Terms of Use

Effective: August 24, 2017

1. Introduction

1.1     These Terms of Use govern your access to, browsing and/or use of our website, regardless of whatever user device you are using (including without limitation desktop, laptop or mobile web browser, mobile phones, tablets, and other handheld mobile or digital devices). Your agreement with us includes these Terms of Use and in addition, our Privacy Policy and the provisions of our LEGAL – INTERNATIONAL USERS page. See also Section 20 (Entire agreement) concerning additional terms and conditions contained in any of our online forms that you submit.

1.2     When you use, access or browse our website, submit forms, subscribe for email or online services (including newsletters) or send us an email, you will be deemed to have agreed to be bound by these Terms of Use and our Privacy Policy in full, as well as the provisions of our LEGAL – INTERNATIONAL USERS page; if you disagree with our Terms of Use or Privacy Policy or the provisions of our LEGAL – INTERNATIONAL USERS page or any part of them, please exit our website and do not use any of its content, services or features.

If your country of residence or the location where you are accessing our website requires that our Terms of Use and/or Privacy Policy be translated into the language of such country or location to be binding, please review our LEGAL – INTERNATIONAL USERS page before using our website or any of its features.

1.3     If you request information, subscribe to our newsletter, submit testimonials, endorsements or any other material to our website or use certain website features or services, you may be required to agree to additional terms and you will be bound by any applicable and additional terms as well as these Terms of Use; you may only do so if you can form a binding contract with us and are not legally prohibited from doing so.

1.4     You must be at least 13 years of age to use our website; by using our website or agreeing to these Terms of Use, you warrant and represent to us that you are at least 13 years of age.

1.5     Our website uses cookies; by using our website or agreeing to these Terms of Use, you consent to our use of cookies in accordance with the provisions of our Terms of Use and Privacy Policy.

1.6     Any modifications, additions or deletions to our Terms of Use or Privacy Policy (as well as our LEGAL – INTERNATIONAL USERS page) shall be effective immediately upon posting. Your continued use of our website following the posting of an updated Terms of Use, Privacy Policy or LEGAL – INTERNATIONAL USERS page means that you agree to those changes.

1.7     If you access our website through a mobile application or other type of third-party platform, the “End User License Agreement” or “Terms of Use” or “Terms and Conditions” for the mobile service through which you downloaded the mobile application or third-party platform may apply in addition to our Terms of Use.

2. Copyright and other intellectual property

2.1     The contents and materials on this website (including without limitation text, graphics, images, audio material, video material, and audio-visual material) are protected by United States and foreign copyright laws or international treaties. In addition, our website may contain logos, trademarks or service marks owned or licensed by us or by others. Your use of our website does not confer upon you any right or license to use such logos, trademarks or service marks without the prior express written permission of the respective owners.

Images, photos or other materials on this website may be in the public domain or licensed to us or others under various types of licenses, which may or may not require credit or attribution, license symbols such as those of Creative Commons, or links to such licensors. If you download or print any of these images, photos or materials pursuant to any right to do so under Section 3 (License to use website) you must maintain all copyright and notice information.

2.2    Subject to the express provisions of these Terms of Use:

(a)     we, together with our licensors, own and control all the copyright and other intellectual property rights (e.g., logos, trademarks or service marks) in our website and the content and material on our website;

(b)     all the copyright and other intellectual property rights in our website and the content and material on our website are reserved by their respective owners, other than as specifically granted under the license granted to users under our Terms of Use;

(c)     we do not claim ownership of content or material that you submit or make available for inclusion on our website; you retain copyright ownership of any intellectual property rights that you hold in such content or material, subject to any license granted to us (and the users of our website);

(d)     we are not required to treat any communications, information, blogs, comments, testimonials, endorsements or other material submitted to us as confidential, subject, however, to the terms of our Privacy Policy. Copyright laws protect the expressions of ideas, rather than ideas in and of themselves; accordingly any ideas or suggestions that you submit to us or post on our website as a comment are considered non-proprietary and may be used by us in any manner without compensation, attribution or your approval; you agree that we will not incur any liability as a result of any similarities that may appear in future products, content or services; and

(e)     all content, materials, testimonials, endorsements, and user comments provided to us for publication on our website are deemed to have been provided in full knowledge and acceptance of the most recent Terms of Use, Privacy Policy and our LEGAL – INTERNATIONAL USERS page as displayed on our website.

