information other than as described in this section.
We may disclose aggregated information about many of our users, and information that does not identify any individual. In addition, we may disclose children’s personal information:
- To third parties we use to support the internal operations of our Guardian Zone Services and who are bound by contractual or other obligations to use the information only for such purpose and to keep the information
- If we are required to do so by law or legal process, such as to comply with any court order or subpoena or to respond to any government or regulatory
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Guardian Zone LLC, our customers or others, including to:
- protect the safety of a child;
- protect the safety and security of the Guardian Zone Services; or
- enable us to take precautions against
- To law enforcement agencies or for an investigation related to public
In addition, if Guardian Zone, LLC is involved in a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Guardian Zone LLC’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding or event, we may transfer the personal information we have collected or maintain to the buyer or other successor.
Social Features. The Guardian Zone Services offers social features, including: instant messaging, chat, email, posting on message boards, communications with public safety, Venue and event security personnel, and location information, that enable children to communicate with others on our through the Guardian Zone Services. We do not control the types of information your child can send or post through them. We encourage parents to educate their children about safety online and to carefully monitor their children’s use of social features to ensure they do not disclose their personal information through them.
Accessing and Correcting Your Child’s Personal Information
At any time, you may review the child’s personal information maintained by us, require us to correct or delete the personal information, and/or refuse to permit us from further collecting or using the child’s information.
You can review, change, or delete your child’s personal information by:
- Logging into your child’s account and visiting his or her account profile
- Sending us an email at [email protected]. To protect your privacy and security, we may require you to take certain steps or provide additional information to verify your identity before we provide any information or make
Operators That Collect or Maintain Information from Children
A list of all operators that may collect or maintain personal information from children through the Guardian Zone Services is available upon request from [email protected].
Please direct your inquiries about any operator’s privacy practices and use of children’s information to the operator at its contact information provided in the list of all operators available upon request from [email protected].
Section IV. Guardian Zone Privacy Notice for California Residents
Guardian Zone LLC Privacy Notice for California Residents
Effective Date: June 18, 2020
Last Reviewed on: June 18, 2020
This Privacy Notice for California Residents supplements the information contained in Sections I, II and III. Guardian Zone LLC’s and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Notice.
Information We Collect
Our Guardian Zone Services collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information“). Personal information does not include:
- Publicly available information from government
- Deidentified or aggregated consumer
- Information excluded from the CCPA’s scope, like:
- health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
- personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of
In particular, the Guardian Zone Services have collected the following categories of personal information from its consumers within the last twelve (12) months:
|A. Identifiers.||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.||YES|
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code|
|A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.|
Some personal information included in this category may overlap with other categories.
|C. Protected classification characteristics under California or federal law.||Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).||NO|
|D. Commercial information.||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||NO|
|E. Biometric information.||Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or|
retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
|F. Internet or|
other similar network activity.
|Browsing history, search history, information on a|
consumer’s interaction with a website, application, or advertisement.
|G. Geolocation data.||Physical location or movements.||YES|
|H. Sensory data.||Audio, electronic, visual, thermal, olfactory, or similar information.||YES|
|I. Professional or employment- related|
|Current or past job history or performance evaluations.||NO|
|J. Non-public education||Education records directly related to a student maintained by an educational institution or party acting||NO|
|information (per the Family Educational Rights and Privacy Act (20|
U.S.C. Section 1232g, 34
C.F.R. Part 99)).
|on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.|
|K. Inferences||Profile reflecting a person’s preferences,||NO|
|drawn from||characteristics, psychological trends, predispositions,|
|other personal||behavior, attitudes, intelligence, abilities, and aptitudes.|
We obtain the categories of personal information listed above from the following categories of sources:
- Directly from you. For example, from forms you complete or products and services you
- Indirectly from you. For example, from observing your actions on our Guardian Zone
- Indirectly from For example, from observing the location of your mobile device.
- Indirectly from you. For example, from observing your communications using your wireless mobile
Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following purposes:
- To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process
- To provide, support, personalize, and develop our Guardian Zone
- To create, maintain, customize, and secure your account with
- To process your requests, purchases, transactions, and payments and prevent transactional
- To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our
- To personalize your experience using the Guardian Zone Services and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Guardian Zone Services, third-party websites, third-party applications, Venues, events, and via email or text message (with your consent, where required by law).
- To help maintain the safety, security, and integrity of our Guardian Zone Services databases and other technology assets, and business.
- For testing, research, analysis, and product development, including to develop and improve our Guardian Zone
- To respond to law enforcement requests and as required by applicable law, court order, or governmental
- As described to you when collecting your personal information or as otherwise set forth in the
- To communicate with, and provide information to, security personnel of Venues and events, and public safety
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about users of our Guardian Zone Services is among the assets
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
We share your personal information with the following categories of third parties:
- Security personnel of public agencies such as police and
- Security personnel of Venues and
Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, Company has disclosed the following categories of personal information for a business purpose:
Category A: Identifiers.
Category D: Commercial information. Category G: Geolocation data.
Category H: Sensory data.
We disclose your personal information for a business purpose to the following categories of third parties:
- Security personnel of Venues and
- Public safety
Sales of Personal Information
In the preceding twelve (12) months, Company has not sold personal information.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The categories of personal information we collected about
- The categories of sources for the personal information we collected about
- Our business or commercial purpose for collecting or selling that personal
- The categories of third parties with whom we share that personal
- The specific pieces of personal information we collected about you (also called a data portability request).
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- sales, identifying the personal information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the personal information categories that each category of recipient
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such
- Debug products to identify and repair errors that impair existing intended
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the
information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with
- Comply with a legal
- Make other internal and lawful uses of that information that are compatible with the context in which you provided
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, visit www.guardianzone.com.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include:
- Identity verification information provided by you when registering to use the Guardian Zone Services;
- Your name and the location of your wireless device at the day and time you knowingly interacted or intended to interact with the Guardian Zone Services, the name of your major wireless service provider, the model of your wireless device, and either or both of: an identifier assigned by the manufacturer of your device or identifier assigned for your wireless device by your wireless service
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.
We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
We do not sell your personal information.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Personal Information Sales Opt-Out and Opt-In Rights
If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is at least 13 but not yet 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.
To exercise the right to opt-out, you (or your authorized representative) may submit a request to [email protected]
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by submit a request to [email protected].
You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing
- Provide you a different level or quality of goods or
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time. We currently do not provide financial incentives for your opt-in consent.
Changes to Our Privacy Notice
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Guardian Zone Services following the posting of changes constitutes your acceptance of such changes.
Guardian Zone LLC Attn: Privacy Support
4843 Colleyville Blvd #251-155
Colleyville, TX 76034