Dispute Resolution Policy

Effective Date: January 1, 2020
Last Updated: December 17, 2024

Guardian Computer, LLC (“we,” “us,” or “our”) is committed to resolving disputes fairly, efficiently, and transparently. This Dispute Resolution Policy outlines the steps to address and resolve disputes arising from the use of our services, website, or communications (“Services”).

1. Scope of Policy

This policy applies to any dispute, controversy, or claim (“Dispute”) arising out of or relating to:

  • The terms, conditions, or policies governing the use of our Services.

  • Billing, service performance, or any other aspect of our relationship with you.

This policy does not apply to disputes involving claims of intellectual property infringement or other matters requiring injunctive relief, which are handled separately.

2. Informal Resolution

We encourage resolving Disputes informally whenever possible.

  1. Notification: If you have a Dispute, contact us in writing at support@gcit.net or via mail:
    Guardian Computer, LLC
    3500 N. Causeway Blvd, Suite 435
    Metairie, LA 70002

  2. Resolution Process:

    • Provide a description of the issue, relevant details, and your proposed resolution.

    • We will acknowledge receipt of your notice within 5 business days and work with you to resolve the Dispute within 30 business days.

3. Binding Arbitration

If a Dispute cannot be resolved informally, it will be resolved through binding arbitration, except as provided in the Exclusions section below.

A. Arbitration Agreement

By using our Services, you agree to resolve disputes through arbitration instead of litigation. This arbitration agreement includes:

  • Rules: Arbitration will be conducted under the rules of the American Arbitration Association (AAA).

  • Location: Arbitration will take place in Louisiana, unless mutually agreed otherwise.

  • Arbitrator’s Decision: The arbitrator will issue a written decision, which is final and binding.

B. Costs of Arbitration

Each party will bear its own legal fees and costs unless otherwise required by applicable law or the arbitrator's decision.

C. Class Action Waiver

Disputes will be resolved on an individual basis. You waive the right to participate in class actions, collective actions, or similar proceedings.

4. Small Claims Exception

You may bring a Dispute in small claims court if it qualifies under the jurisdictional limits of the court and does not involve a claim for equitable or injunctive relief.

5. Exclusions from Arbitration

The following types of Disputes are excluded from the arbitration requirement:

  1. Intellectual Property Claims: Disputes involving the infringement or validity of copyrights, trademarks, or patents.

  2. Injunctive Relief: Requests for court-ordered remedies to prevent imminent harm.

These Disputes will be resolved through the appropriate state or federal courts in Louisiana, with exclusive jurisdiction and venue.

6. Time Limit for Claims

All Disputes must be filed within 1 year of the event giving rise to the Dispute. Claims filed after this period are barred, except where prohibited by applicable law.

6. Frivolous Claims
If any claim, defense, or counterclaim is found by the arbitrator or court to be frivolous, the party asserting such a claim agrees to bear all legal fees and costs incurred by the other party in defending against it.

7. Governing Law

This policy is governed by and construed in accordance with the laws of the State of Louisiana, without regard to conflict of law principles.

8. Changes to This Policy

We may update this policy from time to time to reflect changes in the law or our business practices. Updates will be reflected in the “Last Updated” section above. Continued use of our Services after updates constitutes acceptance of the revised policy.

9. Contact Information

For questions or concerns about this Dispute Resolution Policy, contact us at:

Guardian Computer, LLC
3500 N. Causeway Blvd, Suite 435
Metairie, LA 70002
Email: support@gcit.net
Phone: 1-504-457-0005