Terms of Use

Last Updated: July 29, 2016

Use of the Guardian App is offered subject to your compliance with the notices, terms and conditions set forth herein. BY YOUR USE OF THE GUARDIAN APP, YOU AGREE TO BE BOUND BY THE PROVISIONS OF THESE NOTICES, TERMS AND CONDITIONS.

We reserve the right to update or change these Terms of Service at any time and for any reason without prior notice to you. Your continued use of the Guardian App, including any updates or changes, shall be deemed your on-going acceptance of these Terms of Service as modified, as of the effective date of any such modification. If you disagree with these Terms of Service, your sole and exclusive remedy is to discontinue use of the Guardian App.

1. USE OF GUARDIAN APP; RESTRICTIONS.

1.1 By downloading the Guardian App, you represent that you are of legal age to form a binding contract and that you are not a person barred from receiving the Guardian App under the laws of any applicable jurisdiction. By using the Guardian App, you agree that Guardian may communicate with you regarding the App and other Services via e-mail or other electronic means, and that certain information about your usage of the App may be communicated to Guardian. Your e-mail address and other personal information will not be sold or shared with any third party. The Guardian Privacy Policy is available in the Settings section of the App and on the Guardian website at goguardian.xyz.

1.2 It is your responsibility to verify the accuracy of the information you input to the Guardian App and to verify you have turned on the features you choose to activate (Location Tracking, Guardian Alerting). Guardian assumes no responsibility for the accuracy of the information you input for your Emergency Contacts.

1.3 The data provided by the Guardian App is for informational purposes only, and is not a substitute for professional medical advice and/or medical treatment or for the Guardian Emergency Response System available separately from Guardian. The Guardian App does NOT contact 911 or any other emergency responder. The Guardian Alerting feature, when activated, will send an alert only to the party or parties you have designated. Neither Guardian nor any responder assumes any liability whatsoever for the information provided by the Guardian App.

1.4 The Guardian App is designed to permit others to visualize your location (your portable mobile device) on a map. It is also designed to provide you with the ability to know when you are broadcasting your location and with the ability to limit the duration of such broadcast. Nevertheless, use of the App may involve special risks associated with other persons knowing your location. You should only share such information with those you trust. It may be inappropriate for a minor to use the Guardian App.

1.5 You should NEVER endanger yourself or others by viewing a portable mobile device while driving, while operating dangerous mechanical devices, or in other situations in which you should be cognizant of your surroundings.

1.6 Successful use of the Guardian App is predicated upon the User’s mobile device being “on” and in a location with adequate cellular coverage. The App User is also responsible for providing accurate and complete telephone numbers and/or e-mail addresses for their designated Contacts.

1.7 We welcome your comments, feedback, suggestions, and other communications regarding the App and the services we provide through the App (collectively, "Feedback"). If you provide Feedback, you hereby grant to Guardian a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we suggest that you not send Guardian any Feedback that you do not wish to license to us as set forth herein.

1.8 By downloading the Guardian App, you agree you will not : (i) modify, disassemble, decompile or reverse engineer the App; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices in the App.

2. SECURITY AND PRIVACY.

2.1 By downloading and using the Guardian App, you authorize Guardian to send an alert to the party or parties you have designated as your Contacts. Your authorization is intended to comply with the provisions of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Regulations, 45 CFR § 164.508, and any state or local health information privacy acts or regulations.

2.2 You acknowledge that the Guardian App and Lock Screen may be accessed by anyone in possession of your mobile device. Guardian assumes no liability for misuse of the Guardian App for any reason.

2.3 We do not sell your name and address to third parties, nor do we share your Emergency Contacts to market any product or service.

2.4 In addition to alerting your Emergency Contacts in the event of an Alert, we may disclose your location to other agencies as reasonably necessary or as required by law. Such disclosures may be to: a public health authority; a government authority that is authorized by law to receive such reports; in response to a court or administrative order; to federal officials if you are a member of the U.S. or foreign military forces (including veterans); or to federal, state, or municipal law enforcement agencies engaged in a specific investigation involving you.

3. INDEMNIFICATION.

You agree to indemnify, defend, and hold harmless Guardian, its officers, directors, employees, agents, insurers, and affiliates from and against any and all claims, actions or demands, liabilities, and settlements, including but not limited to, reasonable legal and accounting fees and costs resulting from, or alleged to result from: (i) your violation of this Terms of Service; (ii) from any activity related to the Guardian App including the unauthorized use of your User Profile or Emergency Contacts, your infringement of third parties’ worldwide intellectual property rights, or negligent or wrongful conduct by you or any other person accessing the Guardian App through your mobile device; (iii) any claim brought by you or others for injury, death, loss, or damages arising in whole or in part from inaccurate or incomplete data provided by you; (iv) the receipt of an Alert by unintended recipients due to incorrect forwarding information provided by any party who accesses the Guardian App through your mobile device; or (v) any claim brought by you or others for failure of performance, delay in operation or transmission, communication service failure, or any other error, omission, interruption, or alleged defect of the Guardian App.

4. ASSUMPTION OF LIABILITY; LIMITATION OF LIABILITY; LIQUIDATED DAMAGES.

4.1 YOU ARE SOLELY RESPONSIBLE FOR THE DATA INPUT INTO THE GUARDIAN APP. GUARDIAN DISCLAIMS ANY LIABILITY FOR THE ACCURACY OR COMPLETENESS OF YOUR USER PROFILE, YOUR EMERGENCY CONTACTS, INCLUDING, WITHOUT LIMITATION, CONTENT THAT IS DEFAMATORY, LIBELOUS, OFFENSIVE, OR ILLEGAL.

