PRIVACY POLICY

Guardian Sports Privacy Policy

Effective Date: July 7, 2025

This “Privacy Policy” describes how your information is collected, used, and shared by Guardian Innovations LLC (“Guardian”, we”, “our”, “us”) when you visit or make a purchase from guardiansports.com or shop.guardiansports.com (each, the “Site” and collectively, the “Sites”).

PERSONAL INFORMATION WE COLLECT

You may choose to provide us with certain personal information, which is information that can be used to identify you individually. When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information as described in further detail below.

You may provide us with Personal Information when you contact us, leave a review, request a quote for custom products, subscribe to our email list, make a purchase through the Sites, or otherwise interact with our Sites. This information may include your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. When you make a purchase on our Site, we refer to this information as “Order Information”. When you visit the Sites, we and our vendors may automatically collect certain information about your device through cookies, pixels, log files, and other tracking technologies (collectively, “cookies”). Cookies allow a website to recognize a visitor’s device, record a visitor’s preferences, and track pages that are popular on a website. The information we automatically collect may include information about your web browser, you IP address, and your interaction with our emails or forms on our Sites. We refer to this automatically collected information as “Device Information”.

We may use cookies for various purposes, including to collect information about the individual web pages or products that you view, what websites or search terms referred you to our Sites, information about how you interact with the Sites, improve features and content on our Sites, and for advertising purposes.  For example, we may use the cookies listed below for the following purposes:

• We may use the Meta Pixel to collect or receive information on our online Services and use that information to target and deliver ads. You can adjust your advertising settings by visiting here: com/settings/?tab=ads.
• We may use Google Analytics on our Online Services to understand details about your use of such pages. For more information on how Google Analytics uses data it collects, visit: google.com/technologies/partner-sites. To opt out of Google Analytics, visit tools.tools.google.com/dlpage/gaoptout. To adjust your Google advertising settings, visit: myadcenter.google.com.
• We may use YouTube API Services, which may collect information about you, including your interactions with YouTube features on the Sites (such as video media players), IP address, device information, and Internet or other electronic network activity information. The YouTube API Services may deliver ads through the video media player or otherwise. For more information about the YouTube API Services, please refer to the Google Privacy Policy.

Most web browsers are set to accept cookies by default, but you usually can change your browser setting to remove or reject cookies. Please note that blocking certain cookies when using the Sites may prevent you from using some of the features on our Sites. Additionally, by disabling cookies, you may invalidate opt outs that use cookies to recognize devices that have opted out.

Please note that we or third parties may collect Personal Information about your online activities over time and across different devices and websites when you use the Sites. Some web browsers may have settings that allow you to transmit “Do Not Track” signals. Please note that we do not alter our Sites’ data collection and use practices when we see a Do Not Track signal from your browser.

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. Certain analytics and advertising vendors may participate in the Digital Advertising Alliance (“DAA”) AdChoices Program and the Network Advertising Initiative (“NAI”). Vendors that participate in the DAA program may display an Advertising Option Icon for Interest-based Ads that links to an opt-out tool, which allows you to exercise certain choices regarding targeting. You can learn more about the DAA AdChoices Program at optout.aboutads.info. For more information about opting out of targeted advertising via the NAI tool, see www.networkadvertising.org/choices. Please be aware that, even if you are able to opt out of certain kinds of interest-based ads, you may continue to receive non-personalized ads.

Our vendors may share the Personal Information that you submit to them with us. For example, if you make a purchase via our shop, our vendor Shopify may facilitate your purchase and disclose certain information to us. We may combine information that we have about you with information we obtain from third parties.

USE OF YOUR PERSONAL INFORMATION

We may use Personal Information collected via the Sites for various purposes, including for the following purposes:

• We use the Order Information that we collect generally to fulfill any orders placed through our shop (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations);
• We may also use your Order Information to screen our orders for potential risk or fraud;
• We may use Personal Information to communicate with you about products that may be of interest to you, to provide the products and services you request, and to provide general customer service;
• When in line with the preferences you have shared with us, we may use your Personal Information to provide you with information (including any product recalls) or advertising relating to our products or services and to administer a sweepstakes or similar promotions;
• We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Sites (for example, by generating analytics about how our customers browse and interact with the Sites, and to assess the success of our marketing and advertising campaigns).

