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Use of GuardAmerican Services and Products

GuardAmerican is committed to encouraging responsible gun ownership. To achieve that goal, we provide curricula and materials to assist our visitors, registrants, and subscribers in their personal endeavors to improve their safe use of and competent management of guns they own or rent or otherwise have occasion to use.

There is no substitute for personal, hands-on, professional training by a qualified individual. GuardAmerican is not offered as a substitute for, but to complement, professional training.

By using GuardAmerican offerings, you acknowledge that you are solely and individually responsible for safe handling of any guns you use to complete the Lesson Plans, tips, or suggestions.

Your access to and use of the GuardAmerican services or any content is at your own risk. You understand and agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, GUARDAMERICAN AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. GuardAmerican will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any content. You also agree that GuardAmerican has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications maintained by the service. We make no warranty that the service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from GuardAmerican or through the Service, will create any warranty not expressly made herein.
 
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GUARDAMERICAN AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT GUARDAMERICAN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
 
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
 
If anyone brings a claim against us related to your actions or Content on the Service, or actions or Content by or from someone using your account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

 

General Terms
 
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims, legal proceedings or litigation arising in connection with the Service will be brought solely in San Francisco County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
 
For any claim (excluding claims for injunctive or other equitable relief) under these Terms where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
 
These Terms are the entire and exclusive agreement between GuardAmerican and you regarding the Service (excluding any services for which you have a separate agreement with GuardAmerican that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between GuardAmerican and you regarding the Service.
 
The failure of GuardAmerican to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
 
We may revise these Terms from time to time. The most current version will always be on this page (or such other page as the Service may indicate). If the revision, in our sole discretion, is material we will notify you via posting to our website or e-mail to the email associated with your account. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.
 
You may reach GuardAmerican to comment or inquire further about our polices by using the information available at the bottom of the Home page at www.GuardAmerican.com.
 

PrivacyPolicy

Overview

GuardAmerican is strongly committed to safeguarding consumer information supplied in relation to our site. To meet that commitment to you we operate under these strict privacy principles:

Personally identifiable information provided by members is never disclosed to anyone not required to maintain membership rights, use, and/or privileges.

What this means:

GuardAmerican obtains information about our subscribers that is required to process credit card charges for membership fees. This personally identifiable information includes name, email, home or billing address and is never sold, re-sold, revealed nor made public for any reason.

GuardAmerican provides means for members to track information associated with each subscriber’s account. This is known as the “User Profile.” Each member elects to share information of their choosing within their User Profile settings. Personally identifiable information contained in each member’s User Profile is never disclosed to anyone.

Cookies

Subscribers logging into GuardAmerican.com will cause a temporary “cookie” to be stored in the browser files of the member computer used. This cookie is used during each online session to allow access to member areas, permitting full operation of the site. Without this cookie subscribers would be required to repeatedly re-enter their user name and password, seriously compromising ease-of-use. Therefore a cookie is used to allow the site to work as designed.

This temporary cookie file is automatically removed each time a subscriber logs off from GuardAmerican.com. An option is available for every subscriber to choose to retain this cookie by using the “Remember me” checkbox when logging into the site.

If the “Remember me” checkbox is checked the cookie will not be removed as described above. In general, cookies can be manually deleted from most computer systems at the discretion of the owner.

An important note about online privacy:

Third-party vendors such as Bing (Microsoft), Yahoo, or Google use cookies to target advertisements based on visits to the GuardAmerican website (among other online activities). You may opt out of cookies by visiting the Network Advertising Initiative opt out page.

External Links

In order to provide visitors with valuable information and offers from other companies of interest to our visitors, some pages will provide links to third-party web sites. If you are logged into GuardAmerican many of these links may not appear. For instance, if you are logged in to GuardAmerican and visit the Blog page you will not see advertisements that non-members will see.

In no case is member information nor cookies provided to these third-party sites. Please bear in mind, however, that many sites do attempt to capture visitor information when you view those sites.

Once you leave GuardAmerican.com, we are unable to alert you should another site attempt to gather information from your browser.

Subscriber Forums & Blog Comments

GuardAmerican provides a Forum for members to share information easily so they can participate in discussions. By contrast, Blog comments are made available to everyone, members and non-members alike. It is possible for registrants (and later, only subscribers) to create discussions in GuardAmerican's subscriber Forum related to public Blog posts that non-registrants (later, non-subscribers) can access, but not modify. Members may also create discussions in the subscriber Forum related to other content in the site.

To protect privacy when posting or replying to messages in the Forum, Blog, or other areas where commenting is encouraged, subscriber personal information and email is never revealed. For non-subscribers commenting on the public Blog, emails are never revealed. Subscribers and commenters are urged to cautiously decide the Username they choose to use when creating an account or posting comments as this Username will be visible.

GuardAmerican provides subscribers a transparent ability to discuss all content once logged in. So please remember: 

  • Blogs are publicly viewable content (viewing does not require a user account nor membership), including comments, and should be treated as such.
  • The Forum is member-only-modifiable content (posting requires a user account).

Please also bear in mind that any information disclosed by subscribers in the subscriber Forum can be responded to by all registrants (in contrast to Blog comments, which are public and can be responded to by non-registrants). Each member should cautiously decide what personal information is disclosed.

Security

Our Web site has security measures in place to protect the loss, misuse, alteration, and disclosure of the information under our control. We employ strict security measures to safeguard online transactions; personal information is stored in a secured database and always sent via an encrypted Internet channel.

Communications: Opt-In

GuardAmerican provides an opt-in to receive communications from us. It is GuardAmerican policy to never reveal, sell, nor make available your email address to anyone for any purpose not directly required for our continuing business relationship (eg: communications about your membership and account, or requests to discontinue contact).

If GuardAmerican is required to provide any individual's information in relation to a court order or lawful subpoena, we will comply. We are, after all, law-abiding citizens.

GuardAmerican maintains a database of those who elect to remove their information from our database in order to stop receiving communications about our services.

Other

If you have questions or concerns, please let us know by using the “Contact Us” link at the bottom of the Home page at www.GuardAmerican.com.

Thank you for the opportunity to serve you.