4.2 GUARDIAN HEREBY DISCLAIMS ANY LIABILITY TO YOU, TO USERS OF THE GUARDIAN APP, OR TO ANY OTHER PARTY FOR ANY DAMAGES OR INJURY THAT MAY RESULT FROM THE USE OF OR INABILITY TO USE THE GUARDIAN APP, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES OR INJURY CAUSED BY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION OF SERVICE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION SERVICE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, INADVERTENT TRANSMISSION TO UNINTENDED THIRD PARTIES, OR USE BY THIRD PARTIES OR OF ANY COMPUTER OR COMMUNICATIONS SYSTEM UNDER ANY LEGAL THEORY OR CAUSE OF ACTION. NEITHER GUARDIAN NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES SHALL BE LIABLE FOR ANY EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, THOSE ARISING OUT OF THE USE OF THE GUARDIAN APP OR INABILITY TO GAIN ACCESS TO OR USE THE GUARDIAN APP. SOME FEATURES OF THE GUARDIAN APP, SUCH AS MAPPING AND TEXT MESSAGING, ARE PROVIDED BY THIRD PARTIES OVER WHOM GUARDIAN HAS NO CONTROL; ACCORDINGLY, GUARDIAN DISCLAIMS ANY LIABILITY FOR ANY LOSS, INJURY OR DAMAGE ARISING OUT OF THE FAILURE OF SUCH THIRD-PARTY FEATURES TO PERFORM AS INTENDED.

4.3 AS DAMAGES, IF ANY, RESULTING FROM THE USE OF OR THE MISUSE OF THE GUARDIAN APP, OR THE INABILITY OF RESPONDERS TO ACCESS THE FEATURES OF THE GUARDIAN APP, WOULD BE DIFFICULT IF NOT IMPOSSIBLE TO DETERMINE, YOU AGREE THAT THE TOTAL LIABILITY OF GUARDIAN FOR ACTUAL DAMAGES, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO GUARDIAN DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY, OR, IF NO AMOUNTS HAVE BEEN PAID BY YOU, ONE THOUSAND DOLLARS ($1,000.00).

5. DISCLAIMER OF WARRANTIES.

YOU AGREE THAT YOUR USE OF THE GUARDIAN APP IS ENTIRELY AT YOUR OWN RISK. THE GUARDIAN APP AND ALL OTHER SERVICES OF GUARDIAN THAT MAY BE RENDERED HEREUNDER ARE PROVIDED "AS AVAILABLE" AND "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT ANY SERVICE RENDERED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. GUARDIAN DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY AND PERFORMANCE OF THE TRACKING FEATURE AND THE ALERT; AND 2) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM COMPUTER VIRUS STRAINS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. GUARDIAN HEREBY DISCLAIMS ANY LIABILITY TO YOU, RESPONDERS, OR ANY OTHER PARTY FOR ANY BREACH OF ANY ALLEGED WARRANTY OF GUARDIAN, EVEN IF GUARDIAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. GOVERNING LEGAL PROVISIONS.

6.1 Governing Law and Jurisdiction: These Terms of Service will be construed and governed by the law of the State of New York for all purposes, without regard to or application of choice of law rules or principles. You hereby consent to the jurisdiction and venue of the courts of the State of New York. You should be aware that some jurisdictions do not allow for the exclusion of certain warranties or the limitation or exclusion for incidental or consequential damages which are contained in this Terms of Service Agreement. By agreeing to be bound by the Terms of Service contained in this document you may be waiving legal rights which could be available to you in another jurisdiction.

6.2 International Laws: Guardian is based in the State of New York, United States of America. Guardian makes no claims that its services are appropriate or may be used outside of the United States. Access to these services may not be legal by certain persons or in certain countries. Access of the Guardian services from outside the United States may not be in compliance with the laws of the local jurisdiction.

6.3 Entire Agreement: These Terms of Service, the Guardian Privacy Policy and all other Guardian legal notices constitute the entire agreement between you and Guardian with respect to the use of the Guardian App.

6.4 Waiver: Our failure to exercise or enforce any right or provision of these Terms of Service or other legal notices shall not constitute a waiver of such right or provision. No waiver of any of these Terms of Service as modified shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

6.5 Severability: If any provision of these Terms of Service as modified is found by a court of competent jurisdiction to be invalid, the parties agree that the court shall endeavor to give effect to the parties’ intentions as reflected in such provision, and the other provisions of the Terms of Service shall remain in full force and effect.

6.6 Modification: Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service or of any other legal notice.

6.7 Assignment: Guardian may assign its rights and duties under this Terms of Service Agreement to any party at any time without notice to you and without your consent.

6.8 Headings: The section titles in this Terms of Service Agreement are for convenience only and have no legal or contractual effect.

7. CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe any feature of the Guardian App infringes the copyright of others, please notify our Copyright Agent immediately. We will investigate any allegation of copyright infringement brought to our attention. If you are the copyright owner (or are authorized to act on behalf of the copyright owner), please notify our Copyright Agent immediately if you believe that any feature of the App infringes your copyright. Your notice must be in writing and must include the following: a description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list); a description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material; enough information to permit us to contact you, such as, your name, address, telephone number and, if available, e-mail address; a statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the "copyright owner"), an agent for the copyright owner, or by law; a statement that all of the information you have provided is accurate; and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner. Your notice must be signed (physically or electronically) and must be addressed as follows:

Copyright Agent
c/o Buster Labs, LLC
666 Greenwich St #522
New York, NY 10014

You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. Please note that under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.