Last updated June 19, 2023
These Terms of Service are established within the context of a Customer Agreement between Gardiant and [Firm Legal Name] ([Firm Short Name]). They form a legally binding agreement between you as an individual ("you") and Gardiant LLC ("Company", "we", "us", or "our") concerning your access to and use of the https://app.gardiant.com website, along with any other media form, media channel, mobile website, or mobile application related, linked, or connected to it (collectively, the "Site"). Our company is registered in Washington, United States, and our registered office is at 700 Sleater Kinney Rd, Suite B #281, Lacey, WA 98503. By accessing the Site, you confirm that you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree with these Terms of Service, you are expressly prohibited from using the Site, and you must discontinue use immediately.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Those who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is designed to comply with the Health Insurance Portability and Accountability Act (HIPAA) but not other industry-specific regulations. If your interactions are subject to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
While the Site is tailored to meet HIPAA rules, [Firm Short Name]'s policies and procedures regarding how the Site is accessed and used will also contribute to your HIPAA compliance.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
The Site, Content, and Marks are the proprietary property of us or our licensors, protected by intellectual property laws. The Data is [Firm Short Name]'s property. As an employee, contractor, or affiliate of [Firm Short Name], you're granted a limited license to access and use the Site and Content. Unauthorized use, copying, or distribution of the Site, Content, Marks, or Data is prohibited without respective express written permissions. All rights not expressly granted are reserved by us and [Firm Short Name].
By using the Site, you confirm that: (1) your registration information is accurate and up-to-date; (2) you have legal capacity and agree to these Terms; (3) you're not a minor in your jurisdiction; (4) you won't use automated or non-human means to access the Site; (5) you won't use the Site for illegal or unauthorized purposes; and (6) your use won't violate any laws or regulations. If your usage breaches these Terms or [Firm Short Name]'s Customer Agreement, we may take corrective action, including notifying [Firm Short Name] or suspending your account.
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password.
All fees incurred from your usage of the Site are presumed to be authorized by [Firm Short Name], and are billed to [Firm Short Name].
[Firm Short Name] can cancel your account at any time by contacting us using the following information: email us at support@gardiant.com or call us at 360.350.0213.
You may only use the Site for purposes authorized by [Firm Short Name]'s Customer Agreement. As a user, you agree not to:
Use License
Accessing the Site via a mobile app grants you a revocable, non-exclusive, non-transferable, limited right to install and use the app on your devices, strictly adhering to these Terms. You shall not: (1) tamper with the app's code; (2) modify or create derivative works from the app; (3) violate laws, rules, or regulations; (4) remove or alter proprietary notices; (5) use the app for unauthorized commercial purposes; (6) allow multi-device or user access simultaneously; (7) create competing products or services; (8) send automated queries or unsolicited emails; or (9) misuse our intellectual property.
Apple and Android Devices
For apps from Apple Store or Google Play, you agree: (1) to a non-transferable license per App Distributor's terms; (2) we provide maintenance/support per these Terms, with no App Distributor obligations; (3) any warranty failures must be reported to the App Distributor for potential refunds; (4) you're not located in a sanctioned country or on a restricted list; (5) to comply with third-party agreements; and (6) App Distributors can enforce these Terms as third-party beneficiaries.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are as an employee or contractor or affiliate of [Firm Short Name] and shall be subject to [Firm Short Name]'s Customer Agreement.
The Site may include links to Third-Party Websites and Third-Party Content. We don't investigate, monitor, or verify their accuracy, appropriateness, or completeness, and we're not responsible for any issues arising from their use. Linking to or allowing the use of Third-Party Websites or Content doesn't imply our endorsement. Accessing Third-Party Websites or using Third-Party Content is at your own risk, and our Terms no longer apply. Review the terms, policies, privacy, and data practices of sites or applications you access. We aren't responsible for purchases made on Third-Party Websites or any harm resulting from Third-Party Content or contact with Third-Party Websites.
Our services are "commercial items" as defined in FAR 2.101. For non-DOD agencies, our services are subject to these Terms in accordance with FAR 12.212 (software) and FAR 12.211 (technical data). For DOD agencies, they are subject to these Terms per DFARS 227.7202-3, with DFARS 252.227-7015 applying to technical data. This U.S. Government Rights clause supersedes any other clauses addressing government rights in software or technical data within these Terms.
Subject to [Firm Short Name]'s Customer Agreement, we may: (1) monitor the Site for Terms violations; (2) take legal action against violators, including reporting to authorities; (3) refuse, restrict, or disable any Contributions at our discretion; (4) remove or disable files and content that are large or burdensome; and (5) manage the Site to protect our rights, property, and ensure its proper functioning.
We care about data privacy and security. Please review our Privacy Policy: https://beta-app.gardiant.com/privacyPolicy/06-19-2023_privacy.html. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.
We respect others' intellectual property rights. If you think any material on the Site infringes your copyright, notify us immediately using the provided contact information. A copy will be sent to the person responsible for the material. Be aware that making false claims in a Notification may result in legal liability. If unsure, consider consulting an attorney first.
We can't ensure the Site's constant availability. Hardware, software, or other issues may cause interruptions, delays, or errors. Remedies for service outages are outlined in [Firm Short Name]'s Customer Agreement, with no individual remedy available to you.
These Terms of Service and your use of the Site are governed by and construed in accordance with the laws of the State of Washington applicable to agreements made and to be entirely performed within the State of Washington, without regard to its conflict of law principles.
Any dispute, controversy, or claim must be raised as a dispute between Gardiant and [Firm Short Name], in the context of [Firm Short Name]'s Customer Agreement.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
Any warranties, guarantees, and representations made are to [Firm Short Name]. To the fullest extent permitted by law, we disclaim all warranties, express or implied, to you as an individual.
Notwithstanding these Terms or [Firm Short Name]'s Customer Agreement, we and our directors, employees, or agents aren't liable for direct, indirect, consequential, exemplary, incidental, special, or punitive damages from your Site usage. If certain US state or international laws apply to you, some limitations or exclusions may not apply, and you may have additional rights.
Your use of the Site is subject to [Firm Short Name]'s Customer Agreement, establishing a business relationship between Gardiant and [Firm Short Name]. As an individual, you agree to defend, indemnify, and hold us harmless, including subsidiaries, affiliates, officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable attorneys' fees, due to: (1) your Contributions; (2) Site usage; (3) Terms of Service breach; (4) breaching your representations and warranties; (5) violating third-party rights, including intellectual property; or (6) harmful acts toward other Site users. We reserve the right to assume defense and control at your expense, and you agree to cooperate. We'll notify you of any claim subject to indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Our responsibility for the integrity and maintenance of User Data is only to [Firm Short Name] as described in [Firm Short Name]'s Customer Agreement.
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Site. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: