Legal

TERMS OF USE AND PRIVACY POLICY

Welcome to guavatechnologies.com - your use of this Website is contingent upon your acceptance of and compliance with these Terms of Use, including the Privacy Policy set forth below. These Terms of Use constitute a valid and binding agreement between Guava Technologies and you. If you have any questions about our Terms of Use, please call Guava Technologies, Inc. at (510) 576-1400 or send an email to webmaster@guavatechnologies.com. IF YOU DO NOT ACCEPT THESE TERMS OF USE, GUAVA TECHNOLOGIES WILL NOT GRANT YOU ANY LICENSE RIGHTS HEREUNDER AND YOU SHOULD EXIT THIS WEBSITE.

1. User's Sole Responsibility for Connectivity

You are and will remain wholly responsible for providing all communications lines, telephone and/or transmission services and all equipment and technology necessary for you to access and use the Website and any of the features and services thereon.

2. Guava Technologies' Intellectual Property

The Website, its content, look-and-feel and functionality and all intellectual property rights embodied therein, including but not limited to patent rights, copyrights, trademarks, trade names and service marks, are owned or licensed by Guava Technologies, Inc. and/or its licensors (collectively, the "Guava Technologies Intellectual Property"). These Terms of Use do not and shall not be construed as transferring ownership rights of any description in the Website or any related Guava Technologies Intellectual Property to you or to any Website user, visitor or other third party. You will not reproduce, republish, sublicense, distribute, transfer, reverse engineer, decompile, disassemble, modify or create derivative works from any of the Guava Technologies Intellectual Property nor will you sell, resell or exploit for any commercial purpose the Website, any portion thereof or any use thereof or access thereto. Guava Technologies hereby grants you a personal, revocable, nontransferable, nonexclusive, limited right to view and use the Website solely for your internal business purposes. You may also download content from the Website for internal business purposes and for non-commercial use only; provided that such content is not modified in any way, you keep intact all copyright and other proprietary notices thereon and you include the phrase, "Used with permission of Guava Technologies, Inc." when you display or otherwise use this content in accordance with the terms hereof.

If and when Guava Technologies makes software available for download via the Website, Guava Technologies hereby grants you a personal, revocable, nontransferable, nonexclusive and limited license to use such software in strict compliance with the license terms accompanying such download. You will have no right to, and you may not allow any third party to, copy, modify , create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in and to any software made available over the Website.

All of the trademarks, service marks and logos appearing on this Website are registered and unregistered trademarks of Guava Technologies and other third parties. Nothing contained on the Website or in these Terms of Use should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of these marks or logos.

All rights not expressly granted to you hereunder are expressly reserved and retained by Guava Technologies.

3. No Warranties; Indemnification; Limitation of Liability

With the features and services as determined by Guava Technologies in its sole and absolute discretion, the Website serves as a source of information about Guava Technologies and its products and a medium through which to contact Guava Technologies; at a future date, the Website may serve as a venue for the purchase of Guava Technologies' products. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between Guava Technologies and you or any other person or entity nor do these Terms of Use extend rights to any third party. In addition, Guava Technologies does not and cannot control the actions of other users, visitors and/or linked third parties on the Website.

YOU AGREE THAT YOUR USE OF THE WEBSITE AND/OR ANY AND ALL SERVICES OR FEATURES ON THE WEBSITE IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE AND ALL SERVICES AND FEATURES ARE PROVIDED "AS IS, WHERE IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. GUAVA TECHNOLOGIES SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE; ANY WARRANTIES CONCERNING TITLE, NON-INFRINGEMENT, AVAILABILITY OF THE WEBSITE, LACK OF VIRUSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; AND ANY WARRANTIES CONCERNING THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF ANY INFORMATION ON THE WEBSITE. IN ADDITION, GUAVA TECHNOLOGIES DISCLAIMS ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE WEBSITE, THE INFORMATION THEREON OR GUAVA TECHNOLOGIES' ACTS OR OMISSIONS IN CONNECTION THEREWITH.

You shall indemnify, defend and hold Guava Technologies harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) (collectively, "Damages") incurred or suffered by Guava Technologies as a result of your use of the Website, your breach of any provision of these Terms of Use and/or your acts or omissions. Guava Technologies reserves the right to report any malfeasance which comes to its attention to the appropriate authorities.

