BY SIGNING UP FOR A USER ACCOUNT WITH GARDIAN LLC YOU AGREE TO THE FOLLOWING TERMS & CONDITIONS.

Customer Terms and Conditions

You are agreeing to the following Terms and Conditions by registering as a Customer on the GARDIAN website or app.  These Terms and Conditions represent a binding contract between you and GARDIAN LLC.  GARDIAN LLC is the owner and operator of GARDIAN as well as any mobile applications made available on iOS or Android devices, and any other affiliated applications as developed by GARDIAN LLC.  For purposes of this contract (alternately referred to as “Contract” “Terms and Conditions” or “Agreement”) any reference to “we” “us” or “our” shall refer solely to GARDIAN LLC., any references to “you” or “your” within this document shall refer to you, the Customer utilizing the GARDIAN LLC website, mobile application.

Definitions

Except as otherwise defined in this Agreement, capitalized terms have the following meanings.

“Customer” is a customer, whether registered or not registered, of GARDIAN that utilizes GARDIAN LLC’s personal driving service to utilize, accept and allow to Drivers willing to provide personal driver services on demand.

“Driver” is a registered driver of GARDIAN that utilizes GARDIAN LLC’s platform to avail themselves to clients/customers in order to provide personal driver services.

Description of Service

GARDIAN LLC is a platform service that provides you information about where and when you may obtain personal driving services.  By signing up with this service (referred to as “online service,” or simply “service”), we agree to provide you with accurate information about the drivers that may serve you. In exchange, we require compliance with this Agreement, as detailed in the terms of this document.  By creating an account, you are agreeing to abide by all of the terms and conditions in this Agreement. Drivers may become unavailable during peak usage of the service. Customers will be provided with driving services on a first come, first serve basis.

Registration

You must become a Registered Customer before receiving any personal driving services by GARDIAN LLC. There are three ways in which one can complete the Customer Registration Process and become a Registered Customer; by (1) filling out a registration application online through the “Sign Up” or “Customer Registration” section on GARDIAN.com (2) asking to be signed up as a Registered Customer by calling 570-GARDIAN or 570-427-3426; or (3) Utilizing the GARDIAN LLC mobile application to complete the “Customer Registration” section.

Online Account

By completing the Customer registration application, you will receive a username and password to access an online account with GARDIAN LLC gardian.com. You will be responsible for managing and keeping confidential the online account and its password, and are solely responsible for any and all activities that occur under your account.

As a GARDIAN account holder, you agree to (a) directly notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you always log off from your account at the end of every session. You agree that GARDIAN LLC cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

You understand, consent and agree that GARDIAN LLC may access, preserve and disclose your account information if, at our discretion, we believe doing so is in any way necessary to: (a) abide by legal process; (b) enforce the Terms and Conditions; (c) protect the rights, property and personal safety of GARDIAN LLC, its customers/users and the public.(d) respond to claims that any online content that violates the legal rights or obligations of third parties with whom we contract or; (e) respond to your requests for customer service 

GARDIAN LLC, in its sole discretion, explicitly reserves the right to directly modify, suspend or terminate your account and refuse current or future use of our online services/platform.  Reasons for doing so include, but are not limited to, instances in which GARDIAN LLC believes in its sole discretion, you have: (i) violated or tried to violate the legal rights of others to associate with and/or use the services of GARDIAN LLC; or (ii) have violated this Agreement.  You hereby agree that, under this Agreement, GARDIAN LLC is not required to provide you with any prior notice of termination of your account.

By creating an online account, you acknowledge and understand that the software that embodies GARDIAN includes certain security aspects that allow us to protect, record, and maintain data that is utilized by operation of the software and your personal privacy.  By using any software provided by the online platform, you agree that you shall not attempt to override or bypass any such protective, recording, or preservation measures, including but not limited to the usage rules within the software.

Customer Conduct 

You agree to use GARDIAN only while abiding by the law.

You agree to not make any disparaging remarks about GARDIAN LLC, its employees, other drivers, or clients.

You agree to use GARDIAN only for its intended purposes.

