GUARD FACTORY LLC WEBSITE TERMS OF USE
Last Modified: January 21, 2025
These Terms of Use, including any policies, rules and other terms that are expressly incorporated herein by reference (collectively, these “Terms”), set forth a legally binding agreement between you (“you” or “your”) and Guard Factory LLC (“GF,” “we,” “us,” or “our”). These Terms govern your use of our website (the “Site”), and any content, information, products or services accessed through the Site (collectively, the “Site Services”). If you become a customer of GF, you will be asked to consent to our Services and Waiver Agreement (“Customer Agreement”); in the event of any conflict between these Terms and the Customer Agreement, the Customer Agreement shall control.
1. ACCEPTANCE OF TERMS: By accessing or using the Site and the Site Services, you accept and agree to be bound by these Terms. THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE SITE AND THE SITE SERVICES. BY USING THE SITE AND/OR THE SITE SERVICES, YOU EXPRESSLY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE OR SITE SERVICES.
2. AGE REQUIREMENTS: You must be at least the age of majority in your state of residence, and fully able and competent to enter into and abide by these Terms, in order to access and use the Site and Site Services. Individuals under the age of majority are not eligible to use the Site or Site Services and may not submit any personal information to us. By accessing or using the Site and/or Site Services, you represent and warrant that you are at least the age of majority in your state of residence and legally entitled and authorized and capable of entering into and abiding by these Terms. A parent or legal guardian shall be responsible for the acts of any minor under their control regarding the use of the Site and/or Site Services.
3. MODIFICATION TO THESE TERMS: We may amend or modify these Terms at any time. We will e-mail you or post a notification on the Site in the event of any material changes to these Terms. Such changes, whether in the form of modifications, additions or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on the Site. Please check these Terms periodically for changes. Your continued use of the Site and/or the Site Services following our posting of any changes to these Terms means that you accept and agree to those changes.
4. PRIVACY POLICY: Our Privacy Policy governs the processing of all personal data collected from you in connection with your use of the Site and/or Site Services. The Privacy Policy and its terms and provisions are hereby incorporated and made a part of these Terms by this reference. You hereby agree to the Privacy Policy, as may be amened from time to time, in order to use the Site and/or Site Services.
5. MOBILE SERVICES: To the extent you access the Site or Site Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, using the Site or Site Services may be prohibited or restricted by your carrier, and the Site and Site Services may not work with all carriers or devices.
6. RESTRICTIONS ON USE: You may use the Site, Site Services and all associated content and information solely for your personal use and enjoyment. The Site, Site Services, or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial or other purpose without our express written consent. When accessing or using the Site or Site Services you may not:
Use any device, software or routine to interfere with the proper functioning of the Site;
Transmit, solicit or misappropriate any information, software or other material that violates or infringes upon the rights of others (including GF), including material that is an invasion of privacy or publicity rights; is protected by copyright, trademark, or other intellectual property or proprietary rights (including of GF); or is a derivative work with respect thereto, without first obtaining permission from the owner or right holder (including GF, if applicable);
Transmit any information, software or other material that contains a virus, Trojan horse, time bomb, worm or other rogue programming or other harmful component;
Use any software, tool, data, device or other mechanism to navigate or search the Site, other than generally available browsers;
Use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute any information or content available on the Site;
Frame or utilize framing techniques to enclose any aspect of the Site, including any trademark, logo or other proprietary information (including, but not limited to, images, text, page layout or form);
Use any metatags or any other “hidden text” utilizing our name or proprietary marks without our express written consent;
Violate or attempt to violate any security features of the Site;
Violate security features that prevent or restrict use or copying of any content or impose limitations on use of the services or the content on the Site, including, without limitation, by use of any manual or automated software, devices, scripts, bots, crawlers, spiders, data miners, scraping or other automatic access tools;
Access content or data not intended for you or logging onto a server that you are not authorized to access;
Attempt to probe, scan or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures;
Use or reference the Site to send unsolicited e-mail, promotions, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or advertisements or other similar communications;
Forge any TCP/IP packet header or any part of the header information in any e-mail or in any posting; or
Attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site or Site Services.
