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Disclaimer

First Guardian Group provides access to certain areas of this website (the “Site”), and the materials and services available through the portions of the website, subject to the following terms and conditions of use (these “Terms”), which constitute a legal contract between You (as either an individual or a legal entity, and hereafter referred to as “You”) and First Guardian Group. By accessing or using the Site, You agree to be bound by these Terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OR SUCH LAWS AND REGULATIONS, YOU ARE NOT AUTHORIZED TO ACCESS AND USE THE SITE OR THE MATERIALS AND SERVICES, AND YOU ARE REQUIRED TO EXIT THE SITE.

IF YOU ARE ENTERING THIS AGREEMENT ON BEHALF OF A CORPORATION OR OTHER LEGAL ENTITY, OR ACCESSING OR USING THIS SITE AS PART OF YOUR DUTIES AS AN EMPLOYEE OF A CORPORATION OR OTHER LEGAL ENTITY, YOU HEREBY REPRESENT AND WARRANT TO First Guardian Group THAT YOU ARE AUTHORIZED TO ACT ON BEHALF OF SUCH CORPORATION OR LEGAL ENTITY AND TO BIND THE SAME TO THESE TERMS AND ALL OBLIGATIONS ARISING HEREUNDER. ALL RIGHTS AND LICENSES GRANTED HEREUNDER ARE PERSONAL TO YOU AND SHALL NOT INCLUDE ANY RIGHT TO GRANT SUBLICENSES TO ANY THIRD PARTY EXCEPT AS EXPRESSLY SET FORTH HEREIN.

ALL MATERIALS, INCLUDING ALL INFORMATION, DATA, PRODUCTS, SAMPLES, AND SOFTWARE (“MATERIALS”), AND ALL SERVICES, INCLUDING ALL TECHNICAL SUPPORT, DESIGN SERVICES, DATA AND INFORMATION STORAGE (“SERVICES”), PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, First Guardian Group DISCLAIMS ALL WARRANTIES IN CONNECTION WITH THE SITE, MATERIALS AND SERVICES, AS FURTHER SET FORTH BELOW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM First Guardian Group SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY OR TO CREATE ANY WARRANTY.

ACCESS AND USE OF THE SITE.

You are granted permission to access and use the Site, including permission to download, copy, and display materials contained on the Site, on a limited basis for internal, noncommercial, informational purposes only and strictly subject to these Terms. The permissions granted by these Terms shall extend to officers, directors, employees, and agents authorized by You in accordance with these Terms (“Authorized Users”), subject to such Authorized Users being bound by this to the same extent as You. You shall be liable, jointly and severally, for all acts and breaches of these Terms by any Authorized User.

PROPRIETARY RIGHTS.

The Materials provided or appearing on this Site include descriptions of patented technology, copyrightable subject matter, trademarks, service marks, and trade names (“Intellectual Property”) which are proprietary to First Guardian Group or other third parties and are protected by patent, copyright, and trademark laws. You may not use the Materials or Intellectual Property except as permitted under these Terms without the prior written consent of First Guardian Group. Any unauthorized use or copying of any Materials or Intellectual Property may violate patent, copyright, trademark and other laws. As between You and First Guardian Group, First Guardian Groupshall retain all rights, title, interests, and ownership of any kind, including but not limited to, any and all intellectual property rights of every kind whatsoever, in and to the Site, and all Materials and Intellectual Property contained on or available through the Site. Neither You nor any other user shall be deemed to obtain any rights to the Site, Materials or Intellectual Property, and nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright, trademark, or trade secret of First Guardian Group or any third party, except as expressly set forth in these Terms. The ownership and use of any and all software obtained through the Site shall be subject the end-user license agreement incorporated in or accompanying such software. By downloading any such software. You agree to be bound by the terms of the corresponding end-user license agreement.

USER CONDUCT.

