TERMS OF USE
Last updated September 10, 2024
AGREEMENT TO OUR LEGAL TERMS
We are GARANT INC ("Company,""we,""us,""our"),a company registered in Illinois, United States at 7520 WLawrence Ave, Apt 2N, Hardwood Height, IL 60706.
We operate the website http://www.garanttrans.com (the "Site"), as well as any other related products andservices that refer or link to these legal terms (the "Legal Terms")(collectively, the "Services").
You can contact us by phone at 1-844-556-4699, email at safety@garanttrans.com, or by mail to 7520 W Lawrence Ave, Apt 2N, Hardwood Height, IL 60706, United States.
TheseLegal Terms constitute a legally binding agreement made between you, whetherpersonally or on behalf of an entity ("you"), and GARANTINC, concerning your access to and use of theServices. You agree that by accessing the Services, you have read, understood,and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITHALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THESERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduledchanges to the Services you are using. The modified Legal Terms will becomeeffective upon posting or notifying you by safety@garanttrans.com, as stated in the email message. By continuing to usethe Services after the effective date of any changes, you agree to be bound bythe modified terms.
The Services are intended for users who are at least 18years old. Persons under the age of 18 are not permitted to use or register forthe Services.
We recommend that youprint a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. PROHIBITED ACTIVITIES
5. USER GENERATED CONTRIBUTIONS6. CONTRIBUTION LICENSE
7. SERVICES MANAGEMENT
8. PRIVACY POLICY
9. TERM AND TERMINATION
10. MODIFICATIONS AND INTERRUPTIONS
11. GOVERNING LAW
12. DISPUTE RESOLUTION
13. CORRECTIONS
14. DISCLAIMER
15. LIMITATIONS OF LIABILITY
16. INDEMNIFICATION
17. USER DATA
18. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, ANDSIGNATURES
19. SMS TEXT MESSAGING
20. CALIFORNIA USERS AND RESIDENTS
21. MISCELLANEOUS
22. CONTACT US
1. OUR SERVICES
The informationprovided when using the Services is not intended for distribution to or use byany person or entity in any jurisdiction or country where such distribution oruse would be contrary to law or regulation or which would subject us to anyregistration requirement within such jurisdiction or country. Accordingly,those persons who choose to access the Services from other locations do so ontheir own initiative and are solely responsible for compliance with local laws,if and to the extent local laws are applicable.
The Services are nottailored to comply with industry-specific regulations (Health InsurancePortability and Accountability Act (HIPAA), Federal Information SecurityManagement Act (FISMA), etc.), so if your interactions would be subjected tosuch laws, you may not use the Services. You may not use the Services in a waythat would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual propertyrights in our Services, including all source code, databases, functionality,software, website designs, audio, video, text, photographs, and graphics in theServices (collectively, the "Content"), as well as the trademarks,service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright andtrademark laws (and various other intellectual property rights and unfaircompetition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through theServices "AS IS" for your personal, non-commercial use or internalbusiness purpose only.
Your use of our Services
Subject to yourcompliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you anon-exclusive, non-transferable, revocable license to:
● access the Services; and
● download or print a copy of any portion of the Content to whichyou have properly gained access.solely for your personal, non-commercial use or internalbusiness purpose.
Except as set out in this section or elsewhere in ourLegal Terms, no part of the Services and no Content or Marks may be copied,reproduced, aggregated, republished, uploaded, posted, publicly displayed,encoded, translated, transmitted, distributed, sold, licensed, or otherwiseexploited for any commercial purpose whatsoever, without our express priorwritten permission.
If you wish to make any use of the Services, Content, orMarks other than as set out in this section or elsewhere in our Legal Terms,please address your request to: safety@garanttrans.com. If we ever grant you the permission to post, reproduce,or publicly display any part of our Services or Content, you must identify usas the owners or licensors of the Services, Content, or Marks and ensure thatany copyright or proprietary notice appears or is visible on posting,reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in andto the Services, Content, and Marks.
Any breach of these Intellectual Property Rights willconstitute a material breach of our Legal Terms and your right to use ourServices will terminate immediately.
Your submissions
Please review thissection and the "PROHIBITED ACTIVITIES" section carefully prior to usingour Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment,suggestion, idea, feedback, or other information about the Services("Submissions"), you agree to assign to us all intellectual propertyrights in such Submission.