You agree not to interfere with GARDIAN LLC/Gardian.com

You agree not to interfere with or put in jeopardy the security of GARDIAN LLC/Gardian.com, or any computer, account, network, server, data, software and/or hardware associated with GARDIAN LLC/ GARDIAN.com

You agree not to disrupt or interfere with any other visitor’s use of GARDIAN LLC/ GARDIAN.com

You agree not to attempt to access to any section of GARDIAN LLC/Gardian.com, any computer, account, network, server, software and/or hardware associated with GARDIAN LLC/gardian.com from which you are prohibited.

You agree that you will comply with all applicable local, state, federal and foreign laws, rules and regulations applicable to GARDIAN and the Internet, including United States copyright law and you agree that you are solely responsible for any actions you undertake while visiting GARDIAN.

You are responsible for all postings, messages, text, files, images, graphics, photos, audio clips, sounds, video or other materials that you post on, transmit through or link from or to GARDIAN LLC, gardian.com and the GARDIAN online Platform.

You authorize that all information you provide to acquire access to the services provided by GARDIAN is accurate and truthful.

GARDIAN LLC reserves the right to disallow any conduct involving GARDIAN that it deems to be improper or illegal.

GARDIAN LLC does not knowingly or intentionally collect personal information from children under the age of 18. The content of GARDIAN is intended for adults and is intended for use only by adults over the age of 18. If you are under the age of 18, you may not submit any personal information to GARDIAN LLC.

Payments and Fees

GARDIAN LLC shall provide you with the opportunity to avail yourself to Drivers willing to provide designated driving services in exchange for a membership and/or personal driving fee. You hereby acknowledge and agree that your registration is made in order to facilitate a business service transaction, and not a transaction to purchase goods.

GARDIAN LLC shall list all pricing for all services in U.S. Dollars. 

Business Customers who have special accounts may decide to be invoiced if previously approved. These customers can request adjustments or edits for up to 7 days after the sending of an invoice. The customer forfeits their right to make any changes after the 7 days, to which the full balance of the invoice shall be due.

A 5% monthly penalty fee will be added to all due balances if GARDIAN LLC does not receive payment for services rendered within the agreed upon payment term, no longer than 30 days after invoice is sent.

The following details the Personal Driving Services provided by GARDIAN LLC:

1. Personal Driving Service: GARDIAN LLC shall provide you with a Driver that is available for a minimum of 4 (four) hours, and on a per-minute basis after the initial 4 hours. Rates can vary by location, season and peak hours. You will be billed for both driving and non-driving time, and the total will be charged to the exact minute. Additional gratuity can be added at the discretion of the customer for the driver, 100% of which goes directly to the driver (less applicable credit card fees). Upon arrival at the pickup location, Drivers are are expected to wait if they arrive prior to booking time. The Driver may begin charging for driver services as per the aforementioned rates at the exact time of reservation, or if customer starts ride earlier that time reserved. 

GARDIAN LLC will automatically and immediately bill you for any Personal Driving services provided on your request, by means of the credit card information you have provided during the registration process. Your credit card will be pre-authorized for the 4 (four) hour minimum payment upon booking a reservation. The full amount of hours used will then be charged upon completion of the Personal Driving Service.

Your access to the GARDIAN LLC Driving Service may be suspended, revoked or cancelled immediately and without notice, if for any reason your credit card is invalid or unauthorized, and all the information comprising it permanently deleted. The payment will be immediately due, including a 2% daily non-payment fee which will be added to the outstanding balance.

During your use of the personal driving service, you will be responsible for paying any tolls or parking fees required.

You hereby agree that GARDIAN LLC may alter service fees at any time, without prior notice to you, to affect any future personal driving services from GARDIAN LLC.

You hereby agree that GARDIAN LLC will charge a 2% weekly compounding late fee for any past due balances charged on the Monday of each week.

If for any reason, the customers credit card declines at completion of service, Driver will be required to update with a new credit card for billing immediately while with customer.

Referral Cancellation/Revisions

If you wish to cancel your request for a Personal Driver, you must do so within 24 (twenty-four) hours of the requested start time. Failure to properly cancel the request will result in a $75.00 charge if requested within a 2 (two) hour window before the reservation time OR a charge of the minimum 4 (four) hours, at current rate, if  after the 2-hour pre-reservation time window. Any cancellations/revisions to a reservation must be made through the corporate office either by editing the order in your profile on GARDIAN.com the GARDIAN mobile app, or by calling 570-GARDIAN/ 570-427-3426 and speaking to one of our customer service representatives.