SHARING YOUR PERSONAL INFORMATION

We may share your Personal Information with our affiliates, business partners, vendors, and other third parties. For example, we use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: www.shopify.com/legal/privacy.

In the event of a business transaction (e.g., reorganization, merger, liquidation, or any other business transaction, including negotiations of such transactions), we reserve the right to disclose any information we obtain through the Sites.

Finally, we may also share your Personal Information (1) to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive; (2) to otherwise protect Guardian Sports and our rights; (3) where we perceive a threat or risk to individuals or property as a result of activity on our Sites; (4) in connection with an individual’s inappropriate use of our Sites, noncompliance with our Terms of Use, or a complaint filed about your use of our Sites; or (5) with your consent or at your direction.

INFORMATION FOR USERS OUTSIDE THE UNITED STATES

Please note that we are based in the United States and that Personal Information submitted to the Sites will be transferred to a server in the United States and will be processed by United States based staff. By submitting Personal Information through the Sites, you consent to this transfer, processing, and storage. Please be aware that the data protection laws and regulations that apply to your Personal Information transferred to the United States or other countries may be different from the laws in your country of residence.

SECURITY AND RETENTION OF PERSONAL INFORMATION

We maintain commercially reasonable security measures to protect the Personal Information we collect through the Sites from unauthorized access, loss, misuse, or alteration. Although we use reasonable measures to safeguard information, transmission via the Internet is not completely secure; accordingly, we cannot guarantee the security of your Personal Information submitted to us online.

We retain your personal information for no longer than is necessary to achieve the purposes for which the personal information was collected, or as may otherwise be permitted or required under applicable law.

SOCIAL MEDIA AND OTHER THIRD-PARTY LINKS

Our Sites may provide links or otherwise facilitate access to other websites, for your convenience. This Privacy Policy does not apply to the practices of companies that we do not own or control. These other websites may have their own privacy policies, which we encourage you to review to learn more about those websites’ privacy practices.

Our Sites may permit you to interact with social media platforms operated by unaffiliated parties, for example, to “like” Guardian or to share content from the Site on those platforms (“Social Features”). If you choose to “like” or share content or post information using Social Features, that information may be publicly displayed, and the party operating the other platform may receive certain information about you and your use of the Site. Similarly, if you interact with us through Social Features (e.g., if you “like” or “follow” our page on another platform), we may have access to information about you from that platform. Please note that if you mention or comment about Guardian Sports or our Sites in your post on another platform, that platform may allow us to publish your post on our Sites.

CHILDREN’S PRIVACY

Our Sites are not intended for use by children under the age of 13, and we do not knowingly collect Personal Information from children under the age of 13. If we become aware that we have obtained Personal Information from a child under age 13 we will delete such information in accordance with applicable law.

YOUR CHOICES

If you prefer not to receive marketing communications from us, you may unsubscribe using the “unsubscribe” link provided within our correspondence. If you opt out of marketing emails, we may still send you administrative emails, such as those related to your account and your orders.

You may be able to review and change certain Order Information by contacting us at sales@guardiansports.com.

CHANGES TO PRIVACY POLICY

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. We will indicate changes to the Privacy Policy by updating the “Effective Date” at the beginning of the Privacy Policy. Your continued use of the Sites after any update to this Privacy Policy will constitute your acceptance of the changes.