2.3    We respect the intellectual property rights of others and expect users of our website to do the same. We may, in circumstances that we deem appropriate and in our sole discretion, remove or disable access to any content or material on our website that we believe (or receive notice) may infringe on the rights of others.

2.4    It is our policy to respond promptly to any claim that content posted on this website infringes the copyright of any person. We will use reasonable efforts to investigate notices of alleged infringement and will take appropriate action in accordance with our Terms of Use and our other policies where we believe an infringement has taken place, including removing or disabling access to the content claimed to be infringing and/or terminating accounts and access to the website.

2.5    If you believe in good faith that your work has been copied in a way that constitutes copyright infringement by any content or material on this website, you may notify our Designated Copyright Agent or Copyright Officer, as applicable:

(a)     File a Takedown Notice with our Designated Copyright Agent in accordance with Section 19.2 of these Terms of Use, pursuant to the Digital Millennium Copyright Act of 1998 (the “DMCA”), which provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law; or

(b)     If your alleged infringement claim is not subject to United States copyright law, file a notice of alleged copyright infringement with our Copyright Officer in the manner set forth in Section 2.6.

(c)     It is suggested that you consult with an attorney or solicitor before filing an infringement notice under either (a) or (b), as applicable.

2.6    For your complaint to be given proper consideration, you must provide ALL of the following information in writing when providing notice of the alleged copyright infringement; in order to expedite our ability to process your request, please use the following format:

(a)     Identification of the non-U.S. 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;

(b)     Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that material;

(c)     Country of applicable copyright law;

(d)     Name of copyright owner;

(e)     Required information so that we can contact you: name, mailing address, telephone number, and email address;

(f)      Include both of the following statements in the body of the Notice:

  • “I hereby state that I 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 by law.”
  • “I hereby state that the information in this Notice is accurate, and under penalty of perjury, that I am the copyright owner or I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

(g)     Provide your full legal name and sign your electronic or physical signature.

(h)     All written Notices should be sent to the following Copyright Officer:

Copyright Officer Title:  Copyright Officer

Address: Guard Depot, 350 7th Street, Hoboken, New Jersey 07030.

Email address of Copyright Officer: “copyright@guarddepot.com”. Do NOT send to “mailto:copyright@guarddepot.com”, as this will end up in our spam folder.

If your Notice is sent by email, the subject line should read: “Copyright Officer – Non-US Copyright Infringement Notice.”

2.7    NOTE THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, ATTORNEYS’ FEES AND COSTS INCURRED BY US, ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF RELIANCE ON YOUR MISREPRESENTATION.

2.8    We reserve the right to remove any content or materials alleged or believed to be infringing copyright or other intellectual property rights without prior notice, in our sole discretion, and without liability to you or anyone else.

2.9    Upon our request, you agree to promptly furnish us with any documentation, substantiation and releases necessary or reasonably required to verify that you have secured all necessary permission and licenses for contributing any content to us that does not constitute your original work of authorship.

3. License to use website

3.1    You may:

(a)     view pages from our website in a web browser or mobile device;

(b)     download pages from our website for caching in a web browser;

(c)     download pages from our website and save any such material to your computer, but not on any server or other storage device connected to the Internet or a network where the content could be accessed by other users;

(d)     print pages from our website;

(e)     stream audio and video files from our website; and

(f)      use our website services by means of a web browser;

subject to the other provisions of these Terms of Use.

3.2    Except as expressly permitted by Section 3.1 or the other provisions of these Terms of Use, you must not download any material from our website or save any such material to your computer.

3.3    Unless you own or control the relevant rights in the material, you must not:

(a)     republish, reproduce, distribute or transmit material from our website, except when you are using a feature of the website, such as “e-mail a friend”, or as otherwise provided in these Terms of Use;

(b)     sell, rent or sub-license material from our website; or

(c)     exploit material from our website for a commercial purpose.

You may, however, from time to time, excerpt and use materials on this website consistent with the U.S. principles of “fair use” or the U.K. principles of “fair dealing”, as appropriate.

3.4    In order to allow interaction between users and bloggers, and to provide the broadest dissemination of our content, our website includes several social media buttons so that users may share, recommend and “like” our content, in addition to allowing users to post comments (if permitted under these Terms of Use).

3.5    We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

4. Acceptable use

4.1    You must not:

(a)     use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)     use our website in any way that is unlawful, illegal or fraudulent, or in connection with any unlawful, illegal or fraudulent purpose or activity;

(c)     use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)     conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e)     access or otherwise interact with our website using any robot, spider or other automated means;

(f)      violate the directives set out in the robots.txt file for our website; or

(g)     use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2    You must not use data collected from our website to contact individuals, companies or other persons or entities.

