Welcome
These Terms and Conditions of Use (“Terms of Use”) apply to, and use of, the GuardianMD Academy (“Academy” or “us” or “we”) website as well as any other GuardianMD Academy controlled sites, regardless of domain name or IP address (collectively “Site” or “Sites”). The term “Site” or “Sites” shall include the features and applications accessible through, or in connection with the Sites (collectively the “Services”). Services may be subject to additional terms and conditions, including those not set forth in these Terms of Use (collectively “Additional Terms”), and your use of such Services constitutes your agreement to all applicable Additional Terms, and such Additional Terms are hereby incorporated by reference into these Terms of Use. Further, these Terms of Use are in addition to the terms or conditions of any other agreement you may have with the Academy for products, services or otherwise, including, without limitation, terms, conditions and policies relating to the courses and programs provided by us.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING ANY OF THE SERVICES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH THE ACADEMY, THE TERMS OF WHICH GOVERN YOUR USE OF THE SERVICES. ACCORDINGLY, BY YOUR ACCESS OR USE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICES.
Modifications to Terms of Use
GuardianMD Academy reserves the right to change or modify any of the terms and conditions contained in the Terms of Use or any Additional Terms of the Services, at any time and in its sole discretion. If we change or modify these Terms of Use, we will post the updated Terms of Use on the Services and will indicate at the top of this page the date these Terms of Use were last revised. Any changes or modifications will be effective immediately upon posting the revisions to the Services, and you waive any right you may have to receive specific notice of such changes or modifications. In the event of material alterations to these Terms of Use, we will email you at the email address you have on file to notify you of such alterations or otherwise notify you of such changes through the Sites. Your continued use of any of the Services following the posting of changes or modifications, or of a material alteration, your continued use after having been provided notice, will constitute and confirm your agreement and acceptance of such changes or modifications. It is your responsibility to regularly check the Services to determine if there have been changes to these Terms of Use and to review such changes. If you do not agree to the amended terms, you must stop using the Services.
Privacy Policy
Please refer to the GuardianMD Academy’s Privacy Policy for information on how the Academy collects, uses and discloses your personal information.
Copyright and Limited License from the GuardianMD Academy
Unless otherwise indicated in the Services, all content and other materials on the foregoing, including, without limitation, the Academy logo, and all designs, text, graphics, pictures, information, data, software, routines, documentation, technology, sound files, other files, and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of the Academy, its licensors or users and are protected by U.S. and international copyright and other laws. You are granted a limited license, without the right to sublicense, to access and use the Site Materials and the Services, and to print hard copy portions of the Site Materials, for your educational, non-commercial and personal use only. Such license is subject to these Terms of Use, the applicable Additional Terms, if any, and any other applicable terms and conditions, and without limiting any of the foregoing, you expressly agree not to: resell, lease, transfer, lend, or commercially use the Site Materials or the Services;
decompile, reverse engineer, disassemble or otherwise attempt to derive any source code from the Site Materials or the Services; distribute, perform or publicly display the Site Materials or the Services;
modify, adapt, translate, or create any derivative works of the Site Materials or the Services or any portion thereof; use any data mining, crawlers, spiders, robots or similar data gathering or extraction methods; download, index or in any non-transitory manner store or cache any portion of the Site Materials or the Services or any information contained therein, except as expressly permitted thereon;
remove, deface, obscure, or alter any copyright, trademark or other proprietary rights notices affixed to or provided in connection with the Site Materials or the Services;
create or attempt to create a substitute or similar service or product through the use of or access to the Site Materials or the Services or any proprietary information related thereto; or use the Site Materials or the Services other than for its intended purpose.
Any use or attempted use of the Site Materials or the Services other than as specifically authorized herein, without the express prior written permission of the Academy, or its licensors, is strictly prohibited and will, among other things, terminate the license granted herein. Such unauthorized use or attempted use may also violate applicable laws, including without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as explicitly stated herein, nothing in these Terms of Use or any applicable Additional Terms shall be construed as conferring any license to any intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time, in the Academy’s sole discretion.
Unless otherwise specified in these Terms of Use, all information and screens appearing on or in the Services, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of the Academy. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Accounts
In order to use certain features of the Services, you will be required to create or be logged into a user account. In order to register for an account, you represent you are at least eighteen years of age, and must: provide accurate, current and complete information about you as may be prompted by any registration forms on the Services (“Registration Data”); maintain and be solely responsible for the security and confidentiality of your login credentials, including your password and identification;not allow any other person to access your account, or use another person’s account; maintain and promptly update the Registration Data, and any other information you provide to the Academy, to keep it accurate, current and complete; and accept all risks of unauthorized access to the Registration Data and any other information you provide to the Academy.
Communications
The Services provide methods to contact us may include, but not limited to via text, email, and chat. All use of these contact methods are subject to our Privacy Policy.
If you elect to receive text messages from us, including marketing text messages, either via our Site or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional SMS text messages from us (each, a “Text Message”). This service is optional and is not a condition for purchase. You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us or by going to our Unsubscribe page. For help, reply “HELP” to any Text Message you receive.