Further, you hereby release Guava Technologies and its employees, consultants, officers, directors, shareholders, agents, representatives, advisors, assigns and affiliates (collectively, the "Guava Technologies Parties") from any and all Damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Website and/or your use thereof, excluding only Damages to the extent directly arising out of Guava Technologies' gross negligence or misconduct. To the fullest possible extent permitted by law, you waive the provisions of any applicable state law limiting or prohibiting a general release. IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE CALIFORNIA CODE SECTION 1542, WHICH PROVIDES THAT: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY EFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Guava Technologies cannot and does not guarantee continuous uninterrupted or secure access to our Website or the services or features thereon. Operation of the Website may be subject to interference from numerous factors outside our control. Further, scheduled and preventative maintenance as well as required and emergency maintenance work may temporarily interrupt access to the Website or the services or features thereon.

GUAVA TECHNOLOGIES WILL HAVE NO LIABILITY WHATSOEVER FOR THE UNAVAILABILITY OR INOPERABILITY OF THE WEBSITE CAUSED BY ANY VENDOR'S OR SUPPLIER'S PERFORMANCE OR THE ACTS OR OMISSIONS OF ANY PARTY, INCLUDING GUAVA TECHNOLOGIES. GUAVA TECHNOLOGIES WILL NOT BE LIABLE IN ANY WAY WHATSOEVER FOR ANY LOSS OF DATA OR TRANSACTIONS INCURRED OR SUFFERED BY ANY PARTY, WHETHER RESULTING FROM DELAYS, NON-DELIVERIES, MIS-DELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY GUAVA TECHNOLOGIES, ANY THIRD PARTY, INCLUDING ANY INTERNET SERVICE PROVIDER OR HOST, OR THE INTERNET INFRASTRUCTURE AND NETWORK EXTERNAL TO THE WEBSITE.

IN NO EVENT SHALL GUAVA TECHNOLOGIES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING ANY LOSS OF PROFITS, REVENUE OR INFORMATION, INCURRED OR SUFFERED BY YOU, ANY USER OF OR VISITOR TO THE WEBSITE OR ANY OTHER PARTY IN CONNECTION WITH THE WEBSITE OR THESE TERMS OF USE, REGARDLESS OF WHETHER GUAVA TECHNOLOGIES KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL GUAVA TECHNOLOGIES' TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY DIRECT DAMAGES ARISING UNDER THESE TERMS OF USE OR OTHERWISE EXCEED $100.00. THESE LIMITATIONS OF LIABILITY INURE TO THE BENEFIT OF ALL THE GUAVA TECHNOLOGIES PARTIES.

THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY GUAVA TECHNOLOGIES, INC. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

4. Changes to the Terms of Use

Guava Technologies may modify the Website, the services or features offered thereon and these Terms of Use, including the Privacy Policy, at any time and from time to time by implementing the modifications and/or posting the amended Terms of Use on the Website, as applicable. All modifications will be effective upon implementation and/or posting, as applicable. You are bound by the version of these Terms of Use in effect on the date of any particular visit to the Website. Guava Technologies will use reasonable efforts to post notices of any updates to these Terms of Use on the Website.

5. Information Posted on the Website

As and when offered or otherwise permitted on the Website, you are and will be solely responsible for any and all information or other content which you post on the Website, including all postings or listings in any public message area or via email and including all Submissions (as defined in Section 12 below). You hereby grant Guava Technologies a nonexclusive, worldwide, perpetual, royalty-free, irrevocable, transferable and sublicenseable right to exercise all rights other than outright ownership with respect to any such information, including any and all Submissions. You represent and warrant at all times that your information and other content, if any, (i) are true and accurate, and (ii) do not infringe any third party's rights, including but not limited to intellectual property, publicity or privacy rights, and (iii) are not defamatory, libelous, threatening, harassing or obscene, indecent or pornographic. Further, you covenant that you will not use the Website or any of the features or services thereon for any purpose that is unlawful, unsafe or prohibited by these Terms of Use.

Guava Technologies does not endorse any information or content posted or contained on the Website and hereby disclaims any and all liability for any such information. Guava Technologies does not and cannot control, monitor or screen the information made available through its Website which, by its very nature, may be offensive, harmful, inaccurate or mislabeled or deceptively labeled. However, Guava Technologies may take any action with respect to information posted on the Website which it deems appropriate in its sole discretion, including the deletion of such information or the termination of a party's registration or access to the Website. The Website may, from time to time at Guava Technologies' sole option and discretion, contain certain forward-looking statements (as defined under federal securities laws) regarding Guava Technologies' performance, including future revenues, products and income or events or developments that Guava Technologies expects to occur or anticipates occurring in the future. Any such statements, if and when made, will be based upon the then-current expectations of Guava Technologies. Actual results may vary materially from any anticipated results described, implied or projected in any forward-looking statement due to numerous business risks and uncertainties, including but expressly not limited to competitive factors; pricing and market share pressures; uncertainties of litigation; Guava Technologies' ability to meet its sales and earnings forecasts; changes in regional, national or foreign economic conditions; cost increases; availability of raw materials and changes in governmental regulation. Guava will have no obligation to revise or update any such forward-looking statements at any time except as and when required by applicable law.