7. USER COVENANT: By accessing or using the Site and/or Site Services, you agree to, acknowledge, and represent that You will comply with all applicable federal, state or local laws, rules and regulations in using the Site and/or Site Services, and you will not perform or fail to perform any act that you know or reasonably should know would place us or our affiliates in violation of any applicable law, rule or regulation.
8. COPYRIGHTS, TRADEMARKS AND OTHER PROPRIETARY RIGHTS: As between you and us, all content on the Site, including text, hidden text within our source code, trademarks, software, photos, video, images, graphics, music, audio-visual content, podcasts, recordings, sound, testimonials, or any other digital media, is owned by us and/or our licensors and is subject to protection by patent, copyright, trademark or other intellectual property or proprietary rights. In addition, the entire content of the Site is copyrighted as a collective work under the United States copyright laws, and we own the copyright in the selection, coordination, arrangement and enhancement of such content. Any feedback, suggestions or ideas you provide to us relating to the Site and/or Site Services shall be deemed to be non-confidential, and we shall be free to use such feedback, suggestions or ideas on a royalty-free, perpetual, irrevocable, worldwide, transferable, unrestricted basis. All trademarks, trade names, trade dress, logos and service marks (collectively, the “Trademarks”) appearing on the Site and/or the Services are the property of their respective owners, including, in some instances, us. Nothing contained on the Site, the Site Services or these Terms serves to grant you, by implication or otherwise, a license or right to use any of the Trademarks or copyrights owned by us or by any third party. Except as expressly provided herein, you may not use, modify, create derivative works of, copy, redistribute, reproduce, publish, transmit, display, commercialize, or in any other way exploit any content or material from the Site or the Services. You acknowledge and agree that you do not acquire any ownership rights by accessing or using the Site and/or Site Services.
9. THIRD-PARTY SITES; LINKING AND FRAMING: We may provide links and pointers to websites, goods and/or services maintained, owned or controlled by others (“Third-Party Sites”) that are not affiliated with us and may be located in different countries and that may be subject to different regulatory and other legal requirements. We have not reviewed all of the Third-Party Sites linked to the Site or the Site Services and are not responsible for the content or services offered on such Third-Party Sites, including, but not limited to, any advertising, order processing and fulfilment, or payment terms related to such Third-Party Sites. Access to Third-Party Sites through the Site or the Site Services does not constitute an endorsement by us or any of our affiliates of any such Third-Party Sites, or the content or services offered by them. We have no responsibility or liability for these Third-Party Sites’ independent policies or actions and are not responsible for the privacy practices of such Third-Party Sites. Complaints, claims, concerns or questions regarding Third-Party Sites should be directed to the applicable third party. If we provide links to social media platforms, such as Facebook, Instagram or X, and you choose to visit any such social media platforms through our links, please note that the personal information you post, transmit or otherwise make available on or through such social media platforms may be viewed by the general public. We do not control any content or information made available on such social media platforms, and we are not responsible for any third-party use of any such content or information, including, without limitation, personally identifiable information, that you have posted, transmitted or otherwise made available on such social media platforms. You shall not mirror or frame the Site or Site Services or any part thereof. You shall not link to the Site or Site Services on any other site, service or product which, as determined by GF in its sole discretion, (i) publishes, contains, broadcasts or promotes libelous, abusive, offensive, harassing, violent, inflammatory, threatening, defamatory, obscene, indecent, sexually explicit, pornographic or otherwise objectionable materials, (ii) promotes discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation or age, or (iii) publishes, contains, broadcasts or promotes materials that could give rise to any civil or criminal liability under U.S. or international law. You also shall not link to the Site or Site Services in such a way as to suggest any form of association, approval or endorsement on GF’s or its affiliates’ part. If we notify you of a violation of this paragraph, you shall immediately take down the link to the Site or Site Services.
