Terms & Privacy
Welcome to GuardeX!
The website, services, content, technologies and goods located at guardex.us, and on any correlating social media platform (collectively, our “Site”) are all owned and operated by Guardex New York LLC, a New York limited liability company (“us,” “we,” or “our,” as the context provides). We provide our Site so that you (you, personally, and if applicable, any person or entity for whom you are using our Site; collectively, “you”) may explore and purchase goods under our “GuardeX” product line.
Terms & Conditions
These Terms & Conditions (these “Terms”) constitute a legally binding agreement made between us and you. By visiting our Site and purchasing goods from us (collectively, “Goods,” and each, an “item”), you engage in our “Services” and you agree to be bound by the Terms contained herein, including any additional terms and conditions and policies referenced to herein and/or available by hyperlink. By using our Site on behalf of any third party, you represent to us that you are an authorized representative of such third party and that your use of our Site or Services constitutes that third party’s acceptance of these Terms.
These Terms apply to all users of our Site and our Services, including without limitation, vendors, customers, merchants, and/or contributors of content.
BY ACCESSING, USING ANY PART OF THE OUR SITE OR SERVICES AND/OR PURCHASING ANY GOODS OFFERED HEREIN, YOU AGREE THAT HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS, WHICH CONTAIN LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE OUR SITE OR ANY OF OUR SERVICES.
To use our Site or Services, you must be, and you represent and warrant that you are, at least 18 years of age, mentally competent, and able to enter into legally binding contacts. You agree to provide current, complete, and accurate purchase information for all purchases made through our Site. You agree to promptly update your account and other information including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Changes to These Terms
We reserve the right to update or modify these Terms at any time, upon notice to you in writing to the last email address you provided, by posting on our Site, or by any other reasonable means of communication.
Your Personal Information
Your submission of any personal information via our Site is governed by our Privacy Statement. Please click here to view our most recent Privacy Statement.
If you wish to transact with or communicate with us, you agree to do so by electronic means. You authorize us to send you important notices about our Site or Services and any pending transactions to the email address you provide us. It is your responsibility to keep your email address up to date and to maintain a valid address and ensure that email we send you are not hidden by spam filters or other types of email blocking functionalities. If you no longer wish to receive electronic communications from us, you may no longer use our Site or Services. You may provide us with notice of such desire at email@example.com, which will be effective when received by us.
Limited License to Use Our Site & Services
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access our Site and use our Services for your personal, non-commercial use. We reserve the right to monitor this Site and the Services for the purpose of determining that your usage compiles with these Terms. This license does not include any resale or commercial use of the Site, any collection and commercial use of any of Our Content, any non-personal use of Our Content, any derivative use of the Site, any downloading, copying or other use of the Site or Our Content for the benefit of any third party, or any use of data mining, robots or similar data gathering and extraction tools. You may use the Site only as permitted by law.
You may not use our Site or Services other than as expressly permitted by these Terms. Without limitation, you may not, directly or indirectly: (a) copy, reproduce, modify, distribute, display, create derivative works of or transmit any content on our Site; (b) use our Site or Services commercially; (c) reverse engineer, decompile, tamper with or disassemble any technology used to provide our Site or Services; (d) interfere with or damage our Site or underlying technology or render our Services unusable; (e) impersonate or misrepresent your identity or affiliation; (f) attempt to obtain unauthorized access to our Site or Services; (g) collect information about users of our Site or Services; (h) violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms; (i) violate any law, rule or regulation; or (j) interfere with any third party’s ability to use, access, or enjoy or our ability to provide, our Site or Services.
We are the owner and/or authorized user of the GuardeX brand. Our Site, including all of the information, contents, photographs, images, text, data, wallpapers, icons, characters, artwork, graphics, page layout, form, product names, descriptions, and prices, software, the code used to generate the pages on our Site, and any registered or unregistered trademarks, trade names, logos, designs, titles and product names, and copyright appearing on our Site (collectively, the “Our Content”), is our property, or the property of our authorized suppliers or licensors, and is protected by intellectual property and other applicable laws in the United States and/or abroad. Except as otherwise expressly provided on our Site or in these Terms, you may not download, upload, copy, print, display, reproduce, publish, license, post, distribute, or otherwise use any of Our Content, in whole or in part, for any public or commercial purpose without our specific prior written permission. You may not use any metatags or any other “hidden text” utilizing any of Our Content without our express written permission. All rights not expressly granted to you in these Terms are reserved and retained by us and/or our suppliers or licensors. The license granted to you by us will automatically terminate if you do not comply with any provision of these Terms.
Content You Submit
If you send comments or suggestions about our Site or our Goods or Services to us, including, but not limited to, notes, text, images, designs or improvements (collectively, “Submissions”), such Submissions shall become, and shall remain, our sole property. No Submissions shall be subject to any obligation of confidence on our part and we shall exclusively own all rights to (including intellectual property rights), and shall be entitled to unrestricted use, publication, and dissemination as to all such Submissions for any purpose, commercial or otherwise, without any acknowledgement or compensation to you.
Use of Social Media Tags
When you use social media tags (such as on Facebook, Instagram or Twitter) that identify or are associated with GuardeX, you agree to provide us with an unrestricted, irrevocable, royalty-free, perpetual, fully paid-up, transferable, worldwide, license to reproduce and use the uploaded content, including images(s), on our Site for marketing purposes.