You agree to abide by all applicable local, state, First Guardian Group and foreign laws, treaties and regulations applicable to use of the Site. You shall not in any manner: (i) distribute, use or make copies of, or otherwise duplicate the Materials contained on the Site, except as expressly authorized under these Terms; (ii) make the Site, or any Materials contained on the Site, available to any unauthorized third party; (ii) sell, loan, rent, lease, re-license, sublicense, transmit, distribute, re-distribute, or timeshare the Site, or create any Internet “link” to the Site without prior express authorization from First Guardian Group, or “frame” or “mirror” the materials or services contained on or accessible from the Site on any other server or Internet-based device; (iii) cause or permit the reverse engineering, disassembly, decompilation of, or any other attempt to derive any software comprising or available through the Site, except to the extent permitted by law; or (iv) remove, alter, amend, or otherwise tamper with any titles, trademarks, copyright, restricted rights notices, or other proprietary rights legend, or any license agreement, included or provided with the Site. In addition, without limitation, You agree not to use the Site: (a) to harvest, collect, gather or assemble any Materials for other than internal, noncommercial use; (b) to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (c) to transmit or post any material or information which is unlawful, harassing, libelous, abusive, harassing, tortious, defamatory, threatening, harmful, abusive, libelous, invasive of another’s privacy, vulgar, obscene or otherwise objectionable; (d) to transmit any material that may infringe the intellectual property rights or other rights of third parties, including any patent, trademark, copyright, trade secret, or right of publicity; (d) to transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots; (e) to interfere with or disrupt servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (f) to attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password mining or any other means; or (g) to harass or interfere with another user’s use and enjoyment of the Site.

USER RESPONSIBILITIES.

You are solely responsible for (i) any and all activities You shall not share Your Account password with any person or entity that is not an Authorized User. You shall notify First Guardian Group immediately of any unauthorized use of the site, or any other breach of security that is known or suspected by You.

CHANGES TO USER TERMS AND CONDITIONS.

First Guardian Group reserves the right from time to time in its sole discretion to establish or modify these Terms governing use of the Site by posting notice of such changes on the Site accessible by You, or as otherwise provided in these Terms. By using or accessing the Site or Your Account subsequent to the posting of any change to these Terms You shall be deemed to have consented to such changes.

CHANGES AND UPGRADES.

First Guardian Group may in its sole discretion and at any time materially change, add to, delete from, or revise any portion of the Site, including the scope and extent of the Site’s functionality, or otherwise provide any updates, upgrades, or enhancements to the Site.First Guardian Group may remove, replace or modify the Site at any time without notice. Unless First Guardian Group agrees otherwise in writing, each such upgrade, enhancement, change, addition to or deletion from the Site shall be incorporated therein and shall be subject to all terms and conditions set forth in these Terms. First Guardian Group makes no commitment to update to keep the Site current.

PRIVACY POLICY.

To the extent consistent with these Terms, the terms and conditions of First Guardian Group ‘s privacy policy are incorporated herein by reference. This Site is intended for use by persons over the age of 13. First Guardian Group does not seek to collect information about anyone whatsoever.

GENERAL DISCLAIMERS.

THE SITE, THE MATERIALS, AND THE SERVICES ARE PROVIDED, AND ARE ACCEPTED BY YOU, “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, First Guardian Group DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ANY MATERIALS DOWNLOADED OR SERVICES OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS SITE. First Guardian Group MAKES NO WARRANTY OR REPRESENTATION AS TO THE AVAILABILITY, PERFORMANCE, ACCURACY, RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, COMPLETENESS OF, OR THE RESULTS OF THE USE OF, THE SITE, THE MATERIALS, OR THE SERVICES. MORE PARTICULARLY, First Guardian Group DOES NOT REPRESENT OR WARRANT: (I) THAT THE SITE, THE MATERIALS, OR THE SERVICES WILL BE SECURE, TIMELY, RELIABLE, UNINTERRUPTED, OR FREE FROM ERRORS, INACCURACIES, VIRUSES, OR HARMFUL COMPONENTS, OR WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (II) THAT THE SITE, THE MATERIALS, OR THE SERVICES, OR ANY INFORMATION OR DATA OBTAINED, PROCESSED, OR STORED BY YOU THROUGH THE SITE, THE MATERIALS, OR THE SERVICES, WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (III) THAT ANY STORED INFORMATION OR DATA WILL BE ACCURATE OR RELIABLE; (IV) THAT ERRORS OR DEFECTS WILL BE CORRECTED; OR (V) THAT YOUR ENJOYMENT OF THE SITE, MATERIALS OR SERVICES WILL BE WITHOUT INTERFERENCE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM First Guardian Group SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY OR TO CREATE ANY WARRANTY.