6. Links

The Website contains links to third-party sites and you expressly acknowledge and agree that Guava Technologies has no control over any such sites. Links to other sites, if any, are provided solely as a convenience; Guava Technologies neither endorses nor bears any responsibility for or control over any linked site or any other link contained therein. All statements by Guava Technologies herein pertaining to the Website do not apply in any way to any links or any linked third-party sites. Once you leave this Website, our Terms of Use, including the Privacy Policy, are no longer in effect; we encourage you to read the terms of use of each and every website which you visit. Without Guava Technologies' express prior written consent, you may not implement a hypertext link to the Website from another site.

7. Website Integrity

You may not use any device, software or routine, including any viruses, Trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the proper working of the Website or to surreptitiously intercept or expropriate any system, data or personal information therefrom. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including "spam" or other such unsolicited mass emailings.

8. Third Party Content

At Guava Technologies' sole option, at any time and from time to time, the Website may contain third party content, software and/or other information and any and all such third party materials are subject to and governed solely by that party's respective Terms of Use. Guava Technologies will make reasonable efforts to post each such third party's then-current Terms of Use but bears no responsibility or liability for any such content or information or the acts or omissions of such third party.

9. Compliance with Laws

You must comply with all applicable laws and regulations governing your access to and your use of the Website and any features, services or software thereon, including the posting and retrieval of information and including laws governing the encryption of software, the export of technology, the transmission of obscenity or the permissible uses of intellectual property. You represent that you have the legal right to enter into this agreement with Guava Technologies.

Guava Technologies will have the right (but not the obligation) in its sole discretion to refuse or delete any content, software or other information on the Website which it considers, in its sole discretion, to violate the Terms of Use and/or to be otherwise illegal, unsafe or inappropriate. Guava Technologies, in its sole and absolute discretion, may preserve any such content, software or other information and may also disclose any such content, software or information if required to do so by law or judicial or governmental mandate or as reasonably determined necessary by Guava Technologies to protect the rights, property or personal safety of Guava Technologies, the Guava Technologies Parties (as defined in Section 3 above), its Website users and the public.

10. Termination

If you breach any terms of these Terms of Use, or if we are unable to verify or authenticate any information you provide, Guava Technologies may terminate your use of the Website immediately without liability. Further, in its sole discretion, Guava Technologies reserves the right to terminate immediately any or all of your rights of use of or access to the Website without any liability to you or any other party involved.

You may terminate your password at any time by contacting us at webmaster@guavatechnologies.com; provided that such termination will not relieve you of any obligations or liabilities incurred by you prior to such termination.

11. Passwords

You acknowledge and agree that you are solely liable for all actions taken under your password, whether or not made with your knowledge or authority. It is your responsibility to maintain the confidentiality and security of your password, which you should not share, disclose or distribute to any third party. You must promptly notify Guava Technologies if you need to change or discontinue your password and/or if you have any reason to believe that the security or confidentiality thereof has been compromised. You acknowledge that any disclosure or loss of control of your password may result in a breach of privacy and security and may even result in unauthorized transactions which are binding upon you.

12. Feedback

Any comments or information that you provide to Guava Technologies, including any feedback or ideas submitted by you in response to a survey on or concerning the Website or any other suggestions, concepts or other information provided by you (collectively, the "Submissions") may be freely used by Guava Technologies and you hereby grant Guava Technologies a royalty-free, perpetual, irrevocable, worldwide, sublicenseable, transferable license to use, copy, reproduce, create derivative works from, adapt, modify, exploit, publish, edit, translate, sell, distribute, transmit, transfer and display the Submissions without limitation in any media or form now known or later developed. Guava Technologies may sublicense its rights hereunder to third parties.