Our Copyright Policy
We respect the rights of others and we take copyright infringement very seriously. If you believe that a work on our Site constitutes copyright infringement, please provide us with a written statement with all of the following information to firstname.lastname@example.org:
≫ Your address, telephone number, and email address;
≫ A description of the copyrighted work that you claim has been infringed;
≫ A description of where the alleged infringing material is located on our Site, including a hyperlink to such location;
≫ A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright holder, its agent, or the law;
≫ An electronic or physical signature of the person authorized to act on behalf of the holder of the copyright; and
≫ A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright holder or are authorized to act on behalf of the copyright holder.
Please note that under Section 512(f) of the United States Copyright Act, any person who knowingly misrepresents that material or activity is infringing may be subject to liability.
Right to Refuse or Limit Service and/or Cancel Orders
We reserve the right to deny service to anyone at any time for any reason without notice. You may be flagged by our internal system for suspicious activity, including, but not limited to, using a proxy web connection or having a history of fraudulent online activity.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address or phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
We reserve the right to limit the sales of our Goods and Services to any geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Goods or Service that we offer. Any of our Goods or Services may be discontinued at any time.
Disclaimer - Third Party Content and Services
Our Site may contain information and content provided by third parties and/or links to third party services. We have no control over and no obligation to monitor, do not endorse, and are not liable for, any third party information or content or links to third party sites.
Disclaimer - Accuracy of Information
There may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away and we will work with you to cancel your order. While we make every effort to display the colors and images of our goods as accurately as possible, we do not warrant that the quality of any products will meet your expectations.
Our products are not intended to be a substitute for, nor do our products replace, any professional medical advice. Our products are not intended to diagnose, treat, cure, or prevent any disease or health condition. Our products are not intended to replace medical grade PPE or to eliminate the need for social distancing, including any applicable regulation governing such mitigation measures. If you have questions or concerns about your health, or whether PPE is required for your specific situation, you should consult with a physician or other qualified healthcare professional in addition to consulting the most up to date information posted on the Center for Disease Control website.
Our Site & Services are “As-Is”
OUR SITE AND SERVICES ARE PROVIDED “AS AVAILABLE” AND “AS-IS,” TO THE FULLEST EXTENT PERMITTED BY LAW, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESS OR IMPLIED AND STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY, WHETHER EXPRESS OR IMPLIED, AS TO THE COMPLETENESS, ACCURACY, OR APPROPRIATENESS FOR ANY PURPOSE OF ANY INFORMATION OR CONTENT CONTAINED ON OUR SITE. THIS PROVISION IS NOT INTENDED TO DISCLAIM LIABILITY THAT WE MAY NOT DISCLAIM UNDER APPLICABLE LAW.
Local Safety Standards & Regulations
Products presented and sold by us are designed to meet published U.S. safety standards and regulations. We cannot guarantee that our Goods will meet individual state or local safety requirements. You assume responsibility for compliance with state and local standards where our Goods are sold, delivered and used.
Limitation of Liability
IN NO EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WILL WE, OR ANY OF OUR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR REPRESENTATIVES (COLLECTIVELY, “OUR AFFILIATES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OR THE INABILITY TO USE OUR SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR THE COST OF SERVICES, LOSS OF REVENUE OR GOOD WILL.
IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE GOODS TO WHICH THE CLAIM RELATES, OR, IF THE CLAIM DOES NOT TO ANY PURCHASE, THAN $100. THIS PROVISION IS NOT INTENDED TO EXCLUDE ANY LIABILITY THAT WE MAY NOT EXCLUDE UNDER APPLICABLE LAW.
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless us, and Our Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorneys’ fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by you or anyone accessing our Site or Services on your behalf. If we assume the defense of such matter, you will reasonably cooperate with us in such defense.
Consent to Mutual Binding Arbitration
You agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between us (each a “Claim”) will be resolved exclusively by final and binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be conducted by a single arbitrator. The arbitrator’s decision will be final and binding upon us and may be enforced in any court of competent jurisdiction. We agree that arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it will not be disclosed beyond the private arbitration proceedings, except as may lawfully be required in judicial or administrative proceedings relating to the arbitration, by applicable disclosure rules.
Limitation of Actions
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or relating to or connected with these Terms, including your use of our Site or Services, must be filed within 12 months after the date giving rise to such claim or cause of action, or forever be barred.
Waiver of Class Action Rights
BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF OR RELATING TO OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY.
We strive to make our Site and Services accessible to everyone. If you are having difficulty viewing the content on or navigating our Site or accessing our Services, please contact us at email@example.com and we will be happy to assist you.
Entire Agreement Between Us
These Terms and any policies or operating rules posted by us on our Site constitute the entire agreement and understanding between us regarding the subject matter contained herein, and supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between us (including, but not limited to, any prior version of these Terms).
These Terms are Governed by New York State Law
We both agree that these Terms are governed by the laws of the United States of America, and the laws of the State of New York. You agree that the laws of the State of New York will apply regardless of your residence or location of where you access our Site or Services.
Severability & Waivers
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms, and the remaining provisions of the Terms shall remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless expressly agreed by us in writing.