CONTACT US

For more information about our privacy practices, please contact us by email at sales@guardiansports.com or by mail using the details provided below:

Guardian Sports

3044 Adriatic Court, Peachtree Corners GA 30071, United States

_______

TERMS OF SERVICE

Effective Date: July 8, 2025

These Terms of Service (“Terms”) set forth a legally binding agreement between you and Guardian Innovations LLC (“Guardian”, “we”, “us” and “our”) when you visit our guardiansports.com (the “Site”) or make a purchase on shop.guardiansports.com (the “Shop”, and with the Site, collectively, the “Services”). We offer our Services, including all information, tools, and services available to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

In some instances, both these Terms and separate terms setting forth additional conditions may apply to a service or product offered via the Services (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

By visiting our Services and/ or purchasing something from us, you agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Services, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors to the Services. If you do not agree to the Terms, then you may not use any Services.

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS AFFECT YOUR LEGAL RIGHTS, INCLUDING BY LIMITING GUARDIAN’S LIABILITY AND REQUIRING YOU TO RESOLVE DISPUTES ON AN INDIVIDUAL, NON-CLASS BASIS. SEE SECTIONS 10–13.

Any new features or tools which are added to our Shop shall also be subject to the Terms. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms. We will indicate changes to the Terms by updating the “Effective Date” at the beginning of this page. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – USE OF THE SERVICES

You must be at least the age of majority in your state or province of residence to access or otherwise use the Services. If you under the age of majority, you may only access the Services with the consent and under the supervision of a legal guardian.

The Services may contain (a) materials and other items relating to Guardian and its Services, including: data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, layout, databases, articles, posts, text, URLs, software, technology, interactive features, and the “look and feel” of the Services; (b) logos, service marks, trademarks, trade names, trade dress, and trade identities of various parties; and (c) other forms of intellectual property (all of the foregoing, collectively “Content”). All rights, title, and interest in and to the Services and the Content is the property of Guardian, our licensors, or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws, to the fullest extent possible. Guardian owns the copyright in selection, compilation, assembly, arrangement, and enhancement of the Content on the Services.

Subject to your strict compliance with these Terms and any Additional Terms, Guardian grants you a limited, non-exclusive, revocable, worldwide, non-assignable, personal, and non-transferable license to download, display, view, and use the Services, and to retain one copy of the Content as it is displayed to you, in each case for your personal, non-commercial use only. The foregoing limited license (a) does not give you any ownership of, or any other intellectual property interest in, the Services or any Content; and (b) may be immediately suspended or terminated for any reason, in Guardian’s sole discretion, and without advance notice or liability.

All rights not expressly granted to you are reserved by Guardian and its licensors and other third parties. No right or license may be construed under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Site, our Shop, or Content for any purpose is prohibited.

SECTION 2 – PROHIBITED USES AND RESTRICTIONS

By using the Services, you agree not to employ any bots, automated scripts, or similar technologies to access, collect, or interact with the Services. Automated activities, including data scraping and crawling, are strictly prohibited. Violations of this Section may result in suspension or termination of your access to the Services. We reserve the right to take legal action against any unauthorized use of automated tools. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Services or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet; (l) to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services or Content; or (m) in violation of these Terms or in a manner not permitted by Guardians. We reserve the right to immediately terminate your use of the Service or any related website for violating or breaching any of the prohibited uses or Terms.

SECTION 3 – ACCOUNT CREATION

If you create an account via the Services, you are solely responsible and liable for the security and confidentiality of your access credentials and for all activity under your account. Usernames and passwords must be personal and unique that do not violate the rights of any person or entity and are not offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. If you are creating an account on behalf of an entity, organization, or a company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice.

You will immediately notify us at operations@guardiansports.com of any unauthorized use of your account, password, or username, or any other breach of security. You will not sell, transfer, or assign your account or any account rights.

SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

Guardian will use reasonable efforts to include accurate and current information on the Services. We are not responsible if information made available on via the Services is not accurate, complete, or current. The materials on the Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on the Services is at your own risk.

Occasionally, there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Services or any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information on the Services or any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Services or any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.

SECTION 5 – TERMS OF SALE

Our Shop is powered by Shopify Inc, which is our online e-commerce platform that allows us to sell our products and services to you.

1. Pricing and Product Availability

All prices published on our Shop are set by Guardian in its sole discretion. Prices and descriptions for our products are subject to change at any time and without notice. Certain products or services may be available exclusively online through our Shop. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy, as described in Section 5(F).