10. UPDATES: We will not be liable if, for any reason, all or part of the Site or the Site Services is ever unavailable. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or the Site Services, or any part thereof, with or without notice. We undertake no obligation to update, amend or clarify information on the Site or the Site Services, except as required by law. No specified update or refresh date applied on the Site should be taken to indicate that all information on the Site or the Site Services has been modified or updated. On occasion, information on the Site or the Site Services may contain errors. We reserve the right to, at any time without prior notice, correct any errors, inaccuracies, or omissions, and to change or update information.
11. PURCHASES: Any products or services offered on the Site are subject to availability. All prices, discounts and promotions posted on the Site are subject to change without notice to the extent permitted by applicable law. We reserve the right to suspend any such promotions and change prices at any time without notice. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time, and to cancel any orders or reservations arising from such occurrences.
12. DISCLAIMER OF WARRANTIES: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND THE SITE SERVICES IS AT YOUR SOLE RISK. THE SITE AND THE SITE SERVICES ARE PROVIDED ON AN “AS IS” AND “IF AND AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE OR SITE SERVICES (INCLUDING ANY INFORMATION THEREIN) WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, ACCURATE OR RELIABLE, THAT ANY INFORMATION OR MATERIALS OBTAINED BY YOU THROUGH THE SITE OR THE SITE SERVICES WILL MEET YOUR EXPECTATIONS, AND THAT ANY ERRORS IN THE SITE OR THE SITE SERVICES WILL BE CORRECTED. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SITE OR THE SITE SERVICES IS TO STOP USING THE SITE OR THE SITE SERVICES, AS APPLICABLE. THE FOREGOING LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN YOU AND US UNDER THESE TERMS.
13. LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL GF AND/OR ITS AFFILIATES AND EACH OF OUR AND THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, CONTRACTORS, VENDORS, EQUITY HOLDERS, MEMBERS, PARTNERS, EMPLOYEES, REPRESENTATIVES, LENDERS, AGENTS, OFFICERS, DIRECTORS, MANAGERS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “GF PARTIES”) BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANOTHER MEMBER OF YOUR FAMILY OR A PERSON FOR WHOM YOU ARE A GUARDIAN) ACCESSING, USING OR INTERACTING WITH THE SITE OR SITE SERVICES (OR YOUR OR THEIR INABILITY TO DO SO), IN ANY WAY WHATSOEVER. IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF THE GF PARTIES TO YOU, FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED, IN THE AGGREGATE, ONE HUNDRED U.S. DOLLARS ($100). THE FOREGOING LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN YOU AND US UNDER THESE TERMS.
14. INDEMNIFICATION: You agree to indemnify, defend, and hold harmless the GF Parties from and against any and all claims, allegations, demands, actions, causes of action, lawsuits, investigations and proceedings (including any and all liability, damages, costs, expenses (including reasonable attorneys’ fees), settlements, fines, penalties and losses of any kind or nature whatsoever resulting from any of the foregoing) arising out of or in connection with: (i) your violation or breach of these Terms; (ii) your use of the Site and/or the Site Services; (iii) your violation of any rights of any third party; or (Iv) your violation of applicable law. We reserve the right to assume the exclusive defense and control of any claim and matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.
15. FORCE MAJEURE: We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, changes in law, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), cyberattacks, denial of service attacks, restraints or delays affecting carriers, inability to obtain or delay in obtaining adequate or suitable supplies, breakdown of materials or telecommunications, or power outage.