4.3    You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

4.4    Recognizing the global nature of the Internet, you agree to comply with all applicable domestic and international laws and rules regarding your conduct and your access and use of our website, its content, services and software. In particular, you agree to comply with all applicable laws regarding the downloading and/or transmission of technical data exported from the United States or the country in which you reside or in which you access our website. We make no representation that any material or content on our website is appropriate or may be accessed or downloaded outside the United States or outside the country in which such material or content was produced or created. Access to our website, and the material and content on our website, may not be legal in certain countries or for certain persons. If you access our website or any of its material or content from outside of the United States, you do so at your own risk (for which we shall not be liable) and are responsible for compliance with the laws of the jurisdiction in which you reside or in which you access our website. See our LEGAL – INTERNATIONAL USERS page for additional information.

5. Limited warranties

5.1    We do not warrant or represent:

(a)     the completeness or accuracy of the content, information or material published on our website;

(b)     that the content, information or material on the website is up to date; or

(c)     that the website or any service on the website will remain available.

5.2    We reserve the right to change any and all content, software and other items used or contained in our website at any time without notice, and to remove your testimonials, endorsements, or other content, even if you have not breached the Terms of Use.

5.3    We reserve the right to discontinue or alter any or all of our website services, and to discontinue our website, at any time in our sole discretion without notice or explanation; and save to the extent that these Terms of Use expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we discontinue the website.

5.4    To the maximum extent permitted by applicable law and subject to Section 6.1, we exclude all representations and warranties relating to the subject matter of these Terms of Use, our website and the use of our website. This website and the information, software and other material or content available on or accessible from this website is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including without limitation warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose.

6. Limitations and exclusions of liability

6.1    Nothing in these Terms of Use will:

(a)     limit any liabilities in any way that is not permitted under applicable law; or

(b)     exclude any liabilities that may not be excluded under applicable law.

6.2    The limitations and exclusions of liability set out in this Section 6 and elsewhere in these Terms of Use:

(a)     are subject to Section 6.1; and

(b)     govern all liabilities arising under these Terms of Use or relating to the subject matter of these Terms of Use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, and as further provided in Section 21 (Law, jurisdiction and venue).

6.3    To the extent that our website and the content, information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

6.4    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

6.5    We will not be liable to you in respect of any business losses, including without limitation loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, reputation or goodwill.

6.6    We will not be liable to you in respect of any loss or corruption of any data, database or software.

6.7    We will not be liable to you in respect of any, special, indirect, punitive, incidental, or consequential loss or damage that results in any way from your use of or inability to use our website or your reliance on or use of information, services or merchandise provided on or accessible through the website, or that results from mistakes, omissions, interruptions, deletions of files, errors, defects, delays in operation or transmission, or any failure of performance, as well as incompatibility of the website with any of your equipment, software or telecommunication links.

7. Indemnity

7.1    You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation reasonable attorneys’ fees and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:

(a)     any breach by you of any provision of these Terms of Use;

(b)     your use of our website; or

(c)     use of our website under certain conditions as provided in our LEGAL -INTERNATIONAL USERS page.

8. Breaches of these Terms of Use

8.1    Without prejudice to our other rights under these Terms of Use, if you breach these Terms of Use in any way, or if we reasonably suspect that you have breached these Terms of Use in any way, we may:

(a)     send you one or more formal warnings;

(b)     temporarily suspend your access to our website;

(c)     permanently prohibit you from accessing our website;

(d)     block computers using your IP address from accessing our website;

(e)     contact any or all of your internet service providers and request that they block your access to our website; and/or

(f)     commence legal action against you, whether for breach of contract or otherwise.

8.2    Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation using a different IP address or creating and/or using a different account).

9. Third-party websites

9.1    Our website may include hyperlinks to other websites owned and operated by third parties; such hyperlinks are for convenience and are not recommendations. We have not reviewed the information on these websites or the accuracy or reliability of any information, data, opinions, advice or statements contained on them.

9.2    We have no control over third-party websites and their contents, and subject to Section 6.1, we accept no responsibility for them or for any loss or damage that may arise from your use of them.

9.3    You are subject to the rules and procedures (including terms of use and privacy policies) of third-party websites while using them. See Section 12 (Linking policy) for additional provisions concerning links to or from third-party websites.

