Terms and Conditions | Guard Child | Family Internet Safety | Software and Resources

Terms and Conditions

Effective Date: May 19, 2008

PLEASE READ THIS TERMS & CONDITIONS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE.

GuardChild and its parent (hereinafter “GuardChild”) provide this website and website-related services (collectively, the "Website") subject to your compliance with the terms and conditions set forth in this agreement (the "Agreement"). This Agreement, and the terms and conditions listed in the Privacy Policy, govern the relationship between GuardChild and you, the Visitor, with respect to your use of the Website. YOUR USE OF THE WEBSITE BINDS YOU TO THESE TERMS AND CONDITIONS AND THE TERMS AND CONDITIONS CONTAINED IN THE PRIVACY POLICY. If you do not agree to these terms and conditions, you must not use the Website.

As used in this Agreement, the words "you" and "your" refer to any person accessing the GuardChild Website. The words "we," us," and "our" refer to GuardChild.

GuardChild may, at any time and in our sole discretion, revise or update this Agreement by posting an amended Agreement on the Website. Any changes that are made to this Agreement will be effective immediately upon posting. Please check this page periodically for changes to the Agreement. Your use of the Website following the posting of an updated Agreement constitutes acceptance of the last updated Agreement.

Further, GuardChild reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Website (or any part thereof) without notice to you. You agree that GuardChild shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or of any Materials (as defined below).

If you have any questions about this Agreement, please contact us at:

GuardChild
P.O. Box 322
Leonia, NJ 07605

or administrator@guardchild.com

LICENSE TO USE WEBSITE
GuardChild hereby grants you a limited, non-exclusive license to access the Website subject to and in accordance with the terms of this Agreement. Any violation of the terms of this Agreement is grounds for immediate termination of this limited license.

IMPORTANT NOTICES
GuardChild makes available the information and materials, including but not limited to, product descriptions, information regarding state and federal law, statistical information and general interest information on the Website (the "Materials") for general informational purposes only.

This Web site may contain typographical errors or inaccuracies, and may not be complete or current. GuardChild therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

We have made every effort to display as accurately and reliably as possible the colors, sizes, dimensions, materials, textures, and all other physical aspects (“Depiction”) of the products that appear on the Website. However, we cannot guarantee, and make no warranty, promise, or agreement that any depicted or described product actually comports with its Depiction or description. Furthermore, the appearance of any product on this site is not meant as a guarantee of its quality, effectiveness or suitability for any purpose.

GuardChild does not sell, resell or license any of the products listed on the Website, nor is GuardChild acting as an agent for sale of said products. GuardChild disclaims any responsibility for, or liability related to, such products and services. Any questions, complaints or claims related to any product should be directed to the appropriate manufacturer, merchant or seller. Additionally, use of such products may be governed by the terms of the end-user license agreement, if any, which accompanies or is included with such products. An end user may be unable to install or use such products which are accompanied by or include an end-user license agreement, unless he or she first agrees to the terms of such an agreement.

All uses of any product which appears on the Website must comport with all applicable state, federal and common laws. Under no circumstances does GuardChild endorse, sanction, approve or condone in any way any illegal, unlawful or otherwise violative use of the products which appear on the Website, whether such use is in violation of state, federal or common law. Under no circumstances will GuardChild be liable for a third party use which is illegal, unlawful or otherwise violative of the rights of any individual or entity.

AVAILABILITY OF SERVICE
While GuardChild makes reasonable efforts to ensure that the Website is available at all times, GuardChild does not guarantee, represent or warrant that access to the Website will be uninterrupted or error-free, and GuardChild does not guarantee that users will be able to access or use all or any of the Website features at all times.

GuardChild may change, suspend or discontinue any (or all) aspects of the Website at any time, including the availability of any Website feature. GuardChild may also impose limits on the use of or access to certain features or portions of the Website, or restrict your access to any part or all of the Website, in all cases without notice or liability.

SEX OFFENDER REGISTRY NOTICE
Please note that there are variations in state law as to what information and individuals are permitted to be included in sex offender registries. As such, some individuals or information may not appear. Furthermore, the information provided in state sex offender registries is often not warranted for accuracy. Please use extreme caution when accessing such sites because mistaken identification may occur when relying solely upon name, age and address to identify individuals. Under no circumstances will GuardChild be responsible for any inaccuracy, incompleteness, or deficiency of any kind in the information listed in these databases.

