Policy Information

Privacy Policy

Last Revised: March 12, 2016

Introduction

The following policy describes the privacy practices for TimeKeeping Systems, Inc.

TimeKeeping Systems is committed to respecting your privacy. We believe it is important for you to understand the type of information we collect and how that information is used. TimeKeeping Systems will never sell or trade any of the information accumulated through the course of business about you without your consent.

If you have questions or concerns regarding this Privacy Policy, you should contact us by email at privacy@guard1.com.

How Information is Gathered

  • TimeKeeping Systems collects personal information when you register. We ask for information such as your name, Company Name, email address, etc. Once you register with TimeKeeping Systems and login to our website, you are not anonymous to us. We use the collected information to provide you with customized content. We also use this information to streamline your shopping experience within our Store.
  • TimeKeeping Systems will automatically gather information such as what kind of browser a visitor is on, their IP address, their navigation patterns, cookies. We use the collected information for research and statistical purposes integral to assisting us improve our site offerings.
  • The only time TimeKeeping Systems would provide specific information to anyone is if required to do so by law, and even then only to the proper authorities.

Cookies

TimeKeeping Systems uses cookies in order for its server to recognize a return visitor as a unique user. Cookies are small text files placed in the "Cookies" folder on a visitor's hard disk and allow us to remember the visitor. The cookies are readable only by TimeKeeping Systems, and cookies cannot access, read or modify any other data on a computer. All web-browsers offer the option to refuse any cookie, and if a visitor refuses the cookie, TimeKeeping Systems does not gather any information on that visitor.

How We Use Your Personal Information

We use your Personal Information to provide you with information about our products and services. You have the option to have your login account deleted by contacting us at privacy@guard1.com or at the address below. (An on-line Delete Login page is planned for a future release of this web site.)

We do not share personal information with third parties except for the following: FedEx, UPS, USPS. These third parties will use the information to ship product or literature as requested by our customers.

Access

TimeKeeping Systems will take reasonable steps to ensure that your Personal Information is accurate, complete and current to its intended use. We provide individuals with reasonable access to the Personal Information that they provide to us, including the ability to review and correct such information. To protect your privacy and security, we also take reasonable steps to verify your identity, before granting access to your Personal Information. In addition, we may deny access to Personal Information where providing such access would be unreasonably burdensome or expensive in the circumstances, or as otherwise permitted by the Safe Harbor Framework. We will respond promptly to your request for access to your Personal Information, in any event no later than within 30 days of the original request.

You can view your Personal Information by logging in and navigating to the My Account page.

Security

To prevent unauthorized access, maintain data accuracy and allow only appropriate use of your Personal Information, we utilize industry standard physical, technical, and administrative controls and procedures to safeguard the information that is collected.

Enforcement

If for some reason you believe that TimeKeeping Systems has not adhered to these rules, please notify us by email at privacy@guard1.com, and the Company will do its best to determine and correct the problem promptly.

Testimonials

We may post customer testimonials on our website. These testimonials are posted to benefit existing and prospective clients. We receive expressed consent from the individuals whose Personal Information is posted along with the testimonials before it is posted to our Web sites.

Contact Information

At any time you may contact TimeKeeping Systems, Inc. with questions or concerns about this Privacy Policy at privacy@guard1.com. Written correspondence can be sent to: TimeKeeping Systems, Inc. 30700 Bainbridge, Solon, Ohio 44139, Attn: Chief Privacy Officer.

Changes to this Privacy Policy

The practices described in this Privacy Policy are the current Personal Information protection policies as of the revision date indicated at the top of this page. TimeKeeping Systems, Inc. reserves the right to modify or amend this Privacy Policy at any time consistent with the requirements of the Safe Harbor Framework. If we decide to change our practices regarding what personal information we collect, how we use it, and under what circumstances, if any, we disclose it, we will post a prominent notice on our website 30 calendar days prior to implementing the change.

Terms of Use

TimeKeeping Systems, Inc. and its subsidiaries ("TKS") provide the information and services of the Guard1.com web site ("the Site") to you subject to the terms and conditions ("Terms") set forth below. By visiting Guard1.com, you accept these conditions. Your use of this web site may be subject to additional terms and conditions, including Terms and Conditions of Sale and this web site's Privacy Policy.

License

TKS grants you a limited license to access and make personal use of the Site. You may not download or modify the Site, or any portion of it. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of TKS. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TKS. Any unauthorized use terminates the permission or license granted by TKS.

