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Guardian Protection Inc. recognizes and shares the privacy concerns of visitors to our Web site.
If you are a Guardian customer, Authorized Dealer, customer of an Authorized Dealer, or customer of another Guardian business partner, the Terms are in addition to, and not in substitution of, your Sales and Installation Agreement, Monitoring Agreement, Dealer Agreement, any amendments, and any other agreement or authorization given by you in order to use any of the Sites’ features, as applicable.
If you are an individual, you confirm that you are at least 18 years of age. If you are an entity, you confirm that your authorized representative is at least 18 years of age.
Guardian may change the Terms at any time, in its sole discretion. Guardian will notify you of these changes by posting the revised Terms to www.guardianprotection.com. Your use of the Site following any changes to the Terms constitutes your acceptance of the changes. You agree to review the Terms periodically to be aware of any changes. The "Last Updated" legend below indicates when these Terms were last changed.
Guardian will make reasonable efforts to reflect daily account balances and activity information. However, Guardian will not be liable to you or any third party for your inability to receive electronic messages, access one or more Sites or any of their features, or any delay or failure to update any account information.
You are responsible for obtaining, maintaining, and paying for all hardware, telecommunications, and other services needed to use the Sites.
Guardian maintains the Sites for your personal information, education, and communication. Please feel free to browse the Sites in accordance with these Terms. You may download material displayed on the Sites for personal, noncommercial use only. You may not alter or delete any copyright and/or other proprietary notices contained on the materials. You may not modify or further reproduce any material.
As long as these Terms remain in force and effect, Guardian grants you a limited, revocable, non-sublicensable, non-transferable, non-exclusive, worldwide, royalty-free license to use the Sites, their features, and the materials thereon, and, if you are a customer of Guardian, an Authorized Dealer, or another Guardian business partner, to access your account information. This license is solely for your personal, non-commercial use. This license includes a license to install any applicable mobile application on a mobile device that you own or control.
Guardian may revoke your use of one or more of the Sites at any time in Guardian’s sole discretion.
Ownership of the Sites, your account, and your account information, and all intellectual property rights therein, remain at all times with Guardian and its licensors, as applicable. You have no ownership rights in the Sites, your account, or your account information. Guardian expressly reserves all rights not granted to you by these Terms.
You may not remove any proprietary notices from your account information.
Any use of the Sites and your account information by any person, business, government organization, or any other entity other than the uses permitted under these Terms is strictly forbidden.
Guardian does not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret information. Please direct any inquiries relating to a proposed use of the content on any of the Sites, including a cover letter explaining the proposed use, to:
Guardian Protection, Inc.
174 Thorn Hill Road
Warrendale, Pennsylvania 15086
You may be required to register and use a username and password, (collectively, "Credentials"), to access one or more of the Sites and / or certain features available on certain Sites. Your Credentials have the same effect as your signature. Anyone who knows your Credentials can access your account information.
You are responsible for keeping your Credentials confidential and protecting them against improper and unauthorized use.
You are solely responsible for any and all transactions, entries, or instructions initiated by, or through, the use of your Credentials. You are also solely responsible for any and all claims, losses, damages, expenses, and costs incurred by the use of your Credentials by others, whether or not you authorized such use.
You must notify Guardian immediately if you believe that your Credentials have been lost, stolen, or otherwise compromised. You must also notify Guardian if you believe that someone has accessed your account without your permission.
No one from Guardian will be authorized to provide your Credentials to you, but administrators of Customer Care may provide a temporary password to you after you have provided information sufficient to validate your identity and your account.
You can reset or change your Credentials online by logging on to Customer Care and going to the Profile page or by using the Forgot Password functionality on the login page for Customer Care. You may be asked to answer one or more security questions to verify your identity in order to reset your Credentials.
Customer Care provides you access to certain automated features allowing you to access certain information about your system and your account. These automated features and the information available may change from time to time. Currently Customer Care includes the ability to:
• Pay your bill online ("Autopay").
• Test your system.
• Print a Certificate of Monitoring.
• Access user manuals.