10. Advertisements

10.1    From time to time, our website may contain advertisements, including links to websites of such advertisers. We do not make any representation as to the accuracy or suitability of any information contained in such advertisements or websites and do not accept any responsibility or liability for the content of those advertisements and websites and the offerings made by such third parties or their conduct.

10.2    Third-party advertisements and links to other websites where goods or services are advertised are not endorsements or recommendations by us of the parties, their websites, products or services. We have not investigated the accuracy of any claims made by any advertiser or sponsor, and take no responsibility for content of the advertisements, promises made, or the quality or reliability of the products or services offered in any advertisements.

10.3    Your correspondence or dealings with advertisers found on or through our website, including payment and delivery of products or services, and any other terms, conditions, warranties and representations associated therewith, are solely between you and such advertiser. You agree that we are not responsible or liable for any loss or damage of any kind incurred as a result of any such dealings or as a result of the presence of such advertisers or advertisements on our website. You are subject to the rules and procedures (including terms of use and privacy policies) of advertisers while using their websites.

10.4    We may receive a commission, fee and/or other compensation through an arrangement we have with a third party if you click on certain advertisements or links on our website, or if you purchase a product or service after clicking on a link.

11. Testimonials and Endorsements

Testimonials and endorsements appearing on our website are located on various pages on our website, including our Case Studies page and our Testimonials page. These may originate from interviews with clients or online reviews from other sources, such as Google Plus. They are individual experiences that reflect actual experiences of those who have used our products and/or services. However, we do not claim that they are typical results that clients will generally achieve as the needs of individual clients vary. Although the testimonials and endorsements displayed are generally stated verbatim (other than correction of grammatical or typing errors), some have been shortened for editing purposes or are excerpts from interviews.

12. Linking policy

12.1    Introduction

(a)     We welcome links to our website made in accordance with the provisions of these Terms of Use.

(b)     This Section 12 is intended to assist you when linking to our website.

12.2    Links to our website

(a)     Links pointing to our website must not be misleading or misrepresent your relationship with Guard Depot.

(b)     Appropriate link text should always be used in links pointing to our website.

(c)     You must not use our logo to link to our website (or otherwise) without our express written permission.

(d)     You must not link to our website using any inline linking technique.

(e)     You must not frame the content of our website or any of its pages or use any similar technology in relation to the content of the website.

12.3    Links from our website

(a)     Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. We have not reviewed any material, including computer software or security features, made available through third-party websites or webpages or their terms of use or privacy policies.

(b)     We have no control over the contents of third-party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

12.4    Removal of links

(a)     You agree that, should we request the deletion of a link to our website that is within your control, you will delete the link promptly.

(b)     If you would like us to remove a link to your website that is included on this website, please contact us using the contact details below in Section 22. Unless you have a legal right to demand removal, such removal will be at our discretion.

(c)     We reserve the right to withdraw permission for any link at any time.

13. Modifications to Policies

13.1    We reserve the right to revise these Terms of Use (as well as our Privacy Policy and LEGAL – INTERNATIONAL USERS page) and any other information contained on this website at any time and from time to time, for any reason in our sole discretion.

13.2    The revised Terms of Use will apply to the use of our website from the date of its publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the Terms of Use. Your continued use of our website following the posting of an updated Terms of Use or Privacy Policy, as well as our LEGAL – INTERNATIONAL USERS page, means that you agree to those changes.

13.3    All content, materials, and user comments provided to us for publication on our website are deemed to have been provided in full knowledge and acceptance of the most recent Terms of Use, Privacy Policy and LEGAL – INTERNATIONAL USERS page as displayed on our website.

13.4    You should check back frequently and regularly to read and ensure familiarity with the most current version of the Terms of Use, Privacy Policy and LEGAL – INTERNATIONAL USERS page. If at any time our Terms of Use, Privacy Policy and/or LEGAL – INTERNATIONAL USERS page are no longer acceptable to you, please exit our website and do not use any of its content, services or features.

14. Assignment

14.1    You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms of Use.

14.2    You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms of Use.

15. Severability and waiver

15.1    If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

15.2    If any unlawful and/or unenforceable provision of these Terms of Use would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

15.3    No waiver by us of any breach of these Terms of Use shall constitute a waiver of any prior or subsequent breach and we shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of your obligations.

16. No Third-party rights

16.1    These Terms of Use are only for the benefit of you and Guard Depot, and no other person shall have any rights of any nature whatsoever under this Agreement, as defined in Section 20 (Entire agreement), and may not enforce any provision of this Agreement.

