Personal Security Application Terms and Conditions

By signing up for the Global Guardian Personal Security Application ("Service") or any of the services of Global Guardian Asset Security, a division of Global Guardian LLC ("GGAS"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time here.  GGAS reserves the right to update and change the Terms of Service by posting updates and changes to the GGAS website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement and Global Guardian's Privacy Policy before you may become a GGAS user.  By using any GGAS services, you are agreeing to these terms. Be sure to occasionally check back for updates.

I. Account terms

1. To purchase this Service, you must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
2. To access and use the Services, you must register for a Services account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. GGAS may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
3. You acknowledge that GGAS will use the email address you provide as the primary method for communication.
4. You are responsible for keeping your Services password and activation code secure. GGAS cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
5. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, information, or other data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
6. A breach or violation of any term in the Terms of Service as determined in the sole discretion of GGAS will result in an immediate termination of your Services.

Ii. ACCOUNT ACTIVATION

1. Subject to section 2.2, the person signing up for the Service will be the contracting party ("Account Owner") for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
2. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
3. Upon completion of sign up for the Service, GGAS will collect your credit card and store it on a secure server.
4. If you do not wish to continue using the Service, it is your responsibility to contact GGAS to cancel the Service.

III. GENERAL CONDITIONS

1. Technical support is only provided to paying account holders and is only available via email.
2. The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Delaware and the laws of the United States applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Delaware with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
3. You acknowledge and agree that GGAS may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on the GGAS Payments website, and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to the GGAS Payments website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
4. You may not use the Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States and the State of Delaware.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by GGAS.
6. Questions about the Terms of Service should be sent to AssetSecurity@GlobalGuardian.com.
7. You understand that your Materials (not including credit card information), may be transferred unencrypted and involve:
   • Transmissions over various networks; and
   • Changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
8. You acknowledge and agree that your use of the Service, including information transmitted to or stored by GGAS, is governed by its Privacy Policy.

IV. Global guardian asset security rights

1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
2. We reserve the right to refuse Service to anyone for any reason at any time.
3. Verbal or written abuse of any kind (including threats of abuse or retribution) of any GGAS customer, GGAS employee, member, or officer will result in immediate account termination.
4. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that GGAS employees and contractors may also be GGAS customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
5. In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
6. GGAS retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, GGAS reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.

V. limitation of liability

1. You expressly understand and agree that GGAS shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including any injury or death to any Person, or any property loss or damage, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
2. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, GGAS partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
3. Your use of the Service is at your sole risk. The Service is provided on an as is and as available basis without any warranty or condition, express, implied or statutory.
4. GGAS does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
5. GGAS does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
6. GGAS does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
7. GGAS is not an insurer of your property or the personal safety of persons on your premises and, further, that insurance, if any, on such premises and its contents and any life, disability or health insurance for persons will be your sole responsibility.
8. GGAS does not guaranty or warrant, including any implied warranty of merchantability or fitness for a particular purpose, that the Service provided will avert or prevent the type of occurrences which the Service are designed to detect and GGAS will not be liable for any Loss incurred as a consequence of or incidental to such occurrences.
9. GGAS Company is in no way responsible or liable for:
   • third-party equipment, including the phone and internet line, installed at any location that is required for the provision of Service; or 
   • any damages directly or indirectly caused by third-party error, such as a local law enforcement’s failure to timely respond to GGAS’s notification or their failure to prevent any Loss upon their response.
10. GGAS does not guarantee minimum response times by local law enforcement.
11. GGAS expressly disclaims any responsibility under these Terms of Service to take actions that are or could be construed to be unlawful under any applicable law.

VI. waiver and complete agreement

The failure of GGAS to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and GGAS and govern your use of the Service, superseding any prior agreements between you and GGAS (including, but not limited to, any prior versions of the Terms of Service).

VII. intellectual property and customer content

1. We do not claim any intellectual property rights over the Materials you provide to the Service. All Materials you upload remains yours.
2. We will not disclose your confidential information to third parties, except as required in the course of providing our Services. Confidential information includes any Materials or information provided by you to us which is not publicly known. Confidential information does not include information that:
   • was in the public domain at the time we received it;
   • comes into the public domain after we received it through no fault of ours;
   • we received from someone other than you without breach of our or their confidentiality obligations; or
   • we are required by law to disclose.

VIII. payment terms

2. Monthly Subscription: By purchasing a Monthly Subscription, you agree to an initial and recurring Monthly Subscription fee at the then-current Monthly Subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your Monthly Subscription at any time, subject to the terms of our cancellation policy.
   • AUTOMATIC MONTHLY RENEWAL TERMS: Once you subscribe and your subscription is active, GGAS will automatically process your Monthly Subscription fee for the current billing cycle. GGAS will continue to automatically process your Monthly Subscription fee each month at the then-current Monthly subscription rate, until you cancel your subscription. 
3. Annual Subscription: By purchasing an Annual Subscription, you agree to an initial pre-payment for one full year of service (once the service has been activated). After one year and annually thereafter, you will be billed a recurring Annual Subscription renewal fee at the then-current Annual Subscription rate. We will notify you before the renewal fee is billed. You may cancel your Annual Subscription any time before the next billing cycle, subject to the terms of our cancellation policy.
   • AUTOMATIC ANNUAL RENEWAL TERMS: We will bill your credit card for the Annual Subscription renewal fee in the first month of your next Annual Subscription.  For example, if you purchased an Annual Subscription on June 15, 2020 and ending on June 14, 2021, we will bill you for the second year (June 15, 2021 to June 14, 2022) on June 1, 2021 unless you cancel your Annual Subscription before June 1, 2021. You accept responsibility for all recurring charges prior to cancellation. Once you subscribe, GGAS will automatically process your Annual Subscription fee at the then-current Annual Subscription rate. 
4. If we do not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all amounts due upon demand. If your account is more than 3 days past due, Service will be discontinued.
5. GGAS does not provide refunds.

IX. cancellation and termination

1. You may cancel your account at any time by emailing AssetSecurity@GlobalGuardian.com and then following the specific instructions indicated to you in GGAS's response.
2. Upon termination of the Services by either party for any reason:
   • GGAS will cease providing you with the Services and you will no longer be able to access your Account;
   • unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise; and
   • any outstanding balance owed to GGAS for your use of the Services through the effective date of such termination will immediately become due and payable in full.
3. If you cancel the Service in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again.
4. We reserve the right to modify or terminate the GGAS service for any reason, without notice at any time.
5. Fraud: Without limiting any other remedies, GGAS may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

X. modifications to the service and prices

1. Prices for using GGAS are subject to change at any time and without notice from GGAS.
2. GGAS reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
3. GGAS shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

XI. privacy and data

GGAS is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that GGAS's collection, usage and disclosure of this personal information is governed by our Privacy Policy.

Last Updated: May 29, 2020