Restriction

You are forbidden from receiving driving services from the Drivers you receive from GARDIAN LLC except through your agreement and contract with GARDIAN LLC, using only the platform provided to you.  You hereby agree that receiving additional personal driving services of the same nature provided to Customer/clients from GARDIAN LLC, and from Drivers you ascertain through GARDIAN LLC’s platform, is a material breach of this Agreement, you hereby waive any rights or remedies you have against GARDIAN LLC under this agreement or under applicable law and all rights and protections provided by this Agreement to you are null and void. 

If you are in breach of this provision, GARDIAN LLC may, without notice and in its sole discretion, in addition to any actions available under applicable law,  (i) suspend or terminate you from current or future personal driving services through GARDIAN LLC; (ii) pursue any remedy necessary in a court of law to enforce this provision; and (iii) and recover damages related to enforcing this provision including but not limited to (a) costs; (b) expenses; (c) lost profits and (d) attorney fees.

Copyright, Trademark and Intellectual Property

All content, material and information made accessible by GARDIAN LLC through GARDIAN LLC/ GARDIAN.com platform including, without limitation, any design, drawings, computer code, photographs, text, graphics, video recordings and sound recordings as well as any trademarks, copyrights, patents or other intellectual property or proprietary rights encompassing GARDIAN or any component or element of GARDIAN (collectively, the “Content”) is owned by or licensed to GARDIAN LLC. The collection of the Content on GARDIAN is the exclusive property of GARDIAN LLC and its licensors and is protected by U.S. and international copyright law.

All rights in the Content of GARDIAN LLC/ GARDIAN.com are retained by GARDIAN LLC and its licensors. The Content may not be copied, disseminated, downloaded, altered, displayed, e-mailed, shared, performed or sold in any way, shape or form, in whole or in part, without the prior written approval of the respective owner thereof.

GARDIAN LLC allows you to display and print the Content of GARDIAN (with exception of the computer code comprising GARDIAN LLC/ GARDIAN.com) for your personal, non-commercial use only; provided, that, even if you display or print the Content of GARDIAN as permitted hereunder, you may not modify, reproduce, transmit, distribute, publicly display or perform, or create derivative works from that Content and you must retain all copyright and other proprietary notices contained in or on the Content.

The Content may not be used in conjunction with any service or information that is not GARDIAN LLC’s or in any manner that disparages GARDIAN LLC or is likely to cause confusion among consumers. If you breach this Agreement, the rights granted herein are automatically null and void. Upon termination of these rights, you must immediately destroy any Content you displayed or printed.

GARDIAN LLC and all derivations thereof are trademarks of GARDIAN LLC. Other marks used on GARDIAN are either registered trademarks, trademarks, service marks, trade names, or otherwise protected property of GARDIAN LLC and may not be used, imitated or copied without the prior written approval of GARDIAN LLC.

Alteration of GARDIAN LLC/ GARDIAN.com

At any time, GARDIAN LLC may alter, modify or discontinue any feature, aspect, or service available through GARDIAN. GARDIAN LLC may alter the availability of any feature of the GARDIAN platform or service related to any feature of GARDIAN at any time. GARDIAN LLC may add, delete or alter any content of GARDIAN LLC/ GARDIAN.com, including that of third parties, at any time.

Liability

As a condition of using the services of GARDIAN LLC, you are required to maintain and carry proof of your respective state’s minimum motor vehicle insurance (Hereinafter “Policy”).   This requirement is not intended to be a limitation of insurance. To the extent that you carry motor vehicle insurance above the state’s minimum (such as comprehensive insurance), that is a your choice. Accordingly you are at risk of any content loss or physical damage that occurs during your use of the service. That insurance must cover the vehicle you plan to be transported in by a GARDIAN Personal Driver. You must own that vehicle, or comply with this section as well as the section below entitled “Car Ownership.”