We have made every effort to display as accurately as possible the colors and images of our products that appear at our Shop. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. We do not warrant that such specifications, pricing, or other content on the Shop is complete, accurate, reliable, current, or error-free. If a product you purchased from Guardian is not as described, your sole remedy, as permitted by applicable law, is to return it or exchange it as detailed in the Refund Policy.

1. Order Acceptance

You can purchase certain products in our Shop. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order (the “Order”). By confirming your purchase during the checkout process, you agree to pay for your Order. All Orders must be accepted by Guardian in order to become a binding obligation to sell you products via the Shop.

As permitted by applicable law, we reserve the right to refuse any Order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per Order. These restrictions may include Orders placed by or under the same customer account, the same credit card, and/or Orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an Order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the Order was made.

We reserve the right to limit or prohibit Orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We may, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We reserve the right to discontinue any product at any time. We may exercise this right on a case-by-case basis. Any offer for any product or service made on the Shop is void where prohibited.

1. Payment Details

Guardian accepts credit and debit cards and you represent and warrant that (a) the credit card or debit card information you provide to Guardian and/or our Payment Manager (as defined below) is true, correct, and complete; (b) that you are the person in whose name the credit card or debit card was issued and/or you are authorized to make a purchase with the relevant credit card or debit card; (c) charges incurred by you will be honored by your credit/debit card company or bank; and (d) you will pay the charges incurred by you in the amounts posted, including any applicable taxes.

You will promptly notify Guardian if your payment information has changed, if your payment method has been canceled, or if you become aware of a breach of security. You acknowledge that we may process an authorization hold using your payment information in order to verify the information provided. If your payment card details change or are due to expire, we may request updated payment details from you, including your card number, expiration date, and CVV (or equivalent).

All credit card, debit card, and other monetary transactions on our Shop occur through an online payment gateway that is provided by Shopify (“Payment Manager”), which assist us in integrating payment processing into our Shop. Your use of the payment platform is subject to Shopify’s Terms of Service, which you should review. By agreeing to these Terms or making a purchase on the Shop, you agree to be bound by the above referenced agreements with our Payment Manager and agree that such agreements may be modified by the Payment Manager (or a payment processor) from time to time. If a payment processor is unable to secure funds from your payment method for fees that are due for any reason, including, but not limited to, insufficient funds or insufficient or inaccurate information provided when submitting electronic payment, Guardian may undertake further collection action, including application of fees to the extent permitted by law, and reserves the right to suspend or terminate your access to the Shop.

You agree to waive all claims against Guardian and its third-party affiliates, including our third-party Payment Manager, related to any unauthorized payments made on or through the use of your account outside of Guardian’s control, regardless of whether such payments are authorized or unauthorized. To the fullest extent permitted by applicable law, we may refuse or cancel an Order for any reason including limitations on the quantity available, eligibility requirements, inaccuracies or errors in pricing information, or problems identified by our credit and fraud avoidance partners.

1. Order Cancellation

We are not responsible for pricing, typographical, or other errors and we reserve the right to cancel any Orders arising from such errors, even after your receipt of an Order confirmation. If your Order is canceled after your payment method has been charged, we will issue a credit to your payment method in the amount of the charge. Guardian may, at its discretion and as permitted by applicable law, either contact you for instructions or cancel your Order and notify you of such cancellation.

To the fullest extent permitted by applicable law, we may refuse or cancel an Order for any reason including limitations on the quantity available, eligibility requirements, inaccuracies or errors in pricing information, or problems identified by our credit and fraud avoidance partners.

Orders are not eligible for cancellations by you. If you no longer want to receive your Order, your sole remedy is to return it, subject to our Refund Policy below.

1. Shipping Terms

Guardian will arrange for shipment of your Order. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.

Title and risk of loss pass to you upon Guardian’s transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. Guardian is not liable for any delays in shipments.