Copyright

The entire contents of the Site are protected by United States and international copyright laws. TimeKeeping Systems is the sole owner of the contents of the Site. You may not modify, copy, reproduce or distribute the material on the Site, including text, photographs, graphics, code, or data.

Trademarks

TimeKeeping Systems, The Guard Tour Experts, The PIPE, Stubby PIPE, IP Downloader, Guard1, Guard1 Plus, Rounds Tracker, EasyTour, and EZBarcode are trademarks, registered trademarks or trade dress of TKS in the U.S. and/or other countries. TKS's trademarks and trade dress may not be used in connection with any product or service that is not TKS's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TKS. All other trademarks not owned by TKS that appear on this site are the property of their respective owners.

Software License

The software ("Software") on this web site is copyrighted and any use of the Software may violate copyright and other laws. You are authorized to use the Software, subject to the specific license terms accompanying or included with individual Software for use on your own equipment solely for your business or purposes, solely with your business data. You may not engage in any other activity related to the use of the Software such as, but not limited to, modification of the Software, decompilation, disassembly or reverse engineering of the Software, or transfer to another person or entity. You may not remove any copyright notices from the Software or any copy of the Software. This is a license and does not transfer any ownership right to the Software.

THE SOFTWARE IS PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL TKS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, RESULTING FROM THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF TKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; THEREFORE THIS LIMITATION MAY NOT APPLY TO YOU.

Confidentiality

TKS may permit you access to certain confidential information including product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with TKS.

Your Login

If you use this site, you are responsible for maintaining the confidentiality of your username and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password, including any breach of confidentiality.

Disclaimer of Warranty and Limitation of Liability

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY TKS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TKS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TKS DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; TKS'S SERVERS; OR E-MAIL SENT FROM TKS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TKS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Applicable Law

By visiting the Site, you agree that the laws of the state of Ohio, without regard to principles of conflict of laws, will govern the Terms and any dispute of any sort that might arise between you and TKS.

Jurisdiction

Any dispute relating in any way to your visit to the Site or to products or services sold by TKS in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $1000 shall be adjudicated in any court of competent jurisdiction located in Cuyahoga County, Ohio, and you consent to exclusive jurisdiction and venue in such courts.

Modification

TKS reserves the right to make changes without notice to the Site, its contents, product offerings and prices, these Terms, and any other policies.

Severability

If any part of the Terms shall be deemed invalid, void, or for any reason unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of any remaining part.

TimeKeeping Systems, Inc.

Terms and Conditions of Sale

General

TimeKeeping Systems, Inc. (“TKS”) and Customer agree that the terms and conditions in this Agreement shall govern exclusively the sale or licensing by TKS of all hardware, firmware, software and services (collectively referred to as “Goods”) within the United States. No addition or modification to any of the terms and conditions as they appear in this Agreement shall be binding upon TKS unless in writing and signed by an authorized representative of TKS. TKS objects to and rejects other terms and conditions that may be proposed by Customer or that appear on or are referenced in Customer's purchase order or requisition that are in addition to or otherwise not consistent with the terms and conditions in this Agreement.

Terms

Terms are net thirty (30) days from date of invoice, subject to credit approval. Customer agrees to pay interest on all past due amounts at a rate of Ten Percent (10%) per annum. Customer to pay all costs of collection, including attorney fees. No payment by offset is permitted. TKS reserves the right to withhold technical support and repair services if Customer fails to pay the full balance within thirty (30) days from the date of invoice.

Shipment

Shipment will be F.O.B. TKS’s factory, warehouse or other point of shipment by TKS. Customer to pay all shipping, insurance, C.O.D. and related charges. (FOB Origin, freight prepaid and charged back).

Title and Responsibility

Title to hardware shall remain with TKS as security only and until paid in full. Title for software or firmware remains with TKS and is licensed for use by Customer pursuant to TKS’s license agreement. Risk of loss or damage shall pass to Customer upon shipment from F.O.B. point.

Quotations

All written quotations and pro forma invoices automatically expire unless accepted within thirty (30) days from the date quoted. Verbal quotations may be provided for information purposes only and are not binding. In order for catalog orders to be binding, quotations must specifically identify Goods and list the actual quantities involved. All stenographic and clerical errors are subject to correction.

Published Prices, Weights & Dimensions

Prices shown in any TKS publication are subject to change without notice and are not to be construed as a definite quotation or offer to sell by TKS. Published or advertised weights and dimensions are estimates or approximations only and are not warranted.

Taxes

Prices do not include sales, use, excise, customs, value-added or similar taxes, and Customer shall pay or reimburse TKS for such taxes as they apply.