You shall make available proof of the Policy to your Driver prior to receiving service. You agree that you will notify GARDIAN LLC immediately if you do not have such insurance due to a failure to purchase, cancellation, or lapse.

GARDIAN LLC shall not be responsible for any issues, expenses, or future costs related to where a vehicle was placed at the conclusion of a reservation. The end of a reservation is identified by the driver giving the vehicle keys back to the customer. GARDIAN LLC is not responsible for any items lost or stolen, or any damage that may occur to the vehicle while it is parked whether attended or unattended by the driver. Customer’s understand they hold sole responsibility for any of these events if they were to occur. 

Addition Coverage Fees are a required cost enabling a possible option for coverage that may apply on a case-by-case basis as listed in this agreement. Any vehicles that are more than eight passenger autos will not be eligible for potential insurance coverage and you understand that you will take full liability for any issues, including insurance coverage, that may arise during service rendered by the driver. 

Autos with a market value over $70,000.00 must carry their own full coverage for their vehicle. If an incident occurs where a GARDIAN personal driver is clearly at fault confirmed by a police report, you may be eligible for GARDIAN LLC to reimburse you for the insurance deductible paid to your auto insurance carrier, but nothing in excess of that deductible cost.  

In the case of a customer renting a vehicle, the customer must purchase insurance from the rental car company covering the potential liability to the vehicle, any individuals in the vehicle, or any 3rd party that may be involved in an incident. If the insurance purchased from the rental car company does cover the extent of the liability, the customer agrees to be solely responsible for any liability in excess of the policy they purchased from the rental car company from which they rented the vehicle.

Car Ownership

You are required to notify GARDIAN LLC immediately in the event that you do not own the vehicle in which you plan to be transported by a GARDIAN Personal Driver. By failing to do so, you are in a material breach of this Agreement. 

Prior to receiving any requested driving services under these circumstances, the vehicle owner must provide to GARDIAN LLC a completed, written Waiver, or call to verbally agree to the terms of the Waiver by phone. If either a written or verbal waiver is not completed within two hours prior to the beginning of your reservation, the order may be subject to cancellation.  

Notwithstanding your previous representations to GARDIAN LLC or your Driver regarding vehicle ownership, in the instance that you utilize driving services through GARDIAN LLC and GARDIAN LLC has not received any form of waiver regarding vehicle ownership, you represent and warrant to GARDIAN LLC that you have obtained lawful access to a vehicle that you own, and are lawfully using that vehicle to consummate GARDIAN LLC’s personal driving services.

By failing to obtain any form of waiver based on vehicle ownership, GARDIAN LLC does not waive any right to enforce any provisions of this Agreement, including indemnification and hold-harmless provisions.

If a vehicle is rented from a third-party, you represent and warrant that insurance for the vehicle has been purchased from that third-party or another third-party covering the vehicle, any individuals in the vehicle, and any damage caused to a 3rd party during the duration of the rental.

Independent Contractor

You hereby acknowledge and agree that you are receiving personal driving services from GARDIAN LLC, and that each driver to whom you are referred is an independent contractor, not an employee of GARDIAN LLC.  You and GARDIAN LLC agree that this relationship does not create any actual or apparent partnership, agency, franchise, or relationship of employer and employee between the parties.

You also acknowledge that any Personal Driver to whom you are referred is not authorized to represent itself as the agent or legal representative of GARDIAN LLC. and shall not enter into or commit GARDIAN LLC to any agreements.

Indemnification & Waiver

You agree to hereby release and indemnify GARDIAN LLC and its owners, directors, employees, agents and other representatives from and against any liability for any injury, loss or damage resulting from a referral from GARDIAN LLC. You agree to hereby indemnify, defend and hold harmless GARDIAN LLC and its officers, directors, employees, agents and other representatives from and against all damages, losses and causes of action including without limitation damage to property, bodily injury, or death to the extent caused by:

1. Breach of any terms and conditions of these Terms and Conditions by you or GARDIAN LLC;
2. Negligent or willful acts by you, your driver or GARDIAN LLC;
3. Non-compliance or breach of any applicable law, rule or regulation by you or GARDIAN LLC; and/or
4. Infringement of any right of any third party by you or GARDIAN LLC.