You agree that we shall own this Submission and beentitled to its unrestricted use and dissemination for any lawful purpose,commercial or otherwise, without acknowledgment or compensation to you. You are responsible for what you post or upload: By sending usSubmissions through any part of the Services you:
● confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish,upload, or transmit through the Services any Submission that is illegal,harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate,deceitful, or misleading;
● to the extent permissible by applicable law, waive any and allmoral rights to any such Submission;
● warrant that any such Submission are original to you or that youhave the necessary rights and licenses to submit such Submissions and that youhave full authority to grant us the above-mentioned rights in relation to yourSubmissions; and
● warrant and represent that your Submissions do not constituteconfidential information.You are solelyresponsible for your Submissions and you expressly agree to reimburse us forany and all losses that we may suffer because of your breach of (a) thissection, (b) any third party’s intellectual property rights, or (c) applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to complywith these Legal Terms; (2) you are not a minor inthe jurisdiction in which you reside; (3) youwill not access the Services through automated or non-human means, whetherthrough a bot, script or otherwise; (4) you will not use the Services for anyillegal or unauthorized purpose; and (5) your use of the Services will notviolate any applicable law or regulation.
If you provide any information that is untrue,inaccurate, not current, or incomplete, we have the right to suspend orterminate your account and refuse any and all current or future use of theServices (or any portion thereof).
4. PROHIBITED ACTIVITIES
You may not access or use the Services for any purposeother than that for which we make the Services available.
The Services may notbe used in connection with any commercial endeavors except those that arespecifically endorsed or approved by us. As a user of the Services, you agree not to:
● Systematically retrievedata or other content from the Services to create or compile, directly orindirectly, a collection, compilation, database, or directory without writtenpermission from us.
● Trick, defraud, or misleadus and other users, especially in any attempt to learn sensitive accountinformation such as user passwords.
● Circumvent, disable, orotherwise interfere with security-related features of the Services, includingfeatures that prevent or restrict the use or copying of any Content or enforcelimitations on the use of the Services and/or the Content contained therein.
● Disparage, tarnish, orotherwise harm, in our opinion, us and/or the Services.
● Use any informationobtained from the Services in order to harass, abuse, or harm another person.
● Make improper use of oursupport services or submit false reports of abuse or misconduct.
● Use the Services in amanner inconsistent with any applicable laws or regulations.
● Engage in unauthorizedframing of or linking to the Services.
● Upload or transmit (orattempt to upload or to transmit) viruses, Trojan horses, or other material,including excessive use of capital letters and spamming (continuous posting ofrepetitive text), that interferes with any party’s uninterrupted use andenjoyment of the Services or modifies, impairs, disrupts, alters, or interfereswith the use, features, functions, operation, or maintenance of the Services.
● Engage in any automated useof the system, such as using scripts to send comments or messages, or using anydata mining, robots, or similar data gathering and extraction tools.
● Delete the copyright orother proprietary rights notice from any Content
● Attempt to impersonateanother user or person or use the username of another user.
● Upload or transmit (orattempt to upload or to transmit) any material that acts as a passive or activeinformation collection or transmission mechanism, including without limitation,clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies,or other similar devices (sometimes referred to as "spyware" or"passive collection mechanisms" or "pcms").
● Interfere with, disrupt, orcreate an undue burden on the Services or the networks or services connected tothe Services.
● Harass, annoy, intimidate,or threaten any of our employees or agents engaged in providing any portion ofthe Services to you.
● Attempt to bypass anymeasures of the Services designed to prevent or restrict access to theServices, or any portion of the Services.
● Copy or adapt the Services'software, including but not limited to Flash, PHP, HTML, JavaScript, or othercode.
● Except as permitted byapplicable law, decipher, decompile, disassemble, or reverse engineer any ofthe software comprising or in any way making up a part of the Services.
● Except as may be the resultof standard search engine or Internet browser usage, use, launch, develop, ordistribute any automated system, including without limitation, any spider,robot, cheat utility, scraper, or offline reader that accesses the Services, oruse or launch any unauthorized script or other software.
● Use a buying agent or purchasingagent to make purchases on the Services.
● Make any unauthorized useof the Services, including collecting usernames and/or email addresses of usersby electronic or other means for the purpose of sending unsolicited email, orcreating user accounts by automated means or under false pretenses.
● Use the Services as part ofany effort to compete with us or otherwise use the Services and/or the Contentfor any revenue-generating endeavor or commercial enterprise.
● Use the Services to advertise or offer to sell goods andservices.