By registering a user name, registering a password, or accessing an account through Customer Care, you represent that you are the account-holder of record, or have legal authority to act on that persons behalf, for the account you enrolled or accessed.
You may use Autopay to make a one-time payment or to set up automated monthly payments. You will need to provide Guardian with either your banking account or credit card information (your "Payment Account"). You warrant that you own the Payment Account or are authorized to access the Payment Account. You are responsible for entering valid banking account or credit card information for your Payment Account.
Payments initiated through Autopay will continue to be charged against your Payment Account until and unless you change the Payment Account information or disenroll from Autopay. If your Payment Account information changes or expires, you must notify Guardian immediately by phone or by self-service through Customer Care. Guardian may, but does not guarantee that it will, receive updated credit card information directly from your credit card issuer, in which case such updates will become effective immediately. If you fail to notify Guardian of expirations of or changes to your Payment Account, you will be responsible for all late charges, insufficient fund charges, termination of service, or other penalties that you or Guardian may incur from your failure to pay your account.
Guardian will automatically charge your Payment Account for automated monthly payments until you terminate AutoPay. To disenroll from Autopay, please see our website or contact us. Each charge applied to your Payment Account for one-time payments will be for the full amount due on your current bill including, without limitation, amounts due for monthly service, additional services, equipment and applicable taxes, fees, and surcharges. One-time payments will be charged to your account within 24 hours.
Each charge applied to your Payment Account for automated monthly payments will be for your monthly service fee, which may be pro-rated on your first or last bill, plus applicable taxes. If you have additional fees, (e.g., equipment charges, service call charges, etc.), you will be sent a paper invoice. Automated monthly payments will be charged to your account on the due date.
You authorize Guardian to credit your Payment Account or send you a paper check for any refunds or other billing adjustments owed to you. Guardian will automatically charge your Payment Account for automated monthly payments until you terminate Autopay.
It is your sole responsibility to pay your account on time to avoid late fees, collection activities, or discontinuation of service. Guardian is not liable for your failure to pay your account on time for any reason including, without limitation, due to unavailability of Customer Care or any of its features. You can avoid any late fees and/or other collection activities by insuring that your payment posts by midnight on the due date.
If the financial institution or credit card issuer where your Payment Account is maintained rejects your online payment, or if Guardian is unable to charge the full amount it is entitled to charge to your Payment Account for any reason, Guardian may, in its sole discretion, disenroll you from Autopay. Guardian will make reasonable efforts to notify you if this happens. Additionally, if you are disenrolled from AutoPay, you must pay your monthly bill(s) using another payment method.
Your monthly bill contains an itemized list of the charges due on your account during the applicable billing period. You should review your bill every month. If you find an error on your bill, or otherwise dispute a charge, you must notify Guardian, in writing, within thirty (30) days of receiving the applicable bill. Guardian will take reasonable steps to correct the error or resolve the dispute before the next bill is issued.
Guardian may terminate the Autopay Service at any time by giving you written notice at least thirty (30) days in advance. You may terminate your use of the Autopay Service at any time as provided above. Termination of AutoPay Service takes immediate effect â€“ you must pay your monthly bill(s) using another payment method.
Guardian uses a third party vendor to process your Autopay payments. By registering for Autopay, you authorize Guardian to share your information, including your banking and / or credit card information with our vendor. If you are an Authorized Dealer customer or the customer of another Guardian business partner, you authorize Guardian to share your information, including your banking and / or credit card information, with our vendor and / or your Authorized Dealer or other Guardian business partner.
Guardian has no liability whatsoever for any losses of any kind that you may incur as a result of:
• Your Payment Account having insufficient funds available when Guardian charges your Payment Account.
• An erroneous Guardian bill.
• Any delay in the actual date on which your Payment Account is charged.
• Your failure to provide accurate and valid information.
If you download a Guardian mobile application ("App") to, or otherwise access an App from, your mobile device, then, in addition to these Terms, you and your downloading or use of the App are subject to:
• The end user agreement and other terms and conditions applicable to the App-store from which you downloaded or accessed the App.
