Welcome to www.guardoc.health (the “Site”). The Site is owned and operated by Complihealth Corp. (“Guardoc”, “We”, “Our” or “Us”). Please read these Terms of Use (the “Terms”) carefully before visiting and using the Site. By accessing or using the Site or any of the content on the Site you agree to be legally bound by these Terms. If you do not accept these Terms, do not use the Site. These Terms constitute the entire and only agreement between you and Guardoc. We reserve the right to change these Terms at any time, effective immediately upon posting on the Site. Please check this page of the Site from time to time. If you violate these Terms, We may terminate your use of the Site and will be entitled to take appropriate legal action against you.

Permitted Uses.

By using this Site, you are granted a non-exclusive, non-transferable, revocable license to access and use the Site solely in accordance with this Terms, for internal, personal, non-commercial purposes. You will use the Site only for lawful purposes. Unauthorized or unlawful use of the Site may give rise to a legal claim for damages against you and/or be a criminal offense. If at any time you become aware of any violation, by any person or entity, of any part of these Terms, you are requested to immediately notify us by contacting us and provide us with assistance, as requested, to stop or remedy such violation.

Prohibited Uses.
In using the Site, you must not do any of the following:

 

• Post, transmit or otherwise make available through the Site any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libellous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) a virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).

• Post, transmit, or otherwise make available through the Site any material protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the owners.

• Use the Site for any commercial purpose or otherwise use the Site for processing data or other information on behalf of any third party.

• Use the Site for any purpose that is fraudulent or otherwise tortious or unlawful.

• Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of any of the Site; or violate any requirement, procedure or policy of such servers or networks.

• Restrict or inhibit any other person from using the Site.

• Create or share content without first obtaining any necessary permissions from third parties or otherwise use the Site to post or transmit any information that you do not have the right to provide; that would violate any applicable law or regulation; or that would violate, infringe or misappropriate any third party right or interest.

• Use any content and materials of the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Guardoc or any third parties.

• Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized.

• Reverse engineer, decompile or disassemble any portion of any of the Site, except where such restriction is expressly prohibited by applicable law.

• Remove or alter any copyright, trademark or other proprietary rights notice on the Site or content you access via the Site.

• Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, without Guardoc’s express prior written consent.

• Retrieve, index, “scrape,” “data mine” or otherwise gather content from the Site.

• Export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.

• Reproduce or circumvent the navigational structure or presentation of the Site, or harvest or collect information about users of the Site without our express prior written consent.

• If you do not comply with these Terms (or if we have reasonable grounds to suspect or are investigating suspected non-compliance), we may suspend your access to the Site or take any other steps we consider appropriate.

Intellectual property.

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by these Terms, is strictly prohibited. You are not given nor acquire any ownership rights to any materials of the Site, including article, document or other materials posted on or viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the Site may be the copyrighted work of third parties.

Nothing in your use of the Site or these Terms grants you any right, title or interest in or to Our content except the limited right to use the Site as set out in these Terms.

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Availability and Disclaimer of Warranties.

The Site is made available on an “as is” basis with no representation or warranty with respect to its functionality or availability and with no guarantee that it is complete, accurate, or timely nor any guarantee regarding any results you or others may obtain from its use. Access to all or parts of any of the Site may be suspended at any time without notice.

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The Site and content appearing in it are for informational purposes only. Neither the Site nor the content available within it constitutes professional advice, and neither should be relied upon by you or any third party, including to operate or promote your business, secure financing or capital in any form, obtain any regulatory or governmental approvals, or otherwise be used in connection with procuring services or other benefits from any entity.

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Links to Third Party Content.

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The Site may contain links to external websites and other materials made available by third parties that are not owned by Us ("Third-Party Content"). If you use such links, you are directing us to access, route and transmit to you the applicable Third-Party Content. Guardoc is not responsible for and assumes no liability for any third-party content or links. We neither control nor endorse, nor are responsible for, any Third-Party Content and we make no representations or warranties with respect to them. Your use of any Third-Party Content is at your own risk and is subject to any terms, conditions and policies applicable to them (such as terms of service or privacy policies of the providers of the Third-Party Content).

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Reporting unlawful usage.

Guardoc reserves the right to investigate complaints or reported violations of there Terms and to take any action We deem appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your information such as your e-mail address, usage history, IP addresses and traffic information.