In the event of any litigation or proceeding brought against GARDIAN LLC and arising out of or in any way connected with any of the above events or claims against which you agree to defend GARDIAN LLC, you shall, upon notice from GARDIAN LLC, vigorously resist and defend such actions or proceedings in consultation with GARDIAN LLC through legal counsel reasonably satisfactory to GARDIAN LLC.

You hereby agree that, should GARDIAN LLC submit any claim to its insurance carrier on your behalf, such submission does not constitute a waiver of any of the terms in this section.

Duty to Notify & Cooperate

In case of an accident, injury, violation of law, or violation of the terms and conditions of this Agreement by any person, you agree to provide immediate, written notice to GARDIAN LLC. Written notice shall include a detailed narrative of the event or violation, including where it occurred, when it occurred, who was involved, and what damages are alleged, sent to “911@GARDIAN.com.”

Once you notify GARDIAN LLC of any accident or injury to persons or property, GARDIAN LLC will provide you with the information necessary to contact the Driver and his/her insurance carrier. You will have the sole responsibility of pursuing any claim, should you feel that one exists, with your insurance carrier or the Driver and his/her insurance carrier. After an inquiry has been made of both the Driver’s and your insurance, and neither policy has provided coverage under your claim, you may submit the claim to GARDIAN LLC for consideration under GARDIAN LLC’s corporate insurance policy. To do so, send a request to our service department. For GARDIAN LLC to consider a claim under GARDIAN LLC’s insurance policies you must submit an official police report of the accident that states that the Driver was at fault. GARDIAN LLC’s insurance coverage provides a second layer of protection against unforeseen auto accidents during GARDIAN LLC’s referral service. GARDIAN LLC on a case by case basis, in its sole discretion and at any point with or without cause, can make the decision to not pursue any claim brought by a Customer or Driver.

You also agree to fully and timely cooperate in any investigation by GARDIAN LLC of any incident reported by you, a Driver, or any other person; any suit brought by a third party; and/or any process of binding arbitration that may affect a right or interest of GARDIAN LLC. You acknowledge that your cooperation shall include, when relevant, release of any insurance information and medical information and/or tests, including your medical and law enforcement records, related to any accident, injury, violation of law, or violation of the terms and conditions of this Agreement.

Disclaimers

EXCEPT AS PROVIDED IN THIS AGREEMENT, GARDIAN IS PROVIDED “AS-IS” AND “AS-AVAILABLE”. GARDIAN LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF GARDIAN LLC/ GARDIAN.com, THE CONTENT, INFORMATION, AND/OR SERVICES AVAILABLE ON OR THROUGH GARDIAN LLC/GARDIAN.com.

THE COMPANY DOES NOT GUARANTEE THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY INFORMATION PROVIDED AT OR THROUGH GARDIAN (BY LINK OR OTHERWISE) AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM USE OF SUCH INFORMATION.

YOU AGREE THAT GARDIAN LLC IS NOT RESPONSIBLE FOR AND CANNOT GUARANTEE AGAINST THE INTRODUCTION OF VIRUSES OR WORMS, OR UNAUTHORIZED USERS ATTEMPTING TO ACCESS, OR OBTAINING ACCESS TO GARDIAN OR YOUR COMPUTER OR OTHER SYSTEMS FROM OR THROUGH GARDIAN LLC/ GARDIAN.com.

GARDIAN LLC MAY TEMPORARILY OR PERMANENTLY SUSPEND ACCESS TO OR DISCONTINUE GARDIAN OR ANY PAGE OF GARDIAN AT ITS DISCRETION, AT ANY TIME, WITHOUT NOTICE.

YOU AGREE TO VISIT GARDIAN SOLELY AT YOUR OWN RISK. YOU AGREE THAT YOUR USE OF GARDIAN.com, AND ANY CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH GARDIAN IS SOLELY AT YOUR OWN RISK.

WE DO NOT WARRANT THAT GARDIAN WILL BE AVAILABLE AT ALL TIMES OR THAT A VISITOR’S USE WILL BE CONTINUOUS AND/OR ERROR FREE. WE DO NOT MAKE ANY WARRANTIES THAT THE CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH GARDIAN ARE ACCURATE, RELIABLE, OR CURRENT.

