Terms and Conditions for the Charles Taylor Ltd. subsidiary Guardian Managed Care Solutions LLC (“Guardian” or “We“).
These terms of use are entered into by and between You and Guardian. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, ”Terms of Use”), govern your access to and use of guardianmcs.com, including any content, functionality, and services offered on or through guardianmcs.com (the “Website”), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, also located on this website, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
We reserve the right to change these Terms from time to time in our sole discretion as we deem necessary. We will endeavor to post such changes and their effective date within the current terms and conditions on this Website. Any changes to these Terms will be effective after the date on which the revised Terms are posted. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
In order to use the Website, you must be 18 years of age or older and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms and to abide by and comply with the Terms. By continuing to use this Website, you represent that you meet the eligibility requirements in this Section and that you are over the age of 18, as the Website is not intended for use by anyone under 18.
All information we collect on this Website is subject to our Privacy Policy located on this website. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware in each case located in the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
USE OF THIS SITE IS NOT AUTHORIZED FROM JURISDICTIONS THAT DO NOT GIVE EFFECT TO ALL PROVISIONS OF THESE TERMS, INCLUDING WITHOUT LIMITATION, THIS PARAGRAPH. THESE TERMS APPLY ONLY TO YOUR USE OF THIS SPECIFIC WEBSITE. CHARLES TAYLOR OPERATES OTHER WEBSITES THAT ARE COVERED BY THEIR OWN TERMS AND CONDITIONS AS SPECIFIED ON THOSE WEBSITES.
You may not modify or distribute the contents of this Website without Guardian’s written permission. All rights and interests in and to all aspects of this website remain the sole property of Charles Taylor, Guardian, and its subsidiaries and affiliates.
You must not engage in any activity that causes interference with or disruption to the Website or any servers or networks that are connected to the Website. You must comply with any provided instructions.
To the extent permitted by law, you are solely responsible for any breach of your obligations under the Terms and any resulting consequences Guardian has of any such breach, including any loss or damage which you, Guardian, or any third party may suffer. Guardian will have no liability to you or any third party in respect of such breach of the Terms.
Any link (including a hyperlink, button or referral device of any kind) used on this Website is provided for your use and convenience. The presence of a link on this Website does not constitute an endorsement, recommendation or certification by us, nor should the presence of a link in any way be construed as a suggestion that any third-party website has any relationship with us. We do not endorse the advertising or other content on any third-party websites. We are not responsible for the content of linked third-party websites or third-party advertisements, and do not make any representations regarding their content or accuracy. We do not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights or patents. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.
We further do not represent, warrant or guarantee the truthfulness, accuracy, or reliability of any of the material posted by others on the Website. We also do not endorse any opinions expressed by others on the Website. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED BY OTHERS ON THE SITE, AND YOUR USE OF THAT CONTENT, IS AT YOUR OWN RISK.
Charles Taylor, Guardian, and its subsidiaries and affiliates only purports to use names, logos or marks appearing on this Website in those territories in which it is entitled to do so, whether by virtue of pending or registered trademarks, licenses, or otherwise. For the avoidance of doubt, we do not purport to use any name, logo or mark in any territory, in which we are not so entitled, and will not supply or offer to supply products and/or services bearing any such name, logo or mark into any such territory. The use of these trademarks or any other content on this website, except as provided in these terms and conditions or in the Website content, is strictly prohibited. All contents of this Website are Copyright © Charles Taylor Limited and/or its subsidiaries or affiliated companies. All rights reserved.
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree NOT to use the Website:
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, AND EXCEPT AS OTHERWISE SPECIFIED IN A WRITTEN AGREEMENT, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
GUARDIAN’S CUMULATIVE LIABILITY SO FAR AS PERMITTED BY LAW TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THE SITE, THE CONTENT, OR THESE TERMS OF USE SHALL NTO EXCEED FIVE DOLLARS ($5.00).
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
We may terminate your access to the Website at our sole discretion, for any reason or no reason.
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck from the Terms and the remaining provisions shall be enforced. In our sole discretion, we may replace any invalid or unenforceable provision with a valid and enforceable provision which achieves, to the extent possible, the original objectives of the invalid or unenforceable provision. The invalidity or unenforceability of any provision of this agreement shall not affect the validity or enforceability of any other provision herein.
The following sections will survive any expiration or termination of these Terms: Indemnification, No Warranties, Limitation of Liability, Damages, and any other provisions that by their nature should reasonably survive termination.
We may assign this agreement, in whole or in part, at any time without notice to you. You may not assign this agreement or transfer any rights to use the Website. Nothing in these Terms is intended to confer any rights or remedies on any third party other than the parties to this agreement. There are no third-party beneficiaries under these Terms.
This is the entire agreement between you and Guardian for your use of the Website. It supersedes any prior agreements between you and Guardian regarding your use of the Website. All parts of this agreement apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of this agreement as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this agreement will not change. The Terms of Use Section Titles are for reference only and have no legal effect.
If we change this Notice, we will let you know by publishing the updated version on our website. We aim to protect and respect your privacy, and that intention will carry on in any future changes to this Notice.
These Terms and Conditions come into effect on August 11, 2023, replacing our previous Terms and Conditions.
Contact us to learn more about Guardian’s tailored services and solutions.