Guardian ships the next business day for orders placed by 5pm. We offer FedEx Ground (3-5 business days), FedEx 2Day (2 business days), and FedEx Priority Overnight (next business day).

1. Refunds and Returns

For Guardian Caps/LOOP: An unworn cap or LOOP, with tags attached, may be returned for a full refund within sixty (60) days of purchase, minus the cost of original shipping fees (where applicable). An unworn cap, with tags attached, may be exchanged for another color (depending on availability) at any time. The customer will be responsible for all shipping fees. Refunds and exchanges will be given once the returned Guardian Caps have been received at the Guardian office Click here to start the return or exchange process.

For Pearl Lacrosse Balls: Unused balls may be returned for a full refund within sixty (60) days of purchase, minus the cost of original shipping fees (where applicable). Unused balls may be exchanged for another color (depending on availability) at any time. Customer will be responsible for all shipping fees. Refunds and exchanges will be given once the returned Pearls have been received at the Guardian office. Click here to start the return or exchange process.

Personalized, custom, or made to order Pearl lacrosse balls are NOT eligible for returns or exchanges.

1. Limited Warranties

Guardian Caps Warranty

We offer a 6-month Limited Warranty on the Guardian Cap to ensure customer satisfaction and product reliability. This warranty applies only to the original purchaser of the Guardian Cap and is non-transferable. This warranty covers manufacturing defects in materials and workmanship under normal use for six (6) months from the original purchase date. Caps should be inspected before play.

What Is Covered:

• Defects in materials or workmanship affecting performance or usability.
• Malfunction or failure, including to snaps & straps, due to normal, intended use.

What Is Not Covered:

• Damage resulting from misuse, abuse, or neglect.
• Damage caused by improper installation or unauthorized modifications.
• Cosmetic wear and tear, including scratches, dents, or aesthetic changes.
• Damage from accidents, improper storage, or exposure to extreme conditions.
• Products purchased from unauthorized retailers or sellers.

Warranty Claim Process:

To file a warranty claim contact Guardian Sports Customer Support with your proof of purchase, description of the issue, and photos (if applicable). Guardian will evaluate the claim and, if approved, repair or replace the Guardian Cap at no charge within six (6) months from the date of purchase. Replacement/repaired Guardian Caps do not extend terms on the original 6-month warranty. The warranty ends six (6) months from the date of purchase of the original Guardian Cap.

*Guardian Caps that are compressed, torn, or broken should not be assumed to have the same reduction in impact as a new Guardian Cap.*

Guardian LOOP Warranty

We offer a 3-month Limited Warranty on the Guardian LOOP to ensure customer satisfaction and product reliability. This warranty applies only to the original purchaser of the LOOP and is non-transferable.

This warranty covers manufacturing defects in materials and workmanship under normal use for three (3) months from the original purchase date.

What Is Covered:

• Defects in materials or workmanship affecting performance or usability.
• Malfunction or failure due to normal, intended use.

What Is Not Covered:

• Damage resulting from misuse, abuse, or neglect.
• Damage caused by improper installation or unauthorized modifications.
• Cosmetic wear and tear, including scratches, dents, or aesthetic changes.
• Damage from accidents, improper storage, or exposure to extreme conditions.
• Products purchased from unauthorized retailers or sellers.

Warranty Claim Process:

To file a warranty claim contact Guardian Sports Customer Support with your proof of purchase, description of the issue, and photos (if applicable).

Guardian will evaluate the claim and, if approved, repair or replace the LOOP at no charge within three (3) months from the date of purchase. Replacement/repaired LOOPS do not extend terms on the original 3-month warranty. The warranty ends three (3) months from the date of purchase of the original LOOP.

*LOOPs that are torn or broken should not be assumed to have the same reduction in impact as a new LOOP.*

PEARL Lacrosse Balls Warranty

We offer a thirty (30) day Limited Warranty on Guardian PEARL lacrosse balls to ensure customer satisfaction and product reliability. This warranty applies only to the original purchaser of the PEARL balls and is non-transferable.

