Guardian Bedwetting Alarm

Effective as of Janyuary 1, 2017

Welcome to Shield Bedwetting Alarm website located at guardianbedwettingalarm.com (the “Website”).  The following Terms of Use apply when you view or use the Website or by accessing the Website through clicking on the application/browser (the “App”) on your mobile device.  Please review the following terms carefully.  By accessing or using the Website, you signify your agreement to these Terms of Use.  If you do not agree to these Terms of Use, you may not access or use the Website.

1.PRIVACY POLICY

Theos Medical Systems (The Company) respects the privacy of its Website users.  Please refer to The Company’s Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy.  When you access or use the Website, you signify your agreement to this Privacy Policy.

2.ABOUT THE WEBSITE

The Website is protected by United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the Website is transferred to you. No material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way by you, except that you may download one copy of the materials on any single computer for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices appearing on such materials. You may not modify, or create derivative works based upon, the Website or any materials contained therein, in whole or in part. All rights not expressly licensed hereunder are reserved by One Stop Bedwetting.

3.REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE WEBSITE

You need to be at least 13 years old and a resident of the United States to register for and use the Website. If you are a user who signs up for the Website, we will create a personalized account which includes a unique username and a password to access the Website and to receive messages from the Company.  You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.

4.USE RESTRICTIONS.

Your permission to use the Website is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances: post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive; use the Website for any unlawful purpose or for the promotion of illegal activities; attempt to, or harass, abuse or harm another person or group; use another user’s account without permission; provide false or inaccurate information when registering an account; interfere or attempt to interfere with the proper functioning of the Website; make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; bypass any robot exclusion headers or other measures we take to restrict access to the Website or use any software, technology, or device to scrape, spider, or crawl the Website or harvest or manipulate data; or publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

5.POSTING AND CONDUCT RESTRICTIONS.

When you create your own personalized account, you may be able to provide (“User Content”).  You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Website.  The Company, however, reserves the right to remove any User Content from the Website at its discretion.

The following rules pertain to User Content. By transmitting and submitting any User Content while using the Website, you agree as follows: You are solely responsible for your account and the activity that occurs while signed in to or while using your account; You will not post information that is malicious, false or inaccurate; You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Use, remove any and/or all of your submissions, and terminate your account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Website is solely your responsibility.  The Company is not responsible for any public display or misuse of your User Content.  The Company does not, and cannot, pre-screen or monitor all User Content.  However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Website.

6.ONLINE CONTENT DISCLAIMER

The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Website and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company.  The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Website.  Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Website, or transmitted to users.

Though the Company strives to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable.  The Company reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Website or to limit or deny a user’s access to the Website or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious.  The Company shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others.  Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law.  If you become aware of misuse of our Website, please contact us here.

7.LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Website, the Company may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”).  These links are provided as a courtesy to Website users.  The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content.  Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content.  Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company.  If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

8.TRADEMARKS

You agree that Shield, Guardian Bedwetting Alarm and the Guardian Bedwetting design marks and logo(s) are trademarks, service marks or registered trademarks or registered service marks of The Company and are protected by U.S. and international trademark law. You agree not to display or use in any manner any Marks or any confusingly similar mark of the Company without the prior express written permission of The Company. The names and logos of other companies and products mentioned in materials appearing on the Website are the trademarks or registered trademarks of their respective owners.

9.LICENSE GRANT

By posting any User Content via the Website, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Website.

10.INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Website, including applicable copyrights, trademarks and other proprietary rights.  Other product and company names that are mentioned on the Website may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

11.EMAIL MAY NOT BE USED TO PROVIDE NOTICE

Communications made through the Website’s e-mail and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.

12.USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you (a) consent to receive communications from the Company in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.  The foregoing does not affect your non-waivable rights.

We may also use your email address, to send you other messages, including information about the Company, the Website and special offers. You may opt out of such email by changing your account settings or sending an email by clicking here or mail to the following postal address:

Information Technology, Guardian Bedwetting Alarm, 2954 Scott Blvd, Santa Clara, CA 95054

Opting out may prevent you from receiving messages regarding the Company or special offers.