● Sell or otherwise transfer your profile. 5. USER GENERATED CONTRIBUTIONS The Services does not offer users to submit or postcontent. We may provide you with the opportunity to create, submit, post,display, transmit, perform, publish, distribute, or broadcast content and materialsto us or on the Services, including but not limited to text, writings, video,audio, photographs, graphics, comments, suggestions, or personal information orother material (collectively, "Contributions"). Contributions may beviewable by other users of the Services and through third-party websites. Assuch, any Contributions you transmit may be treated in accordance with theServices' Privacy Policy. When you create or make available any Contributions,you thereby represent and warrant that:
● The creation, distribution, transmission, public display, orperformance, and the accessing, downloading, or copying of your Contributionsdo not and will not infringe the proprietary rights, including but not limitedto the copyright, patent, trademark, trade secret, or moral rights of any thirdparty.
● You are the creator and owner of or have the necessary licenses,rights, consents, releases, and permissions to use and to authorize us, theServices, and other users of the Services to use your Contributions in anymanner contemplated by the Services and these Legal Terms.
● You have the written consent, release, and/or permission of eachand every identifiable individual person in your Contributions to use the nameor likeness of each and every such identifiable individual person to enableinclusion and use of your Contributions in any manner contemplated by theServices and these Legal Terms.
● Your Contributions are not false, inaccurate, or misleading.
● Your Contributions are not unsolicited or unauthorized advertising,promotional materials, pyramid schemes, chain letters, spam, mass mailings, orother forms of solicitation.
● Your Contributions are not obscene, lewd, lascivious, filthy,violent, harassing, libelous, slanderous, or otherwise objectionable (as determinedby us).
● Your Contributions do not ridicule, mock, disparage, intimidate,or abuse anyone.
● Your Contributions are not used to harass or threaten (in thelegal sense of those terms) any other person and to promote violence against aspecific person or class of people
.● Your Contributions do not violate any applicable law,regulation, or rule.
● Your Contributions do not violate the privacy or publicityrights of any third party.
● Your Contributions do not violate any applicable law concerningchild pornography, or otherwise intended to protect the health or well-being ofminors
.● Your Contributions do not include any offensive comments thatare connected to race, national origin, gender, sexual preference, or physicalhandicap.
● Your Contributions donot otherwise violate, or link to material that violates, any provision ofthese Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violatesthese Legal Terms and may result in, among other things, termination orsuspension of your rights to use the Services.
6. CONTRIBUTION LICENSE
You and Services agree that we may access, store,process, and use any information and personal data that you provide followingthe terms of the Privacy Policy and your choices (including settings). By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purposewithout compensation to you.
We do not assert any ownership over your Contributions.You retain full ownership of all of your Contributions and any intellectualproperty rights or other proprietary rights associated with your Contributions.We are not liable for any statements or representations in your Contributions provided by you in any area on the Services.
You are solely responsible foryour Contributions to the Services and you expressly agree to exonerate us fromany and all responsibility and to refrain from any legal action against usregarding your Contributions.
7. SERVICES MANAGEMENT
We reserve the right,but not the obligation, to:
(1) monitor the Services for violations of theseLegal Terms;
(2) take appropriate legal action against anyone who, in our solediscretion, violates the law or these Legal Terms, including without limitation,reporting such user to law enforcement authorities;
(3) in our sole discretionand without limitation, refuse, restrict access to, limit the availability of,or disable (to the extent technologically feasible) any of your Contributionsor any portion thereof;
(4) in our sole discretion and without limitation,notice, or liability, to remove from the Services or otherwise disable allfiles and content that are excessive in size or are in any way burdensome toour systems; and
(5) otherwise manage the Services in a manner designed toprotect our rights and property and to facilitate the proper functioning of theServices.
8. PRIVACY POLICY
We care about data privacy and security.
Please reviewour Privacy Policy: https://www.garanttrans.com/privacy-policy
By using the Services, you agree to be bound by ourPrivacy Policy, which is incorporated into these Legal Terms. Please be advisedthe Services are hosted in the United States. If youaccess the Services from any other region of the world with laws or otherrequirements governing personal data collection, use, or disclosure that differfrom applicable laws in the United States, then through your continued use of the Services, you are transferring your data tothe UnitedStates, and you expressly consent to haveyour data transferred to and processed in the United States.
