PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY AND CLICK THE AGREE BUTTON WHEN YOU ARE DONE
The following rules and regulations apply to all Baby Guard customers to or users of this Web Site. By accessing this area of the Web Site warranty and registration page, user acknowledges acceptance of these terms and conditions. IF YOU DO NOT ACCEPT THESE TERMS (“TERMS”), DO NOT USE THIS SECTION OF THE WEB SITE. Baby Guard, Inc. (“Baby Guard”) reserves the right to change these rules and regulations from time to time at its sole discretion. In the case of any violation of these rules and regulations, Baby Guard reserves the right to seek all remedies available by law and in equity for such violations. These rules and regulations apply to all visits to the Baby Guard Web Site, both now and in the future. Further, these terms and conditions apply exclusively to your access to, and use of, this Web site and do not alter in any way the terms or conditions of any other agreement you may have with Baby Guard for products, systems, services or otherwise.
Privacy-Consent to Collect, Process and Transfer Personal Data; Opt Out
Use of this Web site may result in personal data about you being collected or processed by, and transferred to, Baby Guard in countries where legal systems may provide only limited protection for personal data. Such transfers may include personal data you directly provide (such as name or email address) and non-personal data automatically collected or processed (such as your internet domain or IP address) as part of the operation of this Web site or during the course of your activities on or use of this Web site. By using this Web site, you expressly consent to any collection, processing, transfer or use of any personal data. If you do not agree and consent to any transfer, processing, collection or use of such information, please discontinue your access or use of this Web site.
Where collection, processing or transfer of personal data results from your use of this Web site, Baby Guard does not warrant that you will have the ability to control or prevent the collection, processing, use or further transfer of such information; however, Baby Guard will not transfer any such personal data to any company outside of the Baby Guard family of companies without your prior consent. You understand and agree that, with respect to personal data, you may not be able to access such information in the future; correct inaccuracies, if any; erase or cause removal of such information; or block collection or transfer of such information. Baby Guard makes no other representation regarding the collection, processing or transfer or use of any personal data. In no event shall Baby Guard be liable to you or others for any damages resulting from any transfer, processing, collection or use of personal data resulting from your use of this Web site.
Baby Guard hereby authorizes you to copy materials published by Baby Guard on this Web Site solely for non-commercial use within your organization (or if you are a Baby Guard Partner, your customer’s organization) in support of Baby Guard products. No other use of the information is authorized. In consideration of this authorization, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of Baby Guard or any third party.
ALL CONTENTS ON THIS SITE ARE PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEB SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM Baby Guard. Baby Guard customers OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.
You may not post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials. We may terminate an account, deny access to a site or service, or terminate any user who is alleged to have infringed the copyright or proprietary rights of another. Baby Guard will seek damages for distribution of unauthorized copyright materials.
The trademarks, logos and service marks (“Marks”) displayed on this Web Site are the property of Baby Guard or other third parties. Users are not permitted to use these Marks without the prior written consent of Baby Guard or such third party which may own the Mark. “Baby Guard” is a registered trademark of Baby Guard, Inc. In addition, page headers, custom graphics, button icons, and scripts may not be copied, imitated, or used, in whole or in part, without the prior written permission of Baby Guard. Baby Guard will seek damages for distribution of unauthorized copyright materials.
Compliance with Applicable Laws; Export Control Laws
User access to this Web Site is governed by all applicable federal, state and local laws. All information available on the Web Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.
Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Web Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Web Site may be subject to prosecution.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Baby Guard, or postings at this Web site, are non-confidential and (to the extent of your ownership interests therein) shall become the sole property of Baby Guard. Baby Guard shall own exclusive rights and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Forums, Interactive Areas, Postings and Feedback
This Web site may include discussion forums or other interactive areas, including chat rooms, bulletin boards or collaboration facilities. You agree not to upload to, distribute or otherwise publish through this Web site any content which is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise create liability or violate any law. Forums and interactive areas shall be used only for non-commercial purposes. On this site you shall not, without the express written approval of Baby Guard, distribute or publish promotions, advertising or solicitations for funds, goods or services. You shall remain solely liable for the content of any messages or other information posted by you on this Web site, and Baby Guard takes no responsibility and assumes no liability for the content of posted or uploaded material. Baby Guard reserves the right, in its sole discretion, to remove or edit any material posted by you that is determined to be harmful, offensive or otherwise inappropriate.
This Web Site may contain links to third party sites. Access to any other Internet site linked to this Web Site is at the user’s own risk and Baby Guard is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Baby Guard provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
User agrees to take no action which is intended/unintended, or would reasonably be expected, to harm the Company or its or their reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to the Company.
Although Baby Guard has attempted to provide accurate information on the Web Site, Baby Guard assumes no responsibility for the accuracy of the information. Baby Guard may change the programs or products mentioned at any time without notice. Mention of non-Baby Guard products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
ALL INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. Baby Guard AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
Baby Guard AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY Baby Guard PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF Baby Guard OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If you are attempting to use this warranty registration form without having purchased a Baby Guard pool fence and installed by an authorized Baby Guard installer, you will be considered trespassing on intellectual property and will be prosecuted. This warranty registration is intended only for the original owner at the original address of installation only.
Disclosure; Forward-Looking Statements
Some of the information on this Web Site may contain projections or other forward-looking statements regarding future events or the future financial performance of Baby Guard. We wish to caution you that these statements are only predictions and that actual events or results may differ materially. We refer you to the documents Baby Guard files from time to time with the Securities and Exchange Commission. These documents may contain and identify important factors that could cause the actual results to differ materially from those contained in our projections or forward-looking statements.
Products and Services Availability
Because international information is provided at this Web Site, not all products or programs mentioned will be available in your country. Please contact your local sales representative for information as to products and services available in your country.
Software License Agreement
Any software which you download is governed in accordance with (i) the license terms accompanying the file or (ii) if no license terms accompany the file, the terms of the license agreement which accompanied the original product licensed by you which you are updating.