Scope Change

All changes affecting Goods, delivery date or otherwise affecting the scope of the order are to be documented in writing and subject to prior approval at TKS Headquarters. All changes approved by TKS may result in price, delivery, specification, and/or other changes.

Services

Services (including installation, repair, start-up, application engineering assistance and technical training) are not included in the price unless specifically agreed to in writing by TKS.

Licensed Software and Firmware

Software or firmware which is subject to any TKS license agreement is also subject to Terms and Conditions herein unless inconsistent with the TKS license agreement, in which case the license agreement shall govern. In the absence of a separate TKS license agreement, Customer is granted a non-exclusive, non-transferable license to use TKS software or firmware only in object code form and solely in conjunction with specific hardware designated by TKS, with no rights to sublicense, disclose, disassemble, decompile, reverse engineer, or otherwise modify the software or firmware. By using the product, Customer agrees to the terms and conditions of the TKS license agreement.

Warranty

HARDWARE. TKS warrants that new hardware Goods will be free from defects in material and workmanship for a specific number of months from the date of shipment from TKS’s factory in Solon, Ohio, as follows:

  • The PIPE (Version I, identified by serial numbers 0xxxxx to 9xxxxx): 36 months. Batteries are warranted to maintain an adequate operating voltage level for 12 months.
  • PIPE II (Version II, identified by serial numbers beginning with "A"): 60 months. Batteries are warranted to maintain an adequate operating voltage level for 60 months.
  • Stubby PIPE (identified by serial numbers beginning with "B"): 24 months. Batteries are warranted to maintain an adequate operating voltage level for 24 months.
  • All other hardware Goods: 12 months.

 

This warranty is limited to defects arising under normal usage and does not cover malfunctions or failures resulting from or caused by misuse, abuse, neglect, improper installation, improper operation, improper maintenance, repairs by other than TKS’s authorized service facility, alteration or modification, accident, or unusual deterioration or degradation of the Goods or parts thereof due to physical environment or due to electrical or electromagnetic noise environment. Satisfaction of this warranty, consistent with other provisions herein, will be limited to the replacement, or repair or modification of, or issuance of a credit for the Goods involved, at TKS’s option, only after the return of such Goods with TKS’s consent in accordance with RETURN OF GOODS. Any warranty service (consisting of time, travel, and expenses related to such services) performed other than at TKS’s factory, shall be at Customer’s expense.

LICENSED SOFTWARE AND FIRMWARE. Title to software and/or firmware Goods remains with TKS and is licensed to you for use with specific hardware designated by TKS. The software and/or firmware is warranted to conform to the written specifications prepared, approved, and issued by TKS for a period of twelve (12) months from the date of shipment from TKS’s factory in Solon, Ohio. In the event of a warranty claim, TKS will provide corrective measures which are limited, at TKS’s option, to repair, replacement or modification of the software and/or firmware code, or recommendation of a viable, alternative application that will enable you to work around the failure. TKS makes no representation or warranty, express or implied, that the operation of the software or firmware will be uninterrupted or error free, or that the functions contained therein will meet or satisfy Customer’s intended use or requirements.

Warranty satisfaction is available only if (a) TKS is promptly notified in writing upon discovery of an alleged defect and (b) TKS’s examination of the subject Goods discloses, to its satisfaction, that any alleged defect has not been caused by misuse, abuse, neglect, improper installation, improper operation, improper maintenance, repairs by other than TKS’s authorized service facility, alteration or modification, accident, or unusual deterioration or degradation of the Goods or parts thereof due to physical environment or due to electrical or electromagnetic noise environment. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES WHETHER EXPRESSED, IMPLIED OR STATUTORY INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE and thereby excludes certifications or the like for product performance, use or design with respect to any standard, regulation or the like (unless and to the extent independently approved in writing at TKS Headquarters) AND EXTENDS ONLY TO CUSTOMER PURCHASING FROM TKS OR AUTHORIZED TKS RESELLER.

