Terms of Use

  1. Agreement:

    These terms of use govern your access to, browsing and use of www.guard-in.com (the “Website”), which Website is owned and operated by Essentia Technologies Inc. (“Essentia”). Essentia hereby reserves any and all rights relating to the Website.
  2. Permitted Use:

    User is permitted to view, use and download a copy of the Website for informational, non-commercial use only.
  3. Log-In Credentials:

    1. Access to various sections of the Website requires the use of a username and alphanumeric password (“Log-in Credentials”), which Log-In Credentials shall be provided to user at Essentia’s discretion.
    2. User shall keep its Log-In Credentials secret and confidential and shall do all things necessary to maintain such secrecy and confidentiality. User shall not allow anyone to access or use its Log-In Credentials for any purpose.
    3. In the event of a potential breach in the security of a user’s Log-In Credentials, said user shall immediately notify Essentia at info@guard-in.com. Certain information may be required in order to confirm user’s identity. In the event user fails to provide such information, Essentia may suspend user’s access to the sections of the Website requiring the input of Log-In Credentials.
  4. Unauthorized Use:

    User shall not:
    1. unlawfully access or interfere with Essentia’s systems and/or communications;
    2. use spiders, robots, data mining techniques or other automated devices or programs to reproduce, download, distribute or store content available on the Website;
    3. mirror any material contained on the Website; or
    4. use any viruses or computer programs that could affect the function of external computers.
  5. Intellectual Property:

    “Guard-In” and “Guardin” are trademarks of Essentia. All material and information used on the Website, including, without limitation, all marks, software, graphics, photographs, images, animations, videos, audio, text and logos are owned by Essentia, its licensors or third parties and are protected by copyright, trademark, patent or other intellectual property legislation and treaties. User shall not have any right or any license to use any such marks, software, graphics, photographs, images, animations, videos, audio, text or logos, and user shall not reproduce, modify, copy, distribute, publish, assign, sell, reverse engineer or in any way exploit, as applicable, any of the foregoing without Essentia’s prior written consent.
  6. Disclaimer:

    1. Disclaimer of Warranty:

      1. Use of the Website is at user’s sole risk and all content on the Website is provided on an “AS IS” and “AS AVAILABLE” basis, without any warranty whatsoever, including but not limited to the implied warranties of merchantability, fitness for purpose and non-infringement, as well as any warranty relating to the accuracy, completeness and reliability of said content. Uunless otherwise expressly stipulated in writing by Essentia, any information contained on the Website relating to Essentia’s products shall not be incorporated or integrated into any warranty granted by Essentia or other any contractual right of user.
      2. Essentia does not in any way warrant that the use of the Website will be uninterrupted, timely or error-free, that defects will be corrected or that said use will be free from viruses or bugs. Essentia reserves the right to suspend, discontinue, modify, remove or add to the Website in its sole discretion with immediate effect and without notice. Essentia shall not be liable in any way for any loss suffered by user as a consequence of any decision made by Essentia in this regard or for any malfunction of the Website.
    2. Disclaimer of Liability:

      Notwithstanding anything to the contrary contained herein or on the Website, Essentia shall not be liable in any way whatsoever for any direct, indirect, incidental, consequential or special damages arising out of or in any way relating to user’s access to or use of the Website, whether or not Essentia has been advised of the possibility of any such damages.
  7. Indemnity:

    User agrees to defend, indemnify and hold harmless Essentia, its subsidiaries and affiliates and each of their directors, officers, employees, agents and representatives from and against any and all liabilities, actions, claims and expenses, including legal fees, arising out of or relating to user’s access to or use of the Website, any breach of these terms of use and/or applicable law, as well as any breach of any third party rights.
  8. Cookies:

    Essentia (or any authorized agent thereof) may conduct analyses of user traffic, which analyses will be performed using cookies and IP addresses.
  9. Links:

    The Website may contain links to third party websites that are not under Essentia’s control. User hereby acknowledges and agrees that Essentia is not responsible in any way for the content contained on said third party websites and that said websites are subject to their own privacy policies. Links to third party websites are solely provided for user’s convenience and in no way constitutes an endorsement by Essentia of said third party or any of the services/products offered thereby. User acknowledges that access to and use of third party websites is at user’s sole risk.
  10. Applicable Law/Disputes:

    These terms of use shall be governed exclusively by the laws of the Province of Quebec and the laws of Canada applicable therein, regardless of any conflict of law principles, and you hereby agree to the exclusive jurisdiction of the courts of the Province of Quebec, Canada as regards to all legal action in connection with the Website.
  11. Regulatory Standards:

    User acknowledges that governmental regulatory standards vary between jurisdictions and thus any representation made on the Website regarding the satisfaction of any regulatory standard may not be valid in user’s jurisdiction. For more information, please contact Essentia at info@guard-in.com.
  12. Severability:

    If any provision of these terms of use is held by a court of competent jurisdiction to be invalid, void or unenforceable for whatever reason, the remaining provisions not so declared shall nevertheless continue in full force and effect without being impaired in any manner whatsoever.
  13. Waiver:

    No failure or delay of Essentia in exercising any right or remedy hereunder shall operate as a waiver thereof, and a waiver of a particular right or remedy on one occasion shall not be deemed a waiver of any other right or remedy or a waiver on any subsequent occasion.