Terms & conditions

GUARDIAN DEBT RELIEF
WEBSITE TERMS OF USE

Last Updated: 11/17/2015

1. Acceptance of the Terms of Use

These terms of use are entered into by and between the user (“you”) and Lifeline Debt Relief, Inc. d/b/a Guardian Debt Relief ("Guardian”, “Company”, "we" or "us"). The following terms and conditions (these "Terms of Use") govern your access to and use of www.guardiandebtrelief.com, including any content, functionality and services offered on or through www.guardiandebtrelief.com and any of its affiliate websites (collectively, the "Website").

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://guardiandebtrelief.com/privacy-policy/ , and incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

2. Eligibility

This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Guardian, and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

3. Modification of Terms

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Website. Your continued use of the Website on or following the effective date of any change means that you accept and agree to the changes.

4. Products and Services

Some of our websites function as an online marketplace where guests and users can learn about and request information and quotes for debt settlement services and other other related services. You understand and agree that if you submit a request for a product or service or for further information relating to a product or service offered through any of the websites, Guardian will share such of your information as may be required in order to process your request(s).

By submitting your contact information to us, you are expressly consenting to be contacted by us or by one or more providers of products and services by telephone (including automated dialing systems), by email or by postal mail even if you have opted into the national Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List or the Do Not Call List of any specific institution.

5. Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

6. Privacy Policy

Registration information and certain other information about you is subject to our Privacy Policy. For more information, see our Privacy Policy.

7. Legal Disclaimer

Registration information and certain other information about you are subject to our Disclaimer. For more information, see our Legal Disclaimer, which can be found at the bottom of our Website.

8. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Guardian, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Guardian. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

9. Intellectual Property Rights & Ownership

7.1 Trademarks
Guardian’s name, logo and all related names, logos, product and service names, designs and slogans are trademarks/trade dress/service marks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of Guardian. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

9.2 Copyright

The Guardian website, along with its affiliate websites, are owned and operated by Guardian. All content displayed on any of the sites, as well as all visual interfaces, graphics, designs, information, computer code (including source code or object code), software and all other elements of the websites are protected by United States copyright laws, and any other intellectual property and proprietary rights and laws. Except as otherwise specified on the websites, all content contained on the websites is the property of Guardian and/or its third-party licensors. Except as expressly authorized by Guardian, you may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from or otherwise make any unauthorized use of such content.

10. License Grants

Subject to your acceptance of and compliance with these Terms of Use, Guardian hereby grants you a personal, limited, non-exclusive, non-transferable revocable license to use the Website for purposes of accessing the information and contacting Guardian for the products and services provided. Guardian reserves all rights not specifically granted herein, including but not limited to the right to exercise whatever lawful means it deems necessary or appropriate to prevent unauthorized use of the Website.

By using the Website, you hereby grant to Guardian a worldwide, non-exclusive, perpetual, irrevocable, transferable, sub-licensable (through multiple tiers), assignable, royalty-free license to transfer, display, reproduce, distribute, modify and otherwise use your personal and other information, subject to the restriction set forth in these Terms of Use and the Privacy Policy.

11. Prohibited User Conduct

By using the Website, you agree not to:

• Use the Website for any purpose other than to access the information and contact Guardian for products and services advertised therein;
• submit, transmit or facilitate the distribution of information or content that is illegal, harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable;
• provide incomplete or inaccurate information about yourself when voluntarily requesting our services or products;
• attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website, or bypass the measures we may use to prevent or restrict access to the Website;
• take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
  use any robot, spider, scraper or other similar system to access the Website;
• impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; or
• submit, upload, post, email, transmit or otherwise make available any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships.

12. Third Party Links

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements, social media links and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

13. Indemnification

You agree to defend, indemnify and hold harmless the Guardian, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

14. No Warranty

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

GUARDIAN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

15. Limitation of Liability

IN NO EVENT WILL GUARDIAN, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

16. Termination

Guardian reserves the right to terminate or suspend your access to and your use of all or part of the Website for any reason or no reason, at any time. Guardian may also take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

YOU WAIVE AND HOLD HARMLESS GUARDIAN, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY GUARDIAN AND SUCH PARTIES, DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER GUARDIAN OR SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.

Your sole and exclusive remedy with respect to any dissatisfaction with the Website, theses Terms of Use, the Privacy Policy or any other policy or practice of Guardian in operating the Website, is to terminate your access to and discontinuing your use of the Website.

17. Severability

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

18. Choice of Law/ Forum

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York [in each case located in the City of New York and County of New York), although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

19. Assignment

You may not transfer or assign any of your rights and obligations under these Terms of Use without the express prior written consent of Guardian. You agree that Guardian may freely and without restriction or limitation assign or transfer any of its rights and obligations under these Terms of Use.

20. Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Guardian with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

21. Survival

The following paragraphs shall survive termination or your refusal to continue to use our Website: 9,10, 12-21.