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Terms of use

The following terms apply to anyone (person or entity) accessing any part of the GuardSaaS internet web site at guardsaas.com. This Agreement is a legal agreement between the User and RF Enabled Limited for the GuardSaaS Software Application Services you subscribe to. These Software Application Services include computer software, data storage mechanisms, databases and related designs, printed materials, and online or electronic documentation (Software Application Services, Application Services, or Software). By using the Software Application Services, you agree to be bound by the terms of this Customer Agreement. If you do not agree to the terms of this Customer Agreement, you are not authorized to use the Software Application Services.

RF Enabled Limited reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the GuardSaaS web site. All material modifications will apply prospectively only. Your continued use of the GuardSaaS Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the GuardSaaS Services immediately. You may receive a copy of this Agreement by contacting us at our Help site.

Member Account, Password and Security

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify RF Enabled Limited of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. RF Enabled Limited cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

The right to use the account is based on the availability of access to the e-mail address to which the account is registered and the knowledge of the password. The right to use the equipment is based on the knowledge of its serial number and password. We do not have the opportunity and the right to interfere with the ownership of equipment and account and are also required to protect the rights of the owner of the login. When registering a new account, you should make sure that only the owner has access to it and the primary address of the account was the address of the real owner of the account and the equipment. If the account has an unauthorized person's login, we can not do anything to restore access to this account if an unauthorized person changes his password or login.

Member Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not RF Enabled Limited, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. RF Enabled Limited does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will RF Enabled Limited be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

User agrees not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with RF Enabled Limited's web site in any manner. If User in any way Interferes with GuardSaaS's web site, User agrees to pay all damages incurred by RF Enabled Limited, including any consequential damages, and agrees that the measure of hard to determine damages will be the highest estimate of damages as provided by RF Enabled Limited. User's Interference with GuardSaaS's web site relieves RF Enabled Limited of any of its contractual or other legal obligations to User, including RF Enabled Limited's obligations under its Privacy Policy. RF Enabled Limited will cooperate with the authorities in prosecuting any User who Interferes with GuardSaaS's web site, attempts to defraud RF Enabled Limited, or attempts to defraud credit card companies or any other parties through User's use of GuardSaaS's web site or services.

You agree to not use the Service to:

• upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• harm minors in any way;
• impersonate any person or entity, including, but not limited to, a RF Enabled Limited official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• intentionally or unintentionally violate any applicable local, state, national or international law;

Violation of any of the items in this Section relieves RF Enabled Limited of any of its contractual or other legal obligations to User, including RF Enabled Limited's obligations under its Privacy Policy.

RF Enabled Limited reserves the right to refuse any or all service to any User for any reason, at any time, at RF Enabled Limited's sole discretion. User agrees that RF Enabled Limited may block its IP address or addresses at any time, and at RF Enabled Limited's sole discretion, thereby disallowing User's continued use of GuardSaaS web site.

Changes

RF Enabled Limited reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that RF Enabled Limited shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree that RF Enabled Limited has no responsibility or liability for the deletion or failure to store any survey data or other Content maintained or transmitted by the Service. You acknowledge that RF Enabled Limited reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that RF Enabled Limited reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Intellectual Property

The Software Application Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Application Services are licensed, not sold. All title and copyrights in and to the Software are owned by RF Enabled Limited or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Software Application Services is the property of the respective content owner and also may be protected by applicable copyright or other intellectual property laws and treaties.

Links to Third Parties

RF Enabled Limited makes no claims or representations about any Web Site not under RF Enabled Limited's control that a User may access from GuardSaaS's web site-- by link, frame, or any other means ("Linked Site"). Any link, frame, or any other means to access any Linked Site provided by RF Enabled Limited or otherwise on GuardSaaS's web site does not constitute RF Enabled Limited's endorsement, recommendation, or acceptance of any responsibility for the content of that Linked Site or the operators of that Linked Site.

Liability Disclamer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE GUARDSAAS SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE GUARDSAAS SITES/SERVICES AND TO THE INFORMATION THEREIN. GUARDSAAS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN GUARDSAAS SITES/SERVICES AT ANY TIME.

RF Enabled Limited AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE GUARDSAAS SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. RF Enabled Limited AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT RF Enabled Limited SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A GUARDSAAS SITE/SERVICE. YOU SPECIFICALLY AGREE THAT RF Enabled Limited IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT RF Enabled Limited IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A GUARDSAAS SITE/SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL RF Enabled Limited AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE GUARDSAAS SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE GUARDSAAS SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE GUARDSAAS SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE GUARDSAAS SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RF Enabled Limited OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE GUARDSAAS SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE GUARDSAAS SITES/SERVICES.

If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect.

These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by RF Enabled Limited.