16. CONSENT TO ELECTRONIC COMMUNICATIONS; NOTICES: You agree that we or our authorized agents may provide you in electronic form any information or other communications regarding the Site, Site Services or GF. These communications may be provided through our Site, e-mail, text message or another website. When you visit our Site, use the Site Services, or communicate with us electronically, you consent to receive communications from us electronically. We may send you responses or notices by e-mail, posting to the Site, or written communication sent by U.S. Postal Service or overnight courier. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
17. GOVERNING LAW: These Terms and your use of the Site and/or the Site Services shall be governed by and construed for both substantive and procedural purposes in accordance with the laws of the State of Texas, U.S.A., without giving effect to any principles of any choice or conflict of law provision or rule. For any claim or dispute that is not subject to arbitration, the parties hereby submit to the personal and exclusive jurisdiction of the state and federal courts of the State of Texas and the United States, respectively, located within Collin County, Texas.
18. DISPUTE RESOLUTION: WITH RESPECT TO ANY AND ALL CLAIMS AND DISPUTES, EACH PARTY HEREBY CONSENTS TO BINDING ARBITRATION AND WAIVES ITS CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. Either Party may initiate an arbitration proceeding, which will be conducted by a single neutral arbitrator. Any arbitration shall be initiated before JAMS and conducted under the JAMS Streamlined Arbitration Rules and Procedures (available at www.jamsadr.com) (“Arbitration Rules”). The rules of JAMS will govern all aspects of the arbitration, except to the extent such rules are in conflict with these Terms, in which case these Terms shall control. The JAMS arbitrator shall be located in Collin County in Texas, with the arbitration hearing held at the arbitrator’s location. Payment of all filing, administrative, and arbitrator fees will be governed by the Arbitration Rules. The arbitrator will decide the rights and liabilities, if any, of the parties with respect to any claim, and the dispute will not be consolidated with any other matters or joined with any other cases or parties (including, but not limited to, any class or class action matter). The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available under applicable law, the Arbitration Rules, and these Terms. The arbitrator will issue a written award and reasoned statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief that a judge in an applicable court of law would have. Any award will be subject to judicial confirmation or entry in any court having jurisdiction pursuant to these Terms. The arbitration provisions in these Terms shall be governed by the Federal Arbitration Act and federal arbitration law. All aspects of the arbitration proceeding, including but not limited to, the award of the arbitrator and compliance therewith, will be strictly confidential among the parties. GF and you agree to maintain confidentiality of the arbitration proceedings unless otherwise required by law. Notwithstanding the parties agreement to arbitrate claims and disputes under these Terms, GF may seek temporary injunctive relief or other equitable relief in a court of competent jurisdiction pending arbitration; provided a request for such temporary measures will not be deemed a waiver of any other rights or obligations under these Terms.
19. MISCELLANEOUS: The division of these Terms into sections and the headings of the various sections in these Terms are for convenience of reference only and shall not affect the construction or interpretation of these Terms. You acknowledge and agree that any principle of construction or rule of law that provides that an agreement shall be construed against the drafter of the agreement in the event of any inconsistency or ambiguity in such agreement shall not apply to these Terms. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. We may assign our rights and duties under these Terms to any party at any time without notice to you and without your express consent. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. Any provision of these Terms that contemplates performance or observance subsequent to any expiration or termination of these Terms, or which is otherwise necessary to interpret the respective rights and obligations of the parties hereunder, shall survive any expiration or termination of these Terms and continue in full force and effect. If any provision of these Terms shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms, together with our Privacy Policy, and all other documents incorporated herein by reference, constitute the entire agreement between the parties pertaining to your access to and use of the Site and Site Services and supersede any agreements previously existing between the parties with respect to the Site and Site Services.
20. U.S. USE ONLY: The Site, and the content, services, products and incentives we may provide from time to time on and through the Site, are intended to comply with U.S. state and federal laws and regulations. We make no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. If you are a non-U.S.-based user, be advised that other countries may have laws or regulatory requirements that differ from those in the U.S.
21. NOTICE FOR CALIFORNIA USERS: Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N. 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
22. QUESTIONS: If you have any questions or comments regarding these Terms, please contact us by e-mail at info@theguardfactory.com.