16.2    The exercise by you of your rights under these Terms of Use is not subject to the consent of any third party.

17. COPPA (Children’s Online Privacy Protection Act)

17.1    This website is not designed for use by or directed to individuals under the age of 13. Although our website prohibits the posting of content (blogs, comments, testimonials, endorsements or other material, etc.) that is obscene or pornographic, some content may be inappropriate for viewing by individuals under the age of 13.

17.2    If we discover that anyone has accessed our website and provided or disclosed personally identifiable information of any individual under the age of 13, we will delete the information as soon as we discover it, we will not use the information for any purpose, and we will not disclose the information to third parties. You acknowledge that we do not verify the age of our users nor do we have any obligation to do so, nor any liability for not doing so.

17.3    Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the Internet by searching for “parental control protection.”

18.  Individuals under 13

We do not intentionally or knowingly process personal information from individuals under the age of 13. When feasible, underage users will be told not to submit any personal details and we will make every effort to delete any details of such users where a parent or guardian has informed us that these details or applicable data as defined by law have been collected. If you are a parent or guardian and believe that we have collected information about a child under the age of 13, please contact us in the manner described in Section 22.

19. DMCA (Digital Millennium Copyright Act) – Takedown Notices

19.1    The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If U.S. copyright law does not apply to your work, see Section 2 (Copyright and other intellectual property) concerning alleged copyright infringement.

19.2    If you believe in good faith that your work has been copied in a way that constitutes copyright infringement by any content or material on this website, you may notify our Designated Copyright Agent in the manner described below. For your complaint (“Notice”) to be valid under the DMCA, you must provide ALL of the following information in writing when providing notice of the alleged copyright infringement; in order to expedite our ability to process your request, please use the following format:

(a)     Identification 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;

(b)     Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that material;

(c)     Name of copyright owner;

(d)     Required information so that we can contact you: name, mailing address, telephone number, and email address;

(e)     Include both of the following statements in the body of the Notice:

  • “I hereby state that I 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 by law.”
  • “I hereby state that the information in this Notice is accurate, and under penalty of perjury, that I am the copyright owner or I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

(f)      Provide your full legal name and sign your electronic or physical signature.

(g)     All written Notices should be sent to the following Designated Copyright Agent:

Designated Copyright Agent: Rick Chapo
Address:
DMCAAgentService.com, PO Box 373, Pine Valley, CA 91962
Telephone number: 800-804-7260
Email address of Designated Copyright Agent: complaint@dmcaagentservice.com.

If your Notice is sent by email, the subject line should read: “Designated Copyright Agent – DMCA Infringement Notice.”

(h)     The name of the Service Provider registered with the U.S. Copyright Office’s DMCA Designated Agent Directory is Mazzanti, Inc., 350 7th Street, Hoboken, New Jersey 07030. However, all Notices sent to the Service Provider are invalid and, instead, must be sent to the Designated Copyright Agent listed above.

19.3    NOTE THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, ATTORNEYS’ FEES AND COSTS INCURRED BY US, ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF RELIANCE ON YOUR MISREPRESENTATION.

19.4    If you believe that a DMCA notice of alleged copyright infringement was wrongly filed against you, the DMCA permits you to make a counter-notification.

19.5    If you believe that any content, comments or materials you posted, uploaded or submitted to us were subsequently removed from our website, or to which access was disabled, were improperly removed or disabled, you may notify our Designated Copyright Agent in the manner described below.

For your counter-notification (Counter Notice) to be valid under the DMCA, you must provide ALL of the following information in writing; in order to expedite our ability to process your request, please use the following format:

(a)     Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(b)     Name of the copyright owner;

(c)     Required information so that we can contact you: name, mailing address, telephone number, and email address;

(d)     Include both of the following statements in the body of the Counter Notice:

  • “I consent to the jurisdiction of the Federal District Court for [insert the federal judicial district in which your address is located, or if you are a non-resident of the United States, insert: United States District Court for the District of New Jersey], and I will accept service of process from the person who submitted the infringement claim or an agent of such person.”
  • “I hereby state, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”

(e)     Provide your full legal name and sign with your electronic or physical signature.

(f)      All written Counter Notices should be sent to the following Designated Copyright Agent:

Designated Copyright Agent: Rick Chapo
Address: DMCAAgentService.com, PO Box 373, Pine Valley, CA 91962
Telephone number: 800-804-7260
Email address of Designated Copyright Agent: complaint@dmcaagentservice.com.