Furthermore, many jurisdictions have strict limits on the manner in which the information contained in their sex offender registry may be used. Misuse of the sex offender registry information, for purposes of, including but not limited to, harassment, endangerment, intimidation, threats or in any way seeking retribution on an offender through illegal channels or actions may be prohibited by state law. Any person who engages or participates in such acts may be subject to civil liability and criminal charges. Such behavior, or allegations of such behavior, may result in the immediate termination of your license to use the Website. You will likely be asked to agree to further terms and conditions when accessing such state websites. Under no circumstances will GuardChild be responsible for any misuse of such information by you. Any such misuse committed by you, or any allegation or belief by GuardChild, as determined in GuardChild’s sole discretion, that such misuse has been committed by you, is grounds for immediate, permanent and non-refundable (should you be a paying member of the Website) termination of your license to access and use the Website.

RULES OF CONDUCT
You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Website and/or any Materials. In addition, your use of the Website is conditioned on your compliance with the following rules of conduct as well as all other terms of the Agreement. You agree not to use the Website for any unlawful or fraudulent purpose, including impersonating any person or entity, including, but not limited to, any employment applicant, GuardChild employee, agent, or representative; or expressing or implying that GuardChild endorses any statement you make. You also may not modify, adapt, translate, reverse engineer decompile or disassemble any portion of the Website or Materials. Further, you may not interfere with or disrupt the operation of the Website, including restricting or inhibiting any other person from using the Website by means of hacking, or defacing any portion of the Website. Further, transmitting or otherwise making available in connection with the Website any virus, worm, Trojan horse, root kit or other harmful code is prohibited. Moreover, you may not interfere with or violate any other Website visitor's or user's right to privacy or other rights, or harvest or collect personally identifiable information about Website visitors or users, or about GuardChild employees or other individuals identified on the Website, without their express written consent. You are also proscribed from selling, reselling, transferring, licensing or exploiting for any commercial purposes any use of or access (including sharing of passwords and login information) to the Website or the Materials. Finally, you may not frame, mirror, in-line link to, or make other similar use of, all or any part of the Website or the Website’s content, including GuardChild’s or any other party’s intellectual property thereon, without our prior express written authorization.

To the extent that you may access or download any software that is made available through GuardChild from the Website ("Software"), such software is the copyrighted work of third party licensors. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. You may not install or use any Software that is accompanied by or includes such an end user license agreement unless You first agree to the terms of such agreement. Any warranty applicable to the Software will be specified in the terms of the License Agreement and no additional warranties are provided herein. If you have any inquiries concerning these terms, please consult the vendor from whom you purchased the software.

COMPLIANCE WITH APPLICABLE LAWS
You agree to comply with all applicable laws and regulations of the Unites States and other foreign authorities (including, but not limited to United States export laws, trade restriction laws or license requirements and laws regarding the transmission of technical date, including but not limited to encryption, exported from the United States through the services available on the Website) relating to any service, product, or download associated or available with or through the Website.

EXPORT CONTROL LAWS: NOTICE TO U.S. GOVERNMENT USERS
The export and re-export of any GuardChild software products, or any other software products appearing on the GuardChild website, are controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to Cuba, Iran, Libya, North Korea, Sudan, or Syria or any country to which the United States embargoes goods. In addition, GuardChild software, and any other software products appearing on the GuardChild website, may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

By downloading any GuardChild software product or any other software products appearing on the GuardChild website, you are certifying that you are not a national of Cuba, Iran, Libya, North Korea, Sudan, or Syria or any country to which the United States embargoes goods and that You are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

CONTENT SUBMITTED OR MADE AVAILABLE TO GUARDCHILD
GuardChild will not claim ownership of any data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”) you submit or make available for inclusion on the GuardChild Website. However, by agreeing the Agreement, you hereby grant GuardChild a worldwide, royalty-free, nonexclusive, unrestricted, sub-licensable, perpetual, irrevocable license to use, distribute, reproduce, modify, adapt, create derivative work from, publish, translate, publicly perform and publicly display the Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any person, without any liability whatsoever. You further expressly permit, license, assent to and recognize GuardChild‘s right to register, deposit, or otherwise record any modification or derivative work created by GuardChild from the Content with any international or domestic registration body, including but not limited to the United States Copyright Office and the United States Patent and Trademark Office. You further hereby expressly and irrevocably waive all moral rights in the Content, in favor of GuardChild and any of its successors or assigns.

