Terms of Use

Last Updated: January 1, 2019

This is a binding legal contract. Carefully read these website terms of use (“Terms of Use”) before using www.standoffsystems.com (“Website”). By signing up, accessing, or using this website, you agree to be bound by these Terms of Use, and be liable to Gyford Productions, LLC (“Website Owner”) for any noncompliance with these Terms of Use. If you do not agree to these Terms of Use, you may not use the Website, and may not create or maintain a link to the Website.

1. LICENSE: The Website Owner hereby grants to you a revocable, limited, nonexclusive, non-transferable license (“License”) to access, download and complete product orders on the Website, solely for personal and non-commercial purposes, and no other purposes, and subject to the limitations set forth in these Terms of Use. This License will terminate immediately upon any noncompliance by you with any part of these Terms of Use, or at any other time at the sole discretion of the Website Owner. All rights not expressly granted in these Terms of Use are reserved to the Website Owner.

2. LIMITATIONS ON USE: Except as expressly provided under these Terms of Use or upon the Website Owner’s prior express written consent and that of any third-party, as applicable, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, upload, post, license, frame in another website, use on any other website, create derivative works of, transfer, sell, and/or exploit for commercial use, any content, information, products or services provided through or obtained from the Website, including by email or other electronic means. In addition, you may not circumvent any technological measures or features of the Website that control or are intended to control access to the content, or any other protected content or information included on the Website. The information, products, and content displayed on the Website are proprietary or licensed to Website Owner. You agree that you will not use any robot, spider, scraper, crawler, or other automated means to access the Website for any purpose without the Website Owner’s prior express written consent. Elements of the Website, products and services are protected by trade dress, trademark, unfair competition and other laws and may not be copied or imitated in any way.
   1. You further agree that you will not:
      1. take any action that imposes or may impose (in the Website Owner’s sole discretion) an unreasonable or disproportionately large load on the Website Owner’s infrastructure; or
      2. interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website.

3. REPRESENTATIONS AND WARRANTIES: You represent and warrant to the Website Owner that any information you provide on the Website will be true, accurate, and complete, and will not violate any law, statute, ordinance, or regulation. You warrant that you will not falsely identify yourself, impersonate, or falsely represent your affiliation with any person or entity. Except with the prior express written consent of the Website Owner, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Website, the server on which our website is stored or any server, computer, or database connected to the Website. Unauthorized individuals attempting to access prohibited areas of the Website may be subject to legal prosecution. By breaching this provision, you may commit a criminal offense under applicable laws. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them.
   1. You further warrant to the Website Owner that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use, including without limitation:
      1. the posting or transmitting of any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material;
      2. the posting or transmitting copyrighted material of which you are not the copyright owner;
      3. transmitting viruses, Trojans, worms, or other material that is malicious or technologically harmful; or
      4. the advertising, selling, offering to sell or buy goods or services or engaging in solicitation or promotional activity, except in those areas of the Website that have been specifically designated for such purposes.

4. CHANGES TO THESE TERMS OF USE: The Website Owner reserves the right, in its sole discretion, to modify, update, or otherwise revise these Terms of Use at any time. You should check these Terms of Use frequently as such revisions shall be effective immediately upon posting on the Website. Your continued use of the Website or link to the Website will confirm your acceptance of the revised Terms. In addition to these Terms of Use, additional terms may govern use of certain web pages within the Website or the creation, maintenance and use of a link to the Website, as such terms may be contained on the web pages of the Website. Provided that such additional terms are not contrary to these Terms of Use, by accessing and using such web pages, or creating, using and maintaining a link to the Website, you agree to be bound by such terms.

5. LINKS TO OTHER WEBSITES: The Website may contain links to other websites (“Linked Websites”). Linked Websites are provided for your convenience and information only and, as such, you access them at your own risk. You agree and acknowledge that the Website Owner is not responsible for, and does not endorse, the content of or anything that may be delivered to you or your computer as a result of accessing any Linked Websites, whether or not the Website Owner is affiliated with the owners of such Linked Websites. Without limiting the generality of the foregoing, the Website Owner is not responsible and shall have no liability for any viruses or other illicit code that may be downloaded through a link found on the Website or by accessing a Linked Website.

6. AUTHORIZED RETAILERS: You must be a registered customer of Gyford Productions to participate in the Authorized Retailer program. Participation requires subscription to Gyford Productions communications, including but not limited to emails and newsletters. By unsubscribing from these emails, you withdraw from the Authorized Retailer program.