(g)     The name of the Service Provider registered with the U.S. Copyright Office’s DMCA Designated Agent Directory is Mazzanti, Inc., 350 7th Street, Hoboken, New Jersey 07030. However, all Counter Notices sent to the Service Provider are invalid and, instead, must be sent to the Designated Copyright Agent listed above.

If your Counter Notice is sent by email, the subject line should read: “Designated Copyright Agent – DMCA Infringement Counter Notice.”

19.6    The information in this Section 19 sets forth our procedures for filing DMCA infringement notifications and counter-notifications, and is not legal advice; it should not be relied upon as such and may not reflect the latest changes in the law or applicable regulations. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Before you file a DMCA notification or counter-notification, you should first consult with your attorney or solicitor. It is even more important to consult an attorney or solicitor before filing a counter-notification if you are a non-U.S. resident, particularly as you will be consenting to the jurisdiction of the United States courts.

19.7    You should note that filing an infringement counter-claim will result in disclosure of personal information when it is forwarded to the person who filed the infringement claim.

19.8    We reserve the right to remove any content or materials alleged or believed to be infringing copyright or other intellectual property rights without prior notice, in our sole discretion, and without liability to you or anyone else.

20. Entire agreement

20.1    The Terms of Use, including the Privacy Policy and LEGAL – INTERNATIONAL USERS page, which are incorporated into these Terms of Use by reference, constitute the entire agreement (the “Agreement” or this “Agreement”) between you and Guard Depot concerning your access to, browsing and/or use of the website, its content, services or features.

20.2    Notwithstanding the provisions of Section 20.1, the terms and conditions (including your representations) contained in any online forms used to request information, submit testimonials, endorsements, or other content for posting on our website, or to subscribe to our newsletter, are also included as part of the Agreement.

21. Law, jurisdiction and venue

21.1    This Agreement, and the relationship between you and Guard Depot, and any dispute, controversy, proceedings or claim of whatever nature (including any non-contractual disputes or claims) arising under, out of or in any way relating to this Agreement or its formation (occurring upon acceptance of its provisions by your consent or deemed acceptance by your use of our website) and the transactions contemplated thereby, shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflict or choice of law rules, provisions or principles, and, where applicable the laws of the United States.

21.2    The New Jersey state and federal courts shall have exclusive jurisdiction to hear and decide any suit, action or proceeding, and/or to settle any dispute, controversy, or claim of whatever nature, as well as non-contractual claims or obligations, which may arise under, out of or relate to this Agreement or its formation (as defined above in Section 21.1) and the transactions contemplated thereby, and, by your use of this website, you waive any jurisdictional, venue or inconvenient forum objections to such courts for purposes of resolving these disputes.

21.3    Although our website may be available worldwide, you understand and agree that the laws of your home jurisdiction may provide privacy or other protections not provided in the United States under federal or state laws, and that by visiting the website, you unequivocally agree to submit and adjudicate any disputes which arise out of such use pursuant to the provisions of Section 21 of the Terms of Use.

21.4   NOTE: Guard Depot may provide products or services or access via this website under the terms of a separate agreement between you and Guard Depot, such as a license agreement or separate terms of service or sale and warranty terms (each, an “Other Agreement”). Guard Depot’ obligations regarding any service, product, warranty or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement (including its provisions governing applicable law, jurisdiction and venue) and these Terms of Use shall not be deemed or construed to alter the terms of any such Other Agreement. If there is an inconsistency between these Terms of Use and any Other Agreement, the Other Agreement shall control.

22. Our details and contact information

22.1    This website is owned and operated by Guard Depot, 350 7th Street, Hoboken, New Jersey 07030.

22.2    You can contact us at the above address or by email sent to “contactus@guarddepot.com”. Do NOT send to “mailto:contactus@guarddepot.com”, as this will end up in our spam folder. Please note that any information sent to us by email (either directly or through our contact or other forms) is not necessarily secure in transit, and might be subject to interception by third parties.

22.3   All DMCA Notices or Counter Notices concerning U.S. Copyright law sent to the Service Provider are invalid and, instead, must be sent to the Designated Copyright Agent listed above under Sections 19.2 (g) and 19.5 (f).

In addition to the Terms of Use, use of our website is also subject to our Privacy Policy and LEGAL – INTERNATIONAL USERS page

If your country of residence or the location where you are accessing our website requires that our Terms of Use and/or Privacy Policy be translated into the language of such country or location to be binding, please review (before using our website or any of its features) our LEGAL – INTERNATIONAL USERS page