Guardian Strategic Wealth Designs
PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF USE (“TOU”) BEFORE USING ANYTHING ON THIS WEBSITE.
ABOUT THE WEBSITE
This Website is for general information and conceptual purposes only and is not intended to provide you with any personalized financial, insurance, legal, accounting, tax, or other professional advice. You should not rely on this Website as a substitute for independent research or for personal advice.
The information on the Website does not constitute specific advice or recommendations for any individual or entity. It is not designed nor is it intended to provide legal, tax, investment, or any other professional advice since such advice always requires consideration of individual circumstances. When legal, tax, investment, or other professional advice is needed, the services of an attorney or other competent professional advisor should be sought. Therefore, the general information contained in this Website should not be acted upon without first obtaining specific legal, tax, and investment advice from a properly licensed professional who can specifically address your situation.
No information contained on this website may be reproduced or copied in any format without the expressed written permission of Guardian Strategic Wealth Designs.
Nothing on this Website constitutes an offer to buy or sell products or services of any third party. All products and services are subject to the terms and conditions of any applicable contracts and applicable laws. The products and services described on this site are available only in jurisdictions where they may be lawfully offered for sale. Our commentary and analysis are not promotional in nature and are not intended to be advice as to any individual’s personal financial, insurance, legal, accounting, tax or investment needs.
To the extent information on the Website is deemed investment advice; you expressly agree that you will not rely upon such information when making any stock transaction. You further agree to perform your own due diligence and to consult with a registered investment advisor before pursuing any stock or other investment transaction.
RULES FOR USER CONDUCT AND USE OF THE WEBSITE
You must be at least 18 years old to register for and use the Website. If you request to be contacted through the Website by submitting a contact request form, you agree to receive messages from GSWD.
You may not use the Website for any purpose that is unlawful or prohibited by this TOU, or cause damage on or through the Website. You promise that none of your communications with or through the Website will violate any applicable local, state, national or international law.
You agree to defend, indemnify and hold GSWD, its officers, directors, employees, agents, licensors, business associates, and suppliers harmless from and against any actual or threatened claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Website in a manner that violates or is alleged to violate this TOU or any applicable law.
Your permission to use the Website is conditioned upon the following use and conduct restrictions. You agree that you will not under any circumstances:
· post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
· use the Website for any unlawful purpose or for the promotion of illegal activities;
· attempt to, or harass, abuse or harm another person or group;
· interfere or attempt to interfere with the proper functioning of the Website;
· make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
· bypass any robot exclusion headers or other measures we take to restrict access to the Website or use any software, technology, or device to scrape, spider, or crawl the Website or harvest or manipulate data; or
· publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
POSTING AND CONDUCT RESTRICTIONS
We may provide access to message boards or other public posting services if you post or upload information (“User Content”) to the site. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. GSWD, however, reserves the right to remove any User Content from the Website at its discretion.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Website, you agree as follows:
· You are solely responsible for the activity that occurs while signed in to or while using the Website;
· You will not post information that is malicious, false or inaccurate;
· You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to submit such content; and
· You hereby affirm we have the right to determine in our sole discretion whether any of your User Content submissions are appropriate and comply with this TOU, and to remove any and/or all of your submissions, and to terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Website is solely your responsibility. GSWD is not responsible for any public display or misuse of your User Content. GSWD does not, and cannot, pre-screen or
monitor all User Content. However, at our discretion, we, or the technology we employ, may monitor and/or record your interactions with the Website.
Opinions, advice, statements, offers, or other information or content made available through the Website or because of your request for information, but not directly by GSWD, are those of their respective authors, and should not necessarily be relied upon. Those individuals or companies are solely responsible for such content. GSWD does not adopt or endorse, nor is GSWD responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than GSWD.
GSWD takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Website. Under no circumstances will GSWD be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Website, or transmitted to users.
Though GSWD strives to enforce this TOU, you may be exposed to User Content that is inaccurate or objectionable. GSWD reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Website or to limit or deny a user’s access to the Website or take other appropriate action if a user violates this TOU or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious.
Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Website, please contact us using our contact information provided in our contact information under the Customer Service heading at the end of this TOU.
LINKS TO OTHER WEBSITE AND/OR MATERIALS
GSWD may utilize third party service providers to provide certain tools and/or programs, some of which may be housed on a third-party server or on a site which has been independently developed by others. As such, while accessing this site you may be linked to such other third party servers. Access to other sites or use of any
third-party tools or programs on this site are subject to all terms and conditions found therein.