7. PROPRIETARY RIGHTS: You acknowledge and agree that the trademarks of the Website Owner (“Marks”), the Website, the content, the goods and services, and the content and look and feel of the Website, to the maximum extent protectable by law, are proprietary, original works of authorship of the Website Owner, or licensors of Website Owner, and are protected under United States and worldwide copyright, trademark, and trade secret laws of general applicability. You further acknowledge and agree that all right, title and interest in and to the Marks, the Website, the goods and services, the content, and look and feel of the Website are and shall remain with the Website Owner or its licensors. You agree not to contest or infringe these rights, directly or indirectly, at any time. Without the prior express written consent of Website Owner, your modification of the content, use of the content on any other website or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the copyrights, trademarks or other intellectual property rights of Website Owner or its licensors, and is prohibited. Except as expressly provided under this Agreement, you may not use on any website, including your website, or on any other materials, the Marks, or any other trademarks or copyrighted materials appearing on the Website, including without limitation any logos, without the prior express written consent of Website Owner.

8. CONFIDENTIALITY: For purposes of these Terms of Use, “Confidential Information” means any and all proprietary information labeled as “confidential” or which a reasonable person would know constitutes proprietary information, including but not limited to, business plans, financial reports, customer lists and other customer information, descriptions of manufacturing processes, and product development and marketing plans. (“Confidential Information”). You agree to hold any Confidential Information you obtain as a result of using this site in confidence and, unless required by law, not to make the Confidential Information available to any third party or to use the Confidential Information for any purpose other than the business activities for which you were given access to the Confidential Information. You agree to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by your employees or agents. You agree that aspects of the Website constitute trade secrets and/or copyrighted material of the Website Owner and its licensors. You shall not disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of the Website Owner and its licensors.

9. INTERRUPTIONS IN SERVICE: The Website and access to the content of the Website may, from time-to-time, be unavailable to you or third-parties, whether due to technical failures or interruptions, intentional downtime for service, or changes to the Website, or otherwise. You agree that the Website Owner shall have no liability of any nature to you or any third-party for any modifications to the Website, and any interruption or unavailability of access to the Website or its content.

10. PRIVACY AND INFORMATION DISCLOSURE: Unless you agree otherwise, your information is only used to complete your order for goods or services and will not be disclosed to anyone or used for any other purpose other than to provide you with the services you requested, except that you acknowledge and agree that the Website Owner may, in its sole discretion, preserve or disclose your information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms of Use; respond to claims that any Content violates the rights to third-parties; protect the rights, property or personal safety of the Website Owner, its users or the general public.
    1. Information the Website Owner collects may include: contact information; names; addresses; email; credit/debit card information; phone numbers; and any other information pertinent to your order and payment.
    2. Be aware that third-parties may be able to collect information from you if you link to another website from our website. In such a case, you would be subject to the third-party’s privacy policy which may differ from this policy.
    3. You agree that Website Owner may utilize cookies in connection with your use of the Website. Cookies are small files that the Website sends to and stores on your computer so the Website Owner can recognize it as a unique machine the next time you visit our site. These cookies help optimize your online experience based on your particular needs or browsing patterns, and to help the Website Owner understand the size of audience and traffic patterns within our network. If you feel concerned about the cookies, you may, through your Web browser, either choose to reject them automatically or have your computer prompt you before accepting them. Generally, this is done by selecting the appropriate cookies setting on your Web browser (usually found in “Internet Options” or “Preferences”). Please note that some of our features depend on the use of cookies and you will be unable to take advantage of those features if you choose not to accept cookies.

11. DISCLAIMER OF WARRANTIES: You understand and expressly agree that your use of and reliance on any and all content and services, including with respect to any products and services, contained in or provided through the Website is at your sole risk. Such content and services are provided on an “as is” and “as available” basis. The Website Owner makes no express or implied representations, warranties or guarantees with respect to the appropriateness accuracy, sufficiency, correctness, veracity, value, completeness, availability or timeliness of the data, methods or content contained in or provided through the Website. The Website Owner does not warrant the functions contained in the website will be uninterrupted or error-free, that defects will be corrected or that the server that makes the content available will be free of viruses or other harmful components. The Website Owner expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement and any other warranty that might arise under any law.
    Without limiting the foregoing, the Website Owner makes no representations or warranties concerning instructions provided on the Website as these are preliminary guidance only and professional advice should be sought. Your installation may be different from those depicted in the guides and videos. No safety guarantee is expressed or implied in any installation unless such a guarantee is provided in writing by Gyford Productions on installations that Gyford Productions does. It is the responsibility of the installer to ensure that the parts and materials used in any installation are specified and engineered to meet the demands of their intended purpose.

