Folding Guard Corporation Terms of Use

Read This Terms of Use Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on October 1, 2007.

This Terms of Use Agreement sets forth the standards of use of the Folding Guard Corporation website. By using the Folding Guard Corporation (foldingguard.com) website you (the “User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at Folding Guard Corporation (foldingguard.com) website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

Folding Guard Corporation is providing User with product and related service content. User must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for User's access to the Internet, and (3) pay any fees related with such connection.

2. Disclaimer of Warranties

The site is provided by Folding Guard Corporation on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Folding Guard Corporation makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Folding Guard Corporation shall have no liability for any interruptions in the use of this website. Folding Guard Corporation disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3. Limitation of Liability

FOLDING GUARD CORPORATION SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR FOLDING GUARD CORPORATION SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF FOLDING GUARD CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

4. Indemnification

User agrees to indemnify and hold Folding Guard Corporation, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of User's use of the Service, the violation of this Agreement, or infringement by User, or other user of the Service using User's computer, of any intellectual property or any other right of any person or entity.

5. Modifications and Interruption to Service

Folding Guard Corporation reserves the right to modify or discontinue the Service with or without notice to the User. Folding Guard Corporation shall not be liable to User or any third party should Folding Guard Corporation exercise its right to modify or discontinue the Service. User acknowledges and accepts that Folding Guard Corporation does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

6. Third Party Sites

Our website may include links to other sites on the Internet that are owned and operated by other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third party site. You should contact the site administrator or webmaster for those third party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Users to review said privacy policies of third parties' sites.

7. Governing Jurisdiction

Our website is operated and provided in the State of Illinois. As such, we are subject to the laws of the State of Illinois, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Illinois.

8. Compliance with Laws

User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

9. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements (collectively “Materials”) are derived in whole or in part from information and materials supplied by Folding Guard Corporation and other sources, and are protected by United States copyrighted collective work. Folding Guard Corporation owns the copyright in the selection, coordination, arrangement and enhancement of such content, and owns the rights in, or license to use, the individual components of such content. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Folding Guard Corporation is strictly prohibited, except that User may download one copy of the Materials, provided all copyright, trademark, author attribution and other proprietary notices are kept intact. This limited authorization is not a transfer of title in the Materials, User acknowledges that no license, ownership or other rights are transferred to or acquired by User. User agrees that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Folding Guard Corporation. If User breaches any of these Terms, User's authorization to use the website automatically terminates and User must immediately destroy any downloaded or printed materials.

Folding Guard® Corporation, foldingguard.com™, Qwik-Fence®, CellGard™, CellGard™ EX, Stor-More®, Wov-N-Wire™, Saf-T-Stor™, BarrierGard™, Saf-T-Fence™ and CarLocker™ are proprietary marks of Folding Guard Corporation and may not be used in connection with any product or service that is not provided by Folding Guard Corporation, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Folding Guard Corporation. All other trademarks displayed on Folding Guard CorporationÕs website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Folding Guard Corporation.

10. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, foldingguard.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

Folding Guard Corporation
Attention: Jason Wynne
5858 West 73rd Street
Bedford Park, IL USA 60638
Telephone: 708-325-0400

11. Botnets

Folding Guard Corporation retains the right, at our sole discretion, to terminate any User access involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Folding Guard Corporation reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

12. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Folding Guard Corporation, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.