GUARDIAN ZONE TERMS & CONDITIONS
Guardian Zone provides a downloadable software application which has the purpose of enabling users of the application (“Users“) and venues (“Venues”) to communicate with one another regarding safety matters.
This set of Guardian Zone Terms & Conditions (this “Terms & Conditions”) applies to any and all use of (1) the Guardian Zone website at http://https://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 (18) 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 WAIVER.
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
1. 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.
b. 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 behalf.
3. 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 content. You also agree not to use the Services to solicit or offer goods or services of any kind to Venues or other Users.
4. 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 time.
Part II – Venue Services
5. 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 Property.
6. Legal Right to Operate Property. 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.
7. 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 concerns.
8. 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 user. 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
9. 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”).
10. 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) Account. 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.
12. 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 Zone. 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.
13. 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 User. 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
15. 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 Application. 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.
16. 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.
17. 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 Services.
18. 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 IMPRISONMENT. 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.
19. MISUSE AND SERVICE LIMITATIONS. 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.
b. 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 machinery. 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.
c. WARNING. – 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.
20. 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 C.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.
21. 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 parties.
22. 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 whatsoever.
23. 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, etc., 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.
24. 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 & Conditions.
25. 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;
(C) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE RESERVATION SERVICES); OR (D) 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.
26. 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 ZONE.
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.
27. Links to/from Third-Party Websites. The Services may contain hypertext links to/from websites operated by parties other than Guardian Zone. 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.
28. 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 Venue. 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.
29. 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 section.
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
℅ Hunt Pennington Kumar & Dula Pllc
609 Castle Ridge Road, Suite 315
Austin, TX 78746 [email protected]
30. 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
31. 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 Zone.
32. 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 right.
33. Mandatory Arbitration and Venue. 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 at http://www.adr.org.
34. 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.
35. 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.
37. 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 oral.
REVISION DATE: June 18, 2020