Under no circumstances will we or our affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit SMS messages, you may not receive the Text Messages. Neither we nor the wireless carriers will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. By electing to receive Text Messages, you are representing that you own or have the exclusive right to use the phone number you provide to us. If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you unsubscribe.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, the Academy will terminate, in appropriate circumstances and at the Academy’s sole discretion, users, subscribers or account holders who are deemed to be repeat infringers of intellectual property rights. We may also, at our sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Notwithstanding the foregoing, users will also be subject to the policies and procedures set forth in our Consumer Information Guide, which policies and procedures are in addition to these Terms of Use.
Trademarks
All logos and any other product or service name or slogan contained in the Services are trademarks of the Academy, or their suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without expressing prior written permission of the Academy or the applicable trademark holder. You may not use any meta tags or any other name, trademark or product or service name of the Academy without our express prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Academy and may not be copied, imitated or used, in whole or in part, without our express prior written permission. All other trademarks, service marks, logos, and product names published on the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
Third Party Content and Applications
In addition to official pages on the Services containing the content of the Academy in support of our mission or related administrative business, our Services may include third party content on the Services and may provide links to web sites and content of third parties, including embedded content (collectively the “Third Party Content”) as a service to those interested in this information, including content and views of various individuals such as employees or members of the public. The views expressed in such Third Party Content should not be construed as representing the views of the Academy. In addition, the Services may include certain applications, features, programs and services provided by third parties (the “Third Party Applications”). The Academy does not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. The Academy is not responsible or liable in any manner for any Third Party Content or Third Party Applications, or for any loss, liability, harm or damages of any sort incurred as the result of your use thereof or access thereto, and makes no representations or warranties in connection with any Third Party Content or Third Party Applications, which at all times and in each instance is provided “as is.” Third Party Applications may be subject to additional terms and conditions or agreements between you and the provider of such Third Party Applications as may be provided to you in connection therewith, and you agree to fully comply with all such additional terms, conditions and agreements. Users use such Third Party Content and Third Party Applications at their own risk.
Third Party Products, Services, Advertisements and Promotions
We may provide information about or links to third party products or services on the Services or may run third party advertisements or promotions on the Services. Your dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such advertisers or third party information on the Services.
Feedback
Any comments, questions, ideas, suggestions, or similar materials that you submit to us related to the Services (collectively, “Feedback”) through any communication whatsoever (e.g., call, email) will be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Indemnification
You agree to defend, indemnify and hold harmless the Academy, its shareholders and its/their affiliated entities, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Services and any User Content you post, store or otherwise transmit on or through the Services, or your use of the Interactive Areas, including without limitation, any actual or threatened suit, demand or claim made against the Academy, its shareholders and/or its/their affiliated entities, independent contractors, licensors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your use of the Services, your conduct, or your violation of these Terms of Use, the Microsoft Online Services Acceptable Use Policy, or the Privacy Policy, as each may be amended from time to time, or your violation of any law(s), regulation(s), or the right(s) of any third party.
Disclaimer
THE SERVICES AND ALL CONTENT FEATURES MADE AVAILABLE ON, CONTAINED IN, OR ACCESSED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
THE ACADEMY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SERVICES. THE ACADEMY DOES NOT REPRESENT OR WARRANT THAT THE CONTENT AND MATERIALS ON THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE ACADEMY DOES NOT REPRESENT OR WARRANT THAT THE SITES OR THEIR HOST SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE ACADEMY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR IMAGERY. WHILE THE ACADEMY ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICES SAFE, THE ACADEMY CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITES OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
The Academy reserves the right to change or delete any and all Site Materials or User Content contained in or offered through the Services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation.
Limitation of Liability
IN NO EVENT SHALL THE ACADEMY, ITS SHAREHOLDERS, OR ITS/THEIR DIRECTORS, AFFILIATES, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES, OR THE USER CONTENT, SITE MATERIALS, OR OTHER MATERIALS AVAILABLE THEREON, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE ACADEMY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ACADEMY, ITS SHAREHOLDERS, OR ITS/THEIR DIRECTORS, AFFILIATES, MEMBERS, EMPLOYEES OR AGENTS WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, OR THE USER CONTENT OR OTHER MATERIALS AVAILABLE THEREON, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE ACADEMY FOR ACCESS TO OR USE OF THE SERVICES.
Applicable Law and Venue
These Terms of Use and your use of the Services (except as otherwise may be provided with respect to Third Party Applications) shall be governed by and construed in accordance with the laws of the State of Michigan applicable to agreements made and to be entirely performed within the State of Arizona, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use (except as may be provided with respect to third party copyright complaints) shall be filed only in the state and federal courts located in Oakland County, Michigan, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.
Termination
Notwithstanding anything to the contrary in these Terms of Use, the Academy reserves the right, without notice and in its sole discretion, to terminate your license to use the Services or any portion thereof, and to block or prevent your future access to and use of any of the Services. The Academy is not liable to you or any third party for damages relating to such termination or suspension of your access or use of the Services, or in the event that the Academy modifies, discontinues or restricts the availability of the Services (in whole or in part).
Severability
If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be modified by such court to the minimum extent necessary to make such provision enforceable and, if such modification is not possible, such provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
California Consumer Notice
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Services are provided by GuardianMD Academy, 755 W Big Beaver Road, Suit 400, Troy MI 48084. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
Contact
If you have questions about these Terms of Use, please contact us at