• Any terms and conditions that where included in the App.
• Any third-party agreement or other terms and conditions applicable to your use of the App, such as your service agreement with your wireless internet or cellular service provider.
Without limiting the foregoing, Apple, Inc., ("Apple"), Google, Inc., ("Google"), and their respective affiliates, are not parties to these Terms, do not own the App, and are not responsible for the App in any way.
Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Guardian in accordance with the "Information or Complaints" section of these Terms.
You may choose to make certain information, ("Submitted Material"), available through, or in connection with, a Site's interactive fora, such as blogs or message boards, or by chatting, commenting, or using other messaging functionality, (each an "Open Forum").
Submitted Material is not confidential. Your provision of Submitted Material is gratuitous and unsolicited and does not place Guardian under any fiduciary or other obligation.
Guardian may, but is not obligated to, monitor, evaluate, or remove Submitted Material or information submitted by third parties before or after the Submitted Materials or other information appears on the Sites. Guardian may disclose any Submitted Materials or information submitted by a third party, and the circumstances surrounding its submission, to anyone for any reason or purpose.
Guardian has no control over, and is not responsible for, any use, misuse, or distribution by any third party of any Submitted Material or information submitted by a third party to an Open Forum. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH ONE OR MORE SITES, YOU DO SO AT YOUR OWN RISK.
You retain ownership of your Submitted Material. You grant to Guardian a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform, display (publicly or otherwise), create derivative works of, adapt, modify, and otherwise use and exploit your Submitted Material, in any format or media and for any purpose, including testimonials and other promotional purposes.
If you provide Guardian with any ideas, proposals, or other suggestions, ("Feedback"), on any topic or subject, including, but not limited to, the Sites, such Feedback will be deemed to be Submitted Material
You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submitted Materials, and your provision of your Submitted Materials through, and in connection with, one or more Site, are complete and accurate, and are not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each Submitted Material that you may have under any applicable law under any legal theory.
Certain features of the Sites may offer you the opportunity to sign up to receive certain communications from Guardian via e-mail or another form of electronic communication. This includes the option to receive your monthly bill electronically or notification when your payment posts.
These notifications will be sent to the email address that you provided to Guardian. If your email address changes, you must take appropriate steps to notify Guardian immediately by visiting www.guardianprotection.com.
Depending on which communications you choose to receive electronically, you may or may not have the ability to later opt out of receiving the notices electronically. For example, if you signed up for Autopay, you must receive your bill electronically.
Guardian cannot and does not warrant, assure, or guarantee the integrity, accuracy, confidentiality, or security of any emails delivered to your email address of or from any unauthorized or unexpected use, disclosure, corruption, interception, or other improper act (collectively, "Security Risks"). You are solely responsible for the security of your email address and for the actions of anyone who access your email address. You release and discharge Guardian of and from all Security Risks and any and all loss, damage, and liability caused by the Security Risks. Upon demand by Guardian, you will indemnify, defend, and hold harmless Guardian from any and all claims from third parties arising from any loss, damage, or liability caused by the Security Risks.
Certain Site functionalities may provide you with access to materials made available by third parties, including Submitted Materials ("Third Party Materials"), or allow for the routing or transmission of Third Party Materials, including via links. By using such functionality, you are directing Guardian to access, route, and transmit to you the applicable Third Party Materials.
Guardian neither controls nor endorses, nor is Guardian responsible for, any Third Party Materials, including the accuracy, integrity, quality, legality, usefulness, or safety of Third Party Materials, or any intellectual property rights therein. These Terms do not include, and will not be deemed to include, any representation or warranty by Guardian with respect to any Third Party Materials. Guardian has no obligation to monitor Third Party Materials. Guardian may block or disable access to any Third Party Materials, in whole or part, through this Site at any time.
The availability of any Third Party Materials through this Site does not imply Guardian's endorsement of, or Guardian's affiliation with, any provider of such Third Party Materials, or that Guardian or the provider of any Third Party Materials is authorized to use any trademark, service mark or trade name of the other party. Nor does such availability create any legal relationship between you and any such provider.
Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions, and policies applicable to such Third Party Materials, such as terms of service or privacy policies of the third parties.
Currently, Guardian does not charge fees for using any of the Sites or any of their features. However, Guardian reserves the right to charge fees in the future for using one or more of the Sites or certain features on one or more of the Sites without providing any prior notice to you.
You are bound by any rules, and responsible for any fees, of any third party such as your financial institution or credit card issuer, internet service provider, and email service provider. Check with your financial institution or credit card issuer to determine if you will be charged any fees for using Autopay or any other automatic payment service that may be available through the Sites. You are also bound by any rules, and responsible for any fees charged, by third parties related to your use of any of the Sites or any of their features.
When using a Site, you will not:
Notwithstanding the foregoing, and subject to compliance with a Site’s root robots.txt file, Guardian grants the operators of public search engines permission to use spiders to copy materials from a Site for the sole purpose of, and solely to the extent necessary for, creating publicly available, searchable indices of such materials, but not for creating caches or archives of such materials. Guardian reserves the right to revoke such permission, generally or specifically, at any time, with or without notice.
When linking to a Site, You agree that you will not:
The Sites include links to other websites. If you submit personal information to any of those websites, your information is governed by their privacy policies. This Policy does not address the privacy practices of any third parties or service providers.
When you access or use the Sites and their respective services, you may be asked to provide personal information such as:
Guardian collects your personal and non-personal information in various ways. In many cases you give the information directly to Guardian. For example, you may be required to provide Guardian with personal information when you register for Autopay, sign up for special offers, or submit a comment or question to Guardian.
Guardian also collects information from you using certain technologies, which may change from time to time. Currently, those technologies include:
Guardian may combine the information above with other information Guardian collects or receives from other sources, such as offline, public databases, joint marketing partners, social media platforms, and other third parties
Guardian may use the personal and non-personal information you provide to Guardian for our business purposes, including:
If you submit any information to Guardian relating to another person, you represent that you have the authority to do so and to permit us to use the information in accordance with these Terms.
Guardian shares your information in the following ways:
Visit the Digital Advertising Alliance's Self-Regulatory Principles for Online Behavioral Advertising to opt out of interest-based advertising from participating companies. You can learn about Google’s practices by going to www.google.com/policies/privacy/partners/, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout. You can learn about Adobe’s practices, and how to opt out of them, by going to http://www.adobe.com/privacy/opt-out.html. Many web browsers accept cookies by default. You may accept or decline cookies as you prefer. The "help" portion of your browser typically tells you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Various browsers may offer their own management tools for removing LSOs and HTML5. To manage Flash cookies, please go to: https://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.
You may opt out of our marketing and promotional emails by using the "unsubscribe" link provided in the email.
Guardian uses reasonable organizational, technical, and administrative measures to protect your information, however, Guardian cannot and does not guarantee that any information transmission or storage system is completely secure. If you have reason to believe that your interaction with Guardian is no longer secure, please contact Guardian immediately.
Guardian will retain your information for the period necessary to fulfill the purposes outlined in these Terms and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Guardian adheres to a strict privacy code regarding children and does not knowingly accept personal information from any child under the age of 13. If it is brought to our attention that we have inadvertently received personal information from a child under 13, we will immediately remove all personal and identifiable information from our records in compliance with the Children’s Online Privacy Protection Act of 1998. In addition, we will not disclose this information to any other companies.
When you subscribe to video monitoring or video monitoring add-on services, use a connected doorbell, camera, image sensor, or other connected device or wearable or subscribe to two-way voice, you may enable us, our service providers, or your Central Station, to record, store, view and process video and/or audio recordings from your monitoring equipment. This may include capturing and sending to you portions of this data as part of a notification or analyzing the data to identify motion or other events. In addition, if you have the recording features enabled, we will capture, process and store video and audio data recordings from your device and you may be able to access those recordings.
Data protection and privacy laws in your country may impose certain responsibilities on you and your use of security cameras, connected doorbells and other devices with recording capabilities. You are responsible for ensuring that you comply with any applicable laws. For example, you may need to display a notice that alerts visitors to your home or business that they may be recorded using security cameras and other devices with recording capabilities. Guardian takes no responsibility for your compliance with these laws.
The trademarks, trade names, logos, service marks, trade dress, and products (collectively, the "Trademarks") displayed on the Sites are registered and unregistered Trademarks of Guardian and others.
Nothing contained on the Sites should be construed as in any way granting any license or right to use any Trademark without the written permission of Guardian or such third party that may own a Trademark. Your use of the Trademarks displayed on this Site, or any other content on this Site, except as provided in these Terms, is strictly prohibited.
Guardian may enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.
The materials of the Site, including the Trademarks, are protected by Copyright and Trademark Laws of the U.S. and other countries and are owned by, or licensed to, Guardian. All content of this Site is owned or controlled by Guardian.
The content of this Site, including any images, text, executable code, and layout design may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, re-posted, or otherwise used, except as provided by these Terms.
If you believe in good faith that materials available on any of the Sites infringe your copyright, you may send Guardian a written notice in conformance with the requirements of the Digital Millennium Copyright Act of 1998, ("DMCA"), requesting that Guardian remove, or block access to, such material.
If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, you may send Guardian a counter-notice in conformance with the requirements of the DMCA.
Notices and counter-notices must be sent in writing to Guardian at Guardian Protection, Inc., Legal Department, 174 Thorn Hill Road, Warrendale, Pennsylvania 15086.
As a user of the Sites or any of their respective features, you are responsible for any contact information or other information that you provide to Guardian is current, accurate, and promptly updated. Changes to your contact information can be made by contacting Customer Care or visiting www.guardianprotection.com.
If you want Guardian to send notices, bills, or other communications to an authorized legal representative, you must provide Guardian with written authorization signed by you providing such instruction to Guardian. Written authorization would include, but is not limited to, a Power of Attorney or a certificate issued by an appropriate State agency appointed an executor of an estate.
You may contact or send notices to Guardian using the phone numbers or email addresses found in the "Contact Us" section of the Sites.
Guardian may notify you by posting to the Sites or by e-mail, including via links, or by regular mail.
If you have a question or complaint regarding the Sites, please visit the "Contact Us" or "Support" links on our Site. Please do not include banking account or credit card information or other sensitive information in your e-mails with Guardian as Guardian does not and cannot guarantee the security of your emails.
You assume sole responsibility and risk for your use of the Sites and their respective features.
Guardian takes reasonable steps to create a secure and reliable service, however, the confidentiality and security of any communication transmitted or accessible over the internet cannot be guaranteed.
Guardian cannot and does not guarantee or warrant that any files available through the Sites will be free of infection or viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures to satisfy your particular requirements for security and accuracy.
The materials and information available through the Sites, including Third Party Materials, may contain technical inaccuracies or typographical errors. Guardian does not warrant the accuracy, completeness, or reliability of any materials, information, advice, opinion, or statement available through the Sites. Any reliance that you place on any such materials, information, advice, opinion, or statements is at your sole risk. Guardian reserves the right, but does not have the obligation, in its sole discretion, to correct any errors or omissions in any portion of any of the Sites. Guardian may make any other changes to the Sites and their respective services, features, materials, information, products, programs, or prices at any time without notice.
The Sites and their respective services, features, materials, and information are provided "as is" and Guardian does not make any express or implied warranties, representations, or endorsements whatsoever including, without limitation, warranties of title or non-infringement, or the implied warranties of merchantability or fitness for any particular purpose. Guardian will not be liable for any cost or damage arising either directly or indirectly from any such services, features, materials, or information. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions may not apply to you.
You agree to indemnify, defend, and hold harmless Guardian, its affiliates, parents, and subsidiaries, and each of their officers, directors, shareholders, employees, agents, licensors, suppliers, and third-party providers, against any and all losses, expenses, damages, and costs, including reasonable attorneys’ fees, incurred in relation to, or arising from:
In no event will Guardian, its parents, affiliates, or subsidiaries, or any of their officers, directors, shareholders, agents, or employees, be liable to any person or entity, including, without limitation, you, for any direct, indirect, special, consequential, or other damages (including, without limitation, any lost profits, business interruption or loss of information, programs, or other data ("Data")) that are related to using or the inability to use, the content, materials, functions, or services of the Sites or any of their respective features, even if Guardian is expressly advised of the possibility of such damages.
Guardian will not be in default of these Terms if, due to any of the following, it is unable to perform any of its duties or obligations: acts of God; acts of government; fire; war; civil unrest; accidents; power fluctuations or outages; outages, delays, failure, or degradation in telecommunications, ISP, or ASP services; hostile attacks against computer systems or networks, public network, or internet congestion; mechanical defects; or other similar events beyond the control of Guardian or any of its affiliates.
You are fully liable for all damages resulting directly or indirectly from your use of the Sites or any of their respective features.
As a condition of using this Site or any of its features, you must comply with all applicable federal, state, and local laws, rules, and regulations. You are solely responsible for being informed about any such laws, rules, and regulations. If Guardian has any reason to suspect that you are violating any applicable law, rule, or regulation, Guardian may investigate and determine, in its sole discretion, whether to notify the proper authorities, terminate your access to the Sites, or seek any other remedy available under these Terms, any other agreement, or applicable law. You agree that Guardian may, without notice to you, disclose any of your electronic communications of any kind to satisfy any law, regulation, or government request, or if such disclosure is necessary to protect Guardian’s rights or property or the rights or property of any third party.
You are responsible for complying with U.S. export controls and for any violation of such controls, including any U.S. embargoes or other federal rules and regulations restricting exports. You represent and warrant that you are not located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a "terrorist supporting" country. You further represent and warrant that you are not on any of the U.S. government lists of restricted end users.
These Terms, any other terms you may have to agree to in order to use any features of the Sites ("Other Website Terms"), and any authorization you may have given, constitute the entire agreement between Guardian and you (the "Agreement") with respect to your use of Sites and any of their respective features. If any provision of these Terms conflict with the Other Website Terms or any authorization, the more stringent provision, as determined by Guardian in its sole discretion, will take precedence and control.
If, for any reason, a court of competent jurisdiction finds any provision of these Terms to be unenforceable in any jurisdiction, that provision will be enforced to the maximum extent permissible in that jurisdiction so as to effect the intent of the Agreement. The remainder of these Terms will continue in full force and effect in that jurisdiction. The entire Agreement will continue in full force in effect in all other jurisdictions.
Please print or otherwise retain a copy of these Terms for your files. A printed version of these Terms and of any notice given in electronic form will be admissible in any legal proceeding based upon, or related to, these Terms to the same extent, and subject to the same conditions, as other business documents and records originally generated and maintained in printed form.
The Sites and their features are operated and administered from within the United States of America ("U.S."). Use of Sites and their features are governed by all applicable federal laws of the U.S. and the laws of the Commonwealth of Pennsylvania, without giving effect to its conflict of laws provisions. You agree to submit to the jurisdiction of the state and federal courts having jurisdiction over Allegheny County located in the State of Pennsylvania, for the resolution of all disputes arising from or related to these Terms and/or your use of this Site or any of its features.
Any cause of action you may have with respect to your use of the Sites or any of their respective features must be commenced within one (1) year after the claim or cause of action arises or the shortest duration permitted under applicable law, whichever is shorter.
These Terms do not create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Guardian. If any provision of these Terms is found to be unlawful, void, or otherwise unenforceable, that provision will be severed from these Terms and will not affect the validity or enforceability of any remaining provision. You may not assign, transfer, or sublicense all, or any portion, of your rights or obligations under these Terms. Guardian may assign, transfer, or sublicense any or all of its rights or obligations under these Terms without restriction. No waiver by either party of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is for convenience only, and in no way defines or explains any section or provision. Any use of the term "including" or its variations will be construed as if followed by the phrase "without limitation."