12. EXCLUSION OF LIABILITY: In no event will the Website Owner be liable to you, any user of the Website or your website or any third-party for any decision made or action taken in reliance upon the content contained in or provided through the Website. Any content you download or otherwise obtain through the use of the Website or any linked website is at your own risk and you will be solely responsible for any theft, destruction, unauthorized access to or alteration of personal records, damage to your equipment, software or website, loss of data, the reliance on or use of data, content, opinions, or other materials appearing on the Website or a linked website, or other personal loss that results from the downloading or use of any material on the Website or a linked website.
    To the fullest extent permitted by law, in no event shall the Website Owner be liable to you, any user of the Website or any third-party for any loss, expense or damage of any nature, including consequential, incidental, special or punitive damages, and including lost profits or lost revenue, caused directly or indirectly by the use of or reliance on content or services obtained by or provided through the Website, personal injury or property damage of any nature whatsoever resulting from your use of or reliance on content or services obtained from the Website, or for any error or omission, or otherwise in any way connected with use of the Website, whether based on contract, tort, including negligence, or otherwise, even if the Website Owner has been advised of the possibility of such damages. If you are dissatisfied with the website, service, content, or terms of use, your sole and exclusive remedy is to discontinue using the site.

13. INDEMNIFICATION: You agree to indemnify, defend and hold harmless the Website Owner, its officers, trustees, employees, shareholders, agents, affiliates, suppliers, successors, and assigns from and against any and all liability, loss, claim, demand, suit, proceeding, damage, cost, and expense, including reasonable attorney’s fees and costs, arising out of or resulting from (a) any violation by you of these Terms of Use; (b) any negligent acts, errors or omissions by you or your agents or contractors in connection with the use of the Website; or (c) materials you submit, post, or transmit to the Website. You agree that the above indemnification applies even in the event of the Website Owner’s own negligence.

14. USER-SUPPLIED INFORMATION: You agree that any material, information, or data you transmit to the Website Owner or post to the Website (each a “Submission” or collectively “Submissions”) will be considered non-confidential and non-proprietary. For all Submissions, (1) you guarantee to the Website Owner that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give Website Owner the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media (including for advertising or other commercial use), in any manner, in whole or in part, without any restriction or responsibilities to you. If the Website Owner publishes a Submission or authorizes or licenses others to do so, the Submissions may be edited for length or clarity or for any other reason either before or after it is published. You also grant the Website Owner the non-exclusive right to seek to enjoin and/or obtain damages from any third-party from the unauthorized use or reproduction of the Submissions.

15. CHOICE OF LAW/CHOICE OF VENUE: These Terms of Use and all other terms and conditions related to the use of the Website shall be governed by and construed in accordance with the laws of the state of Nevada, United States of America, without regard to its conflict of law provisions. By use of the Website or creating a link, you hereby consent to the exclusive jurisdiction of and venue in the state courts located in Washoe County, Nevada, or the United States District Court for the District of Nevada when appropriate, for all disputes arising out of or related to the use of the Website, any information contained on or provided through the Website, or the creation and maintenance of a link, and you waive all defenses to the exclusive jurisdiction of such courts. In any such action, the Website Owner and you irrevocably waive any right to a trial by jury.

16. SEVERABILITY: If any provisions of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be deemed severed from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

17. ENTIRE AGREEMENT: These Terms of Use supersede any prior agreements or understandings between you and the Website Owner. In the event of any inconsistency between these Terms of Use and any future posted Terms of Use, the last-posted Terms of Use shall control. There are no third-party beneficiaries of these Terms and Conditions.

18. NO WAIVER: Failure by the Website Owner to enforce any provision(s) of these Terms of Use shall not be construed as a waiver.

19. TERMINATION: If you violate any of these Terms of Use, your permission to use the Website and your license to the Website shall immediately terminate without the necessity of any notice to you. The Website Owner retains the right to deny access to the Website to anyone at its sole discretion, for any reason, including but not limited to violation of these Terms of Use. The Website Owner may, at any time, in its sole discretion for any reason terminate any link, without affecting your right to otherwise access and use the Website in accordance with these Terms of Use.

If you have questions or concerns about these Terms of Use you may contact us by email at press@standoffsystems.com or by phone at (775) 829-7272.