Privacy.

Your use of the Site is subject to our Privacy Policy which forms an integral part of there Terms. Please also review our Privacy Policy here: https://www.guardoc.health/privacy-policy , which governs the collection and processing of your personal information when using the Site.

Termination.

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We may, in our sole discretion, suspend, restrict or terminate your use of the Site, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Site or our or any third party's equipment or network is impaired by your use of the Site; we have received a third party complaint which relates to your use or misuse of the Site; or you have been or are in breach of any term or condition of these Terms.

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Indemnification.

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold Guardoc, Guardoc’s partners, associates, agents, attorneys, employees, subcontractors, successors, assigns, and affiliates (collectively, “Affiliated Parties”) harmless from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) and expenses in connection with any claim arising out of or in connection with your violation of these Terms, content or information posted or transmitted by you using the Site or otherwise arising out of your use of the Site.

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Disclaimer.

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. GUARDOC AND GUARDOC’S AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER, EXCEPT AS PROVIDED IN SECTION OF LIMITATION OF LIABILITY. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, GUARDOC AND GUARDOC’S AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GUARDOC AND YOU. THIS SITE AND THE INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GUARDOC THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS.

Limitation of Liability.

Guardoc will not be liable to you (whether under the law of contract, the law of torts, or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Site for any direct, indirect, special, or consequential loss or damage. These limitations of liability apply even if Guardoc has been expressly advised of the potential loss.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GUARDOC DISCLAIMS ALL LIABILITY AND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR REVENUES, GOODWILL, WORK STOPPAGE, SECURITY BREACHES, VIRUSES, COMPUTER FAILURE OR MALFUNCTION, USE, DATA OR OTHER INTANGIBLE LOSSES OR COMMERCIAL DAMAGES, EVEN IF ANY OF SUCH PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH LOSSES, ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, THE USE OF OR INABILITY TO USE THE SAME, OR ANY OTHER SUBJECT MATTER HEREOF.
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GUARDOC SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON FOR ANY ERRORS OR OMISSIONS IN THE WEBSITES; ANY INFORMATION MADE AVAILABLE THROUGH THEM; ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE WEBSITES OR THE INFORMATION MADE AVAILABLE THROUGH THEM; OR FOR ANY LOSS OR DAMAGES - INCLUDING CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES - THAT ARISE OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY INFORMATION OR MATERIALS OBTAINED BY YOU VIA OR IN CONNECTION WITH THE SITE.

Governing Law.

These Terms will be governed by and construed, interpreted and enforced in accordance with the domestic laws of the State of New York, without giving effect to any provisions that would require the laws of another jurisdiction to apply and regardless of your location.

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No action arising out of these Terms or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). The failure of Guardoc to exercise or enforce any right or provision of these Terms will not constitute as a waiver of such right or provision. To the extent that anything in or associated with the Site is in conflict or inconsistent with these terms, these terms shall take precedence.

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Disputes.

All disputes arising out of or related to these Terms or the subject matter of these Terms or any aspect of the relationship between you and Guardoc under these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral panel of three arbitrators instead of in a court by a judge or jury and you agree that Guardoc and you are each waiving the right to trial by a jury.

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Notwithstanding the foregoing, nothing in these Terms will preclude either party from seeking equitable relief in a court having jurisdiction. The arbitration will be conducted in accordance with the Rules for Non-Administered Arbitration of the International Institute for Conflict Prevention and Resolution then in effect (“CPR Rules”). The arbitration will be conducted before a panel of three arbitrators selected using the screened process provided for in the CPR Rules. The arbitration panel will have no power to award non-monetary or equitable relief of any sort, or to award damages inconsistent with these Terms. Judgment on any arbitration award may be entered in any court having jurisdiction. All aspects of the arbitration will be treated as confidential. You acknowledge and agree that any demand for arbitration must be issued within one (1) year from the date that you became aware or should reasonably have become aware of the facts that give rise to Guardoc’s alleged liability and in any event no later than two (2) years after the cause of action accrued.

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Changes.
Guardoc reserves the right to modify these Terms of use at any time. Any changes will be effective immediately upon posting to the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new terms.

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Contact us.

If you have any questions about these terms of use, please contact us at support@guardoc.health.