This warranty covers manufacturing defects in materials and workmanship under normal use for 30 days from the original purchase date.

What Is Covered:

• Defects in materials or workmanship affecting performance or usability.
• Malfunction or failure due to normal, intended use.

What Is Not Covered:

• Damage resulting from misuse, abuse, or neglect.
• Cosmetic wear and tear, including scratches, discoloration or dings due to game or practice play.
• Damage from accidents, improper storage, or exposure to extreme conditions.
• Products purchased from unauthorized retailers or sellers.

Warranty Claim Process:

To file a warranty claim contact Guardian Sports Customer Support with your proof of purchase, description of the issue, and photos (if applicable).

Guardian Sports will evaluate the claim and, if approved, replace the PEARL balls at no charge within thirty (30) days from the date of purchase. Replacement PEARLs do not extend terms on the original 30 day warranty. The warranty ends thirty (30)  days from the date of purchase of the original PEARLs.

1. Notice for California Customers

In accordance with California Business and Professions Code Section 17538 et al., Guardian’s Refund Policy is described in Section 5(F)above, the legal name under which Guardian conducts business is Guardian Innovations, LLC, and Guardian’s business address is 3044 Adriatic Court, Peachtree Corners, GA 30071.

Pursuant to California Civil Code Section 1789.3, if you have questions, concerns, or complaints regarding the Shop, please contact Guardian Innovations, LLC by either (a) calling 770-667-6004; or (b) a letter, first class certified mail, to Guardian Innovations, LLC, Attn: Jake Hanson, 3044 Adriatic Court, Peachtree Corners, GA 30071.

California residents may resolve any complaint regarding the Shop by contacting the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at or (800) 952-5210 or Hearing Impaired at TTY (800) 735-2929.

SECTION 6 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Service is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). By using these optional tools, you understand we may retain the information that you submit through these features, and that our vendors may process the information obtained through the feature to provide the service on our behalf.

We may also, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

SECTION 7 – THIRD-PARTY LINKS

Certain content, products, and services available via our Services may include links to materials from third parties.

Third-party links on the Services may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 8 – USER COMMENTS, FEEDBACK; UPLOADED CONTENT

If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (a) to maintain any Comments in confidence; (b) to pay compensation for any Comments; or (c) to respond to any Comments.

We may, but have no obligation to, monitor, edit or remove Comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that Guardian shall have, and hereby grant to Guardian, a worldwide, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to, or use, in any form or media, any Comment that you submit to Guardian. Guardian does not endorse any Comment, or third-party product or service that may appear in connection with use of the Services. Nothing in these Terms shall obligate Guardian to use any Comment you submit or permit the posting of such Comment on any website or platform.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.

By using the Shop, you may also be able to customize or personalize certain products. You hereby declare and represent to Guardian Innovations LLC that you understand you are obligated to secure all appropriate and necessary rights to use the mark, logo design, and/or photo sent to Guardian Innovations LLC (“Uploaded Content”) in the customized or personalized product. As between you and Guardian Innovations, LLC, you own all right, title, and interest in and to the Uploaded Content. You grant Guardian Innovations, LLC, a royalty-free and sublicensable license to display, host, copy, store and use your Uploaded Content solely to the extent necessary to fulfill your Order and provide our products to you.

SECTION 9 – PERSONAL INFORMATION

Your submission of personal information via the Services is governed by our Privacy Policy. By using the Services, you consent to the collection, use, and sharing of your personal information as described in our Privacy Policy.

SECTION 10 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE SERVICES, ITS CONTENT, AND ITS LINKS AND COMMUNICATIONS ARE PROVIDED ON AN “AS IS” BASIS AND ARE USED AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE, AND LINKS) AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY, AND NON-INFRINGEMENT.

IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

IN NO CASE SHALL GUARDIAN, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ANY OF THE EVENTS OR CIRCUMSTANCES WERE FORESEEABLE AND EVEN IF GUARDIAN PARTIES WERE ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF GUARDIAN WILL BE LIMITED TO ANY AMOUNT PAID TO GUARDIAN BY YOU IN CONNECTION WITH THE PRODUCTS AND/OR SERVICES THAT UNDERLIE THE CLAIM.