13. Governing Law and Jurisdiction

The Terms of Use and any and all transactions and other activities on the Website will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of laws rules. The United Nations Convention on the International Sale of Goods will not govern the Website or activities or transactions thereon in any way. You hereby submit to the jurisdiction of the state and federal courts located in Alameda County, California or the Northern District of California which shall be the exclusive venue for any and all disputes or claims arising hereunder. Use of the Website is not authorized in any jurisdiction which does not give effect to these Terms of Use.

14. General

At all times, the then-current Terms of Use constitute the entire agreement between Guava Technologies and you with respect to your use of the Website, superseding any prior agreements, superseded postings of the Terms of Use and all other prior or contemporaneous communications, whether electronic, oral or written, between Guava Technologies and you. You acknowledge and agree that you may also be subject to additional terms and conditions when you use third party content, services or software via our Website. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, Guava Technologies and you agree that the court will seek to give effect to the original intent of such provision and that all other provisions of the Terms of Use remain in full force and effect.

Except as otherwise required by law, you will provide any notices to Guava Technologies by email to webmaster@guavatechnologies.com. Guava Technologies will provide notices to you via the email address provided during your registration or by certified mail, postage prepaid and return receipt requested, to the street address provided during registration. Notices will be deemed received 24 hours after an email is sent (unless the sending party is notified that the email address is invalid) or five days after the date of mailing.

Please note that, if you are an existing customer or supplier of Guava Technologies or have otherwise entered into a written agreement with Guava Technologies, these terms are not intended to replace or modify those contained in your agreement. In case of any inconsistency between your agreement with Guava Technologies and any information or other content posted on this Website, the terms and conditions of your written agreement will prevail and control.

Please report any violations of these Terms of Use, any alleged copyright infringements relating to the Website or any other matters to webmaster@guavatechnologies.com.

PRIVACY POLICY

Guava Technologies uses reasonable efforts to protect the privacy of its Website visitors, users and registrants (for purposes of the Privacy Policy, "users") and their respective information pursuant to the terms of this Privacy Policy which applies solely to information collected by this Website. If you feel that we are not abiding by our posted privacy policy, please contact webmaster@guavatechnologies.com.

1. Information Collection

Guava Technologies collects information from our users on registration. Guava Technologies is the sole owner of the information collected on our Website and we do not sell, share or rent this information to others except as disclosed herein. Guava may store information itself or arrange for storage in databases maintained by Guava's affiliates, agents or service providers. Guava retains its rights to these databases and the information contained therein.

2. Registration

To download material from Guava Technologies' Website, each user must first complete a registration form and provide contact information, including, at a minimum, a name and email address. Guava Technologies may use this information to contact a registered user about the materials or areas on our Website in which he/she has expressed interest. A user does not need to register to visit the Website.

At such time as Guava Technologies implements e-commerce features and functionalities on the Website, users accessing and using those features may be required to supply credit card information solely for the purpose of collecting fees or other charges when due.

3. Cookies

A "cookie" is a piece of data stored on a user's hard drive which contains information about that user to facilitate his/her use of our Website; Guava Technologies may implement a cookie to enable each user to avoid logging in his/her password more than once. This cookie will not collect a user's personal data and will not be linked to any personally identifiable information of that user or any other user; once that user closes his/her browser, the cookie ceases to function. On most Web browsers, the "help" section may provide information on how to disable or delete a cookie. If a user rejects any Guava cookie, he/she may continue to fully use our Website.

4. Tracking, Using and Sharing Information

Guava Technologies may track certain user information such as a domain name, IP address, browser version and the URL from which the user came to our Website. We use this information solely to administer our Website, track users' respective logins and movements, including the domains from which people visit the Website, and analyze this data for trends and statistics on an aggregated basis only. This aggregated information is not linked in any way to user-identifiable information. Guava Technologies sends each new, registering user a welcoming email to verify his/her password and username. Thereafter, Guava Technologies uses data provided by its users for Guava's business purposes consistent with this Privacy Policy. If a user provides data for a specific reason, Guava Technologies will use such data for that purpose only, i.e., providing product information or considering a user for a job opening. We may combine a user's data hereunder with information properly obtained by Guava Technologies from other parties. We also use the information collected on the Website to improve the content and functionality of the Website, better understand our customers and markets, improve our products and services and effect and facilitate sales. Guava may also use this information to contact its users via email to deliver email-based newsletters and/or to provide information on products, services and special deals. However, each user can opt out of receiving any of these communications pursuant to Guava Technologies' "unsubscribe" procedure. Guava Technologies retains a user's personal data as reasonably necessary for the purposes for which it was collected or to comply with any applicable legal reporting or document retention requirements. We will take reasonable steps to update, correct or, upon a user's request, delete that user's personal information in our possession via the Website.