THE COMPANY DISCLAIMS, TO THE MAXIMUM EXTENT PERMISSIBLE, ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT IN RELATION TO THE CONTENT, INFORMATION, SERVICE OR PRODUCTS PROVIDED AT, THROUGH OR IN CONNECTION WITH GARDIAN LLC/ GARDIAN.com.

Limitation of Liability 

EXCEPT AS PROVIDED IN THIS AGREEMENT, NEITHER WE, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING GARDIAN SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF GARDIAN LLC/GARDIAN.com, THE SERVICE OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES ARISING FROM HARM INCLUDING, BUT NOT LIMITED TO INJURY TO PROPERTY OR PERSON, MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE GARDIAN LLC/ GARDIAN.com, RESULTING FROM ACTS INCLUDING BUT NOT LIMITED TO ACTS OUTSIDE OF OUR CONTROL, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, INTERNET FAILURE, UNAUTHORIZED ACCESS, THE COMPANY’S NEGLIGENCE OR YOUR OWN ERRORS AND/OR OMISSIONS AND ANY OTHER CAUSE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THIS SECTION APPLIES TO ALL CONTENT, GOODS AND SERVICES AVAILABLE THROUGH GARDIAN LLC/ GARDIAN.com. IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY TYPE OF DAMAGES IS PROHIBITED, GARDIAN LLC’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION. IF YOUR USE OF GARDIAN OR THE CONTENT, INFORMATION, PRODUCTS OR SERVICES PROVIDED AT, THROUGH OR IN CONNECTION WITH GARDIAN OR ANY OTHER WEBSITE LINKED TO GARDIAN RESULTS IN ANY LOSS TO YOU, OR RESULTS IN THE NEED FOR ANY SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME RESPONSIBILITY FOR ALL SUCH LOSSES AND ALL COSTS ARISING THEREFROM OR ASSOCIATED THEREWITH.

Waiver

Any failure by GARDIAN to exercise its rights as stated in this Agreement shall not constitute a waiver thereof. You shall not be entitled to a waiver of any of the terms or conditions of this Agreement unless one is obtained in a writing signed by both you and GARDIAN LLC.

Marketing

Except through GARDIAN or with express permission from GARDIAN LLC, you hereby agree that you shall not create or participate in any advertisement that identifies both you and any affiliation with GARDIAN or GARDIAN LLC. “Advertisement” is defined as any informational message, including any radio advertisement, billboard, flyer, leaflet, or other physical medium; or any website, mobile application, banner ad, or other digital medium that either identifies GARDIAN or GARDIAN LLC, and/or uses any of its intellectual property, including copyrighted text, pictures, and images; and marks protected by US trademark laws.

You agree that GARDIAN LLC retains sole authority to advertise its service, and may continue to do so in its sole discretion, notwithstanding the terms, conditions and obligations set forth in this Agreement. GARDIAN LLC also has the sole authority to use your name, image, likeness, personal attributes, and/or driving record to promote its service and your relation thereto.

Enforceability

You hereby affirm that you are of sound mind and body to enter this Agreement, are able to understand it, and hereby waive any defense to the enforceability of its terms and conditions, including intoxication.

Arbitration

Any dispute over this Agreement or any other matter between you and GARDIAN LLC shall be subject to binding arbitration in the State of New Jersey, city of Red Bank, with an arbitrator chosen by GARDIAN LLC. You and GARDIAN LLC agree to share the cost of the arbitrator. 

Cancellation

To cancel your subscription at any time, email “accounts@gardian.com” or call 570-GARDIAN (570-427-3426).

Amendments

GARDIAN LLC reserves the right to amend this agreement at any time, without notice, to affect future dealings between you and GARDIAN LLC. You may not alter this Agreement, your obligations, or our obligations unless such an alteration is obtained in a writing signed by both parties.

Termination

Breach of any of this Agreement shall entitle GARDIAN LLC, in its sole discretion, to suspend or terminate your registration as a customer receiving personal driving services through the GARDIAN LLC.

Entire Agreement

This Agreement constitutes the entire agreement between both parties, and supersedes all prior oral or written promises and contracts regarding your use of the services of GARDIAN LLC.