Third Party Sites
From time to time, Guardair may include links to other third party websites. These links do not mean that Guardair endorses these third party sites or their products and services. You agree that Guardair is not liable for content on Guardair's website that is provided by others. You also acknowledge and agree that Guardair is not responsible or liable for any content or other materials on any third party site that may be linked to our site. Any dealings that You have with third parties found on Guardair's website are between You and that third party, and You acknowledge and agree that Guardair is not liable for any loss or claim You may have as a result of dealing with such third party or its content, services or supplies.
License and Ownership
Any and all intellectual property rights ("Intellectual Property") associated with the Web Site and its contents (the "Content") are the sole property of Guardair and its affiliates. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the Web Site are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Web Site are trademarks, service marks or trade dress (collectively, the "Marks") of Guardair, its affiliates or other entities that have granted Guardair the right and license to use such Marks. Such Marks may not be used or interfered with in any manner without the express written consent of Guardair. Except as expressly provided herein, Guardair does not grant to You any express or implied rights to Guardair's or any third party's Intellectual Property. Guardair grants You a limited, personal, non-transferable, non-sublicensable, revocable license to (a) access and use only the Web Site, Content and Products & Services only in the manner presented by Guardair and subject to Your entering into additional required agreement(s), and (b) access and use the Guardair computer and network services offered within the Web Site (the "Guardair Corporation Systems"), but only in the manner expressly permitted by Guardair, only for permitted uses of the Products & Services, and only for lawful purposes. Except for this limited license, Guardair does not convey any interest in or to the Guardair Corporation Systems, information or data available via the Guardair Corporation Systems, Intellectual Property, Content, Products & Services, Web Site or any other Guardair property by permitting You to access the Web Site.
NOTE THAT GUARDAIR RECOGNIZES THAT THE WEB SITE IS ACCESSIBLE WORLDWIDE, AND DOES NOT REPRESENT HERE WITH RESPECT TO THE MARKS (OR OTHER INTELLECTUAL PROPERTY PROVIDED OR AVAILABLE VIA THE WEB SITE) THAT GUARDAIR HAS TRADEMARK, TRADE DRESS, COPYRIGHT, OR OTHER FORMS OF REGISTRATION OR PROTECTION IN EVERY COUNTRY OR JURISDICTION WORLDWIDE – BUT GUARDAIR DOES RESERVE THE MAXIMUM RIGHTS AVAILABLE TO IT WORLDWIDE AND IN EVERY COUNTRY AND JURISDICTION. IF YOU ARE UNCERTAIN OF WHETHER OR NOT YOUR ACTUAL OR PROPOSED USE OF ANY OF THE MARKS IS IN VIOLATION OF GUARDAIR'S RIGHTS IN THE COUNTRY OR JURISDICTION OF SUCH USE, PLEASE CONTACT GUARDAIR FOR CLARIFICATION.
Restrictions on Use of the Web Site
(a) You shall not disguise the origin of information transmitted through the Web Site;
(b) You will not place false, misleading or unlawful information on the Web Site;
(d) You will not input or upload to the Web Site any information, data, programs, modules, or other material which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Web Site, Products & Services, Content or Information or that infringes the Intellectual Property (defined below) or other rights of Guardair or another;
(e) Certain areas of the Web Site may be, now or in the future, restricted to clients of Guardair;
(f) You may not use or access the Web Site or the Guardair Corporation Systems, Content, Information or Products & Services in any way that, in Guardair's judgment, adversely affects the performance or function of the Guardair Corporation Systems, Products & Services or the Web Site or interferes with the ability of authorized parties to access the Guardair Corporation Systems, Products & Services or the Web Site;
(g) You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of Guardair.
Disclaimer of Warranties
WE DO NOT GUARANTEE THAT THE WEB SITE, THE GUARDAIR CORPORATION SYSTEMS, THE PRODUCTS & SERVICES, THE INFORMATION OR THE CONTENT WILL MEET YOUR REQUIREMENTS, ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE, THE GUARDAIR CORPORATION SYSTEMS, THE PRODUCTS & SERVICES, OR THE CONTENT WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY COMPANY REPRESENTATIVE SHALL CREATE A WARRANTY.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEB SITE, THE GUARDAIR CORPORATION SYSTEMS, PRODUCTS & SERVICES AND CONTENT SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COMMONWEALTH OF MASSACHUSETTS, THE UNITED STATES OF AMERICA, AND YOU HEREBY EXPRESSLY SUBMIT TO THE EXCLUSIVE JURISDICTION THEREOF. FURTHERMORE, YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO SUCH COURTS AS THE VENUE FOR AND THE JURISDICTION OF ANY SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEB SITE, THE GUARDAIR CORPORATION SYSTEMS, INFORMATION, PRODUCTS & SERVICES AND/OR CONTENT MUST BE FILED WITHIN SIX (6) MONTHS OF THE OCCURRENCE OF THE EARLIEST EVENT (I.E., ACT OR OMISSION) GIVING RISE TO SUCH CLAIM OR CAUSE OF ACTION.
Governing Law and Language
Guardair may terminate Your access and use of the Web Site, Content, Information, Products & Services, and Guardair Corporation Systems, and any licenses or other rights granted herein, at any time, without warning, at its sole discretion and without penalty or liability to You.