9. TERM AND TERMINATION
These Legal Terms shall remain in full force and effectwhile you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGALTERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE ORLIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAINIP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUTLIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED INTHESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOURUSE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOUPOSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your account for any reason,you are prohibited from registering and creating a new account under your name,a fake or borrowed name, or the name of any third party, even if you may beacting on behalf of the third party. In addition to terminating or suspendingyour account, we reserve the right to take appropriate legal action, includingwithout limitation pursuing civil, criminal, and injunctive redress.
10. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove thecontents of the Services at any time or for any reason at our sole discretionwithout notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification,price change, suspension, or discontinuance of the Services. We cannot guarantee the Services will be available at alltimes. We may experience hardware, software, or other problems or need toperform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend,discontinue, or otherwise modify the Services at any time or for any reasonwithout notice to you.
You agree that we have no liability whatsoever for anyloss, damage, or inconvenience caused by your inability to access or use theServices during any downtime or discontinuance of the Services. Nothing inthese Legal Terms will be construed to obligate us to maintain and support theServices or to supply any corrections, updates, or releases in connectiontherewith.
11. GOVERNING LAW
These Legal Terms and your use of the Services aregoverned by and construed in accordance with the laws of the State of Illinois applicable to agreements made and to be entirelyperformed within the State of Illinois,without regard to its conflict of law principles.
12. DISPUTE RESOLUTION
Binding Arbitration If the Parties areunable to resolve a Dispute through informal negotiations, the Dispute (exceptthose Disputes expressly excluded below) will be finally and exclusivelyresolved by binding arbitration.
YOU UNDERSTAND THAT WITHOUT THIS PROVISION,YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitrationshall be commenced and conducted under the Commercial Arbitration Rules of theAmerican Arbitration Association ("AAA") and, where appropriate, theAAA’s Supplementary Procedures for Consumer Related Disputes ("AAAConsumer Rules"), both of which are available at the American ArbitrationAssociation (AAA) website.
Your arbitration fees and your share of arbitratorcompensation shall be governed by the AAA Consumer Rules and, whereappropriate, limited by the AAA Consumer Rules. The arbitration may beconducted in person, through the submission of documents, by phone, or online.The arbitrator will make a decision in writing, but need not provide a statementof reasons unless requested by either Party.
The arbitrator must followapplicable law, and any award may be challenged if the arbitrator fails to doso. Except where otherwise required by the applicable AAA rules or applicablelaw, the arbitration will take place in Cook County, Illinois. Except as otherwise provided herein, theParties may litigate in court to compel arbitration, stay proceedings pendingarbitration, or to confirm, modify, vacate, or enter judgment on the awardentered by the arbitrator. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall becommenced or prosecuted in the state and federal courtslocated inCook County,Illinois, and the Parties hereby consent to, and waive all defenses of lack ofpersonal jurisdiction, and forum non conveniens with respect to venue andjurisdiction in such state and federal courts.
Application of the UnitedNations Convention on Contracts for the International Sale of Goods and theUniform Computer Information Transaction Act (UCITA) are excluded from theseLegal Terms.
In no event shall any Dispute brought by either Party related in any way to the Services be commencedmore than one (1) yearsafter the cause of action arose. If this provision is found to be illegal orunenforceable, then neither Party will elect to arbitrate any Dispute fallingwithin that portion of this provision found to be illegal or unenforceable andsuch Dispute shall be decided by a court of competent jurisdiction within thecourts listed for jurisdiction above, and the Parties agree to submit to thepersonal jurisdiction of that court. Restrictions The Parties agree thatany arbitration shall be limited to the Dispute between the Partiesindividually.
To the full extent permitted by law, (a) no arbitration shall bejoined with any other proceeding; (b) there is no right or authority for anyDispute to be arbitrated on a class-action basis or to utilize class actionprocedures; and (c) there is no right or authority for any Dispute to bebrought in a purported representative capacity on behalf of the general publicor any other persons.
Exceptions to Arbitration
The Parties agree thatthe following Disputes are not subject to the above provisions concerningbinding arbitration: (a) any Disputes seeking to enforce or protect, orconcerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy,invasion of privacy, or unauthorized use; and (c) any claim for injunctiverelief. If this provision is found to be illegal or unenforceable, then neitherParty will elect to arbitrate any Dispute falling within that portion of thisprovision found to be illegal or unenforceable and such Dispute shall bedecided by a court of competent jurisdiction within the courts listed forjurisdiction above, and the Parties agree to submit to the personaljurisdiction of that court.