LIMITATIONS.

YOU ARE ADVISED NOT TO RELY FOR ANY PURPOSE ON THE SITE, THE MATERIALS, OR THE SERVICES. First Guardian Group WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS SITE, THE MATERIALS, SERVICES OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER THEORY OF LAW, INCLUDING WITHOUT LIMITATION ANY LOSS OF INCOME, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF ANY USER INFORMATION OR OTHER DATA, EVEN IF First Guardian Group OR AN First Guardian Group AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

LINKS TO OTHER SITES.

The Site contains links to websites maintained by other parties, and First Guardian Group does not control these parties or the content, products, or services offered through such websites. The inclusion of any link does not imply any endorsement by First Guardian Groupof the linked site, or of any content, products, or services offered through the linked site. First Guardian Group makes no representations or warranties whatsoever about any linked site, or the availability of any products offered through the linked site, and accepts no responsibility or obligation in connection with Your use of any linked site. The entire risk and responsibility arising from linking with any such site, including any transactions entered into through such site, remains with You.

TERMINATION.

You have the right to discontinue use of the Site at any time. First Guardian Group may at any time and in its sole discretion modify, restrict, or terminate these Terms and all rights granted hereunder. The permissions granted herein shall automatically terminate, and all use of the Site, Materials, and Services by You must cease immediately, upon any breach of these Terms. First Guardian Group shall not be liable to you or any third party for any claim or cause of action arising out of such termination.

ENTIRE AGREEMENT/AMENDMENTS.

These Terms constitutes the complete agreement between You and First Guardian Group concerning the subject matter set forth herein, and supersedes all prior or contemporaneous negotiations, agreements or representations in respect thereof. You may also be subject to additional terms and conditions that may apply when you purchase products or services, participate in a sweepstakes, contest or other promotion, or use or download software. These Terms may not be amended, modified or supplemented except in writing by First Guardian Group, and no other act, document, usage or custom shall be deemed to amend, modify or supplement these Terms.

ASSIGNMENT.

You may not transfer or assign to any third party, in whole or in part, any other rights or permissions granted under these Terms, without the prior written consent of First Guardian Group, which consent First Guardian Group may withhold in its sole discretion. Any attempted assignment in violation of this provision shall be null and void and shall automatically terminate all rights and permissions granted under these Terms.

WAIVER.

Neither party shall be deemed by any act, delay, or omission to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the waiving party, and only to the extent specifically set forth in said writing. A waiver, failure or delay in exercising any right, power or privilege, or any single or partial exercise of any right, power or privilege, will not act to preclude any subsequent or further exercise of that or any other right, power or privilege.

SEVERABILITY.

If the application of any provision hereof to any particular Party, facts, or circumstance shall be held by a court of competent jurisdiction to be invalid or unenforceable, then (i) such provision shall be reformed without further action by the Parties to the extent strictly necessary to render such provision valid and enforceable when applied to such particular Party, facts, or circumstances; and (ii) the validity and enforceability of such provision as applied to any other particular Party, facts, or circumstances, and the validity and enforceability of all of the other provisions hereof, shall in no way be affected or impaired thereby.

GOVERNING LAW.

These Terms shall be governed by and construed in accordance with the laws of the State of California applicable to contracts entered into and wholly performed therein, without regard to that body of law pertaining to conflicts of laws. Any suits or controversies between the Parties arising hereunder shall be adjudicated before a court of competent jurisdiction located in Santa Clara County, California.

NOTICES.

Any notice required or permitted to be given to First Guardian Group under these Terms shall be given as follows: by letter sent by first class postage prepaid mail to First Guardian Group, 100 Century Center Court Suite 503, San Jose, California 95112, attention Webmaster. First Guardian Group may give notice to You by means of a general notice via the Services, electronic e-mail to Your e-mail address on record in First Guardian Group ‘s account information, or by written communication sent by first class mail to Your address on record in First Guardian Group ‘s account information. A change of address by either Party shall only be effective if given in accordance with the provisions of this Section.

Disclaimer September 21, 2014