LAST UPDATED SEPTEMBER 11, 2023
Terms of Use
InfoGuard and its affiliates (collectively “InfoGuard,” “we,” or “us”) welcome you to this website. By accessing, using, browsing, and/or linking to this website, you agree to abide by and be bound by the following Terms of Use (the “Terms”) and to comply with all applicable laws and regulations. From time to time, we may modify the Terms, and you agree to accept and be bound by any such modifications. The InfoGuard Privacy Policy is available to view on this website, and it is incorporated into these Terms.
InfoGuard Intellectual Property
All contents of the InfoGuard website, including, without limitation, text, images, and graphics (collectively, the “Contents”), the copyrighted work of InfoGuard, its subsidiaries, affiliates, vendors, or licensors. Except as expressly authorized by InfoGuard, the Contents may not be republished, reproduced, downloaded, displayed, distributed, or posted in any form or by any means. Elements of the InfoGuard website and the Contents are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part by any means, including but not limited to the use of framing or mirrors. If you believe the InfoGuard website or the Contents infringe upon your intellectual property rights, please contact InfoGuard.
User Submissions
Except as otherwise set forth in InfoGuard’s Privacy Policy, any materials, information, or other communication that you transmit or post to this website will be considered non-confidential and non-proprietary, and InfoGuard and its designees will be free to copy, disclose, distribute, incorporate, and otherwise use such materials, information, or other communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.
Links to Third-Party Websites
Links to third-party websites on this website are provided solely for your convenience. InfoGuard does not endorse or make any representations about these third-party websites or their content. InfoGuard has not reviewed all of these third-party sites, and InfoGuard does not control and is not responsible for any of these sites, their content, or any results that may be obtained from using them. Accessing any third-party websites linked to this website will be entirely at your own risk.
Linking to InfoGuard’s Website
By sending an email request to InfoGuard, you may request permission to create a hypertext link to InfoGuard’s website from your website. If InfoGuard provides such permission, the hypertext link to InfoGuard’s website must properly attribute the linked website to InfoGuard. Neither your website nor your link to this website (a) shall imply InfoGuard’s sponsorship or endorsement of your website or the products, services, or materials promoted or set forth on your website; (b) shall contain republished, redistributed, or copied materials from this website, including by framing or other means; or (c) shall misrepresent the relationship with InfoGuard or contain any false, misleading, or derogatory information about InfoGuard or its products or services.
Disclaimer of Warranties
THIS WEBSITE AND THE CONTENTS ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” INFOGUARD AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE WEBSITE, NOR DO THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
No advice or information, whether oral or written, obtained by you from InfoGuard shall create any warranty not expressly made herein. The information and services on this website may be outdated, and InfoGuard does not commit to updating the materials and services. Information published on this website may refer to products, programs, or services unavailable in your area.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL INFOGUARD (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) OR ITS AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY USE OR MISUSE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, AND OTHER TORT ACTIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF INFOGUARD AND ITS AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU AGREE THAT THE LIABILITY OF INFOGUARD (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) AND ITS AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO INFOGUARD FOR THE USE OF THE WEBSITE.
Indemnification
By using this website, you agree to indemnify, defend, and hold harmless InfoGuard (including its parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers, and any third-party information providers) against all claims, losses, expenses, damages, and costs (including reasonable attorney fees) resulting from any breach of the Terms or unauthorized use of this website. Your indemnification obligation shall survive any termination or modification of the Terms. At our expense and election, we reserve the right to assume the exclusive defense and control of any matter subject to your indemnification, and you agree to cooperate with InfoGuard in connection with our defense.
Waiver
No delay or omission by InfoGuard to exercise any right occurring upon any noncompliance on your part with respect to any of the Terms shall impair any such right or power or be construed to be a waiver thereof. Any waiver by InfoGuard of any of the covenants, conditions, or agreements to be performed by you shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained.
General
These Terms shall be subject to and construed in accordance with the laws of the State of New York. By using this website, you consent to the exclusive jurisdiction of the state and federal courts in Santa Clara County, California, in all disputes arising out of or relating to these Terms or InfoGuard’s website. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall remain in effect.
