TERMS AND CONDITIONS
Effective Date: January 1, 2020
Last Updated: December 17, 2024
1. Agreement to Legal Terms
Welcome to Guardian Computer, LLC (“Company,” “we,” “us,” or “our”). These Terms and Conditions ("Terms") govern your use of our website at www.gcit.net and any related services, products, or communications (collectively, the “Services”).
By accessing or using the Services, you agree to these Terms. If you do not agree, you may not access or use the Services.
2. Updates to These Terms
We may update these Terms periodically. If changes materially impact your rights, we will notify you via email or prominent notice on our website. It is your responsibility to review these Terms regularly. Continued use of the Services after updates constitutes acceptance of the revised Terms.
3. Eligibility
The Services are intended for users:
Who are at least 18 years old, or the minimum age of digital consent in their jurisdiction, whichever is higher.
Who have the legal capacity to enter into a binding agreement.
If you access the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
4. Our Services
The information and Services provided are not intended for use in jurisdictions where they would violate applicable laws. You are responsible for ensuring your use complies with local regulations.
The Services do not comply with industry-specific laws such as HIPAA (Health Insurance Portability and Accountability Act) or GLBA (Gramm-Leach-Bliley Act). If your use is subject to such regulations, you may not use the Services.
5. Intellectual Property Rights
A. Our Content
We own or license all intellectual property in the Services, including:
Source code, software, databases, designs, text, graphics, and multimedia (“Content”).
Trademarks, logos, and service marks (“Marks”).
The Content and Marks are provided “AS IS” for personal, non-commercial use only.
B. Your License to Use the Services
We grant you a limited, revocable, non-exclusive, and non-transferable license to access and use the Services solely for:
Personal, non-commercial purposes.
Internal business purposes.
You may not:
Copy, modify, or distribute Content.
Use Content or Marks for commercial purposes without our prior written consent.
For permissions, contact info@gcit.net.
6. User Responsibilities
By using the Services, you agree that you will not:
Use the Services for illegal or unauthorized purposes.
Attempt to bypass security measures.
Upload harmful or malicious content (e.g., viruses, spam).
Violate any intellectual property rights of third parties.
You are solely responsible for your actions while using the Services.
7. Third-Party Services and Links
The Services may include links to third-party websites or tools. These are provided for convenience, and we do not endorse or control such services. You use third-party sites at your own risk and should review their terms and privacy policies.
8. Privacy Policy
Your use of the Services is also governed by our Privacy Policy. You can review it at:
www.gcit.net/general-privacy-policy.
By using the Services, you consent to the collection, storage, and use of your data as described in our Privacy Policy.
9. SMS Terms
By subscribing to our SMS program, you agree to:
Receive SMS messages as outlined in our SMS Program Privacy Policy.
Reply STOP to unsubscribe at any time.
Standard message and data rates may apply.
You are responsible for ensuring compliance with local laws related to SMS communication.
10. Disclaimers and Limitation of Liability
A. Disclaimers
The Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied. We disclaim:
Warranties of merchantability, fitness for a particular purpose, and non-infringement.
Responsibility for errors, interruptions, viruses, or security vulnerabilities.
B. Limitation of Liability
To the maximum extent permitted by law:
We are not liable for indirect, incidental, special, or consequential damages, including loss of profits or data.
Our total liability, under any cause of action, is limited to the amount you paid us in the 12 months preceding the event giving rise to the claim.
This limitation does not apply to gross negligence, fraud, or willful misconduct.
11. Indemnification
You agree to defend, indemnify, and hold us harmless from any claims, losses, or damages (including legal fees) arising from:
Your breach of these Terms.
Your misuse of the Services.
Your violation of any third-party rights, including intellectual property.
12. Arbitration and Dispute Resolution
Binding Arbitration
If a dispute arises, the Parties agree to resolve it through binding arbitration in Louisiana, following the rules of the American Arbitration Association (AAA).
Small Claims Exception
You may pursue claims in small claims court if they qualify.
Opt-Out Option
You may opt out of arbitration within 30 days of accepting these Terms by emailing us at info@gcit.net.
Class Action Waiver
Disputes will be resolved individually. You waive the right to participate in class actions or joint proceedings.
13. Termination
We reserve the right to terminate or suspend your access to the Services without notice if you violate these Terms. Upon termination, any rights or licenses granted will immediately cease.
14. Governing Law
These Terms are governed by the laws of the State of Louisiana, without regard to conflicts of law principles.
15. Miscellaneous
If any part of these Terms is deemed unenforceable, the remaining provisions will remain in effect.
Failure to enforce any provision is not a waiver of our rights.
These Terms constitute the entire agreement between you and Guardian Computer, LLC.
16. Contact Us
If you have questions or concerns about these Terms, please contact us:
Guardian Computer, LLC
3500 N. Causeway Blvd, Suite 435
Metairie, LA 70002
Phone: 1-504-457-0005
Email: info@gcit.net
Website: www.gcit.net