13. CORRECTIONS
There may beinformation on the Services that contains typographical errors, inaccuracies,or omissions, including descriptions, pricing, availability, and various otherinformation.
We reserve the right to correct any errors, inaccuracies, oromissions and to change or update the information on the Services at any time,without prior notice.
14. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLEBASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TOTHE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS ORIMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING,WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ORREPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT ORTHE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES ANDWE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, ORINACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THESERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/ORANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5)ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGHTHE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANYCONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS ARESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADEAVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUMERESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRDPARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILEAPPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE APARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEENYOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASEOF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULDUSE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
15. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OROUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANYDIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVEDAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGESARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDINGANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSEWHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BELIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE six (6) mONTH PERIOD PRIOR TOANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWSAND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THEEXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME ORALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAYHAVE ADDITIONAL RIGHTS.
16. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless,including our subsidiaries, affiliates, and all of our respective officers,agents, partners, and employees, from and against any loss, damage, liability,claim, or demand, including reasonable attorneys’ fees and expenses, made byany third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth inthese Legal Terms; (4) your violation of therights of a third party, including but not limited to intellectual propertyrights; or (5) any overt harmful act toward any otheruser of the Services with whom you connected via the Services. Notwithstandingthe foregoing, we reserve the right, at your expense, to assume the exclusivedefense and control of any matter for which you are required to indemnify us,and you agree to cooperate, at your expense, with our defense of such claims.We will use reasonable efforts to notify you of any such claim, action, orproceeding which is subject to this indemnification upon becoming aware of it.
17. USER DATA
We will maintain certain data that you transmit to theServices for the purpose of managing the performance of the Services, as wellas data relating to your use of the Services. Although we perform regularroutine backups of data, you are solely responsible for all data that youtransmit or that relates to any activity you have undertaken using theServices. You agree that we shall have no liability to you for any loss orcorruption of any such data, and you hereby waive any right of action againstus arising from any such loss or corruption of such data.
18. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completingonline forms constitute electronic communications. You consent to receiveelectronic communications, and you agree that all agreements, notices,disclosures, and other communications we provide to you electronically, viaemail and on the Services, satisfy any legal requirement that suchcommunication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OFNOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US ORVIA THE SERVICES. You hereby waive any rights or requirements under anystatutes, regulations, rules, ordinances, or other laws in any jurisdictionwhich require an original signature or delivery or retention of non-electronicrecords, or to payments or the granting of credits by any means other thanelectronic means.
19. SMS TEXT MESSAGING
Opting Out
If at any time you wishto stop receiving SMS messages from us, simply reply to the text with "STOP.” You may receive an SMS message confirming your opt out.
Message and Data Rates
Please be aware thatmessage and data rates may apply to any SMS messages sent or received. Therates are determined by your carrier and the specifics of your mobile plan.
Support
If you have anyquestions or need assistance regarding our SMS communications, please email usat safety@garanttrans.com or call at 1-844-556-4699.
20. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved,you can contact the Complaint Assistance Unit of the Division of ConsumerServices of the California Department of Consumer Affairs in writing at 1625North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephoneat (800) 952-5210 or (916) 445-1254.
21. MISCELLANEOUS
These Legal Terms and any policies or operating rulesposted by us on the Services or in respect to the Services constitute theentire agreement and understanding between you and us. Our failure to exerciseor enforce any right or provision of these Legal Terms shall not operate as awaiver of such right or provision. These Legal Terms operate to the fullestextent permissible by law. We may assign any or all of our rights andobligations to others at any time. We shall not be responsible or liable forany loss, damage, delay, or failure to act caused by any cause beyond ourreasonable control. If any provision or part of a provision of these LegalTerms is determined to be unlawful, void, or unenforceable, that provision orpart of the provision is deemed severable from these Legal Terms and does notaffect the validity and enforceability of any remaining provisions. There is nojoint venture, partnership, employment or agency relationship created betweenyou and us as a result of these Legal Terms or use of the Services. You agreethat these Legal Terms will not be construed against us by virtue of havingdrafted them. You hereby waive any and all defenses you may have based on theelectronic form of these Legal Terms and the lack of signing by the partieshereto to execute these Legal Terms.
22. CONTACT US
In order to resolve a complaint regarding the Services orto receive further information regarding use of the Services, please contact usat:
GARANT INC
7520 W Lawrence Ave, Apt 2N
Hardwood Height, IL 60706
United States
Phone: 1-844-556-4699
safety@garanttrans.com