SECTION 11 – WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF

YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY GUARDIAN.

SECTION 12 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Guardian and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any and all claims, demand, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, made by any third party  arising out of or in connection with any of the following: (a) your breach or alleged breach of these Terms; (b) your use of the of Services; (c) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (d) your Comments or Uploaded Content; (e) your violation of the rights of any third party including any intellectual property, publicity, confidentiality, property, or privacy right; or (f) any misrepresentation made by you. Guardian reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Guardian’s defense of any claim. You will not in any event settle any claim without the prior written consent of Guardian.

SECTION 13 – DISPUTE RESOLUTION & CLASS ACTION WAIVER

1. Applicability

YOU UNDERSTAND AND AGREE THAT THESE DISPUTE RESOLUTION TERMS APPLY TO ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND GUARDIAN (AND ANY OTHER RELEASED PARTY), AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO YOUR USE OR ACCESS TO THE SERVICES.

1. DISPUTE NOTICE AND INFORMAL DISPUTE RESOLUTION

If a dispute should arise between you and Guardian we want to provide you with a resolution that is efficient and cost effective. Before initiating an action, you and Guardian each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute can be (1) mailed to Guardian Innovations LLC, 3044 Adriatic Court Peachtree Corners Georgia US 30071, Attention: Jake Hanson, or (2) emailed at legal@guardiansports.com. You and Guardian agree to make attempts to resolve the dispute prior to commencing any legal action, including the filing of a lawsuit, until a 45-day post-notice resolution period expires. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or Guardian may commence a lawsuit.

1. NO CLASS ACTIONS

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES (WHETHER BASED IN CONTRACT, STATUTE, TORT OR ANY OTHER THEORY) WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION OR PROCEEDING.

1. Limited Time to File Claims

ANY ACTION MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE CAUSE OF ACTION OR CLAIM ARISES.

1. WAIVER OF JURY TRIAL

EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT) TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTE, INCLUDING BUT NOT LIMITED TO DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP OF THE PARTIES.

SECTION 14 – SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 15 – AVAILABILITY OF THE SERVICES; TERMINATION AND SUSPENSION

Your use of the Services must be in accordance with any and all procedures, forms, formats, displays, and operating times which may be determined, specified, or modified by Guardian in its discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs, and taxes for you to access or use the Services or to receive any communications from Guardian.

The Services may be unavailable from time to time for any reason (for example, for routine maintenance). You understand and acknowledge that, due to circumstances both within and outside of Guardian’s control, access to the Services may be interrupted or suspended from time to time. Guardian shall have the right at any time to change or discontinue any aspect or feature of the Services, including, but not limited to, content, availability, and equipment needed for access or use.

We reserve the right at any time to modify, suspend, terminate, or discontinue the availability of the Services (or any part or content thereof) without notice at any time, for any reason, in Guardian’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Services or upon notice from Guardian, all rights granted to you under these Terms will cease immediately. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using the Services.

A breach or violation of any of the Terms may result in an immediate termination of your Services. If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate the availability of the Services at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 16 – ENTIRE AGREEMENT; WAIVER

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on the Services constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms ).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 17 – GOVERNING LAW

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Georgia without regard to conflict of laws principles. The parties hereby submit to the exclusive jurisdiction of the federal, state, or municipal court of proper jurisdiction in Peachtree Corners to resolve any dispute between them arising under or in connection with these Terms.

SECTION 18 – MISCELLANEOUS PROVISIONS

1. Interpretation; Assignment

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms. Guardian may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Guardian.

1. Export Controls

You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by U.S. law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.

1. Investigations; Cooperation with Law Enforcement

Guardian reserves the right to investigate and prosecute any suspected or actual violations of these Terms. Guardian may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.

SECTION 19 – CONTACT INFORMATION

Questions about the Terms should be sent to us at legal@guardiansports.com.