Limit of Liability

IN NO EVENT, REGARDLESS OF CAUSE, SHALL TKS ASSUME RESPONSIBILITY OR LIABILITY FOR (a) BUSINESS INTERRUPTION, LOSS OF PROFIT OR THE LIKE, (b) PENALTIES OR PENALTY CLAUSES OF ANY DESCRIPTION, (c) INDEMNIFICATION OF CUSTOMER OR OTHERS FOR COSTS, DAMAGES, OR EXPENSES EACH ARISING OUT OF OR RELATED TO THE GOODS OR SERVICES OF THIS ORDER, OR (d) FOR CERTIFICATION, UNLESS OTHERWISE SPECIFICALLY PROVIDED HEREIN, OR (e) INDIRECT OR CONSEQUENTIAL DAMAGES UNDER ANY CIRCUMSTANCE, INCLUDING ANY LOSS, INJURY, OR OTHER DAMAGES. TKS’S MAXIMUM LIABILITY, INCLUDING DIRECT DAMAGES, SHALL NOT EXCEED THE AMOUNT OF THE PURCHASE ORDER. THIS LIMITATION OF TKS’S LIABILITY WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE. ANY ACTION AGAINST TKS MUST BE BROUGHT WITHIN SIX MONTHS AFTER THE CAUSE OF ACTION ACCRUES.

EACH PROVISION HEREOF WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTY OR CONDITION OR EXCLUSION OF DAMAGES IS SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION AND IS TO BE ENFORCED AS SUCH.

Export Control

Any Goods or technical data supplied by TKS under these Terms and Conditions are subject to the United States Export Administration Act and Regulations, which includes the licensing of certain products. It is the responsibility of the exporter to comply with the Act and Regulations.

Return of Goods

Prior to returning Goods for repair or exchange, the Customer must first obtain a Return Merchandise Authorization (“RMA”) number. The RMA number must appear on the shipping carton. A Return Merchandise Authorization will be valid for thirty (30) days only. The customer shall pay all shipping and insurance charges to TKS.

When Goods are received without an RMA number, or if the RMA has expired, TKS may, at its option, return the Goods to the customer, freight collect, or process the return for a handling charge of twenty-five dollars ($25) or ten percent (10%) of the product cost, whichever is greater.

Returns for credit are subject to a twenty percent (20%) re-stocking fee plus any charges incurred in refurbishing the Goods. Under no circumstances may Goods be returned after thirty (30) days.

Cancellation and Termination

Any order placed under this Agreement may be cancelled or terminated, and scheduled shipments may be deferred by the Customer only (a) upon TKS’s prior written agreement and (b) upon payment to TKS of reasonable and proper cancellation charges, including but not limited to all labor, facility, and equipment costs identified in the order or contract and which have been incurred prior to the date of notice of cancellation or termination. All additional costs resulting from the cancellation or termination, and a restocking charge of twenty percent (20%) of the final net price, will be included in the cancellation or termination charges to compensate for disruptions in scheduling, planned production, and other direct costs. Customer shall make payment within thirty (30) days from date of invoice.

TKS shall have the right to cancel any order placed under this Agreement or terminate this Agreement at any time by written notice for any breach of the order or this Agreement, including but not limited to non-payment by the Customer, and TKS shall be entitled to collect cancellation and termination charges as identified above.

No termination by Customer for default shall be effective unless and until TKS shall have failed to correct such alleged default within forty-five (45) days after receipt by TKS of the written notice specifying such default.

Force Majeure

TKS shall not be liable for any loss, damage or delay in delivery due to acts of God or causes beyond its reasonable control including acts of the Customer, acts of civil or military authority, fires, strikes, floods, epidemics, quarantine restrictions, war, riots, delays in transportation, transportation embargoes, or inability due to causes beyond its reasonable control to obtain necessary engineering talent, labor, materials or manufacturing facilities. In the event of such delay, the delivery date shall be extended for that length of time as may be reasonably necessary to compensate for the delay.

Government Clauses and Contracts

No Government contract regulations or clauses shall apply to the Goods or bind TKS unless specifically agreed in writing at TKS Headquarters.

Assignment

This Agreement may not be assigned by either party without the written consent of the other party.

Governing Law and Forum

This Agreement shall be made in and performed in the State of Ohio and shall be governed by and interpreted in accordance with the laws of the State of Ohio including its provisions of the Uniform Commercial Code, but specifically excluding the provisions of the 1980 UN Convention on Contracts for the International Sales of Goods. Customer agrees that all actions or proceedings arising directly or indirectly from this Agreement shall be litigated exclusively in courts having both jurisdiction and venue within the State of Ohio and Cuyahoga County. Customer hereby consents to the jurisdiction of any local, state or federal court located within the State of Ohio and Cuyahoga County and waives the personal service of any and all process upon Customer herein and consents that all such service or process may be made by certified mail to the Customer. Should any term or provision of this Agreement be held wholly or partly invalid or unenforceable under applicable law, the remainder of the Agreement evidenced hereby will not be affected thereby.

Revised November 2011. Supersedes all prior versions.