By submitting any documents, comments, questions, suggestions, plans, notes, drawings, ideas, proposals, or materials similar thereto (“Submissions”) to GuardChild, through its feedback webpage, postings, email message, or in any other manner, you hereby explicitly agree that: (a) your Submissions do not contain confidential or proprietary information; (b) your Submissions automatically become the property of GuardChild without any obligation of GuardChild to you; (c) GuardChild is not under any obligation of confidentiality relating to the Submissions, either express or implied; (d) GuardChild shall be entitled to use or disclose the Submissions in any way, manner, purpose or otherwise, worldwide; (e) GuardChild may have under consideration or development similar ideas to the Submissions; and (f) you are not entitled to any compensation or reimbursement of any kind from GuardChild in exchange for the Submissions.

You agree not to upload, distribute, make available, or otherwise publish through the Website any Content that is unlawful, encouraging of another to commit unlawful activity, violative of the rights of any party, infringing upon the patent, trademark, trade secret, copyright, or other intellectual or proprietary property right of any party, defamatory, libelous, obscene, pornographic, indecent, lewd, invasive of privacy or publicity rights, abusive, threatening, harassing, or otherwise objectionable.

GuardChild retains the right, but not the obligation, to monitor any activity and Content submitted, posted, uploaded, or otherwise communicated to or by the Website. GuardChild may block, edit, or remove any Content it deems to be violative of this Agreement, or any other Content or Submissions that GuardChild deems, in GuardChild’s sole discretion, to be objectionable or in any way not in furtherance of the goals or purposes of GuardChild or the Website. However, GuardChild takes no responsibility and assumes no liability for any Content posted by you, or any damage caused by another user’s access to such content on the GuardChild site, whether before or after any removal of such Content by GuardChild. GuardChild in no way endorses any Content posted to the Website.

Further, GuardChild may access and use the Website and any information stored thereon, including the contents of any Content or Submissions, for any lawful purpose. Further, we may disclose the contents of any Content or Submissions to any third party, including any law enforcement agency, to protect our rights or property, or for any other reason.

GUARDCHILD’S INTELLECTUAL PROPERTY RIGHTS
The Website and its downloadable contents are protected by the copyright laws of the United States and other jurisdictions. You may print and/or download a copy of any part of the Website for your personal, non-commercial use, but you may not copy any part of the Website for any other purpose without the express written consent of GuardChild, and you may not modify any part of the Website for any reason. Inclusion of any part of the Website in another work, whether in printed, electronic or other form, or inclusion of any part of the Website in another website by linking, framing, in-line linking, or otherwise, is strictly prohibited without agreeing to GuardChild’s Terms and Conditions.

The trademarks, service marks, logos and any designs used or displayed on the Website specific to GuardChild are trademarks and/or service marks owned by GuardChild. Any use of copyrighted works, trademarks or service marks, including the reproduction, modification, distribution or republication of same without the prior express written permission of GuardChild is strictly prohibited. Other copyrighted works, trademarks, service marks, trade names and company logos utilized on the Website are the property of their respective owners. All rights reserved. The appearance of any such third party trademarks does not in any way imply any connection, license, approval or other such relationship of any kind with such third party.

The website may also contain samples of GuardChild’s programs for informational purposes. These programs cannot be used for any commercial purpose. Moreover, certain technology and programs may be subject to intellectual property rights, and any unauthorized use is strictly prohibited.

GuardChild can be reached by directing communications to: administrator@guardchild.com

DIGITAL MILLENIUM COPYRIGHT ACT
If you believe that any Content, Submission, or other material posted on the Website infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with a correspondence containing the following:

•A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;

•Identification of the copyrighted work claimed to have been infringed;

•Identification, with information reasonably sufficient to allow its location, of the material that is claimed to be infringing;

•Information reasonably sufficient to permit GuardChild to contact you;

•A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,

•A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

AGREEMENT
GuardChild may investigate any reported, alleged or suspected violation of this Agreement, and take any action that GuardChild, in its sole discretion, deems appropriate. Such action may include issuing warnings, suspension of a user’s access to the Website or complete termination of such access, at any time.

LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
IN NO EVENT SHALL GUARDCHILD, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OR ANY OTHER INDIVIDUAL’S USE OF OR ACCESS TO THE WEBSITE. GUARDCHILD DOES NOT WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. ADDITIONALLY, GUARDCHILD DOES NOT WARRANT THAT ANY INFORMATION TRANSMITTED BY GUARDCHILD TO ANY INDIVIDUAL VIA THE WEBSITE IS ACCURATE OR EFFECTIVE. FURTHER, NEITHER GUARDCHILD, NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR HOSTING OF THE WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE AND/OR ACCESS TO THE WEBSITE, ANY SERVICES CONTAINED HEREON AND ANY THIRD PARTY PRODUCTS REFERENCED OR PURCHASED HEREON. EXCEPT AS OTHERWIST PROVIDED IN THE WEBSITE MEMBERSHIP AGREEMENT, TO THE EXTENT APPLICABLE, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR THE MATERIALS IS TO STOP USING THE WEBSITE OR THE MATERIALS.

Without limiting the foregoing, everything on the Website is provided to you "AS IS" and GUARDCHILD SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE, ITS CONTENTS, AND ANY SERVICE PROVIDED VIA THE WEBSITE.

INDEMNITY
You agree to defend, indemnify and hold harmless GuardChild, its affiliates and its suppliers, and each of their respective partners, employees, representatives and agents, from and against all claims, losses, costs, damages, liabilities and expenses (including, but not limited to, attorney fees) arising out of:

•Your activities in connection with the Website;

•Any violation of this Agreement by you;

•Any improper or unauthorized use of the Materials by you;

•Any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through access to Sex Offender Registry information;

•Any allegation that anything you transmit or attempt to transmit, including but not limited to any Content you submit, post, or otherwise make available, through or in connection with the Website infringes or otherwise violates the intellectual property, privacy or other rights of any third party.

SEVERABILITY
If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.

INCORPORATION OF PRIVACY POLICY
We use your information only as described in the Privacy Policy, which is expressly incorporated as terms of this Agreement. If you object to anything in the Privacy Policy please do not use our services.

DISPUTE RESOLUTION, CHOICE OF LAW AND JURISDICTION
Unless otherwise specified, the Website and its contents are provided solely for providing information.

GuardChild participates in the Better Business Bureau's BBBOnLine Program. This means that we have committed to cooperating with BBB efforts to resolve disputes that may arise under this Agreement. Upon your request, we will agree to participate in a BBB dispute resolution process to resolve disputes arising out of your use of the Website that the BBB will accept. Limits exist as to the type of claims that the BBB will handle. Please call the BBB of NJ for more information.

The Website is controlled and operated by GuardChild from New Jersey. Any dispute arising under the Agreement, other than for those disputes resolved through the BBB dispute resolution process, shall be resolved exclusively by New Jersey state or federal courts, applying New Jersey law, and, by your use, you waive any jurisdictional, venue or inconvenient forum objections to such courts for purposes of resolving these disputes.

LINKS TO OTHER WEBSITES
The Website may contain links to other sites ("Third Party Websites"). These links are provided solely for the convenience of our users. GuardChild does not necessarily endorse, sanction, warrant or verify the content, opinions or accuracy of any information contained on Third Party Websites. Once you access a Third Party Website through a link on the Website, you are no longer covered by the Privacy Policy or Terms and Conditions of the Website and you may be subject to an additional Terms and Conditions and Privacy Policy provided by such Third Party Website. Concerns regarding a Third Party Website should be directed to the Third Party Website itself. GuardChild bears no responsibility for any action associated with any Third Party Website.

POLICIES FOR CHILDREN
The Website is not directed to individuals under the age of 13, nor does it contain information which would be potentially harmful to minors in any way. However, we advise all visitors to the Website under the age of 13 not to disclose or provide any Personally Identifiable Information. In the event that GuardChild discovers that a child under the age of 13 has provided Personally Identifiable Information to us, we will delete the child's Personally Identifiable Information in accordance with the Children's Online Privacy Protection Act of 1998. Please see the Federal Trade Commission's website for this act:

http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/ for more information.

Notwithstanding the foregoing, Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet Service Provider for more information.