In addition, Guava Technologies and its authorized service providers may use any information collected at the Website (including personally identifiable information) to operate the Website; when applicable, complete transactions conducted at the Website, create and maintain records in connection with those transactions and enforce or investigate contracts and legal claims arising in connection with those transactions; or for marketing and promotional purposes.

Finally, Guava Technologies may send its users Website and service announcement updates via email or telephone. Registrants cannot unsubscribe from such announcements, which contain important information about the Website and its services. We will share aggregated information solely with our service providers which have agreed to be bound by this Privacy Policy. Guava Technologies will also disclose data to the extent required by law and reserves the right to transfer users' data to a third party in the course of a sale or reorganization of Guava Technologies' business or assets. At such time as Guava Technologies implements e-commerce features and functionalities on the Website, Guava will use a credit card processing company to bill members for fees and services. This company will not retain, reproduce, share, distribute, transfer or use any user's personally-identifiable information for any other purpose.

If, at any point, we decide to use any of our users' personally-identifiable information in a manner other than that stated at the time of collection, we will use all commercially reasonable efforts to provide each user with the opportunity to opt out of Guava Technologies' modified use of his/her information at that time. Children under the age of eighteen should not provide any personal information on this Website. Under applicable law, which provides additional privacy protections for children who use the Internet, we will not retain any information provided by a user whom we know to be under 18.

If a user's personally-identifiable information changes or if a user desires to terminate his/her registration, he/she can correct, update or remove all data provided to us via the registration information page or by emailing webmaster@guavatechnologies.com.

5. Surveys

From time to time, our Website may request contact and/or demographic information (i.e., postal code, gender, birth date or age) from its users through surveys. Participation in any such survey is completely voluntary and the user is under no obligation to participate or to disclose any information. This information will be used to monitor and/or improve the use and functionality of our Website.

6. Security

Subject to the "Disclaimer" below, Guava Technologies takes all reasonably diligent precautions to protect each user's information, both online and off-line. As and when applicable, all financial or other sensitive information (i.e., credit card numbers) entered by a user into our registration form will be encrypted. Access to all information is restricted, as follows: only employees or contractors who need user information to perform a specific job (i.e., a customer service representative) will be granted limited access to the necessary personally-identifiable information. Each employee or contractor will use a password-protected screen-saver on his/her computer monitor and must re-enter his/her password to regain access to a user's information each and every time. We train all our personnel on our security and privacy policies and practices and update and remind our personnel regularly and any time that a new policy is added about those policies and practices and the importance we place on our users' privacy. Our Website servers on which personally-identifiable information reside are kept in a secure, locked environment.

However, no Internet or email transmission is ever fully secure or error-free and, as set forth in the Terms of Use, Guava Technologies makes no warranty and assumes no liability for any such transmission or any damages incurred in connection therewith. In particular, email sent to or from this Website may not be secure; each user must take special care in deciding what information to provide and each user will be solely responsible for any such transmissions and for any liability incurred as a result of any security breach.

If you have any questions about our Website security, please contact webmaster@guavatechnologies.com.

7. "Unsubscribe" Procedure

At any point where the Guava Technologies' Website requests information, a user will be able to opt out of having any such personally-identifiable information used for any purpose. For example, the registration form permits a user to elect not to receive email-based notices and solicitations.

Users who no longer wish to receive newsletters, promotional materials or other communications from Guava Technologies may opt out of receiving these communications by emailing us at webmaster@guavatechnologies.com or by replying "unsubscribe" in the subject line of any such email.

8. Disclaimer

Guava Technologies cannot and does not guarantee or warrant the security and privacy of information provided by users on or through the Website. Each user discloses personal information on or through our Website wholly at his/her own risk and each acknowledges that he/she is aware of the security and privacy risks involved, including but expressly not limited to limitations of the security, privacy and authentication measures in the Website, threats of external interference such as eavesdropping, breaking passwords and hacking, and contamination by viruses.

Each user, on behalf of himself/herself and his/her heirs, executors, administrators, legal representatives, assigns and other successors in interest, hereby releases and discharges Guava Technologies from any and all liability or responsibility for any damage suffered by that user arising out of or in connection with any disclosure of his/her personally-identifiable information other than as a result of Guava Technologies' willful misconduct.

9. Users outside the United States

Users in the European Union and other countries fully understand and unambiguously consent to the collection and processing of their personal information in the United States of America.