13.WARRANTY DISCLAIMER

The Website and all elements thereof are provided on an “AS IS” basis without warranty of any kind, express or implied. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, OR ARISING FROM CUSTOM OR TRADE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE ONE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE ONE STOP BEDWETTING WEBSITE OR ANY INFORMATION OR MATERIALS CONTAINED THEREIN. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU, IN WHICH CASE, THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

14.LIMITATION OF DAMAGES; RELEASE

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE OR STRICT LIABILITY), CONTRACT, OR OTHERWISE), SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE,  OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE WEBSITE; (C) THE WEBSITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE WEBSITE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

15.JURISDICTION

Unless otherwise specified, the materials in the Website are presented solely for the purpose of promoting the Website and its products. The Website is controlled by the Company from its offices within the State of California, USA. The COmpany makes no representation that materials in the ebsite are appropriate or available for use in other locations outside the United States. Neither the Website nor any underlying information or technology may be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) Cuba, Iran, Libya, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nations or the U.S. Commerce Department’s Table of Denial Orders. By using any element of the Website, you are agreeing to the foregoing and you are certifying that you are not located in, under the control of, or a national or resident of, any such country or on any such list. In addition, you are responsible for complying with any and all local laws in your jurisdiction which may impact your right to use the Website.

16.MODIFICATION OF TERMS OF USE

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments.  It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement.  If you continue to use the Site, you signify your agreement to our revisions to these Terms of Use.  However, we will notify you of material chances to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration.  For this additional reason, you should keep your contact and profile information current.  Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company.  No purported waiver or modification of this Agreement by the Company via telephonic or email communications shall be valid.

17.GENERAL TERMS

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law.  The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision.  Our rights under this Agreement will survive any termination of this Agreement.

You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions.

The Company may assign or delegate these Terms of Service and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally Identifiable Information’ (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

1.What personal information do we collect from the people that visit our blog, website or app?

When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number or other details to help you with your experience.

2. When do we collect information?

We collect information from you when you register on our site, place an order, subscribe to a newsletter, respond to a survey, fill out a form, use live chat, open a support ticket, provide us with feedback on our products or services or enter information on our site.

3.How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways: To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested, To improve our website in order to better serve you, To allow us to better service you in responding to your customer service requests, To administer a contest, promotion, survey or other site feature, To quickly process your transactions, To ask for ratings and reviews of services or products, To follow up with them after correspondence (live chat, email or phone inquiries).

4.How do we protect your information?

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information. All transactions are processed through a gateway provider and are not stored or processed on our servers.

5.Do we use ‘cookies’?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
We use cookies to: Help remember and process the items in the shopping cart, Understand and save user’s preferences for future visits, Keep track of advertisements, Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.

If you turn cookies off, some features will be disabled. Some of the features that make your site experience more efficient and may not function properly.

6.Product Reviews and Customer Comments and Testimonials

All product reviews are the property of the website and its owners/operators. Product reviews, customer comments and testimonials should not be written by any person impersonating another. The owners/operators of the website are entitled to nonexclusive rights to use, modify or otherwise adjust, publish, translate, reproduce, and/or distribute any product review, customer  and testimonials without consent from the user and without compensation of any form. The owners/operators of the website have no obligation to edit or remove any content posted by a user or third party. The owners/operators of the website assume no liability or responsibility for any content posted by you or any third party.

7.Third-party disclosure

We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

8.Third-party links

Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

9.COPPA (Children Online Privacy Protection Act)

If you are under 18 years of age, then please do not email or visit shieldbedwettingalarm.com or affiliated websites.

When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online. We do not specifically market to children under the age of 13 years old.

10.Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur: We will notify you via email within 90 days or we may notify the users via in-site notification within 90 days.

11.CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to: Send information, respond to inquiries, and/or other requests or questions, Process orders and to send information and updates pertaining to orders, Send you additional information related to your product and/or service, Market to our mailing list or continue to send emails to our clients after the original transaction has occurred. If at any time you would like to unsubscribe from receiving future emails, you can follow instructions at the bottom of each email.

12.International Visitors

For users visiting this website from the European Economic Area or other non-U.S. territories, please note that any data you send in an email to this website will be transferred outside the European Economic Area or such other non-U.S. territory for use by the owners/operators and its affiliated companies for any of the purposes described herein. In addition we may make information we gather available to worldwide business units and affiliated companies. By providing any data on the website, you hereby expressly consent to such transfers of your data to the United States or other countries.

13.Changes and Updates to this Privacy Policy

This Privacy Policy may be revised periodically without further notice to you and this will be reflected by a “last modified” date below. Please revisit this page to stay aware of any changes.

14.Contacting Us

If there are any questions regarding this privacy policy, you may contact us using the information below.

Guardian Bedwetting Alarm
2954 Scott Blvd
Santa Clara, CA 95054
USA

You can also contact us via email by clicking here.

We will respond to your inquiry within thirty (30) days of its receipt.

Last Edited on 2017-01-01