This site, in whole or in part, may periodically be unavailable to you to allow for maintenance or updates, or due to other causes, including causes beyond the control of the Owner. Further, any or all the services on this site may change at any time, with or without notice to you.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. GSWD respects the intellectual property rights of others and requests that users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, GSWD has adopted and implemented a policy that provides for the termination, in appropriate circumstances, of user accounts of the Website who are repeat infringers. GSWD may terminate access for users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Website infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to GSWD’s designated copyright agent at Guardian Strategic Wealth Designs, Attn: Copyright Agent, 1 World Trade Center, Suite 2340, Long Beach, CA, 90831:
1. The date of your notification;
2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
5. Information reasonably sufficient to permit the site provider to contact you, such as an address, telephone number, and/or email address;
6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Website is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
1. Your physical or electronic signature;
2. A description of the content that has been removed and the location at which the content appeared before it was removed;
3. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York and a statement that you will accept Website of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by GSWD copyright agent, GSWD may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in GSWD’s discretion) be reinstated on the Website in 10 to 15 business days or more after receipt of the counter-notice.
By posting any User Content to the Website, you expressly grant, and you represent and warrant that you have a right to grant, to GSWD a royalty-free, sub-licensable,
transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Website.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Website, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Website may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this TOU.
Our Website and all of the contents (articles, text, photographs, images, illustrations, graphics, video material, audio material, and software — collectively, the “intellectual property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The intellectual property is owned or controlled by GSWD or the party credited as the provider of the intellectual property. Additionally, the Website is protected by copyright as a collective work and/or compilation.
No portion of the Website may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by GSWD. You may browse through the Website and occasionally record small amounts of materials appearing on the Website that are of interest to you. You must keep intact all copyright, trademark and other notices contained in your personal copies. Except as otherwise provided in this TOU, you may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically without our express written consent.
You may not save or archive a significant portion of the material appearing on the Website. You may not attempt to alter or modify the content posted on the Website. Except as expressly set forth in this TOU, you may not copy, download, display, distribute, publish, enter into a database, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our intellectual property or the Website.
ARBITRATION AND GOVERNING LAW
The exclusive means of resolving any dispute or claim arising out of or relating to this TOU (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against GSWD in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against GSWD any class action, class arbitration, or other representative action or proceeding.
By using the Website in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and GSWD (except for matters that may be taken to small-claims court). You also GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. A NEUTRAL ARBITRATOR will determine your rights, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against GSWD may be commenced only in the federal or state courts located in Orange County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
This TOU, and any dispute between you and GSWD, shall be governed by the laws of the state of California without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
THE WEBSITE, AND ALL THE CONTENTS, ARE PROVIDED TO YOU “AS IS”. GSWD MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, OR QUIET ENJOYMENT.
UNDER NO CIRCUMSTANCES WILL GSWD OR ANY OTHERS INVOLVED IN CREATING THE WEBSITE AND THEIR CONTENTS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THE WEBSITE OR ITS CONTENT (INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, UNAUTHORIZED USE OF THE WEBSITE, LOST DATA, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY, LINE FAILURE, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE, OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT), EVEN IF YOU HAVE ADVISED GSWD IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
GSWD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT GSWD ON THE WEBSITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THE WEBSITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT OUR COMPANY. WE UNDERTAKE NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall GSWD’s aggregate liability to you or any third party for damages, losses, and
causes of action exceed the amount paid by you, if any, for accessing the Website or $100, whichever is lesser. You agree to bring any and all actions within one year from the date of the accrual of the cause of action, and that actions brought after this date will be barred.
If you are a California resident, you waive California Civil Code §1542, which says:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
For contractual purposes, you (a) consent to receive communications from GSWD in an electronic form via the email address you have submitted; and (b) agree that this TOU and all agreements, notices, disclosures, and other communications that GSWD provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address, to send you other messages, including information about GSWD and special offers. You may opt out of such email by contacting us at:
Guardian Strategic Wealth Designs
1 World Trade Center, Suite 2340
Long Beach, California 90831
Opting out may prevent you from receiving messages regarding GSWD or special offers. Communications made through the Website’s e-mail and messaging system, will not constitute legal notice to GSWD or any of its officers, employees,
agents or representatives in any situation where notice to GSWD is required by contract or any law or regulation.
If any part of this TOU is held invalid or unenforceable, that portion of the TOU will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of GSWD to enforce any provision of this TOU will not be considered a waiver of our right to enforce such provision. Our rights under this TOU will survive any termination of this TOU.
You agree that any cause of action related to or arising out of your relationship with GSWD must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
GSWD reserves the right to seek all remedies available at law and in equity for violations of this TOU including suspending or blocking your access to the Website.
No delay or failure by GSWD to enforce any of this TOU shall constitute a waiver of any of our rights under the TOU. Neither the receipt of any funds by GSWD nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of this TOU. Only a specific, written waiver signed by an authorized representative of GSWD shall have any legal effect.
If you have any questions regarding this TOU, please contact us at:
Guardian Strategic Wealth Designs
Attn: Copyright Agent
1 World Trade Center, Suite 2340
Long Beach, California 90831
Last revised on: March 17, 2017